I attended a presentation presented by our diocesan tribunal entitled “Where Do Laws Come From?” by Emmett G. Wells, Lay Director of the Tribunal.<\/p>\n
As the title indicates, the presentation examined the origin of “law” in general.<\/p>\n
Today, many might see “law” as something put into effect by the proper authority.\u00a0 Many may believe the law should be based on the\u00a0utilitarian\u00a0principle of the greatest good for the greatest number.\u00a0 Others may see law as something that can change as leadership passes from one person to another.\u00a0 This is “legal positivism.”<\/p>\n
One problem with\u00a0utiliitarianism is that the “greatest good” may often take a short-term view of the good, ignoring longer term consequences.\u00a0 It may also ignore any concept of God.<\/p>\n
In a Christian world view, there are three types of law.\u00a0 The first is divine law<\/em> that is defined by God.\u00a0 God is the competent lawmaker and what God says goes.\u00a0 But God doesn’t change his mind so divine law does not change.\u00a0 Divine Law is a gift from God to us to help direct us to goodness.\u00a0 Divine Law becomes the basis for all other laws.<\/p>\n The second type of law is natural law.\u00a0 It is written on the human heart and can be known by reason.\u00a0 Natural law applies to all and is unchanging.\u00a0 While it is written on our hearts and can be known by reason, because of our sin, we still need grace and revelation to help us understand natural law.<\/p>\n Natural Law is evident in the natural order of things.\u00a0 It also overlaps with divine law.\u00a0 For example, the Ten Commandments are divine law, having been given to the people by God.\u00a0 It is also natural law because it can be seen from reason in nature.\u00a0 For instance, we know that the commandment not to steal makes sense.\u00a0 How can we live normally in a society where we live in constant fear of theft.<\/p>\n The third type of human law.\u00a0 These are laws that are made by the competent authority, where it be the church or, in civil matters, the government.\u00a0 It can change but the change should be based on our ongoing efforts to grow closer to God.<\/p>\n Some believe that “law” is simply a legal code to maintain stability.\u00a0 Where one goal of law is to maintain an orderly society, the law is ultimately meant to help us find out how we are called to live in union with God’s Will.\u00a0 As such, the law does not exist simply as list of rules but finds its true purpose in helping us to become what is good, to help us know the truth as revealed by God in the divine law.<\/p>\n Truth.\u00a0 For some, there is no universal truth.\u00a0 You are free to believe whatever you want.\u00a0 Again, in this view, law simply maintains order.\u00a0 People who think this way may say “you can’t legislate morality.”\u00a0 This is then used to say that the government can’t pass laws against homosexuality or other behavior that is seen as a “moral choice.”<\/p>\n As Catholics, we believe that there is universal truth.\u00a0 It is determined by God!\u00a0 To those who say you can’t legislate morality, I ask “Then, why is murder a crime?”<\/p>\n