Law

is an ordinance of reason Promulgated by men with competent authority for the common good. Laws as the Objective norm of Morality is categorized into: Moral Law as revealed law (comprising the Old Law and the New Law, or the Law of the Gospel) Divine Law or Eternal Law Human Law under which are Civil Law and Church or Ecclesiastical law Natural Law Moral Law governs a persons behavior. It contains truths and ethical principles which ought to guide the individual conduct of people on matters of right and wrong. It prescribes norms of conduct for ones good and happiness which specify what a person ought or ought not to do in order to lead one to the highest good and absolute end, God. In its most universal meaning, it is a directive ordering mans activity towards the ultimate end. Mans inclination to Good. Laws are to be found in the heart of man- by the natural gift of reason. As Revealed comprising the Old and the New Law, or Law of the Gospel Divine Law or Eternal Law God is the author of the laws governing the universe. The Divine Law which is eternal is deduced from the fact that the world is ruled by Divine Providence. And the plan of Providence rests upon universal principles existing eternally in God to direct all actions and movements to their proper end. This comprises the eternal law, so called because it exists in the mind of God. It contains the Divine blueprints. Eternal Law is the plan flowing from Gods wisdom which directs all actions and movements. (St. Thomas Aquinas) Eternal Law is the divine reason and/or the will of God himself commanding the preservation of the Natural Law and forbidding its disturbance. (St. Augustine) Divine Law is discovered in the following: Physical laws which rule both nonrational and rational creatures Biological laws that govern the development of living things. Mathematical laws that govern abstract quantity Natural law which is the participation of Eternal law in the rational creatures. Natural law which is the participation of Eternal law in the rational creatures By learning these laws and living according to them we gain freedom. But freedom is always tied up with obedience to the law of God and there is no such thing as freedom from these laws, instead there is only freedom within them. We cannot break the laws, but if we ignore them, they can break us. By learning these laws and living according to them we gain freedom. But freedom is always tied up with obedience to the law of God and there is no such thing as freedom from these laws, instead there is only freedom within them. We cannot break the laws, but if we ignore them, they can break us. HUMAN LAW is a directive of obligatory, general, and stable character for the common good promulgated by one who is in charge of the sovereign society. Properties of Human Law: Human Law is enforceable. Human Law is concerned with external conduct only. Human Law is limited to particular groups of people. Human Law is historically conditioned. Human Law has presumptive obligatory force Civil Law is the particular application of the Natural Law in given societies. Give unto Caesar the things that are Caesars The moral obligation to obey civil authority is in direct proportion to the seriousness of the law in terms of its effect on our wellbeing as well as of others. Church Law is the particular application of the Divine Law to the Christian community. It can change as the Church faces new circumstance to which Christians have to adapt. The moral obligation to observe Church laws is relative to the seriousness of the law insofar as it affects our relationship with God and with others. Necessity of Human Law: Revealed law does not provide exact rules for every moral problem. Frequently, natural Moral Law is not so evident in its particular requirements. There are often several possible ways to comply with an obligation, but for the sake of public order one must impose as binding for all (e.g. the law concerning traffic rules) the rulings for public worship, and; Law with its penal regulation is an indispensable means of education for people, particularly in times of frailty, and as a shield against human malice. NATURAL LAW Refers to moral insights people are capable of knowing, by means of their reason, independently of the verbal revelation of God. Natural means: Not supernatural (not communicated in a supernatural way). Not positive (not resulting from the command of a legislative authority, as in positive human and divine law. Found in and derived from the nature of a person. Concept of Natural Law Law of human conduct arising form human nature, as ordered to its ultimate end, recognized by the natural light of reason. Mans natural (not supernatural) ultimate end. E.g. values, which could be human nature not elevated by grace. Though ordered towards the supernatural ultimate end, and is based on human nature elevated by grace. Both lie on the same direction, although the supernatural ultimate end lead beyond. Persons- needs, individuals- wants. Needs are essential to man, wants are those goods that an individual requires due to a particular circumstance. Essential Characteristics of Natural Law: Universal. (Universality) Its primary principles are self-evident such that it is for all individuals with fully developed reason to have an invincible ignorance of them. One and the same for all. (Unity and Invariability) All classes of people possess equal moral dignity as persons, hence, they possess equal basic rights. Immutable. (Immutability) This connotes that there can be any change in whatever is fundamentally good or evil.