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CASUISTRY (from the Lat. casus, a poi...

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Originally appearing in Volume V05, Page 487 of the 1911 Encyclopedia Britannica.
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CASUISTRY (from the See also:Lat. casus, a point of See also:law)  , the See also:art of bringing See also:general moral principles to See also:bear on particular actions . It is, in See also:short, applied morality; anybody is a casuist who reflects about his duties and tries to bring them into See also:line with some intelligible moral See also:standard . But morality at different times has worn very different dresses . It has sometimes been thought of as an outward See also:law, sometimes as an inward disposition; and each of these See also:rival conceptions has See also:developed a casuistical method of its own . Believers in law have put their See also:trust in authority or See also:logic; while believers in disposition chiefly look to our instinctive faculties—See also:conscience, See also:common-sense or sentiment . The legal is the older See also:group, and to it the name of casuist is often exclusively reserved, generally with the implication that its methods are too purely technical to commend themselves to mankind at large . But common-sense and See also:con-See also:science are quite as definite guides as logic or authority; and there seems no See also:good See also:reason for refusing to give the name of See also:casuistry to their operations . The casuistry of See also:primitive See also:man is uncompromisingly legal . His morality is not yet separated from his See also:religion; and religion for him means the cult of some See also:superior being—the See also:king or See also:priest of his tribe—whose See also:person is charged with a See also:kind of sacred See also:electricity . " His divinity is a See also:fire,which,under proper restraints, confers endless blessings; but if rashly touched, or allowed to break See also:bounds, it See also:burns or destroys what it touches . Hence the disastrous effects supposed to follow a See also:breach of See also:taboo; the offender has thrust his See also:hand into the divine fire, which shrivels up and consumes him on the spot " (Frazer, The See also:Golden Bough, i . 169) .

Elaborate rules are accordingly See also:

drawn up to secure the maximum of benefit, and the minimum of inconvenience, from this sacred fire; and in the application of these rules does See also:savage casuistry consist . At a higher See also:stage of See also:civilization the See also:god is no longer See also:present in person but issues to his worshippers categorical commands . These logic must seize upon and develop as far as they will go; for the breach of some trifling consequence of a See also:rule might mean the loss of the deity's favour . Hence the rise of sacred books among most Eastern peoples . On the Jewish See also:Decalogue, for instance, follows the law, and on the law the rabbinical See also:schools . Some of these will be stricter, and some laxer; but on the whole all tend to " aggravate " the law—down to the point of forbidding the faithful to See also:wear a See also:girdle, or to kill a noxious See also:insect on the See also:Sabbath . Though indeed we might look nearer See also:home than the See also:Talmud for similar absurdities; most Puritan communities could furnish See also:strange freaks of Sabbatarian casuistry . Nor have the Catholics been one whit behind them . Their scholastic doctors gravely discuss whether—since See also:water is the " See also:matter " of See also:baptism—a soul can be made regenerate by See also:milk, or See also:rose-water or See also:wine . At the opposite See also:pole stood See also:ancient See also:Greece . Here ceremonial 48 6 casuistry found no See also:place, because there were no sacred books . " Among the Greeks See also:writing never attained the See also:consecration of religion .

No See also:

system of See also:doctrine and observance, no manuals containing authoritative rules of morality, were ever transmitted in documentary See also:form . In conduct they shrank from formulae . Unvarying rules petrified See also:action; the need of flexibility, of perpetual See also:adjustment, was strongly See also:felt" (See also:Butcher, The See also:Greek See also:Genius, p . 182) . For this reason their See also:interest in ethical speculations was all the keener; their See also:great thinkers were endlessly engaged in settling what the relation ought to be between See also:duty and self-interest . Ought one to See also:swallow up the other—and, if so, which should prevail ? Or was it possible to patch up a See also:compromise between them ? The great Stoic philosophers took the austerest line, and held that duty should always and everywhere be our only law . But it was one thing to enunciate such magnificent theories in a lecture, and quite another to apply them in the See also:market-place . Casuistry came to the aid of See also:average human nature—that is to say, pupils began to confront the See also:master with hard cases taken from daily See also:life . And more than one master was disposed to make large—even startlingly large—concessions to the exigencies of practice . This See also:concrete See also:side of moral See also:philosophy came specially into See also:evidence when Stoicism was transplanted to See also:Rome .

