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A Law Become Useless
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Slater, Manual of Moral Theology
Vol. I, Bk. III, Ch. IX, Section II. A Law Become Useless
A law should further the common good; if it ceases to do this, it becomes useless, and ceases to be a law. A law then ceases to bind when it ceases to be useful for the object for which it was made. However, it not unfrequently happens that a law was designed to further several objects, and it may well be that, though it is useless for one purpose, it is of use for another. The law which requires banns to be published before marriage is designed to discover impediments if there be any, and also to secure the publicity of marriage. It may be absolutely certain that there are no impediments, but for all that the other object of the law remains to be secured, and prevents the law from being useless. The law remains in force as long as it serves its purpose to some extent, though it may not attain all the objects for which it was made.
A positive law ceases to be of obligation in a particular case if it becomes hurtful, or if it cannot be observed without serious inconvenience. But does a law cease to bind in a particular case when it becomes merely useless, when it fails in that particular case to attain any of the objects for which it was made1 This question is disputed among theologians. The better and more common opinion is that the law does not then cease to bind. For the law is made for the community, and if it continues to promote the common good it retains its binding force for the community. Nor can individuals shake off the obligation of such a law on the ground that it is useless for them; they are bound to conform their actions to the rules which govern the community of which they are members. Besides, there is always danger of self-deception in such matters, and it would be a dangerous principle to admit that one who thinks that a law is useless as a guide for his own conduct need not obey the law. If, however, there be no danger of self-deception, and if it is quite certain that a law has ceased to be of any use in some special case, several theologians of weight admit the probability of the contrary opinion."
Canon 21 enacts that laws made to guard against a general danger continue to bind even though the danger may not exist in a particular case.
1 Bucceroni, 1, n. 172.
Merkelbach, Summa Theologiae Moralis
Vol. I, General Moral Theology, Treatise: On Laws in General, Sect. C, Sixth Part: On Ecclesiasti…, Third Question: On the Mut…, Article V: On Cessation of the End
398. The intrinsic end of law is that good which the law immediately regards and intends, or the proximate formal motive on account of which it was enacted. It ceases when it has already been obtained or can no longer be obtained, for example, the health of the pontiff to be obtained, if it has been obtained or if the pontiff dies. But it can cease either negatively or contradictorily, when observance of the law is no longer useful for the end: this is simple cessation; or positively and contrarily, when from being just, useful, and morally possible it has become, on account of circumstances, unjust, harmful, or very difficult: this is called change of matter.
399. The rules concerning cessation of the end are usually stated as follows:
I. When the total or adequate end of the law ceases (even negatively) in the universal, that is, with respect to the whole community or the greater part, and indeed permanently, the law ceases, because it becomes useless to the community, at least with respect to that which it intended, nor does the legislator will to obligate when the end intended by him is lacking; a fortiori if it ceases positively and the law becomes universally harmful. Hence the axiom: when the reason of the law ceases, its disposition ceases.
II. When a partial end ceases, the law does not cease, provided the end of the law is sufficient; for example, prayer for peace and fair weather does not cease when this has been obtained.
III. When the end ceases in the particular (with respect to one person or for a time), the law in no way ceases, because it intends the general good; but if it becomes harmful or too burdensome, the law itself does not cease, but as regards the particular case it can fail to obligate by epikeia, if it becomes too grave.
400. Corollary. - Hence for the cessation of law from within, three conditions are required. Namely, the final cause must cease totally as to all parts of the law, universally for the whole community, and constantly; otherwise the law is only suspended.