Chapter XXXIV: Part II: Special Moral Theology (15)
(a) If the obligation of reparation is not grave, it is lawful to administer the Sacraments, since the person who gave the scandal is not subject to grave sin and unworthy of the Sacraments, and his admission to them will not be a new scandal.
(b) If the obligation of reparation is grave, it is lawful to admit the party in question to the Sacrament of Penance; for every person rightly disposed has a right to absolution, and the fact that a person who gave scandal goes to confession is edifying. But absolution should be given on condition that reparation for the scandal is seriously promised.
(c) If the obligation of reparation is grave, it is not lawful as a rule to admit to the other Sacraments, until the reparation has been actually performed. Thus, if it is notorious in a parish that a certain individual has been living in a serious occasion of sin or has been circulating impious doctrines, the occasion of sin should be removed or the doctrines should be retracted, before the individual is admitted to Communion, etc.; otherwise, a new scandal would be given the faithful from the apparent approval given the scandalizer by the minister of the Sacrament received.
1494. In certain cases, however, the Sacraments other than Penance may also be given before reparation for grave scandal has been made, namely, when the circumstances are such that the administration of the Sacraments will offer no scandal. (a) Thus, a dying person who is penitent but unable to perform some satisfaction for scandal given is granted the Sacraments. (b) A person who is well disposed, but who has not yet made satisfaction for scandal, may sometimes be given Communion privately. (c) A person who is not well disposed, and who will not make satisfaction for scandal, is sometimes permitted to contract marriage before the priest, namely, when there is a grave reason for marriage and scandal is precluded.
1495. Seduction.--Having discussed scandal, which leads others into sin by bad example, we shall now consider, first, solicitation or seduction, which leads others into sin by moral inducement, and, secondly, cooperation, which assists another to sin (see 1460).
1496. Seduction is some external act (words, writing, signs or gesture) by which one directly and explicitly seeks to win the consent of another to sin. There are various modes of solicitation.
(a) There is command to sin, which is an authoritative direction to commit sin imposed by a superior on his subject. Command is given expressly, as when a father tells his son to steal; or implicitly, as when he tells his son that it will please him if the son steals.
(b) There is counsel to sin, which is direct persuasion to do evil made through argument that sin is lawful, or through instruction on the ways of committing sin, or through advice, request, promises, threats, etc., as when one writes in praise of suicide to a person who is very discouraged, and recommends it.
(c) There is enticement which is an indirect persuasion to sin made through flattery, insinuation, calumny, narratives, etc. Thus, Absalom worked on the people of Israel and beguiled them into rebellion against his father (II Kings, xv. 1-6). Those who ridicule temperance and so lead others to drink excessively, entice to drunkenness. A host who offers little except fine meats on a Friday entices to the violation of abstinence.
1497. The Malice of Solicitation.--(a) The gravity of this sin according to its nature is mortal, but it may be venial on account of imperfect deliberation or smallness of matter (see 1473). Thus, it is a mortal sin to command one’s son to commit grand larceny or perjury, a venial sin to command him to commit petty theft or tell a harmless lie. (b) The circumstances of the sin that aggravate or extenuate are the greater or less degree of deliberation and malice, the greater or less evil of the sin to which one induces one’s neighbors, etc. (see 1473, 1474). (c) The species of the sin of solicitation is twofold; there is the sin of scandal, opposed to charity, inasmuch as a neighbor is led to sin, and there is also the sin which one persuades a neighbor to commit (see 1468 sqq.).
1498. Applications to Confession and Satisfaction.--(a) Since the seducer willed the species of sin to which he induced his neighbor, it does not suffice that he tell in confession that he induced another to sin; he must also tell the species of sin (e.g., theft), to which he induced or attempted to induce another. (b) Since the seducer is guilty of injustice against the person seduced, if he employed fraud, traps, violence, etc., it does not suffice in such cases merely to confess that he seduced; he must also tell that he used unjust means to seduce. (c) Since the seducer is guilty of spiritual damage, he is bound to make reparation for scandal given (see 1488 sqq.). (d) Since the seducer is responsible for temporal damages that are due to his influence (e.g., when he commands A to steal from or calumniate B), he is held to restitution for any such damages (see Vol. II on Justice).
1499. In confessing a sin whose nature implies an accomplice (e.g., obscene conversation), is it necessary to mention the circumstance that one seduced the other party? (a) If the seduction includes a special malice against charity or against justice, it should be mentioned. Thus, if the party seduced had been innocent and was scandalized, or was trapped into sin, the fact of seduction should be mentioned. (b) If the seduction includes no special malice against charity or justice, it seems there is no obligation to mention it. Thus, if the party solicited had been living a life of sin and consented to the solicitation without any detriment to ideals or any unwillingness, no scandal is given and no injustice committed by the solicitation, as far as that party is concerned, and there seems to be no reason why the circumstance of seduction must be confessed.