See also:

Cicero's De Officiis abounds in the kind of question afterwards so warmly discussed by Dr See also:Johnson and his See also:friends . Is it ever right to tell a See also:lie ? May a lawyer defend a client whom he knows to be guilty ? In selling my goods, is it enough not to disguise their shortcomings, or ought I candidly to admit them ? See also:Seneca even made the discussion of such problems into a See also:regular discipline, claiming that their concrete See also:character gave an interest in morality to those who had no love for abstractions; while they prevented those who had from losing. themselves in the clouds . And M . Thamin maintains that, if his heroes did not form great characters, at any See also:rate they taught the See also:Roman See also:child to See also:train its conscience . But, then, Cicero and Seneca took common-sense as their See also:guide . They decided each problem on its merits, looking more to the spirit than to the See also:letter, and often showing a See also:practical sagacity worthy of Johnson himself . Quite in the great See also:doctor's spirit is Cicero's counsel to his son, to hear what the philosophers had to say, but to decide for himself as a man of the See also:world . Such See also:advice could not be grateful to the philosophers themselves—then a definite professional class, not unlike the " spiritual' See also:directors " of a later Rome, who earned their See also:bread by smoothing away the doubts of the scrupulous on all matters intellectual and moral . Their great weapon was their logic; and a logician, as See also:Pascal says, must be very unfortunate or very stupid if he cannot See also:manage to find exceptions to every conceivable rule .

In their hands casuistry became the art of finding such exceptions . From the Greek See also:

sophists they borrowed ingenious ways of playing off one duty against another, or duty in general against self-interest—leaving the doubter in the alternative of neglecting the one and being a See also:knave, or neglecting the other and being a See also:fool . Or else they raised a subtle distinction between the See also:act and the intention . To get drunk for the See also:sake of the drink was the See also:mark of a beast; but wine was a powerful stimulant to the See also:brain, and to fuddle oneself in See also:order to think great thoughts was worthy of a See also:sage . No doubt these See also:airy paradoxes were not always seriously taken; but it is significant that a common Roman See also:proverb identified " philosophizing " (philosophatur) with thinking out some dirty See also:trick . See also:Christianity swept the whole discussion on to a higher See also:plane . All the stress now See also:fell on the disposition, not on the outward act . The good deeds of a just man were a natural consequence of his See also:justice; whereas a See also:bad man was no whit the better, because he now and then deviated into doing right . Actions, in short, were of no See also:account whatever, apart from the character that produced them . " All things are lawful unto me," said St See also:Paul,, but all are not expedient." And St See also:Augustine sums the whole matter up in the famous phrase: " Have charity, and do as See also:thou wilt." Narrow-minded See also:Christian consciences, however, could not stay See also:long on this level; law was so very much more satisfying a guide than vague, elusive charity . And law inplenty was forthcoming, so soon as the See also:Church developed the discipline of public confessions followed by appropriate penances for each See also:fault . At first the whole proceeding was informal and impulsive enough; but by the 7th See also:century it had grown thoroughly stereotyped and formal .

Phoenix-squares

Libri Poenitentiales began to appear—detailed lists of all possible sins, with the forfeit to be exacted from each . As public See also:

