Showing posts with label Natural Law. Show all posts
Showing posts with label Natural Law. Show all posts
Wednesday, October 13, 2010
On the Chilean Miners . . . and a 1949 Harvard Law Review Article
Check out this great post by Ashby Jones on the Wall Street Journal Blog. It relates the Chilean miners (Praise God they have been rescued) to the Harvard Law Review article by Lon Fuller on the differing results obtained when Positive Law and Natural Law are applied to a case of trapped cave explorers (The Case of the Speluncean Explorers). Fullers article is a classic and repays reading with many a thoughful moment.
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.
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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