1500. Seduction is incitement to sin, and so differs from mere permission of sin in another. It is never lawful to incite to sin, but it is lawful for a sufficient reason to permit sin in others, as was said above in reference to Pharisaic scandal (see 1477, 1482, 1483). But, in applying this principle to concrete cases, it is sometimes difficult to draw the line between incitement and mere permission. We shall discuss now the following cases in which this difficulty occurs: (a) when one requests another to do something which one knows will be a sin for him; (b) when one advises another to commit a less rather than a greater evil; (e) when the opportunity for another to commit sin is not removed, or is prepared.
1501. Is it lawful to ask another to do something, when one knows that he will not consent without sinning?
(a) If the thing requested is sinful in itself, the request is also sinful. Hence, it is not lawful to ask a thief to sell the goods he has stolen, nor is it lawful to request absolution from a priest who lacks jurisdiction.
(b) If the thing requested is lawful in itself, but there is no sufficient reason for the request in view of the fact that the other will sin by granting it, the request is sinful. Hence, it is not lawful to ask baptism from a person who is in the state of sin, when one can easily obtain it from another person who is in the state of grace.
(c) If the thing requested is lawful, and there is a sufficient reason for the request, one does not sin by making the request. Hence, it is lawful for the sake of the common welfare to require that witnesses take an oath, even though one knows that one of them will commit perjury.
1502. Is it lawful to advise another to commit a less evil in preference to a greater evil?
(a) If the other has not made up his mind to commit either evil, it is not lawful to advise that he do either. Thus, to counsel another to steal, and to make his victims the rich rather than the poor, is a species of seduction.
(b) If the person has made up his mind to commit the greater evil and the lesser evil is virtually contained in the greater, it is lawful to advise that he omit the former for the latter. For in thus acting one prevents the greater evil and does not cause the lesser evil, since it is virtually contained in the greater evil which the other person had already decided on. Thus, if Titus is bent on stealing $100, Balbus is not guilty of seduction, if he persuades Titus to take only $10. We are supposing, of course, that Titus is so determined to steal that it is out of the question to deter him from taking at least a small amount.
(c) If the person in question has decided on the greater sin and the lesser is not virtually contained in the greater, it is not lawful to recommend that he commit the smaller instead of the greater sin. For, if one does this, one does not save the other from the internal guilt of the greater sin intended, while one does add the malice of the lesser sin which was not intended. Thus, if Titus plans to kill Caius, it is not lawful to advise that he rob him instead, or that he kill Claudius instead, for robbery is a specifically distinct sin from murder, and Claudius is a different person from Caius. But, if Titus planned to kill Caius in order to rob him, it would not be unlawful to point out that the robbery could be carried out without murder and to advise accordingly.
1503. Not all theologians accept the last solution just given. (a) Some reject it, and hold that, even when the lesser evil is not virtually contained in the greater, it is lawful to advise the lesser. They argue that what one does thereby is not to commit the lesser evil, to induce it or approve it, but only to permit it in order to lessen the harm that will be done, and they confirm their argument from scripture (Gen., xix. 8). According to this opinion, then, which has some good authorities in its favor, it would be lawful to advise robbery in order to dissuade another from the greater evil of murder. (b) Others modify the solution given in the previous paragraph, and hold that it is lawful to propose the lesser evil or mention it, provided one does not attempt to induce the other person to carry it into effect.
1504. Is it lawful so to prearrange circumstances that an occasion of sin will seem to offer itself to another?
(a) If the end and the means used are good, this is lawful; for there is no scandal or seduction, but sin or the danger of sin is permitted for a proportionately grave reason. Examples: Sempronius knows that someone is robbing his desk, and it is important that he discover the thief. He leaves the desk open and watches from concealment to see whether a suspected person who is coming to the room will steal. Claudius is quite certain that Titus is stealing his chickens, but he needs evidence in order to have Titus convicted and deterred from future stealing. So, he leaves doors open and hides himself with witnesses that Titus may be caught in the act.
(b) If the end or means is bad, it is not lawful to prepare an opportunity for sin, because in either case one intends something sinful. Examples: Sempronius knows that his wife Titia has been unfaithful and he threatens to leave her. She, wishing to have a countercharge to make or to secure evidence to discredit his word, hires various dissolute females to lay traps for him and his friends. Claudius out of revenge wishes that Caius be sent to jail, and he therefore employs agents to provoke Caius into something criminal in word or deed that will justify incarceration. Balbus knows that Mercurius is a dangerous character, and he frames a scheme by which Mercurius will be invited to participate in an act of banditry and be captured. Titia and Claudius sin, because their purpose is wrong; Balbus sins because he uses wrong means. All three are guilty of seduction, at least in intention.
1505. Seduction was described above (see 1496) as an inducement to sin through such manifest means as command, counsel, or enticement. But there is also a more subtle form of seduction, which does not appeal directly to the intellect or will, but makes a physical approach by acting upon the body, senses, or imagination. This is a more cunning, but none the less guilty form of seduction, examples of which are the following:
(a) Seduction through bodily states is exemplified in those who minister secretly to others drinks or drugs or foods that will produce emotional disturbances or mental confusion and make them more susceptible to temptation.
(b) Seduction through the senses is exemplified in those who surround others with pictures, companions, music, examples, etc., that continually speak of the desirability of vice or the undesirability of virtue.
