Rev José Mario O Mandía
jmom.honlam.org
Divine positive law and natural law offer us guideposts that lead us to our eternal destination.
We need, however, more specific guidelines that facilitate the fulfillment of the moral law. These guidelines can vary from one place to another and are drawn up by legitimate human authority. These are what we call human laws.
There are two main kinds of human law: church law and civil law.
(1) Church law (ecclesiastical law or canon law): “Ecclesiastical law is an ordinance issued by legitimate authority in the Catholic Church. The legislators for the entire Church are the Pope through the Roman Curia or an ecumenical council together with the Pope. Bishops may also legislate for their respective dioceses” (Fr John Hardon, The Question and Answer Catholic Catechism, 532).
(2) Civil laws: “Civil laws are those passed by the government in a political society. Civil laws that are just are morally binding in conscience as the Church’s tradition since biblical times testifies. As St Peter told the early Christians, ‘Be subject for the Lord’s sake to every human institution, whether it be to the emperor as supreme, or to governors as sent by him to punish those who do wrong and to praise those who do right. For it is God’s will that by doing right you should put to silence the ignorance of foolish men’ (1 Peter 2:13-15)” (Fr John Hardon, The Question and Answer Catholic Catechism, 533).
ARE WE OBLIGED TO OBEY HUMAN LAWS?
“Human law is binding insofar as it agrees with the eternal law of God. Thus all unjust laws passed by the State, like abortion or the prohibition to teach Christianity, are not binding” (Fr John Hardon, The Question and Answer Catholic Catechism, 531).
St Thomas teaches (cf S Th I-II q96 a4) that for a law to be just, it must fulfill the following conditions:
(1) It must be made for the sake of the common good. A law that opposes natural or divine positive law can never achieve the common good.
(2) If it concerns distributive justice, it must distribute burdens in an equitable way – “burdens are laid on the subjects according to an equality of proportion” (S Th I-II q96 a4).
(3) It should not exceed the authority of the legislator — otherwise it would not be a law.
If any of these is lacking, St Thomas says in the same article that these laws “are acts of violence rather than laws; because, as Augustine says (De Lib. Arb. i, 5), ‘a law that is not just, seems to be no law at all.’ Wherefore such laws do not bind in conscience, except perhaps in order to avoid scandal or disturbance, for which cause a man should even yield his right, according to Matthew 5:40-41: ‘If a man . . . take away thy coat, let go thy cloak also unto him; and whosoever will force thee one mile, go with him other two’” (S Th I-II q96 a4).
WHEN DOES A HUMAN LAW CEASE TO BE BINDING?
Human law ceases to be binding in the following cases: (1) ignorance, (2) impossibility, (3) by dispensation, (4) by privilege, (5) by suspension of the law itself.
Impossibility can either be (2.1) absolute or physical impossibility or (2.2) moral impossibility.
When a person is sick (physical impossibility) or is taking care of a sick person (moral impossibility) is not able to attend Sunday Mass, he or she is excused from the obligation. If the obstacle can be avoided or foreseen, however, one may not be excused from the obligation of the law. For example, one may not plan to go for a holiday to a place where he or she knows Mass is not available.
Dispensation is “the suspension of the law or of its obligation in a particular case, granted by the competent authority for a special and proportionate reason. Canon law forbids marriage of two first cousins but, in special cases, if there is a sufficient reason, a dispensation may be granted” (Charles Belmonte, Faith Seeking Understanding, vol 2).
A privilege “may also suspend the obligation of the law. Privilege is a favorable private law that overrules or extends the common law. Since it has the character of a law, it must be permanent and stable, useful for the community, and established by the authority who is in charge of the community” (Charles Belmonte, Faith Seeking Understanding, vol 2).
The law itself may cease (5.1) when it is abrogated by the same authority who established it; (5.2) when the purpose for which it was promulgated disappears or the law becomes harmful to the people; (5.3) when a legitimate custom (a) contrary to the law, (b) observed through the years, and (c) approved by the competent authority replaces that law.
(Photo: Muscat_Coach at Pixabay)
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