An interesting article on law and justice, particularly as it applies to the Catholic Church

Moses_Given_Tablets_Gebhard_Fugel_1900

Moses receiving the Ten Commandments

The Catholic understanding of law that dominated the Western world for approximately a millennium and a half differs radically from the concept of law that emerged around the time of the Enlightenment. In fact the Catholic understanding, albeit a less precise articulation of it, traces its origins to the pre-Christian ancient world.[1]

God created not only the visible, tangible universe but also created law. The eternal law which is the rational plan of God for the universe is the first created law. As one medieval commentator expressed it, “God is himself law and therefore law is dear to Him.”[2] God did not create an unruly cosmos but one permeated with this eternal law which directs all of creation to its appointed end.

The summit of visible creation is Man. He is graced with a nature that reflects the Divine Nature itself. Man is thus called to participate in the eternal law and thus participate in God’s governance of creation. Not only does God entrust Man with the task of naming visible creatures, he is called to participate in the formation and promulgation of the laws by which Man himself will be ruled and guided to his due end. Just as a name brings greater specificity to an entity, so too Man’s participation in law will involve the task of particularizing the precepts of the eternal law.

Through his intellect, the point of contact with the eternal law, Man has the ability to come to know the most general legal principles, the precepts of Natural Law. These precepts command and forbid actions which conform to and obstruct, respectively, the attainment of Man’s natural and supernatural ends. Yet, these precepts are framed in general and universal terms. As a result of the Fall, Man’s participation in this process is afflicted by the wounds of sin and thus God promulgated an additional law, the divine law, to aid Man in his acquisition of knowledge of the primary precepts of law.

The Decalogue is the prime example of the divine law which did not alter the moral status of the operations specified in its ten precepts but which merely provided revealed knowledge of these precepts. Thus revelation and reason together provide Man with a means of knowing the fundamental precepts of the law which rules the universe.

Yet, the precepts of natural and divine law remain general in their formulation. They require further specification to be useful in guiding particular human action. It is to this task that Man has received a Divine call to participate. Ecclesiastical and secular authorities are commissioned by God to determine more particular principles and precepts of the divine and natural law to guide with greater specificity human action.

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4 Comments

  1. The Ultimate Law-The Moral Law, is being abandoned by Mankind, so we are going to be ruled by Man’s Law. Even though God gave Man, dominion over his Creation, without Divine Law, we are in Rebellion and Disobedience to God! The Creation cannot compete with the Creator!

  2. The spurious excommunications of LeFebvre et al. Traditionalist prelates, promulgated by JP-II, were withdrawn by B-XVI, without any recognition or admission of JP-II’s error.

    In a similar fashion, B-XVI’s Motu Proprio of 2007 reversed the act of his precedessor Paul VI that required an indult by the local ordinary for the celebration of the Tridentine Rite. B-XVI replaced that requirement with blanket permission for any priest to celebrate the rite unless the local ordinary forbade it by indult. The Motu Proprio admitted not so much as a whiff of error in the mandate that it reversed. (Because the Tridentine Rite was codified at Trent and promulgated by Saint Pius V in perpetuity, neither of his 20th-21st century successors’ mandates in re has any meaning or legal significance at all. Both are abberrant distortions of the Law.)

    Thus, the papal orders mentioned in the previous paragraph were just as spurious as the demonstrably illegal excommunications of the Traditionalist prelates. None of these contradictory orders has any credible grounding in Divine law. Indeed, I strongly submit that all of them came from purely political motivations.

    To summarize: In our modern world, the exercise of Canon Law, like that of civil law, has clearly degenerated into pragmatism and cynicism. That said, and barring any subsequent and strong evidence to the contrary, I see the imminent canonization of JP-II for what it is intended to be: a politically-motivated canonization of Vatican II.

    • Bravo! I doubt that anyone could have explained this better.

      Doug

      • Thank you.

        I would add that our society—besotted, as it is, by the Enlightenment-misbegotten ideal of equality—should learn and practice the principle of equity.


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