Free Thought 1914/3
Modern civil law and Catholic-Christian morality?
Dr. Ferenc Jehlicska, who wants to break his suppressed political ambitions in the scientific world, has written a book entitled “In view of our forthcoming code”.
This latest intersection of science does not mean blood refreshment. Even today, Jehlicska sees the relation of science to morality in the conception of scientia ancilla theologiae. Nor can it be surprised by the almost revolutionary voice in which theology, he calls morality this time, makes him, in principle, his reviewer, the judge of the validity of all itemized laws. He teaches the common people, quoting St. Paul: He who opposes power is against God's order. It is necessary for you to obey, not only because of punishment, but also for conscience. And Stahlt quotes, "the ultimate cause of the binding authority of law is to be found in the world order of God." But this position is only for ordinary uses, for rarer cases secular law is not binding if ν does not win the approval of the church. "Secular law is binding only in conscience if it can be said to be true law." (23. 1.) The «healer, therefore, places himself above the secular legislature and, by his will, accepts as binding the law which he considers appropriate, and denies the validity of the inappropriate laws. With this position, the church, even going beyond socialism, has entered the atmosphere of the ideas of anarchism. Only the church and anarchism go so far as to deny in principle the legitimacy of the law, validity and binding force.
The Church is happy to build on the right to override the higher morality of the Church. There is such a belief within us that this higher morality, even if it exists, in practice, fades and dries in the hands of weak people.
Judging by the book of Jehlicska, the church has no superiority over secular law at this title either. Many times, civil law is ethically superior to the morals and natural law of theologians. Jehlicska’s book provides an excellent opportunity for comparison; “Sub hoc signo” the book is a very interesting read. It does not extend to legal explanations; the mistake or two that was still made is the indiscriminate rejection of the layman, to whom criticism attaches neither importance nor weight. The following are some examples of comparisons.
The draft states that the worker may not waive the right to be provided with adequate protective equipment in the workshop. According to Jehlicska: "Under pure natural law, a worker could waive this right when concluding a contract." (33. 1.) Jehlicska endorses the provision of the Draft in favor of the worker, which is clear by the fact that she herself recognizes that civil law is more ethically superior to natural law. But you don’t have to take this resolution too seriously because the next page is about explosions and more about accidents, it reads: “Christian morality and natural law, perfected by morality, in such a case do not oblige us to pay compensation in the name of justice ... Christian morality makes such a catastrophe an accident, an accident.
considers the consequences to be patient with the person he understands. . . Christian morality does not oblige him (the manufacturer) to restitution; for for the sake of secular law he cannot disregard
the essential conditions of moral responsibility and the obligation to pay compensation. (Sic! 34. 1.) And finally, to put on the crown, he writes:
»Generally, if we were required by law to pay damages under a law that we certainly did not cause, we would not normally have a moral obligation to restitute despite the court's judgment and, if forced to do so by force, would have had to make secret compensation (under certain conditions B. ) to make this unjust judgment illusory ’. (P. 38) The first link in the line of thought starts quite encouragingly: at the cost of giving up natural rights, it also approves of the invalidity of a worker’s resignation. It is this item, the value of which would be given by the sanetio attached to it, and that the sanction would be removed by Jehlicska when he proclaims exemption from compensation as a second link. On the other hand, the immunity is no longer seen as the invalidity of the waiver, and here it also gives the sanction: even if the judge is obliged under civil law - he has the right to “make the judgment“ illusorius ”. Worker-friendly, but without a conceit, on the other hand, the most far-reaching liberal, against workers, in any claim for compensation from workers.
For the sake of the illegitimate child and his mother, ecclesiastical law has given humane rules, proud Jehlicska, and to have greater faith in his word, he refers to Menger’s words. But still this nor does the attestatum eliminate the two-bottle nature of the church. The Church fears the sanctity of marriage in favor of the illegitimate child, but would still be pleased with its humanism. He notes that the infamous rigor of the Code has not boosted but eroded morality, but it is clear that the total illegality of the illegitimate child has not been a deterrent, trusts that the relaxed release of the draconian severity of total lawlessness “the depressed position of the illegitimate child wants to be a constant rebuke and a deterrent to illicit sexual intercourse”. (142. 1.)
