Laws, Rules, Maxims, Principles & Natural Law Norms Continued

Law Highest expression of norm for action Highest expression of norm for action Commonly understood: Commonly understood: Guide / directive for action Guide / directive for action Specific meaning: Specific meaning: “judgment of lawmaker about means necessary for common good.” “judgment of lawmaker about means necessary for common good.”

Requirements of Law Lawmaker Lawmaker Specific directive of action Specific directive of action Consideration of common good Consideration of common good Specific group of people for whom law is intended Specific group of people for whom law is intended obligation obligation

Lawmakers God’s Law God’s Law Eternal law Eternal law Bible & sacred texts Bible & sacred texts Church law, Code of Canon Law Church law, Code of Canon Law Human Law Human Law Legislators (federal, provincial, municipal) Legislators (federal, provincial, municipal)

Law itself – a specific directive Tells how the subjects of law are to act Tells how the subjects of law are to act Laws cover: Laws cover: Property, housing, food safety, economic life, criminal justice, transportation Property, housing, food safety, economic life, criminal justice, transportation Church (canon) law: Church (canon) law: Customs & decrees of Church, celebration of sacraments, administration of material goods, sanctions Customs & decrees of Church, celebration of sacraments, administration of material goods, sanctions

Common Good IS NOT the sum total of material goods of a society IS NOT the sum total of material goods of a society Refers to the general well-being of ALL IN SOCIETY Refers to the general well-being of ALL IN SOCIETY Includes: Includes: Peace, security, protection of law, good order Peace, security, protection of law, good order Seeks to meet the needs of all protecting the freedom of all Seeks to meet the needs of all protecting the freedom of all

Specific Group Laws address those who participate in the institutions of society Laws address those who participate in the institutions of society Catholic social teaching promotes the common good in its “preferential option for the poor” Catholic social teaching promotes the common good in its “preferential option for the poor” Sin & disorder have had a negative impact on the dignity of persons Sin & disorder have had a negative impact on the dignity of persons Focus on well-being of those on the margins of institutions (sick, poor, homeless, disabled…) Focus on well-being of those on the margins of institutions (sick, poor, homeless, disabled…)

Obligation Since the common good is so important Since the common good is so important Moral obligation to choose the means necessary to achieve it Moral obligation to choose the means necessary to achieve it Laws that contribute to the common good must be followed Laws that contribute to the common good must be followed Order / security: police & justice system Order / security: police & justice system Safe roads: HTA Safe roads: HTA Social services, education, health care Social services, education, health care (paying taxes) (paying taxes)

Unjust Laws Don’t contribute to the common good Don’t contribute to the common good Clearly infringe on dignity of persons Clearly infringe on dignity of persons Have no obligation! Have no obligation!

Rules Not strictly legislated Not strictly legislated Obligatory guidelines Obligatory guidelines Indicate how we ought to behave in certain situations Indicate how we ought to behave in certain situations Absolute Absolute Generally binding Generally binding Relative Relative

Absolute Rules Generally apply under all circumstances Generally apply under all circumstances E.g., E.g., You shall not murder You shall not murder Always be just Always be just Love God, love your neighbour Love God, love your neighbour The Golden Rule The Golden Rule Do good avoid evil Do good avoid evil Be honest, chaste, grateful, humble, prudent, reasonable Be honest, chaste, grateful, humble, prudent, reasonable They are guides, don’t give details They are guides, don’t give details

Generally Binding Rules Apply in all circumstances unless another rule in conflict with it Apply in all circumstances unless another rule in conflict with it E.g., “do not lie” does not oblige when the other is NOT ENTITLED TO THE TRUTH E.g., “do not lie” does not oblige when the other is NOT ENTITLED TO THE TRUTH “Do not kill” … “Do not kill” … self defence / legitimate war self defence / legitimate war

Maxims & Proverbs “Nuggets of wisdom” “Nuggets of wisdom” Give guidelines or advice Give guidelines or advice From the customs of past (Wisdom Literature of OT: Proverbs, Ecclesiastes, Song of Songs, Wisdom, Sirach, Job) From the customs of past (Wisdom Literature of OT: Proverbs, Ecclesiastes, Song of Songs, Wisdom, Sirach, Job)

