lessons from history
does the authority of the sovereign, who has not the power to frame laws, except as representing the people.”26
Laws by their nature are made for the good of a particular community. Therefore, they must be duly applied to that community to have the nature of law.
2. “Laws” that are contrary to a “human good”, but which do not command something intrinsically evil. These “laws” are also unjust and “a law that is not just, seems to be no law at all”. They are “acts of violence rather than laws”. Consequently “such laws do not bind in conscience”, except perhaps in certain individual circumstances, “in order to avoid scandal or disturbance.”31
As St. Thomas states:
SUMMARY
A LAW IS DULY PROMULGATED
“Wherefore, in order that a law obtain the binding force which is proper to a law, it must needs be applied to the men who have to be ruled by it. Such application is made by its being notified to them by promulgation. Wherefore promulgation is necessary for the law to obtain its force.”27 The manner of promulgation will differ from society to society. DO WE HAVE TO OBEY AN UNJUST LAW?
In general, we are bound to obey true laws: “If they be just, they have the power of binding in conscience, from the eternal law whence they are derived, according to Proverbs 8:15: ‘By Me kings reign, and lawgivers decree just things.’”28 There will of course be certain circumstances in which even true laws are not binding, for example, laws can cease to bind if their application becomes harmful:
Any purported law, whether made by ecclesiastical or civil authority, which either (a) is contrary to reason, (b) is contrary to the common good of the community for which it is made, (c) is made by an individual lacking legitimate authority or (d) is not duly promulgated, is in and of itself null and void. I suggest that in our times these are important principles to bear in mind. Matthew McCusker has a Master’s Degree in History from the University of York, where he specialised in ecclesiastical history. He currently works for the Society for the Protection of Unborn Children as General Secretary and Director of Fundraising. He can be contacted at: matthewmccusker@spuc.org.uk. ENDNOTES: 1. 2. 3. 4. 5. 6. 7.
“Now it happens often that the observance of some point of law conduces to the common weal in the majority of instances, and yet, in some cases, is very hurtful. Since then the lawgiver cannot have in view every single case, he shapes the law according to what happens most frequently, by directing his attention to the common good. Wherefore if a case arise wherein the observance of that law would be hurtful to the general welfare, it should not be observed.”29 But what of laws that do not fulfil the definition of true law?
8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29.
St. Thomas separates these into two categories. 1. “Laws” that are contrary to the “divine law”, such as a law which commands something sinful; “laws of this kind must nowise be observed, because, as stated in Acts 5:29, ‘we ought to obey God rather than man.’” 30 56
30. 31.
St. Thomas Aquinas, Summa Theologica, II. I q.90 a.4 II. I q.91 a.1 II. I q.91 a.2 II. I q.91 a.2 II. I q.91 a.2 II. I q.91 a.3 II. I q.95. a.2 II. I q.91 a.4 II. I q.91 a.4 II. I q.91 a.4 II. I q.91 a.4 II. I q.91 a.4 II. I q.90 a.4 II. I q.91 a.1-4 II.I q.90 a.1 II. I q.1 a.1 II.I q.90 a.1 II.I q.90 a.1 II. I q.95. a.2 II. I. q.90 a.2 II. I. q.90 a.2 II. I. q.90 a.2 II. I. q.90 a.3 II. I. q.90 a.3 II.I q.97 a.3 II.I q.97 a.3 II. I. q.90 a.4 II.I q.96. a II.I q.96 a.6 II. I. q.96 a.4 II. I. q.96 a.4
CAL X M A R IA E