(c) Seduction through the imagination is seen in hypnotism or suggestion when used to produce a vivid and strong impression of something dangerous to be thought on. A spirit of bigoted uniformity which demands that all dress, think and act alike even in matters where there should be liberty, may also be very seductive; for, rather than commit the unpardonable sin of seeming queer, a person may take to drunkenness or whatever vice is popular in his crowd or group.
1506. Cooperation in Sin.--Cooperation or participation in sin, strictly understood, is help afforded another, whom one has not seduced, to carry out his purpose of sinning.
(a) Hence, cooperation differs from scandal and solicitation, for these lead into sin one who had not decided on sin, while cooperation supposes that the other party had already made up his mind to sin. The scandalizer leads into sin, but does not help in its commission; the cooperator does not lead into sin but he helps in its commission.
(b) Cooperation, however, may include scandal and solicitation as regards future sins or as regards third parties. Example: Balbus, who had decided on his own initiative to steal, finds to his surprise that his conduct receives aid and comfort from Titus, a person of some authority. This cooperation will act as an example or incitement to Balbus to repeat the offense, and will likewise be an occasion of sin to others.
1507. Cooperation is also different from complicity as follows: (a) The cooperator acts as assistant or subordinate agent to the one who commits sin, providing him with moral or physical help, or supplying him with the means requisite for the act of sin. Thus, he whose services are commandeered by robbers and who carries away the stolen goods, or who puts a revolver into the hand of one bent on murder or obscene books into the hands of one bent on the corruption of youth, is a cooperator. (b) The accomplice acts as an equiprincipal or coordinate agent with another in the commission of the same sin, performing his own proper part or share of the joint act of sin. Thus, he who enlists as a member of a robber band and acts as their chauffeur or lookout at the time of “hold-ups,” or who fights a duel, or who carries on an obscene dialogue, or listens willingly to obscene talk, is an accomplice. The accomplice is always guilty, but the cooperator may be guiltless.
1508. Kinds of Cooperation.--Divisions of Cooperation according to Different Kinds of Acts.--(a) From the viewpoint of the internal act, cooperation is either formal or material, according as one does or does not intend the sin whose external commission one is aiding. Examples: Caius offers a burglar information as to ways of climbing into a second-story window. Claudius, being covered by a revolver, makes no resistance or outcry while bandits are rifling his employer’s office. Caius is an abettor of crime and a formal cooperator on account of his guilty intent; Claudius aids the commission of burglary, but he is only a material cooperator, since he does not intend what the criminals intend.
(b) From the viewpoint of the external act, cooperation is positive or negative, according as one does something to help the principal agent, or does nothing to impede him. In the examples given above, Caius was a positive, Claudius a negative cooperator. Positive cooperation is given in a moral manner, as when one votes for an unjust law or sentence, or cheers a sinful remark; or in a physical manner, as when one helps bandits to bind and gag their victims, or leaves doors and windows unfastened for the convenience of thieves.
1509. Divisions of Cooperation according to its Degree of Influence.--(a) From the viewpoint of its activity, cooperation is either occasional or effective. By occasional cooperation is understood that which leads another into sin, or allows him to be drawn into sin, but does not assist him to commit sin (e.g., scandalous example, failure to give a fraternal correction or admonition). By effective cooperation is understood assistance given another enabling him to carry out, or to carry out more easily, an act of sin on which he had resolved. As is clear from the explanation given above (see 1506), there is question here only of effective cooperation.
(b) From the viewpoint of its nearness to the act of the principal agent, cooperation is either immediate or mediate, according as one shares in the sinful act of the principal agent, or in some act that preceded or followed it. Thus, he who helps a thief to carry away stolen goods is an immediate cooperator, while he who supplied the thief with necessary keys before the theft, and he who offered refuge to the thief or concealment for the stolen goods after the theft, are mediate cooperators.
(c) From the viewpoint of the dependence on it of what is done, cooperation is either indispensable or not indispensable, according as the principal agent cannot act without it, or can. Example: Balbus supplies intoxicants to Titus and Sempronius, who are intemperate. Titus cannot secure intoxicants except from Balbus; Sempronius can secure them elsewhere. Balbus’ cooperation is indispensable for Titus, but not for Sempronius.
1510. Cooperation is also divided from the viewpoint of responsibility or of the consequences incurred through it, into unjust cooperation and merely unlawful cooperation.
(a) Unjust cooperation is participation in the guilt of an injury done to a third party which involves the duty of restitution or strict reparation. Thus, those who act as “fences” or receivers of stolen goods, cooperate in injustice and are bound to restitution to the rightful owners.
(b) Unlawful cooperation is participation in a sin that contains no injustice to a third party, and that entails only the obligations of repentance and satisfaction, and, if the case requires it, of amends for scandal, proofs of sincerity, avoidance of dangers and submission to penalty. Thus, those who cooperate by marrying illegally, or by providing obscene literature to persons who demand it and insist on having it, are guilty of sin and also fall under various punishments prescribed in law. Cooperation, in so far as it is unjust, will be treated specially under the head of Justice (see Vol. II); here we are concerned with cooperation in general, and as it is a sin against charity.
