(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.
(a) Hence, the greater the sin that will be committed or the more harmful the consequences that will ensue from the use of an object, the greater the reason required for making, repairing or selling it. In some instances only a most grave reason will excuse, such as peril of instant death for refusal. Thus, one may not sell poison or drugs to a person who contemplates suicide, murder, or abortion. One may not sell narcotics to a person who asks for them in good faith and who cannot obtain them elsewhere, but who will become a drug-fiend if they are given him. One may not sell morphine, heroin, etc., to a person who is already a drug-addict and who will abuse the drugs, unless there is a very grave reason for not refusing, such as danger that refusal will lead him to set fire to the building. If one has all the playing cards in some remote hamlet, one should not sell them without grave reason to a customer who will spend a great part of the time at games to the neglect of serious duties, nor without a very grave reason to a customer who is a card sharper and who will swindle many innocent victims, or to a gambler who will waste the money due to his wife and family.
(b) The more closely related an object is with sinful uses, the graver must be the excuse for having part in its manufacture or sale. Thus, an ordinary reason (e.g., profit) might suffice for selling a lamb to a pagan or attractive ornaments of dress to a woman, where only a very grave or most grave reason would suffice for selling incense to a pagan or ornaments that are frequently used as amulets or charms. Generally speaking, it is seriously wrong and gravely sinful to make or sell articles whose ordinary use is gravely sinful.
(c) The more a customer depends on a determinate manufacturer or merchant to obtain such an object, the more serious must be the reason for making or selling it. Thus, a grave reason, such as a notable loss, is sufficient reason for selling a special fancy apparel to a notorious “vampire” (i.e., a woman who carries on scandalous flirtations in order to get presents), if the adornments can be obtained from other dressmakers or modistes or stores; but a much graver reason would be required, if the apparel could not be purchased except at one place. In the former case, refusal to sell would not prevent the activities of this woman; in the latter case, it would at least hinder her to some extent.
(d) The more certain it is that an object will be employed sinfully, the greater must be the reason for making, repairing or selling it. Examples: Sempronius, a curio dealer, is asked by three men for a statue of Joss along with joss-sticks and papers. The first customer says he intends to use these articles for religious rites; the second will not tell what his purpose is; the third wishes to present the articles to a museum. Sempronius may not sell to the first customer except for a most grave reason, such as fear of death if he refuses; he may not sell to the second customer without a very great reason, such as a very considerable loss to himself; he may sell to the third customer for an ordinary reason, such as the profit he makes from the sale. Titus, who sells firearms, knows that some of his customers, though he has no particular individuals in mind, will use these weapons unlawfully in poaching or shooting out of season. Since evil is not to be presumed of any particular individual, Titus has the right to sell to all for the usual reason of business profit.
1536. Is a merchant bound to inquire the use which a customer will make of an article that is often employed for sin?
(a) If the positive law requires that the merchant inform himself, he is bound to make inquiries necessary for obtaining the information. Thus, if the civil law forbids the sale of weapons without a permit or of poisons without a prescription, the merchant has to ask for the customer’s authorization to buy.
(b) If the positive law has no such regulation, we should distinguish between articles that are frequently used for sin and articles that are generally used for sin. When an article of the former class is requested, there is no obligation to make inquiries, for such an obligation would be unduly burdensome; but, if an article of the latter class is desired, one should make inquiries, unless one is morally certain that the intention of the customer is good, or there is a very grave reason for seeking no information. Thus, one may sell a deck of cards to a stranger without asking for proofs that he is not a confidence man in disguise; but one may not sell deadly poison to an entire stranger merely on the strength of his word that he needs it for medical or other lawful purposes.
1537. Sinful Cooperation in Providers of Food and Drink.—(a) There is explicit formal cooperation with sins of gluttony, drunkenness, violation of fast or abstinence, whenever one gladly supplies the means for these sins to those who are about to commit them. Thus, if a host supplies a guest who is overdrinking with all the intoxicants the latter desires, and secretly wishes that the guest may make himself drunk, there is explicit cooperation. There is implicit formal cooperation when he who supplies the food or drink does not directly intend evil, but when the act of giving the food or drink is from the circumstances of the case an evil act, as when a person is given a meal which will not agree with him and will make him sick or aggravate a malady, or when a person who wishes to violate a fast ostentatiously to show contempt is furnished with the eatables he asks for. (b) There is unlawful material cooperation when one does not approve of the sin that will be committed, but nevertheless without sufficient reason supplies the food or drink. Thus, there is sinful cooperation when a restaurant owner gives meat on Friday to one not dispensed, for no other reason than the profit he himself will make.
1538. Material cooperation in providing food or drink to those who ask it, but have no right to take it, is lawful when one has the right to provide the food or drink, and there is a sufficient reason for cooperation. The sufficiency of the reason depends on circumstances, as explained in 1519.