Examples of Proverbs “People who live in glass houses should not throw stones.” “People who live in glass houses should not throw stones.” “A bird in the hand is worth two in the bush.” “A bird in the hand is worth two in the bush.” “Speak for those who cannot speak, for the rights of all the destitute. Speak out, judge righteously, defend the rights of the poor and needy.” (Prov ) “Speak for those who cannot speak, for the rights of all the destitute. Speak out, judge righteously, defend the rights of the poor and needy.” (Prov )

Some more examples “For lack of wood the fire goes out, and where there is no whisperer (of gossip), quarreling ceases.” (Prov ) “For lack of wood the fire goes out, and where there is no whisperer (of gossip), quarreling ceases.” (Prov ) “Make no friends with those given to anger, and do not associate with hotheads, or you may learn their ways and entangle yourself in a snare.” (Prov ) “Make no friends with those given to anger, and do not associate with hotheads, or you may learn their ways and entangle yourself in a snare.” (Prov ) “Do not wear yourself out to get rich; be wise enough to desist.” (Prov. 23.4) “Do not wear yourself out to get rich; be wise enough to desist.” (Prov. 23.4) “In all toil there is profit, but mere talk leads only to poverty.” (Prov ) “In all toil there is profit, but mere talk leads only to poverty.” (Prov )

Moral Principles & Natural Law Basic truths  rules of conduct Basic truths  rules of conduct Catholics often refer to “Natural Law” Catholics often refer to “Natural Law” “written & engraved on the soul” (Leo XIII) “written & engraved on the soul” (Leo XIII) Written within our capacity to reason Written within our capacity to reason “The natural law is nothing other than the light of understanding placed in us by God; through it we know what we must do and what we must avoid.” (CCC #1955 / Aquinas) “The natural law is nothing other than the light of understanding placed in us by God; through it we know what we must do and what we must avoid.” (CCC #1955 / Aquinas)

Aquinas’ First Principle of Natural Law Do Good and avoid evil. Do Good and avoid evil. Our inclination to preserve & protect life, to procreate & educate, tendency toward truth, and cooperation with one another are all derived from natural law Our inclination to preserve & protect life, to procreate & educate, tendency toward truth, and cooperation with one another are all derived from natural law Whatever relates to right reasoning belongs to natural law Whatever relates to right reasoning belongs to natural law

Jacques Maritain on Natural Law “Natural Law is natural not only in so far as it is the normality of functioning of human nature, but also in so far as it is naturally known: that is to say, known through inclination, by way of congeniality or connaturality, not through conceptual knowledge and by way of reasoning…. Natural Law is made manifest to practical reason in certain judgments, but these very judgments do not proceed from any conceptual, discursive, rational exercise of reason. They proceed from…inclination.” (Moral Principles of Actions: Man’s Ethical Imperative) (Moral Principles of Actions: Man’s Ethical Imperative)

Aquinas on natural law & reason “Since all things are ruled and measured by the Eternal Law [God’s Law], we must conclude that they participate in this Law insofar as they derive from it the inclinations through which they tend naturally toward their proper operations and ends….Thus the rational creature by its very rationality participates in the eternal reason, and because of this participation has a natural inclination to the actions ‘rooted in reason.’ It is this participation in the Eternal Law enjoyed by the rational creature which is called the Natural Law.” (Summa, I-II, 93,1)

Aquinas on natural & human law As Augustine says, “that which is not just seems to be no law at all”: wherefore the force of a law depends on the extent of its justice. Now in human affairs a thing is said to be just, from being right, according to the rule of reason. But the first rule of reason is the law of nature, as is clear from what has been stated above. Consequently every human law has just so much of the nature of law, as it is derived from the law of nature. But if in any point it deflects from the law of nature, it is no longer a law but a perversion of law. (Summa, I-II, 95,2)