1511. Formal cooperation is either explicit or implicit. (a) It is explicit, when the end intended by the cooperator (_finis operantis_) is the sin of the principal agent. Examples: Balbus gives incense money to an idolater, because he approves of idolatry and wishes to see idolatrous rites performed. Caius joins an anarchistic society because he agrees with its aims and wishes to help in their fulfillment.
(b) Formal cooperation is implicit, when the cooperator does not directly intend to associate himself with the sin of the principal agent, but the end of the external act (_finis operis_), which for the sake of some advantage or interest the cooperator docs intend, includes from its nature or from circumstances the guilt of the sin of the principal agent. Examples: Balbus detests idolatry, but in order to show courtesy he helps a pagan to burn incense before an idol, or he assists in the repairing of a pagan shrine, though his act is looked on as a sign of worship. Caius joins a freethinking society, not because he likes its principles, but because he wishes to obtain through membership certain social or financial advantages which he cannot obtain in any other way.
1512. Mediate cooperation is also subdivided into proximate and remote. (a) It is proximate or remote by reason of nearness, according as the act of sin will follow closely or otherwise on the act of cooperation. Thus, he who gives a ladder to a burglar cooperates in a remote preparation; he who holds the ladder while the burglar goes up cooperates in a proximate preparation. (b) Mediate cooperation is proximate or remote as to definiteness, according as the preparation points clearly or only vaguely to the commission of sin. Proximate cooperation is an action which, from its nature or circumstances, is regarded as morally connected with the evil action of the principal agent, while remote cooperation is an action that has no such moral connection with the sin that is committed. Thus, he who sells a revolver to a gunman who is preparing for a murder cooperates proximately, while he who sells the materials for this weapon cooperates only remotely. Again, if one sells to a burglar a “jimmy,” a dark lantern, a mask, a revolver, and explosives, the cooperation is definite, since the circumstances indicate that robbery is contemplated. But if one sells a burglar a pair of soft-sounding shoes, the cooperation is indefinite, for the burglar may wish them in order to give no disturbance in his own home, and not in order to attract no attention in the homes of others.
1513. The Sinfulness of Cooperation.--The Sinfulness of Formal Cooperation.--(a) Formal cooperation is always sinful, for it includes the approval of the sin of another and the willing participation in the guilt of that sin.
(b) Formal cooperation is from its nature opposed to charity; for charity disapproves of the sins of others and strives to prevent them, while formal cooperation, on the contrary, approves and assists the sins of others.
(c) Formal cooperation is also opposed to the virtue violated by the sin of the principal agent, in so far as the will of the cooperator delights in or approves of the circumstance of help given to the sin of the other (see 1468). Thus, if one opens the door to a caller whom one suspects to be a burglar and at the same time mentally sympathizes with the act of burglary, one is guilty in will of the act one approves.
(d) Formal cooperation as to its external act is opposed to the virtue violated by the cooperator, when the external act has a malice of its own. Thus, if one swears falsely in order to conceal the presence of a burglar hidden in the house, one is guilty of perjury; if one disobeys the laws of the Church by marrying clandestinely, one is guilty of disobedience; if one scandalizes third parties by cooperating with sin, one is guilty of scandal; if one shares in fraud, one is guilty of injustice, etc. Hence, in confession it does not suffice to say that one has cooperated in sin, but one must also tell the sin committed and the necessary circumstances.
1514. The Sinfulness of Material Cooperation.--(a) Material cooperation, in itself, is sinful; for charity commands that one strive to prevent the sin of another, and much more therefore does it forbid one to help in the sin of another. (b) Material cooperation, in case of great necessity, is not sinful; for charity does not oblige under serious inconvenience to self, and it does not forbid one to cooperate by an indifferent act to prevent a neighbor from committing a greater evil than the evil he has in mind. He who cooperates materially through necessity does not cause sin, but uses his own right, which the bad will of the other abuses and makes an occasion of sin (see 1447 d).
1515. Lawfulness of Material Cooperation.--The conditions necessary in order that material cooperation be lawful are the same as for any other act that has a double result (see 104); for from the cooperation follow two results, one that is bad (viz., the sin of the other person) and one that is good (viz., the avoidance of loss or the retention of good). Two of the conditions required in the principle of double result need not be considered, however, since their presence is manifestly assured by the very fact that the cooperation is merely material. (a) Thus, the condition that the good effect must not be secured through the evil effect is verified; for, if one intends the sin of the other party as a means to the good end, cooperation is formal. Hence, if Balbus helps Claudius to get sinfully drunk, so that Claudius may go to confession the sooner, the cooperation of Balbus in the drunkenness of Claudius is formal. (b) The condition that the evil effect is not intended is also verified; for the very definition of material cooperation excludes the intention of the sin committed by the other party.
1516. Hence, we may confine our attention to the two remaining conditions stated in the principle of double effect, and conclude that material cooperation is lawful when and if the act of the cooperator is itself good or indifferent, and he has a reason sufficiently weighty for permitting the sin of the other party.
1517. The first condition of material cooperation is that the act of the cooperator must be good or at least indifferent; for, if it is evil, the cooperation becomes implicitly formal. But, since it is often difficult to determine in particular instances whether cooperation is intrinsically evil or merely indifferent, one must examine the nature and circumstances of the act.
