Chapter 5 Ethical Norms and Law

1. Chapter 5 Ethical Norms and Law

2. Questions to Ponder • What is the definition of law? • What is the purpose of human laws in relation to the moral law as set forth by God? • Are there different kinds of law, and do they make conflicting demands upon human behavior? • How are conflicts between conscience and law to be resolved?

3. Introduction

4. Common Complaint… • “There are too many laws!” • Those arguing for more laws are arguing for… • Protection • Those arguing for less laws are arguing for… • More freedoms

5. The Purpose of Law… • To protect the freedoms and rights of citizens • When a society is morally good… • Laws are created to protect the good • When a society shows corruption… • More laws are created • How does this relate to our Christian history? • Without Law… • The mob rules

6. Section 1Definition of Law

7. Law… • Is the ordinance of reason for the common good, made and promulgated by those who are in charge of the community

8. Law as an Ordinance of Reason • Laws.. • Must always require something reasonable • Are supposed to protect objective values • Do not stem from the arbitrary will of authority • Seek to end any inconsistency on the part of either the legislator or subject

9. Laws Exist for… • The common good • Laws… • Seek a just society for all citizens • Should secure those conditions that promote the common good • Does this ALWAYS happen?

11. Laws are Made By… • Those responsible for the care of the community • Those who have the power to do so • Those who execute the laws –have legitimate authority to do so • Only legitimate authority can make, pass, and enforce laws • Do others try? Examples…? What happens as a result?

13. Laws Must Be… • Officially promulgated/given • Laws need to be communicated in a proper manner • Examples…? • Before a law is publically known –they hold no legitimate power

14. Section 2Divisions and Kinds of Law

15. Eternal Law • The plan of Divine wisdom directing all acts • Is the cosmic order est. by God • Is the primordial law • Is the foundation of all laws • Is intrinsic • Is universal • Facilitates and est. harmony • Who is the model or reference?

16. Natural Law • The rational creature’s participation in eternal law • Written in the heart of EVERY human being • No one is chaotic • We are acting beings • Our conduct depends on our Free Will

17. Two Characteristics of Natural Law • Universality • Applies to EVERYONE • Immutability • It does NOT change

18. Natural Law … • To act against Natural Law… • Is opposing happiness • Damages human nature • Abiding by Natural Law… • Orders social life • Reveals the dignity of the human person

19. Laws of Nature vs. Natural Law Laws of Nature Natural Law Command that human reason gives regarding what actions should be done and what actions should be avoided Examples: the right to life At the hand of God, but can be broken by man • Descriptions of behavior of the material universe • Example: inertia • At the hand of God –but, cannot be broken as there is no choice in nature

20. Positive Law… • Promulgated by those who have the auth. To communicate it to society • Three Kinds: • Divine Positive Law • God • Ecclesiastical Law • The Church’s legislative power • Civil Law • Legislated by a legitimate government

21. Evangelical or New Law • Spec. Christian • Interior Law • Law of the HS • Exterior Law • Sermon on the Mount • Guides the believer to do his duty and the grace needed to do so • Law of Love Respond’s to obligation to live life according to Christ

22. Section 3Meaning and Purpose of Law

23. Good/Evil… • Things and Actions are NOT det. To be such b/c we or society says that they are • Society is a reflection of WHO WE ARE! • Has foundation based on Truth • Evil to Kill • Evil to blaspheme against God • Evil to slander • Good to help criminal rehabilitate • Good to give alms to needy \Good to demand fulfillment of penalty

24. Section 4Just Law

25. Aquinas Teaches… • Law is just if it corresponds to the natural law • Three Conditions that MUST be met: • It must promote the common good • The burdens that the law imposes ins society MUST reflect an “Equality of Proportion” • All use authority in a share in God’s authority

26. St. Augustine “Every just law is transcribed and transferred to the heart of man who works justice, not by wandering, but by being, as it were, impressed upon it, just as the image from the ring passed over to the wax, and yet does not leave the ring.”

27. Section 5Conflicts between Conscience and Law

28. Law Offers… • The moral conscience the means to detect good/evil • Liberation • Obedience does not enslave –it LIBERATES! • John 8:32

29. Unjust Laws • Do they exist? • YES! • How should the Christian handle them? • God/the Truth comes FIRST!

30. Aquinas “Those who find themselves in constant conflict in fulfilling various laws need to ask themselves if they are not lacking in consistency in their faith and Christian practice –for there can be no real conflict between just laws and a properly formed conscience.”

31. Conclusion

32. Final Thought • It is NEVER permitted to follow a law that is contrary to morality as defined by reason

33. Works Cited • Our Moral Life in Christ . United States : Midwestern Theological Seminary , 2006. • Himma, Kenneth."Natural Law [Internet Encyclopedia of Philosophy]." Internet Encyclopedia of Philosophy. http://www.iep.utm.edu/natlaw/ (accessed September 27, 2011).