THEO IV: Morality and the Law Flashcards
civil government
the proper authority for governing and enforcing laws at the local, municipal, state, or national level
civil law
a rule of conduct imposed by civil authority; the body of such rules binding on members under the control of the authority, whether from formal enactment or custom
- consist of laws enacted by civil governments for the common good
common good
the total of social conditions that will allow both individuals and groups to reach their human and spiritual fulfillment more easily
divine law
laws explicitly communicated by God, such as the Ten Commandments or the preaching of Jesus
ecclesiastical positive law
- the laws that direct and regulate the life and worship of the Church
- the law that governs the Church in the organization of the hierarchy, in liturgical and penitential practices, and in other matters
- faithfully practice the Catholic Faith
equality of proportion
principle that the burden of law must be shared by all
ecclesiastical government
The Church’s own governing bodies, such as a diocese, national bishop’s conference, or the Holy See
eternal law
God’s wisdom as a directive for all acts and movements
human law
law promulgated by human authority, either civil or ecclesiastical. In order to be legitimate, human law must be:
- consistent with laws of God
- conform to the natural law
- promote the common good of society
law
an ordinance of reason that exists for the common good, having been made by legitimate authority and legislated through an appropriate and recognized process
law of grace
the New Law ushered in by Christ
laws of nature
Descriptions of the behavior of the material universe
legitimate authority
a recognized and official authority in civil or ecclesiastical law
positive law
Laws created by the proper authority that enjoin specific obligations upon individuals and bind in conscience insofar as they conform to the dictates of the divine and natural laws
unjust law
A human law that contradicts or otherwise fails to conform to divine and natural law. Such a law is never binding on a person’s conscience and must be opposed
What are the requirements of law?
- ordinance of reason
- exist for the common good
- made by those in legitimate authority
- legislated in an official manner
What are laws the result of?
Laws are the result of reasoned deliberation, not arbitrary initiative by someone in authority
What are the 4 reasons as to why laws are necessary?
For:
1. civil harmony
2. common good
3. protection of rights
4. enjoyment of freedom
Why do laws exist or are enacted?
Laws exist for the common good. They are enacted to promote the common good by regulating how people interact with each other and their environment
Who has the right and obligation to make laws? Who are the only ones who can pass/enforce laws? Where does legitimate authority ultimately come from?
- only those who have justly received the power to govern have the right and obligation to make laws
- according to natural law, only those invested with legitimate authority can pass/enforce laws
- LA ultimately comes from God
How must laws be legislated?
- in an official manner so that citizens will not be at the mercy of their rulers
What is eternal law?
the plan of divine wisdom as directing all acts and movements
Where is every law derived from?
God’s eternal law
What is natural law?
the rational creature’s participation in the eternal law or as it applies to human life
What is revealed law?
the law as revealed by God; found in the Old Law of the Old Testament and finds its fulfillment in the New Law
What is the New Law?
What Jesus teaches and fulfills in the New Testament
According to St. Thomas Aquinas, what must a law do to be just or valid?
- reflect some aspect of the natural law articulated by the Ten Commandments
What are the 3 conditions for a law to be valid and just?
- Must promote the common good
- Must reflect an “equality of proportion”
- All authority comes from God
What 3 essential elements does the common good consists of?
- respect for/promotion of fundamental rights of a person
- prosperity or the development of the spiritual and temporal goods of society
- peace and security of the group and its members
What does it mean for a civil law to reflect equality of proportion?
the burden of the law is shared by all members of society, not just some
What must civil laws ought to express?
- some facet of the natural law
- every law must transmit what God has eternally established