(a) Thus, according to its nature, an act of cooperation is intrinsically evil, if it has no uses except such as are evil; it is indifferent, if, according to the intention of those who use it, it is now good, now evil. Hence, it is intrinsically wrong to assist in the manufacture or distribution of obscene books or pictures, or of drugs or instruments used exclusively for immoral purposes, since the only use to which such things can be put is sinful. It is also intrinsically wrong to take part even remotely in pagan superstitions, or to give any immediate assistance to an act which from its nature is opposed to the Sixth Commandment. But it is not intrinsically wrong to assist in the manufacture of firearms or poisons, which have many good uses, or to act as bodyguard to a person who fears harm from others.
(b) According to its circumstances, an act of cooperation is evil, if by reason of adjuncts it is wrong, as when it signifies approval of evil, gives scandal to others, endangers the faith or virtue of the cooperator, or violates a law of the Church. Thus, it is not from the nature of the act wrong to invite a pedestrian to ride in one’s car; but it is wrong from the circumstances when the pedestrian asks to be taken to a spot where he intends to commit robbery. It is not wrong intrinsically to work at building a temple; but it is wrong from the circumstances, when this act is regarded by the public as a sign of adherence to a false religion, or when the act causes scandal (see 983). The laws of the Church on mixed marriage or neutral schools afford other examples of cooperation lawful in one set of circumstances, but unlawful in another on account of significance, scandal, danger, etc.
1518. But the circumstance that the cooperator knows for certain that the principal agent will use the cooperation for sinful purposes, or will take scandal to the extent of being strengthened in his evil designs by reason of the assistance given, does not necessarily make cooperation evil.
(a) Thus, the cooperator may know from the declaration of the principal agent just what is to be done, and yet have no will whatever to concur in the evil. Hence, if a person is forced at the point of a revolver to help in robbing his own guests, he knows very well what is being done, but he certainly does not approve of it.
(b) The cooperator may know that scandal will be occasioned by the cooperation, either to the principal agent or to others, but he may have sufficient reasons for permitting it (see 1478, 1482). Thus, if the employee of an undertaking establishment has orders to assist at the funeral of an anarchist, and will lose his means of livelihood if he does not comply, he is not obliged to suffer this great detriment to avoid Pharisaic scandal or even scandal of the weak. But he should, if possible, declare his want of sympathy with anarchy, if he knows of some anarchist present who regards his cooperation as a mark of sympathy for the principles of the deceased.
1519. The second condition for lawful material cooperation is that the cooperator should have a reason sufficiently weighty for permitting the evil connected with his cooperation. The standards for judging whether a reason is sufficiently weighty, are the rules given above on permission of an evil effect (see 105).
(a) Hence, the graver the sin that will be committed, the graver the reason required for cooperation. Thus, a greater reason is required for cooperation in assault than for cooperation in theft.
(b) The nearer the cooperation is to the act of sin, the greater the reason required for cooperation. Thus, he who sells paper to the publisher of obscene books cooperates remotely; he who sets the type or reads the proofs of such books cooperates proximately. A greater reason is necessary for the latter than for the former cooperation.
(c) The greater the dependence of the evil act on one’s cooperation, the greater the reason required for cooperation. Thus, a more serious reason is needed to justify giving intoxicants to a person who abuses liquors, if he is unable to procure them elsewhere, than if he can easily get them from others. But the fact that, if you deny intoxicants or other cooperation, another person will grant what you deny, is not of itself a sufficient reason for cooperation.
(d) The more certain the evil act, the greater the reason required for cooperation. Example: Titus gets drunk frequently, Balbus at intervals. Hence, a greater reason is needed for providing liquor to Titus than to Balbus.
(e) The more obligation one is under to avoid the act of cooperation or to prevent the act of sin, the greater the reason must be for cooperation. Hence, a much greater reason is necessary for lawful cooperation by those who are bound _ex officio_, from piety or justice, to prevent a sin (such as parents, spiritual directors, and policemen) than on the part of those who are not so bound.
1520. Reasons for cooperation correspond in gravity with the importance of the goods or evils involved (see 1163 sqq.).
(a) Hence, a grave reason for cooperation exists when, if one refuses it, a great good will be lost or a great evil incurred. A day’s wages or income is generally a great good; a severe or long-continued pain, great anger of an employer or other superior, things that bring on notable annoyance, shame, repugnance, etc., are examples of great evils.
(b) A very grave reason for cooperation is the gain or retention of a very great good or the avoidance of a very great evil. A notable percentage of the goods of one’s station in life should be considered as a very great good. A severe and long-continued illness, unemployment on the part of the breadearner of a needy family, serious detriment to one’s honor, reputation or peace of mind, etc., are examples of very great evils.
(c) Graver reasons for cooperation are those that surpass the very grave without being supreme, such as the loss of one’s station in life, incurable disease, loss of an eye or other principal member, severe or perpetual imprisonment.
(d) Most grave reasons for cooperation are the public safety of Church or State, loss of all one’s property, death, extreme disgrace, and the like.
1521. When the sin committed by the principal agent is grave, but contains no injustice to a third party, the reasons for cooperation need not be so serious as when the sin is grave and unjust.
