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Laws on the Index and Cremation
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McHugh–Callan, Moral Theology
Vol. II, Pt. II, Q. III, Art. 1. The Duties of Memb…, Laws on the Index and Cremation
Two Other Important General Laws of the Church
Two Other Important General Laws of the Church.—(a) The prohibition of wicked and dangerous writings (Canons 1384 sqq.) is based on the natural law, which requires one to avoid what is proximately dangerous to faith or morals. This subject is treated above in 1456, 849 sqq., 1529.
(b) The prohibition of the cremation of corpses (Canon 1203) is not based on natural law or on any dogma, as though the burning of dead bodies were intrinsically evil or repugnant to our faith in immortality and resurrection. On the contrary, in exceptional cases (e.g., in time of war or epidemic) cremation is permitted, if a real public necessity requires it. The reasons for the anti-cremation law are: the tradition of the Old and New Testaments (Gen., iii, 19; I Cor., xv. 42), and especially the example of Christ whose body was consigned to the tomb; the association of burial throughout the history of the Church with sacred rites and the doctrine of the future life, and the contrary association of cremation both in times past and today with paganism and despair; the sacred dignity of the human body (Gen., i. 25; I Cor., iii. 16, vi. 5), and the feeling of affection for parents, relatives, friends, which is outraged when their bodies are consigned to the furnace. The practical arguments offered for cremation are chiefly hygienic and economic; but it is certain that proper burial at sea or in the grave is no menace to public health, and is not more expensive or difficult than cremation. A most serious objection to cremation is that it makes exhumation impossible, and is therefore a means of concealing murder by poison. It is not lawful for a Catholic to cooperate (except materially in case of necessity) with cremation, or to belong to any society that promotes the incineration of corpses; it is not lawful for a priest to give the last Sacraments or funeral rites to those who ordered the cremation of their bodies.
Merkelbach, Summa Theologiae Moralis
Vol. I, Special Moral Theology, Treatise: On Divine Faith, Fourth Part: On the Vices …, Question Two: On Sins Indi…, Article III: On the Reading and Dissemination of Prohibited Writings
775. To what precisely does the law of prohibition oblige? - The aforesaid laws oblige the faithful (not Cardinals, Bishops, Ordinaries according to can. 1401), and indeed under grave obligation, because the end of warding off from the faithful the danger which threatens from reading is more grave, and the law contributes much to this end; this is also clear from the penalties. Moreover, it obliges the faithful so that:
a) they are bound everywhere on earth (can. 1396), unless nevertheless in some place a special indult has been obtained;
c) and so that "without due permission a book can neither be published, nor read, nor retained, nor sold, nor translated into another language, nor communicated in any way with others" (can. 1398, § 1).
It cannot:
- be published, that is, be made public, which is done by: the author if he handed over the book for the end that it be published; the publisher who cares for its dissemination; and the owner of the printing house who undertakes its printing; - yet probably not proofreaders or the printers themselves;
- nor be read in the proper sense, which is done by those who, scanning a book with their own eyes, understand the things written; - but not by those who hear another reading, nor by those who recite from memory, nor by those who scan with their own eyes but do not understand because of ignorance of the language, nor probably by those who hear a reader whom they have induced to read by requests or by command.
Grave matter and mortal sin are present: a) by reason of quality, when a very depraved passage is read, or an article in newspapers, even if it comprises only one or another page; b) by reason of quantity, if someone reads indiscriminately all things, or a notable part of a writing of unknown nature, because he commonly exposes himself to great danger: what a notable part is is difficult to determine, whether 6, 10, or perhaps even 20 pages, according to the depravity or bulk of the writing and the gravity of the danger; but for newspapers it is the custom of reading; c) to read things which certainly are harmless, not only to the reader but by their nature and commonly to all, is venial, unless there is danger of contracting a habit and reading the rest; d) it is venial to read that which is prohibited only because it was published without approval;
- nor be preserved, which is done by: the owner who keeps his own book with himself, even if he did so not for reading but for mere ornament, even if he does not understand the language; - by the depositary who keeps another's book with himself; - by the depositor who keeps his own book with another, provided he does not deposit it with an agreement not to reclaim it except after permission has been obtained; - yet not by the bookbinder (at least if it is not done for a long time), nor by the custodian or librarian, provided he does not remove the books and transfer them into his own house.
It is a grave sin to preserve one for a notable time, for example, for some weeks or for a month; but if someone is waiting for a suitable occasion of asking permission, the books can be retained somewhat longer;
- nor be sold. Hence can. 1404: "Sellers of books are not to sell, lend, or retain books treating professedly of obscene matters; other prohibited books they are not to have for sale unless they have obtained due permission from the Apostolic See, nor are they to sell them to anyone unless they can prudently judge that they are lawfully sought by the purchaser." But those also sell who procure the book;
- nor be translated into another language;