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
547. The relation of civil law to natural law is as follows:
(a) The State has no power to make laws that are opposed to nature,
for, since law is an ordinance according to reason, any human command
that is contrary to nature and therefore to reason is not law, but the
corruption of law. No sin, not even a venial sin, can be made
obligatory by law. Example: The rule of Sparta that sickly infants were
to be put to death was not law but legalized murder.
(b) The State has the power to declare and enforce by suitable
sanctions the conclusions that are derived from the general principles
of the law of nature; for many people might be ignorant of these
conclusions or inclined to disregard them, unless they were promulgated
and confirmed by human law. Example: The natural law requires that
parents provide for their young children, and that children assist
their needy parents; the civil law adopts these natural principles,
compels their observance, and punishes transgressors.
(c) The State has the power to make concrete and to determine the
provisions of the natural law that are abstract or general. Example:
The natural law decrees that some form of government be set up, that
the people contribute to the support of the government, that crimes be
punished, that the general welfare be served, etc.; the civil law
determines the special form of government, the manner in which the
revenues are to be obtained, the specific penalties for each crime, the
public measures that are best suited to the circumstances, etc.
548. The relation of the civil law to divine and ecclesiastical law is
as follows:
(a) In matters purely spiritual the State has no power to legislate,
since its end and authority are confined to things temporal; and hence
the State has no right to interfere with the faith, worship and
government of the Church. But, since morality promotes the prosperity
of the State, and since the end of the individual is spiritual, the
civil law should respect and favor religion.
(b) In matters that are partly spiritual, partly temporal, the State
has the power to legislate on those aspects that are temporal, yet so
as not to infringe on divine or ecclesiastical right. Example: Civil
laws on education have the right to regulate non-religious subjects,
courses, standards, etc.; but they have no right to proscribe religious
training, or to prescribe the teaching of irreligion or immorality,
State laws on marriage may require registration, settle the civil
effects of marriage, etc., but they have no right to interfere with the
unity of marriage or the sanctity of the marriage bond.
549. The State is for the individual, and not the individual for the
State; hence, civil law should not interfere with human liberties,
except where this is necessary for the common peace and safety or the
lawful opportunity of the people as a whole. Hence:
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