(a) Thus, immediate and indispensable cooperation is justified in order to avoid grave loss to self; for example, one may ask absolution from an unworthy minister, in order to recover the state of grace more quickly.
(b) Immediate and not indispensable cooperation, or mediate and indispensable cooperation, is lawful when it is necessary in order to avoid a moderate loss. Examples: One may receive Communion from an unworthy minister in order to make the Easter duty more conveniently. One may supply intoxicants to a drunkard in order to avoid a brawl, if there is no time to call in the strong arm of the law to subdue the drunkard.
(c) Mediate and not indispensable cooperation is justified even by avoidance of a slight loss. Example: A butcher may sell meat on Friday to a cook who will serve it to some persons bound by abstinence, if the cook can easily get the meat from others and the profit will go elsewhere, unless the butcher sells her the meat.
1522. When the sin committed by the principal agent is a grave injustice to a private party, the reasons for cooperation need not be so serious as when the sin is against the public good.
(a) Thus, immediate and indispensable cooperation is permissible, if without it one cannot avoid a loss to self that is both certain and of a higher kind, or at least a greater one of the same kind than that which will be suffered by the injured party; for this latter would be unreasonable, if he expected one to suffer a greater loss in order to spare him. Example: Mercurius, a servant, is threatened with instant death if he does not open a safe of his employer, take from it certain papers, and deliver them to a burglar.
(b) Immediate and not indispensable cooperation, or mediate and indispensable cooperation, is allowed if necessary for the avoidance of an equal loss to self. Examples: The burglar mentioned above can blow open the safe if Mercurius refuses to open it, but, if he is put to this trouble, he will steal from Mercurius valuables comparable to the papers in the safe. Claudius, a servant, opens a backdoor, the only way through which a burglar can enter secretly, because he is taken by surprise, and refusal on his part will inevitably cost him the loss of papers equally as valuable as those the burglar wishes to secure. Sempronius wishes to rob a house, but he cannot get there without the assistance of Caius, a chauffeur. Caius understands the purpose of Sempronius, but, if he refuses to take him to the house, Sempronius will give out information that will do almost as much harm to Caius as the robbery would do to the owner of the house.
(c) Mediate and not indispensable cooperation is justified by the avoidance of a loss to self less than the loss of the injured party, but in proportion to it, Example: Balbus is usually honest, but today he is going out to “fleece” a number of unsuspecting victims, and he gives orders to his servant Titus to get his coat and hat and open the door, and to his chauffeur Caius to drive him to the gambling place. Titus and Caius have an inkling of Balbus’ plans, but no proofs. If they disobey his orders, other servants will do what Balbus asks, the swindling will not be stopped, but Titus will be demoted, and Caius thrown out of the position necessary for his livelihood.
1523. When the sin committed by the principal agent is against some good of a public character, though not against the common safety, still greater reasons are necessary for cooperation than those given above. (a) Thus, immediate and indispensable cooperation is allowed to avoid a greater public evil, or an equal public evil joined with grave loss to self; for it is lawful to permit a lesser in order to escape a greater evil. Thus, the law may tolerate certain evils for the sake of public tranquillity, if the attempt to suppress them would lead to serious disturbances. One may delay to denounce a practice that is doing harm to a family, if an immediate complaint would cause an equal harm to the family and bring on the maker of the complaint a serious evil.
(b) Immediate and not indispensable cooperation, or mediate and indispensable cooperation, is permitted when it is necessary to avoid an equal public evil, or a very serious personal evil proportionate according to prudent judgment to the public harm done. Thus, an actor who has a harmless part in a somewhat evil play may act it for a time, if the company can easily obtain substitutes but he cannot easily obtain other employment and needs his wages. Similarly, the owner of the only theatre in town may rent it to that company in order to be able to refuse it to another company that is worse.
(c) Mediate and not indispensable cooperation may be allowed when there is need of avoiding a grave loss to self which cannot be prevented except by cooperation. Thus, the ushers in the theatre who have no present way of supporting dependents except by the wages they are earning, may help patrons to seats, even when the play that is being shown is not morally unobjectionable.
1524. When the sin committed by another is directed against the necessary public welfare (i.e., against the common safety of Church or State), one may not cooperate, but should resist. In this case: (a) cooperation is unlawful, for there is no greater public good to justify it, and much less can it be justified by private good; (b) resistance should be made, if possible; for the individual should be willing to suffer loss, spoliation, and death itself to conserve the safety of the Church or of the State.
1525. In giving reasons sufficient for cooperation with sins injurious to the sinner alone or to some third party, we considered only the harm or loss to oneself that would result from a refusal to cooperate. But the good of others may also suffice for cooperation.
(a) Thus, the good of the sinner may justify one in cooperating, as when one assists in order to prevent the commission of a greater evil. It would not be wrong to give whisky to one who wished to make himself drunk, if otherwise he would take poisoned alcohol.
(b) The good of a third party may justify cooperation, as when one assists in perpetrating a minor injury against him in order to stop a major injury. It would not be wrong to bind and gag a man who was being robbed, if otherwise a burglar would murder him.
