The Catholic World, Vol. 22, October, 1875, to March, 1876: A Monthly Magazine of General Literature and ScienceVarious
Religion
The Catholic World, Vol. 22, October, 1875, to March, 1876: A Monthly Magazine of General Literature and Science
Various
Catholic Church -- Periodicals
Human governments have changed in form, but their tyranny has not ceased
to grow; and the free men of the olden society have become the slaves in
a new order of things--they have even reached a point at which they know
not even in what liberty consists.
III.--DIVINE ORIGIN OF LAW.
I know, and I hear beforehand, the response which the doctors of modern
rights will here give me “Yes,” say they, “it is very true that the
Catholic Church has always claimed the right of judging laws and of
refusing obedience to such as displeased her; but in this is precisely
the worst abuse. That which would domineer over human reason, the
sovereign of the world, is tyranny _par excellence_; this, in truth, is
the special mark of Catholicity, and it is this which has ever made it
the religion of the ignorant and the cowardly.”
Is, then, the maxim I have just recalled the invention of Catholic
theologians? Is it true that the teachers of the ultramontane doctrine
alone have contended that the intrinsic worth of a law must be sought
beyond and above them, beyond and above the human power which proclaims
it? Not only has this elementary principle not been devised by our
theologians, but even the pagan philosophers themselves had reached it.
Cicero but summed up the teaching universally received by philosophers
worthy of the name, when he said that the science of law should not be
sought in the edicts of the pretor, nor even in the laws of the twelve
tables; and that the most profound philosophy alone could aid in judging
laws and teaching us their value.[47]
This is not to degrade reason, which this same Cicero has defined, or
rather described, in admirable language. He found therein something
grand, something sublime; he declared that it is more fit to command than
to obey; that it values little what is merely human; that it is gifted
with a peculiar elevation which nothing daunts, which yields to no one,
and which is unconquerable.[48]
But remark, it is only with regard to human powers and allurements that
reason shows itself so exalted and haughty. It requires something greater
than man to make it submit; and it _obeys_ only God or his delegates.
“Stranger,” said Plato to Clinias the Cretan, “whom do you consider the
first author of your laws? _Is it a god? Is it a man?_”
“Stranger,” replied Clinias, “it is a god; we could not rightly accord
this title to any other.”[49]
So, also, tradition tells us that Minos went, every ninth day, to consult
Jupiter, his father, whose replies he committed to writing. Lycurgus
wished to have his laws confirmed by the Delphian Apollo, and this god
replied that he would dictate them himself. At Rome the nymph Egeria
played the same _rôle_ with Numa. Everywhere is felt the necessity
of seeking above man the title in virtue of which he may command his
fellow-men.
Public-domain text, read in full here on John Shaqi.
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