A Topic of Moral Theology

The judge and unjust laws

Divorce and other unjust laws: may a Catholic judge apply them?

Also asked about as…

a judge enforcing an unjust law (ed.)

In the index as Judge · Divorce · Advocate · Civil law · Magistrate · Matrimony · Restitution · Syndic · Unjust laws · Wills

In the manuals

A Manual of Moral Theology for English-Speaking Countries

Vol. II, Bk. I, Pt. I, Chapter I. Duties of Judges, n. 4 — The judge is bound to pass sentence according to law, for this is presumed to be just. It may, however, happen that particular laws are unjust, as when the seal of confession is not respected or divorce is permitted. May… Read in context →

Moral Theology: A Complete Course (McHugh & Callan)

Vol. II, Pt. II, Q. II, Art. 4. The Vices Opposed …, In Judges, nn. 1949 & 1950 (2 passages — hover a number to read it)

Moral Enchiridion, and Supplement to the Compendium of Moral Theology of Gury-Ballerini (Enchiridion Morale)

Bucceroni, Moral Enchiridion, On Particular States, nn. ¶1–¶14 (14 passages)

Moral Enchiridion, Comprising Select Decrees and Definitions of the Holy See, of Ecumenical Councils and of the Sacred Roman Congregations (Enchiridion Morale), Fourth Edition

Bucceroni, Moral Enchiridion (4th ed., 1905), On Particular States, n. 19 (16 passages — hover a number to read it)

Cases of Conscience, Proposed by Cardinal de Lugo, by Fr. Beniamino Elbel, by Fr. Ioannes Petrus Gury and by Other Authors, and Resolved (Casus conscientiae)

92. On the Provincial Prefect, on Judges, on the Mayor, n. 3 (4 passages — hover a number to read it)

Manuale Theologiae Moralis

Vol. II, Tr. XI, Sect. I, Q. III, Ch. III, Art. IV, I. On Injuries By Words In…, § 1. On The Obligations And Sins Of The Judge, n. 154 — 154. You ask: Must, or at least can, the judge judge according to laws that are manifestly unjust? e.g., can the judge, according to the unjust law of several regions, punish a pastor who has blessed a Christian marriage… Read in context →

Summa Theologiae Moralis

Vol. II, Special Moral Theology: On…, Treatise: On the Cardinal …, Fourth Part: On Distributi…, Question Four: On Public J…, Article I: On Judges, n. 638 (3 passages — hover a number to read it)

Compendium of Moral Theology

Vol. I, Tr. X, Pt. I, Chapter I. On the Obligations of Judges, n. 559, Q. 4 — Question 4. Is it licit among us for a Catholic judge to render a sentence of divorce, when it is sought according to the civil laws? Resp. 1st. The question posited generally is much controverted. Those who say that it … Read in context →

Cases of Conscience for English-Speaking Countries, Volume I

Slater, Cases I, Laws, Case 9. A Passive Resister, nn. ¶1, ¶2, ¶3, ¶4, ¶5, ¶6, ¶7, ¶8, ¶9, ¶10, ¶11, ¶12 & ¶13 (13 passages — hover a number to read it)

Cases of Conscience for English-Speaking Countries, Volume II

Slater, Cases II, Duties of Laymen, Case 1. A Judge's Duty, nn. ¶1, ¶2, ¶3, ¶4, ¶5, ¶6, ¶7, ¶8, ¶9 & ¶10 (10 passages — hover a number to read it)

Treated under the broader heading Duties of Judges — Wouters, Manual of Moral Theology · Bucceroni, Institutions of Moral Theology · Gury-Ballerini, Compendium of Moral Theology (8th ed., 1884) · Vermeersch, Theologia Moralis · Coppens, Medical Practice · Konings, Theologia Moralis · Marc, Institutiones Morales · Merkelbach, Pastoral Questions · Concina, Compendium · Bontempi, Palladium Theologicum V — these works do not divide the matter as finely as we do here, so their treatment stands one heading up (ed.)