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Key principles of Catholic moral theology


            harmony with authentic Magisterial doctrine. The con-
            demnation by the Magisterium both of rigorism or of
            extreme tutiorism, namely the view, common among the
            Jansenists, that in any doubt, the strictest interpretation
            of the law was always to be followed and also of laxism,
            namely the view, common among the Jesuits, that wher-
            ever there could be the slightest doubt, there was liberty
            to proceed at will (an abuse of the axiom in dubio libertas),
            in effect gave further legitimacy to probabilism. How-
            ever, probabilism always had limits; it could be invoked
            neither in cases of doubts directly affecting either some-
            one’s salvation or, a specific instance of this, the very
            validity of the sacraments, nor in cases where the certain
            rights of third-party innocents were directly involved,
            especially so if it were the right to life itself. In such cases
            prudence required that the safer course (tutior) be fol-
            lowed, that of (moderate) tutiorism. Indeed, this has been
            the effective basis of confirmations by the Magisterium
            that, no matter what opinions there may be about the
            time  of  animation,  deliberate  and  directly  procured
            abortion  is  always  gravely  immoral  and  of  the  major
            development of doctrine that the fruit of human procre-
            ation, from the very time of the formation of the unicel-
            lular zygote, is to be respected and treated as a person,
            with all the rights of the person, including the fundamen-
            tal right to life.2⁸ In other cases of doubts of conscience,
            forms  of  probabilism  are  legitimate,  according  to  the
            constant doctrine of classical moral theology.
               In the present case, it is not sufficient to refer merely
            to the fact that some writers or even bishops judge it to


            2⁸   Cf.  Congregation  for  the  Doctrine  of  the  Faith,  Donum  vitae,
                Introduction,  I,  n.  1;  Id.  Dignitas  personae,  n.  5,  and  as  back-
                ground to this important development of moral doctrine Id. De
                abortu procurato, nn. 12–13 and footnote 19.


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