Law Divine law Natural law Civil law Canon law There are different kinds of law.

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Presentation transcript:

Law Divine law Natural law Civil law Canon law There are different kinds of law

Law Divine law Natural law Civil law Canon law Civil law is founded upon natural law Natural law is a participation in divine law, but is naturally known Church law is rooted in an understanding of divine law and the historical situation of the Church.

Divine Law Divine Law is that which is enacted by God and made known to man through revelation. We distinguish between the Old Law, contained in the Pentateuch, and the New Law, which was revealed by Jesus Christ and is contained in the New Testament.

Canon Law Canon law (Church law) is the body of laws and regulations made by or adopted by ecclesiastical authority, for the government of the Christian organization and its members.

Civil Law Civil law: man made law. Can be just or unjust, depending upon how it squares with natural law. I.e., one must be 18 in order to vote, 19 in order to drink, one must drive on the right side of the road, etc.

Civil and Natural Law Martin Luther King Jr. wrote in his Letter from the Birmingham Jail: “Now what is the difference between the two? How does one determine when a law is just or unjust? A just law is a man-made code that squares with the moral law or the law of God. An unjust law is a code that is out of harmony with the moral law. To put it in the terms of Saint Thomas Aquinas, an unjust law is a human law that is not rooted in eternal and natural law. Any law that uplifts human personality is just. Any law that degrades human personality is unjust. All segregation statutes are unjust because segregation distorts the soul and damages the personality. It gives the segregator a false sense of superiority, and the segregated a false sense of inferiority. …”

Natural Law Good is to be done, evil is to be avoided First principle of practical reason: First principle of speculative reason: Nothing can both be and not be at the same time and in the same respect.

The Good The good: that which all things desire. All things desire their own perfection, that is, their own complete flourishing. Human beings have natural inclinations or desires (to be distinguished from acquired desires, and/or perverted desires).

Apparent goods True goods True goods are truly perfective of the human person. Self- control, honest friendships, healthy foods, etc. Apparent goods appear to be perfective of the human person, but they are destructive of the human person. I.e., a poison apple, associating with criminals, an adulterous relationship, living a life of total leisure without ever working, etc.

Natural Law From these intelligible human goods (natural), more specific moral precepts (rules, regulations, laws) can be drawn out. If we know what is humanly good, we can begin to draw out the more specific demands of natural law. Human goods First principle (good is to be done, evil is to be avoided) Specific precepts i.e., do not harm others

Human Goods Religion: God is the Supreme Good, and so that part of justice that seeks harmony between oneself and God is called religion. Integrity (integration of the elements of the self, harmony between reason and my choices, and the will and the passions) The Common Good (sociability): The harmonious relationship that exists between oneself and the civil community as a whole. Marriage/family. Friendship: relationships based on common qualities and interests. Knowledge Leisure (the enjoyment of the beautiful/art and play) Life (bodily goods)

Knowledge We desire to know, to contemplate. Human beings have a natural sense of wonder. Human beings ask questions, seek answers, wonder about the causes of things. People are knowers. Dude, what’s ya thinkin’?

Goods of the Will The Common Good of the Civil Community The human being is a social and political animal that enters into relationship not only with friends, but with the civil community as a whole. There is a difference between his own private good and the common good of the whole. Just as a hockey player has his own private scoring record, his end as a player is a common good, namely victory for the whole team. The common good is a good in which everyone can participate without diminishing any other member’s share in it. Just as a good player thinks of the team before his own private scoring record, a good human person lives for the common good, not merely his own private good. The criminal is different in that he has no regard for the common good, but puts himself before civil community as a whole.

Example (Circumstances that render an otherwise good act immoral) Moral Object: Practicing my putting stroke. Motive: In order to improve my game. Circumstances: Where? At a funeral home with nice green carpet. When? At my mother’s funeral wake.