(a) Hence, a greater reason is required when the sin that the other person will commit will be greater. Thus, a grave reason, such as indignation of a customer, might suffice for cooperation with a venial violation of temperance or abstinence; but a graver reason, such as a serious quarrel, is required if the violation will be mortally sinful. A graver reason is also necessary when the consequences will be more harmful (e.g., the fights of the drunkard, or the serious illness of one who has neglected his diet) than when they are less harmful (e.g., the foolish talk of the drunkard, or the stupefaction of the glutton).
(b) A greater reason is required when the cooperation is closer. Thus, in supplying meat the butcher cooperates only remotely, while the cook who prepares it and the waiter who serves it cooperate proximately.
(c) A greater reason is necessary when one’s cooperation is essential to the commission of the sin. Thus, in a large town where there are many restaurants, the fact that a customer would quarrel if denied meat on a day of abstinence would excuse cooperation, whereas in a small village which has only one eating place, it seems there should be a more serious reason, such as blasphemies or boycott or strike against one’s business which the refusal of meat might evoke.
(d) A greater reason is called for when the sin of the other person is more certain to follow. Thus, a restaurant-keeper who is patronized by strangers of all kinds, temperate and intemperate, Catholic and non-Catholic, may serve wine at meals, where this is allowed, and provide meat on days of abstinence for all comers; for the diners are not known to him, and it would not be possible for him to inform himself whether they are sober in their habits or exempted from the law of abstinence. But in a boarding house the landlady should not consent to have strong beverages on the table, when she knows that some of those present will thereby become intoxicated; neither should she agree to provide meat on Fridays for a Catholic who is not excused from abstinence, unless there is a serious reason, such as the loss of this boarder which she cannot afford on account of her poverty. Moreover, since dispensation is given from the laws of fast and abstinence but not from the law of temperance, there is less certainty about the intent to sin when one asks for meat on Friday than when one asks for a great quantity of liquor to be brought to one’s table. Drunkenness is also more certain when a person who asks for drink is already somewhat under its influence.
1539. The sins with which one cooperates by supplying food or drink to others who have no right to it are more or less serious according as they violate the natural law or only positive human law.
(a) Thus, violation of fast and abstinence is opposed to the natural law when it is intended as a manifestation of hatred of religion. One may not cooperate with a violation of fast and abstinence which is manifestly of this character.
(b) Violation of temperance is also opposed to natural law, and doubly so when it leads to such evils as quarrels, fights, murders, blasphemies, etc. It is not lawful to cooperate with intemperance, unless this is necessary in order to prevent the commission of a greater sin by the other person, or a serious loss to oneself. Thus, it is not unlawful to supply whisky to a burglar who wishes to get drunk, if this is the only way one can prevent the robbery of a third party or serious injury to oneself.
(c) Violation of a fast or abstinence in itself is opposed only to positive law; and, since fasting is more difficult than abstinence, one is more easily excused from the observance of the former than from that of the latter. Hence, if there is a doubt whether a customer has a right to receive the food or drink he asks for, a restaurant-keeper can decide more readily in the customer’s favor if there is question of fast or abstinence than if there is question of intemperance, and more readily still if there is question of fast than if there is question of abstinence. Generally speaking, a restaurant-keeper may supply meat on Friday to all who ask it, provided he has other substantial food indicated on his bill of fare and shows himself willing to serve that as well as meat.
1540. Renting of Houses or Rooms and cooperation in Sin.—(a) He who rents to persons who wish to carry on disorderly, immoral, idolatrous, unlawful, or other sinful occupations or practices, is guilty of formal or unlawful material cooperation, if he approves of the conduct of the renters or has no sufficient reason for renting to them. The same is true if in a similar way one permits persons bent on evil (e.g., pickpockets) to lounge in one’s offices, hotels, etc.
(b) He who gives the use of his house, room, hall, field, etc., to persons who will employ them for evil, is only a material and not a guilty cooperator, if there is no prohibition of his act, and he has a sufficient reason for it.
1541. Examples of reasons sufficient for cooperation in renting are as follows:
(a) A very grave reason.—In civitatibus in quibus majoris mali vitandi causa permissum est, licet locare domum meretricibus, dummodo non sequatur grave nocumentum vicinis honestis vel major ansa peccandi ob domus situm, et adsit ratio proportionate gravis, utputa quod alii locatorii non adsint, dominus notabile damnum patiatur si domus non occupetur, et meretrices facile alium locatarium obtinere possint. Hodie vero quum constet meretrices plerasque invite vitam turpem exercere (white slavery) et morbis pessimis morteque praematura affligi, meretricium vero nocumentum multigenum bono publico (the social evil) inferre, omnis vir probus abhorrebit a pretio locario ab administratoribus lupanarium oblato.
(b) A more grave reason.—Meetings whose purpose is contrary to the common good (e.g., anti-religious gatherings), even though permitted by civil law, should not be given the use of one’s premises except in a rare case of the greatest necessity.
