Moral Theology Part 28

680. Laxism.--The extreme opposite of Tutiorism is Laxism, whose principle is: "When one is undecided between the safer and the less safe, one may choose the less safe, if it is only slightly or uncertainly probable," because whatever seems at all probable may be prudently followed, and so forms a certain conscience. Example: According to Laxism, one would be justified in following an opinion, because it was defended by one theologian, even though he was of little authority.

681. This system has been condemned by the Church for the following reasons:

(a) It is contrary to the teaching of the Gospels and of the Fathers, which requires one to observe the laws of G.o.d with understanding and diligence;

(b) It leads to corruption of morals. The Laxists of the seventeenth century were called in derision those "who take away the sins of the world," and it was against their loose teachings that Pascal inveighed;

(c) Its argument is of no value, for no prudent person would feel that he should follow what was only slightly above the improbable, or that a law should be deemed uncertain because an opinion of uncertain probability could be quoted against it.

682. The true system of reflex principles will lie between the extremes of Tutiorism and Laxism. As already said, these two doctrines have been censured by the Church; but there are other systems that are moderate, and that are permitted by the Church and defended by theologians. These systems are:

(a) Probabiliorism, whose principle is: "When one is undecided between the safer and the less safe, one may choose the less safc only when it is more probable";

(b) Equiprobabilism, whose doctrine is: "When one is undecided between the safer and the less safe, one may choose the less safe only when it affirms the non-existence of the law, and is at least equally probable with the opposite";

(c) Probabilism, whose doctrine is: "When one is undecided between the safer and the less safe, one may choose the less safe whenever it is certainly and solidly probable";

(d) Compensationism, whose doctrine is: "When one is undecided between the safer and the less safe, one may choose the less safe whenever it is certainly and solidly probable, and there is a proportionate reason to compensate for the risk taken."

683. Probabiliorism.--The arguments in favor of Probabiliorism are as follows:

(a) extrinsic or from authority. This system is more ancient, and, when the controversy over systems began in the seventeenth century, this was the one that was most favored by the Church and theologians;

(b) intrinsic and direct. An essential note of cert.i.tude is that it should exclude all doubt, for as long as doubt remains there is only opinion. But one who is undecided cannot exclude all doubt, unless the arguments against the doubts not only balance, but outweigh the latter (i.e., unless one has greater probability on one's side). Hence, he who acts against the safer, which is always certain enough, when his own opinion is not more probable, acts with an uncertain conscience;

(c) intrinsic and indirect. In all other matters a man is not prudent if he a.s.sents to that which is less safe and less probable. Thus, in things speculative no scholar would think of accepting a theory which to his knowledge was further removed from the truth; in things practical no man of common sense would prefer a road that seemed less likely to lead to his destination. But we should not be less prudent about the good than we are about the true and the useful. Hence, in doubt we should always decide in favor of the law, unless the arguments for liberty are more convincing.

684. The answers given to the above arguments are:

(a) Probabiliorism is not more ancient as a system, since none of the moral systems were formulated before the sixteenth century; if Patristic and medieval authorities can be quoted who decided cases probabilioristically, others who were contemporary can be named who decided according to milder principles. Moreover, the pa.s.sages cited are frequently obscure, and do not necessarily bear a Probabilioristic sense. That Probabiliorism enjoyed more favor at the beginning of the controversy is not wonderful, since other systems were more or less identified with Laxism, and the question at issue had not been studied thoroughly. Today Probabiliorism has few defenders.

(b) That which is more probable by far, or most probable, does overcome all doubt, and is even speculatively certain; but he who would require the more probable in this sense does not differ from the Tutiorists spoken of above. That which is more probable, but not to a notable extent, does not exclude all doubt, for the very definition of the more probable is "that judgment which appears more likely to be true than another, but which does not exclude all fear that the other may be true." Hence, if Probabiliorism calls for the notably more probable, it does not differ from Tutiorism; if it calls for the moderately more probable, it wrongly claims that there is no probability on the opposite side.

(c) The true is that which is in harmony with facts, the useful that which conduces to the obtaining of an end, the good that which is in conformity with law. Certainly, a man is not a prudent seeker of truth if he arbitrarily prefers the less to the more true-seeming, nor a prudent seeker of the useful if he chooses the less safe way of obtaining what is a necessary end; but a man can be a prudent seeker of the good, even though he prefers the less safe and less probable, when the law itself, the norm of good, does not demand more from him. Hence, one who makes a judgment according to the anti-Probabiliorist systems does not feel that he is yielding a.s.sent to what is speculatively less probable; but that he is making a decision that is practically certain; not that he is choosing a perilous way, but one that is absolutely safe.

