Meeting 2 – Monday, 7 December, 6pm – 7:30pm GMT via ZOOM : The origins of legal authority and the limits of the law
A reminder that our next meeting will be held via Zoom on Monday, 7 December, from 6 – 7:30pm GMT.
Our subject is:
The origins of legal authority and the limits of the law
Topics to be addressed:
· Social contract theory and the limits of state authority as seen by Catholic social teaching
· The role of the conscience and the right to conscientious objection
· Curtailing civil liberties – when/if ever is this justified?
· The legality and morality of government responses to Covid-19: lockdowns, restrictions on fundamental freedoms; track and trace; mandated church closures; mandatory vaccines
Please find attached to this email two relevant readings, ideally read beforehand.
1) ‘Catholicism and the Case for Limited Government’ by our speaker, Dr. Sam Gregg (in a volume edited by our own Prof. Philip Booth, entitled Catholic Social Teaching and the Market Economy)
2) Pope Leo XIII’s Encyclical ‘Diuturnum,’ on the origin of civil power
I have also included below, for your reference, a selection of paragraphs I have curated from Pope Leo XIII’s Rerum Novarum and from Pope Pius IX’s Syllabus of Errors, which are relevant to our upcoming session.
Bear in mind that one must read the entries in the Syllabus of Errors as ideas to which Pope Pius IX says the Church must be opposed, i.e they are to be read NEGATIVELY in order to understand the Church’s position.
Rerum Novarum, Leo XIII – curated selection of paragraphs, as regards the State and…
…marriage and the family
- No human law can abolish the natural and original right of marriage, nor in any way limit the chief and principal purpose of marriage ordained by God’s authority from the beginning: “Increase and multiply.”(3) Hence we have the family, the “society” of a man’s house – a society very small, one must admit, but none the less a true society, and one older than any State. Consequently, it has rights and duties peculiar to itself which are quite independent of the State.
- The contention, then, that the civil government should at its option intrude into and exercise intimate control over the family and the household is a great and pernicious error. True, if a family finds itself in exceeding distress, utterly deprived of the counsel of friends, and without any prospect of extricating itself, it is right that extreme necessity be met by public aid, since each family is a part of the commonwealth. In like manner, if within the precincts of the household there occur grave disturbance of mutual rights, public authority should intervene to force each party to yield to the other its proper due; for this is not to deprive citizens of their rights, but justly and properly to safeguard and strengthen them. But the rulers of the commonwealth must go no further; here, nature bids them stop. Paternal authority can be neither abolished nor absorbed by the State; for it has the same source as human life itself. “The child belongs to the father,” and is, as it were, the continuation of the father’s personality; and speaking strictly, the child takes its place in civil society, not of its own right, but in its quality as member of the family in which it is born. And for the very reason that “the child belongs to the father” it is, as St. Thomas Aquinas says, “before it attains the use of free will, under the power and the charge of its parents.”(4) The socialists, therefore, in setting aside the parent and setting up a State supervision, act against natural justice, and destroy the structure of the home.
- We have said that the State must not absorb the individual or the family; both should be allowed free and untrammelled action so far as is consistent with the common good and the interest of others.
…the purpose of government
- By the State we here understand, not the particular form of government prevailing in this or that nation, but the State as rightly apprehended; that is to say, any government conformable in its institutions to right reason and natural law, and to those dictates of the divine wisdom which we have expounded in the encyclicalOn the Christian Constitution of the State.(26) The foremost duty, therefore, of the rulers of the State should be to make sure that the laws and institutions, the general character and administration of the commonwealth, shall be such as of themselves to realize public well-being and private prosperity. This is the proper scope of wise statesmanship and is the work of the rulers. Now a State chiefly prospers and thrives through moral rule, well-regulated family life, respect for religion and justice, the moderation and fair imposing of public taxes, the progress of the arts and of trade, the abundant yield of the land-through everything, in fact, which makes the citizens better and happier. Hereby, then, it lies in the power of a ruler to benefit every class in the State, and amongst the rest to promote to the utmost the interests of the poor; and this in virtue of his office, and without being open to suspicion of undue interference – since it is the province of the commonwealth to serve the common good. And the more that is done for the benefit of the working classes by the general laws of the country, the less need will there be to seek for special means to relieve them.