1542. Unlawful Cooperation of Servants, Employees, and Workingmen.—(a) Cooperation is formal if these intend the sin of their employer with which they cooperate, or if the act of cooperation is itself intrinsically evil. Thus, a bookkeeper does no wrong in merely keeping a record of receipts and expenses; but, if he notices many instances of great frauds and injustices done by his firm and keeps at his post in order that dishonesty may be covered up and continued, he becomes a formal cooperator. But a bookkeeper who falsifies or destroys records in order that his business may be able to issue an incorrect statement of its financial condition is involved in its guilt, even though his motive is pity or loyalty. Other examples of formal cooperation are those of a secretary who takes down dictation which contains blasphemous or obscene expressions, and of a taxi-driver who tells his passengers how to get to gambling dens, or who helps a criminal to get away by driving him through dark streets.
(b) Cooperation is material and unlawful, when the intention and the act itself are not evil, but when there is no sufficient reason for the cooperation. Thus, the following proposition was condemned by Innocent XI in 1679 as scandalous and pernicious: “Famulus qui submissis humeris scienter adjuvat herum suum ascendere per fenestras ad stuprandam virginem, et multoties eidem subservit deferendo scalam, aperiendo januam, aut quid simile cooperando, non peccat mortaliter, si id faciat metu notabilis detrimenti, puta ne a domino male tractetur, ne torvis oculis aspiciatur, ne domo expellatur” (Denzinger, n. 1201). Though the acts of cooperation of the servant here mentioned are not intrinsically evil, the cooperation is proximate and positive and habitual, and the wrong done so serious that only a most grave reason, such as fear of death, could justify the help given by the servant to his master.
1543. Lawful Cooperation of Servants, Workingmen, or Employees.—(a) If cooperation is remote and is not indispensable to the sin to be committed, the mere fact that one is employed by the principal cause will excuse; for the employee is not supposed to question the employer about the reasons of orders given, and he is not responsible for the intentions of the employer, but for the performance of what is assigned to himself. Hence, the following kinds of cooperation are held permissible for no other reason than that of service: carrying liquor or food to an employer who wishes to make himself drunk or to break the fast, buying and carrying to him papers which he should not read, giving him his hat and coat or getting his car ready as he starts out to attack an enemy, opening the door to a slanderer whom the mistress of the house wishes to employ. Also, a public taxi-driver may take his patrons to clubs or road-houses where they will become intoxicated, if he is in no way responsible for their intention and shows no approval of it, and they can go just as well without him.
(b) If cooperation is proximate, the mere fact that one is employed is not sufficient as an excuse for cooperation; there must be some other reason that is sufficiently weighty in view of the gravity of the sin and the other circumstances. Thus, to drive one’s employer to the place where he is to receive stolen valuables is justifiable, if one is under threat of great bodily harm if one refuses. Item ob incommodum gravius evitandum permittitur famulo deferre litteras heri amatorias ad amasiam cum qua illicitum commercium habet, tempus et locum conveniendi amasiae nuntiare, excubias agere dum simul adsint. But a servant who is called on habitually to cooperate in these ways should secure another position, if possible.
1544. The principles given as to servants should be applied likewise to other persons who are subordinates, with due allowance made for the difference of circumstances.
(a) Thus, children, wives, pupils, etc., may be less excusable in cooperation than servants, since the former may be in a better position to remonstrate against what is ordered. Hence, if the master of the house who sometimes goes on a spree orders a servant to bring him his demijohn, disobedience might be more difficult than if the same order was given the wife.
(b) Children, wives, pupils, etc., may be more excusable, since unlike the servants they may be unable to go elsewhere. Those who agree to work at places known as vicious resorts, or who let their employer understand that they will not see or hear many things, or who habitually perform services proximately related to sin (what is called “dirty work”), are guilty of formal cooperation, at least when they can secure good employment elsewhere. Children, on the contrary, may be so dependent on a tyrannical father that they cannot refuse cooperation without serious consequences to themselves.
1545. Duties of Confessors.—Instruction should be given to penitents who are guilty of sinful cooperation. (a) The confessor should instruct ignorant penitents on the sinfulness of their cooperation, when there is a duty of justice to do this, as when the penitents ask to be instructed; or when there is a duty of charity, as when the sinfulness of the cooperation in question is known to many persons, or the penitents by reason of cooperation are giving great scandal or are in serious danger. (b) The confessor should not instruct ignorant penitents on the sinfulness of their cooperation—at least, not for a time—if they are in good faith and if graver evils would result from the instruction than from silence.
1546. Obligations to be Imposed on Penitents on Account of Sinful cooperation.—(a) Some cases of cooperation cause the culprit to fall under ecclesiastical penalties, for example, those who act as seconds or spectators at duels (Canon 2351). (b) Some cases entail a duty of reparation for scandal given, as when one has aided the diffusion of irreligious or obscene literature or whisperings among the people. (c) Some kinds of cooperation include dangerous occasions of sin which one is bound to avoid, as when one works for a man who produces adulterated wares or gets money under false pretenses.