685. Arguments against Probabiliorism.--(a) Theoretical Objection.--The principle of Probabiliorism that it is lawful to act against the safer side when the less safe side is more probable, cannot be justified except on the ground that invincible ignorance of obligation exists, and hence that the law does not oblige. But the same argument can be used in favor of milder systems; for even if the less safe side is only probable, it makes one invincibly ignorant that one is obliged. Hence, the basis of Probabiliorism is fatal to its own claims.

(b) Practical Objection.--A system for the direction of conscience should be so simple that it can be easily applied in the everyday affairs of life. Abstract questions may receive attention from moralists for days and months, but concrete cases have to be decided as a rule without delay. But Probabiliorism is such a complicated system that it is unsuited to everyday life. St. Alphonsus declares that he found by the experience of many years that this system cannot be profitably used in the guidance of souls, for it imposes an intolerable burden on both confessors and penitents. And how few are so skilled as to be able to decide quickly, without scruples, and correctly about the relative degrees of probability in opposite opinions!

686. Answers of the Probabiliorists.--(a) A probable opinion against the existence of obligation does not create invincible ignorance, but only doubt; nor does a more probable opinion against obligation create invincible ignorance, since it excludes the less probable opinion for obligation, and makes one a.s.sent unwaveringly and in good faith, even though erroneously, to the judgment that one is not bound.

(b) It is no more difficult to decide what is more probable than to decide what is equally probable, or truly and solidly probable; nor is the same skill and attention expected in all persons and cases, but each person must judge according to the best light he has, and each case must receive the measure of attention its importance calls for. If Probabiliorists may become scrupulous, may not Probabilists become lax?

687. The debate between Probabiliorism and its adversaries is not often heard today, as most modern moralists give their allegiance either to Equiprobabilism (a modified Probabiliorism) or to Probabilism.

688. Equiprobabilism.--The doctrine of Equiprobabilism is a middle way between Probabiliorism and Probabilism. Thus: (a) it agrees with Probabiliorism in holding that it is not lawful to follow the less safe, if the safer is more probable, or if the safer is equally probable, and the question is about the cessation of the law; (b) it agrees with Probabilism in holding that it is lawful to follow the less safe, if the safer is only equally probable, and the question is about the existence of the law.

689. The principle that "it is not lawful to follow the less safe, if the safer is equally probable and the question is about the cessation of the law," is defended as follows by Equiprobabilists:

(a) In real doubt we should decide in favor of that side which is possession. But, when doubt is about the cessation of a law, the law is in possession; for there is no question that it was made. Therefore, in such a doubt we should decide for the safer side, that is, that the law has not ceased.

(b) A certain obligation is not complied with by a doubtful fulfillment. But doubts about the cessation of the obligation of law usually arise from a probability that one has already fulfilled the law. Therefore in such cases we should decide that the law has not been fulfilled--that is, that its obligation has not ceased.

690. The Probabilists reply that: (a) it is not true that, in equiprobability about the cessation of law, the law is in possession; for liberty is naturally prior to law, and hence has possession in doubt; (b) nor is it true that an obligation that has probably been complied with or removed is certain.

691. The Equiprobabilists answer: (a) liberty was in possession, until it was dispossessed by the making of the law; (b) an obligation that certainly existed must be held as certainly in existence, until the contrary is proved; whereas a fact, such as dispensation, abrogation, or fulfillment, is not proved if it is only probable.

692. The principle that "it is lawful to follow the less safe side, if the safer is only equally probable and the question is about the existence of the law," is defended as follows by Equiprobabilists:

(a) In real doubt we should favor the side that is in possession. But when doubt is about the existence of a law, liberty is in possession; for liberty is prior to law. Therefore, in such doubt we may decide that there is no obligation.

(b) An uncertain law does not oblige, if one is invincibly ignorant of its existence. But, when there are equiprobable reasons against the existence of a law, one is invincibly ignorant of its existence.

Therefore, in such cases one is not obliged.

693. The principle that "it is not lawful to follow the less safe side if the safer side is more probable," is defended as follows by Equiprobabilists:

(a) In doubt improperly so called--that is, in that condition of mind in which there is no fluctuation between equal arguments, but only some indecision between the more and the less probable--we should decide in favor of the more probable, as being morally certain. Hence, it is not lawful to follow what is less safe and less probable.

(b) A law sufficiently promulgated obliges. But, when it is more probable that a law was made or is in force, such law is sufficiently promulgated to the conscience. Hence, the safer side must be followed, if it is more probable.