And in relation to the woman, she is in a position that is directly in line with the Code of Civil Ideas. “If the woman has consented to the sin, the situation is different. With regard to the woman herself, theologians oblige the man to do nothing; the sinful woman must bear the consequences of her lightness, ”writes Jehlicska (149.1) and continues with a Latin quote:“ fornicator, quia peccatum consentienti virgíne committit nihil tenetur erga virginem quia volenti et consentienti nulla irrogátur iniuria! ” There is even a vague passage in this chapter. “A man who is burdened only by the suspicion of paternity, however, is certainly not the father of the child if the latter has not been proved and this Section 226. secretly indemnify himself if he can at the expense of the person who is forced to pay instead ”. (151. 1.) I do if this other has a wife. . . but it would not be good to continue this. Or how he envisioned secret compensation at the expense of the other. This secret indemnity is permitted under ecclesiastical law anyway: a woman may also secretly indemnify herself for her maintenance claim according to a Latin quote: “potest sustentationem sibi clam surri pere”. (77. 1.) As in the case of the old Spaniards, is it a decretion of the right to free theft?
Similarly, ecclesiastical law is more morally inferior to civil law than it is civil law. "The state can tolerate toy caves like brothels." This is his starting point, to which is then stylistically attached the statement that if secular law merely declares the game forbidden, the winning party can claim and retain the profit without sin (which is not judged by civil law). (270. 1.) Among the turpis causa, the phenomenon that ecclesiastical law approbates something from which civil law refuses judicial assistance for moral reasons is repeated. In this case (when the contracting party has committed the offense), the moral teachers oblige the other party to give the promised wage and authorize the person who performed the guilty service to claim the stipulated wage. and keep it. (274. 1.) However, he considered it good to moderate this item a little in the case of cases that violate the Criminal Code, “then there is no need to urge the payment of wages” (there.) But even here he does not say that he does not , just that “there is no need to urge”. Under ecclesiastical law, therefore, the murderer can claim the agreed fee for his handiwork with full right, and only the etiquette of ecclesiastical law restricts the murderer from having to urge him not to pay wages.
Let's continue the series. The giver, if he later becomes distressed, may reclaim the gift under the Draft; natural law does not recognize the withdrawal of a gift and thus does not give a legal claim to the needy giver, it merely obliges the gifted person to help in the name of non-coercive “love”. (387. 1.) Recent legal developments increasingly emphasize the theorem that the injured party himself is obliged to do everything possible to prevent and degrade the damage and cannot stand by and watch the damage. Social solidarity, the morality of the new world, emerges from this proposition. According to Jehlicska, reparation is also not a legal obligation, only the guidance of love (304.1) and draws the most extreme consequence of this position so much that “if the civil court were to disregard part of the damage, it could secretly compensate itself after the judgment if possible. . " (300 1.)
Jehlicska's position on the level of wages is very interesting. It is a question of whether the worker's wage is a 'family wage' from which the worker can support his family and raise his children.
He quotes his work from Genic (a quote is always at hand): “There is equality between the work of a worker and the support of a worker. But equality between the work of a worker and the support of several people is difficult to construct. In addition, the worker's duty to support himself is absolute, the family's duty to maintain is only half-hearted, only: in the case of a family, a foundation to which a person individually is not obliged. However, in the night of mutual truth, family wages cannot be demanded. ” Legal justice (as opposed to mutual justice with coercive means a truth of a lower kind, in the absence of means of power, is required of the employer to pay wages at that time, but if he did not do so, restitution could not be imposed.) (394. 1.) Wonderful, that there is a man who
he prints this as a serious opinion in a book, and it is even more wonderful to have another who consider this naivety, to which not even authorial vanity is bound, to be right and good. Moreover, it hardly seems that the worker is denied the right to a certain share of the profits in principle (395. 1.) and the woman does not consider her lower wages to be unfair. (396. 1.) However, he falls entirely into vulgar thinking when he undermines the protection of employers: “many workers, while constantly asserting their rights, forget their duties” (400.1.) Examples could be continued. But so far, the only item that was worth browsing through the 500-page book for t was confirmed. i. the morality of theology vis-à-vis secular morality is not that it is of a higher order, more satisfying of ethical principles, but that secular morality is also above the preaching of theology in a purely moral realm.
In the congregation of new believers
In a poor room, among wooden benches, heavy-smelling people and sick, colorless women praise Jesus in drawn-throated religious songs.
This is not a church image, but a congregation of new believers. The church has an ornate tabernacle, many sacred images, electric lighting and an indifferent priest. The new believer has only faith. The priest I saw was just a priest in the evening and tearing his clothes, shouting in an embarrassing voice that the world could be redeemed by fire and blood. . . I never imagined a man more shocking and pious than this priest. All of a sudden, a thousand wrinkles appeared on his face, as if all the problems in the world had run there. Then, suddenly, heavenly serenity engulfed him and in a roaring voice, then hoarsely and crying, beating the bench and falling on the bench, he shouted many times in a row: The world can only be changed by fire and blood. . . He jumped up and whimpered and asked his followers to help because he couldn't stand it alone anymore. At this the whole congregation cried out with him, growled, cried: The world can only be redeemed by fire and blood. . . When their throats were tired, they began to clap and whimpered, whispering softly: The world is just fire and. blood can redeem ...