penance finally decayed, and auricular See also:confession took its place, these were superseded by the Summae de Poenilentia,—law-books in the strictest sense . These were huge digests of all that popes, See also:councils, primitive fathers had decided on every kind of question pertaining to the See also:confessional—what exactly is a See also:sin, what kind of questions the priests must ask, under what conditions he could give See also:absolution . As such, they were eagerly welcomed by the See also:clergy; for a single See also:magistrate, sitting in See also:secret without See also:appeal, necessarily grasps at whatever will lighten his See also:burden of responsibility . Nor was their complexity a stumbling-See also:block . The See also:medieval mind was only too prone to look on morality as a highly technical art, quite as difficult as See also:medicine or See also:chancery law—a path where wayfaring men were certain to err, with no guide but their unsophisticated conscience . What could they possibly do but cling to their priest with a "See also:blind and unexpressed faith" ? Against this See also:state of things the See also:Reformation was a violent protest . Catholicism increasingly took for granted that a man imperilled his soul by thinking for himself; Protestantism replied that he could certainly lose it, if he See also:left his thinking to another . For it is to the individual conscience that God speaks; through the struggles of the individual conscience He builds up a strong and See also:stable Christian character " A man may be a heretic in the truth," says See also:Milton in his Areopagitica (1644), " if he believes things only because his pastor says so, or the See also:Assembly so determines, without knowing other reason, though his belief be true, yet the very truth he holds becomes his See also:heresy . There is not any burden that some would not gladlier See also:post off to another than the See also:charge and care of their religion . A wealthy man, addicted to his pleasures and his profits, finds religion to be a See also:traffic so entangled, and of so many piddling accounts, that of all mysteries he cannot skill to keep a stock going upon that See also:trade .

What does he therefore but resolve to give over toiling, and find himself some See also:

factor, to whose care and conduct he may commit the whole managing of his religious affairs—some divine of See also:note and estimation that must be . To him he adheres, resigns the whole warehouse of his religion with all the locks and keys into his custody, and indeed makes the very person of that man his religion . So that a man may say his religion is now no more within himself, but is become a dividual moveable, which goes or comes near him, according as that good man frequents the See also:house . " Twelve years after the Areopagitica appeared Pascal's Provincial Letters (1656–1657) . These See also:deal with the casuists of the See also:Counter–Reformation in the spirit of Milton, laying especial stress on the artificiality of their methods and the laxity of their results . Not, of course, that they meant deliberate evil; Pascal expressly credits them with good intentions . But they were drawn, almost to a man, from See also:Italy or See also:Spain, the two countries least alive to the spirit of the Reformation; and most of them were See also:Jesuits, the order that set out to be nothing Protestantism was, and everything that Protestantism was not . Hence they were resolutely opposed to any See also:idea of reform; for to begin making changes in the Church's system would be a tacit See also:admission that See also:Luther had some show of reason on his side . On the other hand, they would certainly lose their hold on the laity, unless some kind of See also:change were made; for many of the Church's rules were obsolete, and others far too severe to impose on the See also:France of See also:Montaigne or even the Spain of Cervantes . Thus caught between two fires the casuists developed a highly ingenious method, not unlike that of the Roman See also:Stoics, for eviscerating the substance of a rule while leaving its See also:shadow carefully intact . The next step was to force the confessors to accept their lax See also:interpretation of the law; and this was accomplished by their famous theory of See also:probabilism—first taught in Spain about 1580 . This made it a See also:grave sin in the priest to refuse absolution, whenever there was some good reason for giving it even when there were other and better reasons for refusing it .

This principle does not deserve all the abuse that has been lavished upon it . It secured uniformity in the confessional, and thereby protected the penitent from the caprices of individual priests; and by depriving these of responsibility, it forced the penitent back on himself . But the gain was more than counterbalanced by the evil . The less the Church could expect from its penitents, the more it was driven to trust to the miraculous efficiency of sacra-See also:

mental See also:grace . Once get a sinner to confession, and the whole See also:work was done . However bad his natural disposition, the magical words of absolution would make him a new man . As for most penitents, all they cared for was to scrape through by the skin of their See also:teeth . Casuistry might insist that it only proposed to See also:fix the minimum of a minimum, and beg them for their soul's sake to aim a little higher . Human nature seldom resists the charms of a fixed standard—least of all when it is applied by a live See also:judge in a visible See also:court . If the priest must be satisfied with little, why be at the trouble of offering more ? For this reason, probabilism found vigorous opponents in See also:Bossuet and other eminent divines; and various of its excesses were condemned by the popes during the latter See also:half of the 17th century . After a long See also:eclipse it was finally re-established, though in a very modified form, by Alfonso See also:Liguori about the See also:middle of the 18th century .