694. Probabilist Criticism of the Foregoing Arguments.

(a) If the excess of the more probable over the less probable is so great that the latter is only slightly or doubtfully probable, the more probable is equivalent to cert.i.tude; for cert.i.tude is a.s.sent without fear of the opposite, and the fear of the opposite in such a case would be so slight that it may be considered as non-existent. If the excess is not so great, the less probable remains solidly and certainly probable, and the more probable is not cert.i.tude, but opinion (that is, a.s.sent with fear of the opposite). The Equiprobabilists are speaking of greater probability in the second sense, and hence they are wrong when they identify it with cert.i.tude (see above, 654).

(b) A law must be so promulgated to the conscience that one knows the law or could know it with sufficient diligence; it does not suffice that one can get no further than opinion. It would be unreasonable to oblige one to observe not only what is the law, but also what seems to be the law. Now, he who has only more probable opinion that he is bound by some law, does not know that such obligation exists; he only knows that it seems to exist.

695. Reply of the Equiprobabilists.-(a) The more probable always removes the appearance of truth from the less probable. Hence, he who recognizes an opinion as more probable can a.s.sent to it without any fear of error.

(b) One who holds it as more probable that he is obliged by a certain law, does not know for certain that he is obliged by reason of that law; but he does know for certain that he is obliged by reason of a higher law. Superior to every particular law is the general law that nothing may be done that will deprive law of its efficacy. But law loses its efficacy if each one is free to decide that he is not bound even when the greater weight of probability is to the contrary.

696. General Arguments in Favor of Equiprobabilism.--(a) From Authority.--St. Alphonsus Liguori, who holds a unique place in the Church as a moralist, preferred Equiprobabilism to every other moral system; and his views are followed not only by his own Congregation, the Redemptorists, but by many others.

(b) From Comparison with Other Systems.--Truth lies midway between extremes; for truth is lost either by exaggeration or by defect. But Equiprobabilism is a happy medium between Probabiliorism inclining to Rigorism, and Probabilism inclining towards Laxism. Hence, the relation of Equiprobabilism to other systems is in its favor.

(c) From the Character of Its Teaching.--According to principles of justice universally admitted as true, a judge should p.r.o.nounce sentence in favor of the more probable when there is evidence of unequal weight and in favor of that which is in possession when there is evidence of equal weight. But these principles ought to be of universal application. Therefore, Equiprobabilism does right in making these the guiding principles for the court of conscience.

697. Probabilist Criticism of these Arguments.--(a) St. Alphonsus is one of the greatest moral theologians of the Church. Whether in his later years (1762-1787) he taught Equiprobabilism, is a matter of dispute among those who are familiar with his writings. But there is no doubt that in his mature age (1749-1762), when he wrote his Moral Theology, he was a Probabilist.

(b) Probabilism can likewise claim that it stands midway between the extremes of Rigorism (represented by Probabiliorism and Equiprobabilism), on the one side, and of Laxism, on the other side.

(c) The principle of possession invoked by Equiprobabilism applies to matters of justice, because there is a presumption that he who holds property has a right to it, and also because human laws must favor him who is in possession, lest property rights be left uncertain and disputes be multiplied. The principle of possession does not apply, however, to other matters; if the law obliged one yesterday, how can that create a presumption that it obliges one today, if one has good reasons for thinking the obligation has ceased? And as for human ordinances, while they have jurisdiction over external goods and may award them in case of doubt to the possessor, they have not, and have never claimed, the right to make the principle of possession a rule for solving all difficulties about duty.

The principle of Probabiliorism for which the Equiprobabilists claim the authority of judicial practice certainly does not apply to criminal cases, for in these preponderance of evidence against an accused is not to be followed if there is a reasonable doubt. In civil cases judges apply the principle of probabiliorism, but it does not follow that conscience should do the same, for the circ.u.mstances are different. The judge is seeking to decide which of two litigants has the more likely claim, and hence he is bound to declare for the side that has stronger evidence. Conscience is seeking to decide whether an obligation is certain or uncertain, and hence it is not obliged to decide for obligation when this is more probable, but still not certain.

698. Answer of Equiprobabilists to this Criticism.--(a) Granted that St. Alphonsus once held Probabilism, he rejected it later emphatically, and when dying declared that his former defense of Probabilism was the only thing that gave him anxiety.

(b) Equiprobabilism is further removed from Rigorism than Probabilism is from Laxism. It hears both sides of the question--that for liberty and that for law--before it decides. Probabilism is satisfied to hear one side, that for liberty; or at least it does not compare the two sides.