Chapter 5: Morality and the Law
Chapter 6:
1. What is the Law
Why is there law?
For civil harmony and common good. Laws should be reasonable.
The law is an ordinance of Reason: Laws are not arbitrary; they should fit need of the human person and society.
Law exists for the common good
“Legitimate” authority should make laws
The ultimate source of legitimate authority is…
God
2. Types of Law
There are 4 Types of laws
Eternal
Divine wisdom directing law. 10 commandments and beatitudes are God’s eternal laws.
Natural
Eternal law that applies to all human life. Like gravity.
Positive
Legitimate authority for governing. Being able to chose an official to govern you,like electing a president.
New
By Jesus. When he commands Christians to love one another.
3. Just Civil Law
To be just or valid, every civil law must reflect some aspect of the natural law articulated by the 10 commandments
Civil law must…
Defend human rights and seek well of all.
Promote the common good
Reflect Equality
Be in agreement with the Divine law
Laws that declare the immoral to be legal must not be obeyed
4. Conflicts Between Conscience and Civil Law
Ideally there would be no conflict between a well-formed conscience and just civil law
When is a law unjust?
St. Thomas Aquinas: In order for a law to be valid it must:
Promote the common good
Promote an equality of proportion
Acknowledge all authority comes from God
5. Morality and Action: An analysis of the Human Act
Every moral action changes us for better or worse
3 Criteria for evaluating the morality of human actions:
• The object
• Intention
• Circumstance
6. The Principles of Double Effect
Acts may have…
Object
Right intention
Good circumstance
… But never the less bring bad effects
Double Effect requires:
1. Actions be good
2. Has a right intention
3. Good action must be the means of the good act
7. The good effect must be proportionate to the evil effect
A. Abortion
B. Surgery to rid the body of cancer
Concept Questions
1. What is the definition of law?
2. What is the ultimate source of legitimate authority?
3. What are the 4 types of law? Explain
4. What are the conditions for a law to be just?
5. What is common good?
6. What principles should a Christian follow when faced with unjust laws?
7. If after Careful deliberation, a Catholic decides to disobey an unjust law, what should he expect?
8. What does prudence allow conscience to do in the case of “Lesser Matters”?
9. Why will ay act itself exhibit goodness or evil?
10. What can the wrong intention do to a good act?
11. What is the principle of double effect?
12. What is the result of moral relativism?