Thursday, February 18, 2010

The State is not a Source or Beginning of Ethics

Pope Benedict XVI told the Pontifical Academy for Life "History has shown how dangerous and deleterious a State that proceeds to make legislation on matters that touch the person and society can be, when it tries to be the source and beginning of ethics."

In a talk that addressed current bioethics issues such as embryonic stem cell research, the Pope noted that the human dignity, which is fundamental to all rights, is not "written by the hand of man, but... by God the Creator in the heart of man."


Indeed, natural law as posited by Aquinas shows that all law proceeds from God's law.  The state may create municipal or positive law to better order society but that law must reflect an understanding of God's law.  Positive law that violates God's law is null.  Our own Declaration of Independence sets forth this understanding as the basis for the American Revolution. 

"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. — That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, — That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness."

In addition, international law upheld the same conception of law as our Declaration of Independence during the Nazi war crime trials.  German officers argued that they were simply following orders... following positive law.  It was held that this was insufficient to exonerate them.  We are all held to a higher power... to disobey laws that violate natural law.

Those who would tell us that our religious beliefs have no place in the political debate are not only wrong about the content of public discourse but also about the fundamental source of law, ethics, and public policy.  Of course, they know they are wrong and are only trying to win the debate without arguing the merits of their position. 

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