(c) The common good will often be a justifying reason. Thus, in political affairs it is at times necessary in indifferent matters to compromise with opponents, whose general policies one does not approve, in order to secure the election of good citizens or the passing of good laws, when these ends are very important for the general welfare. It is lawful to administer a Sacrament to one who is unworthy in order to avoid a public evil, such as disturbance or scandal among the people.
1526. Lawfulness of Immediate Cooperation.--(a) If one cannot cooperate immediately without performing an act that is intrinsically evil (see 1517), immediate cooperation is, of course, unlawful. Thus, if one helped a trembling assassin to administer poison or to stab or shoot to death the victim, one would be an accomplice in murder; if one assisted a decrepit pagan to burn incense before an idol, one would be an accomplice in false worship. (b) If one can cooperate immediately without performing an act intrinsically evil, immediate cooperation is held lawful by some authorities, but there are others who say that all immediate cooperation is sinful.
1527. Arguments for the Opposing Opinions on Immediate Cooperation.--(a) Those who deny the lawfulness of all immediate cooperation argue that immediate cooperation does not differ from complicity, and hence that it is always intrinsically wrong. If theft is the taking away of goods without the knowledge and consent of the owner, what shall we call the act of a servant who assists a thief by carrying out the family silver to a waiting automobile? The fact that the servant does this to save himself from wounds or death cannot change the moral character of the act, else we shall have to say that the end may justify the means. And what is said of theft, can be said likewise of other species of sin.
(b) Those who affirm the lawfulness of immediate cooperation in certain cases argue that circumstances may take away evil from an act of assistance given to a sinner, so that the act becomes indifferent or good. Thus, theft is the taking away of what belongs to another against the reasonable will of the owner. Now, the owner would be unreasonable if he were unwilling that one should cooperate in removing his goods, if one had to do so in order to protect one’s life, at least if one had not engaged to defend his goods; for one is bound to protect one’s life in preference to the goods of another. If a starving man may take a loaf of bread without the owner’s consent, why may not one save one’s life by assisting a desperate criminal to carry off money? Moreover, it is commonly admitted that a person in great need may lawfully ask a Sacrament from a minister who is unworthy and who will sin by conferring it; that is, one may cooperate immediately with the unworthy administration of a Sacrament and yet be free of guilt on account of the circumstances.
1528. Special Cases of Cooperation.--The cases of cooperation, like those involving scandal, are innumerable, but there are certain cases which occur today more frequently than others, namely, those of cooperation with evil publications, dances, and theatres, and those of the cooperation of merchants, innkeepers, renters, servants, and workingmen. Cooperation in sins against faith and sins against justice are treated in their proper places, but it will be useful here to speak of these other special kinds of cooperation, since they offer many difficulties and a consideration of them now will illustrate the general principles on cooperation just given. However, the following points should be noted:
(a) The application of the definitions and rules about cooperation to particular cases is one of the most difficult tasks of Moral Theology, and hence there will be found great diversity of opinion among theologians on particular points. Space forbids a discussion here of the opposing opinions, and we shall have to content ourselves, in some of the illustrations that follow, with solutions that are likely, but whose opposites are also likely.
(b) The cases that follow are treated according to the principles of cooperation. But frequently in actual life there will be other factors to be considered, such as the occasion of sin to oneself or scandal to others. It should be remembered, then, that when a particular kind of material cooperation is here said to be lawful, this must be understood as abstractly speaking; for in an individual instance there may be circumstances of danger or disedification which would make it unlawful--a thing that often happens.
1529. Formal Cooperation with Evil Reading Matter.--(a) Cases of formal cooperation on account of explicit intention to do harm are those of the managers, editors, ordinary collaborators and authors of periodicals, newspapers, books, etc., which are opposed _ex professo_ to faith and good morals; for these persons are the brains which direct and select what is to be written and published, and the matter they are creating or putting on paper is evil, and has no direct purpose except evil.
(b) Cases of formal cooperation on account of implicit intention to do harm are those of the responsible heads of printing or publishing firms and their printers, who agree to publish such objectionable written matter; of booksellers, owners of newsstands, etc., who agree to sell it; for, as we suppose, these persons understand that the matter in question is intrinsically harmful and gravely forbidden.
1530. Cooperation with evil newspapers and other reading matter is material and lawful if the matter itself is not entirely evil, that is, if it has good uses as well as bad, and one has a reason for cooperation that is just and proportionate to the kind of cooperation. The following are examples of cooperation that may be merely material and lawful:
(a) Moral cooperation is given by writers of good matter who assist as collaborators; by those who offer small notices or advertisements; by readers who use a book, periodical, newspaper, etc., for the good matter it contains and skip the rest. For all these persons contribute in a greater or less degree, according to their influence, reputation, and ability, to the prestige and success of the journal, magazine or volume, with which their names are connected or which they patronize. Reasons sufficient to excuse in these cases, given by some authors, are the following: for a permanent contributor, a very grave reason, such as the need of support for his family which he cannot earn in any other way; for an occasional contributor, a rather grave reason, such as the opportunity of refuting error or of setting forth true principles (see Canon 1386, Sec. 2); for the habitual reader, a reason somewhat grave, such as the advantage of reports useful for his business which cannot be found elsewhere; for the occasional reader, a slight reason, such as entertainment to be derived from reading a good story; for the small advertiser, a slight reason, such as profit in business. Those who by laudatory descriptions in advertisements or book reviews urge others to buy and read evil books are guilty of seduction, rather than cooperation (see 1495).