In See also:

Protestant countries casuistry shrank and dwindled, though See also:works on the subject continued to be written both in See also:Germany and See also:England during the 17th century . The best known of the See also:Anglican books is See also:Jeremy See also:Taylor's Ductor Dubitantium (1660) . But the Protestant casuist never pretended to speak authoritatively; all he did was to give his reasons, and leave the decision to the conscience of his readers . " In all this discourse," says See also:Bishop See also:Sanderson, one of the best of the See also:English writers, " I take it upon me not to write edicts, but to give my advice." Very soon, however, these See also:relics of casuistry were swept away by the rising See also:tide of common-sense . The 18th century loved to discuss hard cases of conscience, as a very cursory glance at See also:Fielding's novels (1742–1751) or Boswelll's Life of Johnson (1i91) will show . But the See also:age was incurably, suspicious of attempts to deal with such difficulties on any kind of technical system . See also:Pope was never tired' of girding at " Morality by her false guardians drawn, See also:Chicane in furs, and casuistry in See also:lawn "; while Fielding has embodied the popular conception of a casuist in See also:Parson Thwackum and Philosopher Square, both of whom only take to See also:argument when they want to reason themselves out of some obvious duty . Still more outspoken is the Savoyard See also:vicar in the Emile (1762) of See also:Jean Jacques See also:Rousseau: " Whence do I get my rules of action ? I find them in my See also:heart . All I feel to be good is good; all I feel to be evil is evil . Conscience is the best of casuists; it is only when men wish to cheat it that they See also:fly to logical quibbles." Extravagant as this sentiment sounds, it paved the way to better things . The great See also:object of 17th-century moralists had been to find some general principle from which the whole of See also:ethics could be deduced; common-sense, by turning its back on abstract principles of every kind, forced the philosophers to come down to the solid See also:earth, and start by inquiring how the world does make up its mind in fact .

During the last two centuries See also:

deduction has gone steadily out, and See also:psychology come in . Ethics have become more distinctively a science, instead of an awkward hybrid between a science and an art; their business has been to investigate what moral conduct is, not to See also:lay down the law as to what it ought to be . Hence they deliberately refuse to engage in casuistry of the old-fashioned sort . Further, it is increasingly felt that ethical judgments do not depend on reason alone, but involve every See also:element in our character; and that the real problem of practical morality is to establish a harmonious See also:balance between the intelligence and the feelings —to make a man's " I think this is right " correspond with his " I feel that it is so." Whether systematic training can do anything to make the attainment of this balance easier is a question that has lately engaged the See also:attention of many educational reformers; and whatever future casuistry may still have before it would seem to lie along the lines indicated by them . There is'an excellent study of the ancient casuists by M . See also:Raymond 'Thamin, Un Probleme moral dans l'antiquite (See also:Paris, 1884) . For the Roman See also:Catholic casuists see Dellinger and See also:Reusch, Moralstreitsgkeiten See also:im siebzehnten Jahrhundert (2 vols., N6rdlingen, 1889), and various articles (" Casuistik," " Ethik," " Moralsysteme," &c.) in Wetzer and Welte's Kirchenlexicon (See also:Freiburg, 1880-1896) . See also the See also:editions of Pascal's Provincial Letters, by See also:John de Soyres (with English notes, See also:Cambridge, 1880), and A . See also:Molinier (2 vols., Paris, 1891) . The Anglican casuists are discussed in See also:Whewell, Lectures on Moral Philosophy (See also:London, 1862) . For general reflections on the subject see the appendix to See also:Jowett's edition of'the See also:Epistle to the See also:Romans (London, 1855) . Most See also:modern See also:text-books on ethics devote some attention to the matter—notably F .

H . See also:

Bradley in his Ethical Studies (London, 1876) . See also See also:Hastings Rashdall, Theory of Good and Evil (2 vols., See also:Oxford, 1907) . (ST .

End of Article: CASUISTRY (from the Lat. casus, a point of law)
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