Moral Theology: A Complete Course Based on St. Thomas Aquinas and the Best Modern AuthoritiesCallan, Charles J. (Charles Jerome)
Religion
Moral Theology: A Complete Course Based on St. Thomas Aquinas and the Best Modern Authorities
Callan, Charles J. (Charles Jerome)
Christian ethics -- Catholic authors
(b) Human laws are necessary. The Natural Law does not prescribe
definite penalties, while the Positive Divine Law prescribes only such
as are remote and invisible; and hence, if there were no human laws
holding out the threat of determined and present punishments, the
Divine laws would be contemned. Moreover, since the higher laws are
sometimes unknown, or prescribe no time, place or manner of
accomplishment, or do not command things that would be useful for their
observance, it is necessary that there be laws made by man to secure
the better knowledge and fulfillment of the laws given by God Himself.
376. A human law is unjust in two ways:
(a) if opposed to the rights of God. Examples: The command of Pharaoh
that the Hebrew male children be murdered (Exod., i. 17), the command
of Antiochus that his subjects sacrifice to idols (I Mach., ii. 16-20),
the command of the Sanhedrin that the Apostles should cease to preach
(Acts, v. 29);
(b) if opposed to the rights of man. This happens in three ways: First,
when the purpose of the law is not the common good, as when the
lawgiver seeks only his own profit or glory; secondly, when the maker
of the law has not the requisite authority; thirdly, when the law
itself, although for the common good and made by competent authority,
does not distribute burdens equally or reasonably among the people.
Examples: Achab and Jezabel, in the affair of the vineyard of Naboth,
had in view not the public, but their own private benefit (III Kings,
xvi). The sentence of death pronounced on our Lord by the Sanhedrin was
illegal, because, among other reasons, the body was not assembled
according to law, and hence had no authority to give sentence. The
commands given the Israelites by Pharaoh (Exod., v. 18), and to their
subjects by Oriental despots (I Kings, viii), were unjust, because the
former discriminated against the Israelites, and the latter bore down
too heavily on all the people. The former civil laws that prescribed
the same penalty of hanging for a slight misdemeanor (such as the theft
of a loaf of bread by a boy) as for the capital crimes of piracy or
murder, the Stamp Act of George III, and some modern laws that sentence
to life imprisonment those who have been four times convicted of slight
offenses, are more recent examples of unjust laws.
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