(b) Financial cooperation is given by those who endow or subsidize a publication, by shareholders, by large advertisers, by subscribers, etc. Reasons considered sufficient in these cases are as follows: for the original providers of capital, only a most grave reason; for the buyers of much stock or advertising space, only a very grave reason; for subscribers, a grave reason such as would suffice for habitual reading.
(c) Material assistance is given by those who produce or distribute a publication and by those who furnish necessary material. Among the producers, the proximate cooperators are, first, the managers of the printing company, and, secondly, the printers, the “readers” and the correctors; the remote cooperators are the typesetters, arrangers of ink and paper, binders, and machine operators. For proximate cooperation it is held that a most grave reason suffices, as when a printer cannot otherwise support himself and his family; for remote cooperation a grave reason is needed. Among the distributors, there are degrees of proximity in cooperation as follows: first, those who put the reading matter into the hands of others (e.g., by keeping it on the tables in their waiting rooms or offices); next, those who keep it for purchasers who may ask for it; finally, those who are employed as keepers of newsstands, newsboys, etc. We cannot think of any reason sufficient to excuse the first kind of cooperation, since there is no lack of good reading matter which doctors, lawyers, barbers, etc,, can provide for those who are waiting in their rooms; for the second kind of cooperation, a very grave reason suffices, such as loss of trade by a poor bookseller, if he would not supply his patrons with popular books or periodicals of a less elevated kind; for the third kind of cooperation, a grave reason suffices.
Among the suppliers are those who sell to the printer his ink, type, machinery, etc. These cooperate only remotely, and it is held that profit is a sufficient reason for their cooperation. This we admit, if the cooperation is not indispensable, but we do not think that profit alone would uniformly justify voluntary cooperation upon which depended the publication of pernicious matter.
1531. Formal Cooperation with Evil Dances or Plays.--(a) Cases of formal cooperation on account of explicit intention to do harm are those of the originators of sinful dances and the writers of indecent plays. (b) Cases of formal cooperation on account of implicit intention to do harm are those of the managements that produce bad shows, organize bad dances, or make the arrangements or issue the invitations for these affairs.
1532. Material Cooperation with Evil Dances or Plays.--Material cooperation is lawful, if the cooperation is not itself intrinsically wrong, and if there is a sufficient reason for permitting it.
(a) Cases of immediate material cooperation are those of players and dancers who have harmless parts in the performance. A very grave reason, such as avoidance of penury, is considered as sufficient excuse here, at least for a time.
(b) Cases of proximate material cooperation are those of musicians or singers, who do not perform lascivious music; of spectators, who show no approval of the evil that is done; of those who buy tickets but do not attend. A more serious reason is required in the musician at the dance than in the musician at the play, for the former directs the dance, while the latter only accompanies the play. Likewise, a more serious reason is required when one attends often, or when one’s patronage is essential to the success of the occasion, than when one attends only rarely, or when the play or dance does not depend on one’s presence or patronage.
(c) Cases of remote material cooperation are those of the owners who rent their theatres or dance-halls or cabarets, of ushers, guards, box-office employees, stage hands, etc. It is held that profit is a sufficient reason to justify the owners in renting their places, if the theatrical company or dance management can readily find other places in case they are sent away. The ushers, guards, and the like are excused, if they cannot easily find other employment; but this does not justify gazing on immodest spectacles or laughing at or applauding obscene jokes.
1533. Formal Cooperation by the Manufacture or Sale of Objects Whose Sole Purpose is Gravely or Venially Sinful.--(a) Cases of explicit cooperation are those of the inventor of contraceptives or of instruments that frustrate generation, of the designers of blasphemous representations or of tablets in honor of false deities, the authors of somewhat profane or irreverent cards, and the like. (b) Cases of implicit cooperation are those of persons who, for profit only, make or sell objects such as those just mentioned, while knowing that the purpose to which they naturally tend is the commission of sin.
1534. Material cooperation by the manufacture or sale of objects that are used for gravely or venially sinful purposes, is lawful under the conditions given in 1515. Hence, in the first place, the cooperation itself must not be intrinsically sinful, that is, the object made or sold must have good as well as evil uses. There are two classes of objects of this kind: (a) there are some objects which may have good uses, but which in fact are nearly always made to serve bad ends (e.g., idols, insignia of forbidden societies, pictures of the nude, ultra-fashionable dress, certain drugs or poisons, blackjacks, and pistol silencers); (b) there are other objects which are indifferent in themselves, although often employed for sinful uses (e.g., dice, playing cards and chips, rouge, lipsticks, necklaces and other feminine adornments, imitation jewelry, adulterated articles, and the like).
1535. The rules about proportionate cause for cooperation by the manufacture or sale of things that are employed in committing sin are those given above in 1519.
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Moral theologyChapter XXXIV: Part II: Special Moral Theology (15)
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