A long-haired woman stood up, her forehead and nose stood out of a bulge, screaming and announcing that she had believed from a pure heart since September that the world could only be redeemed by fire and blood. He sat down. The others shuddered: only fire and blood could redeem it ...
A dead, young girl stood up, turned her exhausted face toward me, and her eyes hung over me in the distance and testified in a low, fearful voice that the world could only be changed by fire and blood. He asked the congregation if there was anyone who didn’t believe, get in now. Then they bowed down, and covered their faces, and, as it were, asked for salvation through my unbelief, and trembled with words :; only fire and blood can redeem it. . .
This sad church is part of social movements. Ε many sad people were torn from the great standing camp, the standing camp of the people in the machinery, just like the other moving swarms. Their mood attracted them to where faith is more shocking, because there they can turn the severe plagues of life: sickness and poverty into self-torture. Once upon a time, entire populations chose this solution. The sick and the poor created the religious renewals that squeezed human life under stricter commands. The poor and the sick wanted to be more perfect because they thought that if they were more perfect, so would the world. Over time, this perception proved to be false, and the poor who understood the newer methods differed from the old, which remained for the weaker-minded. Today, those who are unable to navigate the web of earthly life and because of their grief will know a remedy for all the troubles of life: the salvation of the world.
However, religious renewal will never again be a mass movement. Its powers are shrinking due to scientific movements. The scientific movement is based on knowledge, for example, that poverty can be better ameliorated by trade union consolidation than by religious belief. Religious renewal has become a social movement of fallen, sick, flabby people. New believers who are able to leave the ancestor and choose the more oppressive and simpler: the independent soldiers of religiosity. Religious radicalists, who are forced by mental reason, intellectual disposition to mix a factor living behind clouds into their affairs. These people, by straining more sincere believers than religious people and their abilities, came to the foolishness that filled their souls that the world could only be redeemed by fire and blood.
Such will be the last religious congregation. The masses will then leave their temples as soon as they can do so without pain. A religious person is basically a healthy person. Today, though he is very careful to follow the rules he inherited from his ancestors, if he comes to more human rules, which he can call just as ceremoniously as the heavens, he will break away from the old rules. But the priest who was the head of the new believers, though born thousands of years from now, will run herself in haste, climb up the tower of a surviving temple, and from there will distort with a distorted face, rhyming and sobbing that the world can only be redeemed by fire and blood.
The Galileo Circle
The momentum of the month of February was occupied by the action launched in the case of student misery, described. The movement in the Circle has been around for half a year. prepares. His plan at first was to do the movement together with the university in order to succeed, but as it became clear, a mountain of. the rector wants to postpone or even make it impossible to hold a student meeting with formal details, he invited the university students to a general meeting announced in the Great Hall of the Social Science Society. The call included the points issued by the Galilee Circle entitled “Student Desires” and signed by 2,500 students. The room was packed to capacity. A striking number of female students appeared among those present. The meeting was attended by Béla Ruttkay-Nedeczky, President of the Galilee Circle, dr. opened, pointing out that among the student associations, it is only the Galilee Circle that is the student 's cultural and. he cares about his economic situation and can thus see himself as representing the student body. Imre Csécsy described the theoretical foundations of the movement. Borbála Ripper, presented the motion for a resolution. They also talked about Artúr Dukesz about the role of the university, Antal Neumann about the helping associations and Imre Kádár about the economic and gender misery of the students. On behalf of the assembly, a delegation of 40 members visited all university professors to seek their views on the movement. The large material of the questionnaire is being processed. The Circle will try to successfully complete its action through the daily press, a memorandum to the university and the council of the capital, a joint questionnaire with teachers, and if it fails to do so, by other means. During the snow, a lecture was given in the medical student department by Hugó Rohonyi dr. assistant professor: In the Department of Physiological Currents, in the humanities department, Pál Dienes dr. university m. teacher about Bergson. The Free School of Social Sciences also began operations during the month of February. In addition, Károly Polányi dr. gave a lecture entitled New Worldview.
Károly Pólanyi is responsible for editing
Original Publication: Szabadgondolat, 4.3, March 1914
|FR||Libre Pensée 1914/3|
|ES||El Pensamiento Libre 1914/3|