- There is another and deeper consideration which must not be lost sight of. As regards the State, the interests of all, whether high or low, are equal. The members of the working classes are citizens by nature and by the same right as the rich; they are real parts, living the life which makes up, through the family, the body of the commonwealth; and it need hardly be said that they are in every city very largely in the majority. It would be irrational to neglect one portion of the citizens and favor another, and therefore the public administration must duly and solicitously provide for the welfare and the comfort of the working classes; otherwise, that law of justice will be violated which ordains that each man shall have his due. To cite the wise words of St. Thomas Aquinas: “As the part and the whole are in a certain sense identical, so that which belongs to the whole in a sense belongs to the part.”(27) Among the many and grave duties of rulers who would do their best for the people, the first and chief is to act with strict justice – with that justice which is called distributive– toward each and every class alike.
- But although all citizens, without exception, can and ought to contribute to that common good in which individuals share so advantageously to themselves, yet it should not be supposed that all can contribute in the like way and to the same extent. No matter what changes may occur in forms of government, there will ever be differences and inequalities of condition in the State. Society cannot exist or be conceived of without them. Some there must be who devote themselves to the work of the commonwealth, who make the laws or administer justice, or whose advice and authority govern the nation in times of peace, and defend it in war. Such men clearly occupy the foremost place in the State, and should be held in highest estimation, for their work concerns most nearly and effectively the general interests of the community. Those who labor at a trade or calling do not promote the general welfare in such measure as this, but they benefit the nation, if less directly, in a most important manner. We have insisted, it is true, that, since the end of society is to make men better, the chief good that society can possess is virtue. Nevertheless, it is the business of a well-constituted body politic to see to the provision of those material and external helps “the use of which is necessary to virtuous action.”(28) Now, for the provision of such commodities, the labor of the working class – the exercise of their skill, and the employment of their strength, in the cultivation of the land, and in the workshops of trade – is especially responsible and quite indispensable. Indeed, their co-operation is in this respect so important that it may be truly said that it is only by the labor of working men that States grow rich. Justice, therefore, demands that the interests of the working classes should be carefully watched over by the administration, so that they who contribute so largely to the advantage of the community may themselves share in the benefits which they create-that being housed, clothed, and bodily fit, they may find their life less hard and more endurable. It follows that whatever shall appear to prove conducive to the well-being of those who work should obtain favorable consideration. There is no fear that solicitude of this kind will be harmful to any interest; on the contrary, it will be to the advantage of all, for it cannot but be good for the commonwealth to shield from misery those on whom it so largely depends for the things that it needs.
- (continued) Rulers should, nevertheless, anxiously safeguard the community and all its members; the community, because the conservation thereof is so emphatically the business of the supreme power, that the safety of the commonwealth is not only the first law, but it is a government’s whole reason of existence; and the members, because both philosophy and the Gospel concur in laying down that the object of the government of the State should be, not the advantage of the ruler, but the benefit of those over whom he is placed. As the power to rule comes from God, and is, as it were, a participation in His, the highest of all sovereignties, it should be exercised as the power of God is exercised – with a fatherly solicitude which not only guides the whole, but reaches also individuals.
- “…the State has for its office to protect natural rights, not to destroy them”
… government interference in religious orders and societies
- And here we are reminded of the confraternities, societies, and religious orders which have arisen by the Church’s authority and the piety of Christian men. The annals of every nation down to our own days bear witness to what they have accomplished for the human race. It is indisputable that on grounds of reason alone such associations, being perfectly blameless in their objects, possess the sanction of the law of nature. In their religious aspect they claim rightly to be responsible to the Church alone. The rulers of the State accordingly have no rights over them, nor can they claim any share in their control; on the contrary, it is the duty of the State to respect and cherish them, and, if need be, to defend them from attack. It is notorious that a very different course has been followed, more especially in our own times. In many places the State authorities have laid violent hands on these communities, and committed manifold injustice against them; it has placed them under control of the civil law, taken away their rights as corporate bodies, and despoiled them of their property, in such property the Church had her rights, each member of the body had his or her rights, and there were also the rights of those who had founded or endowed these communities for a definite purpose, and, furthermore, of those for whose benefit and assistance they had their being. Therefore We cannot refrain from complaining of such spoliation as unjust and fraught with evil results; and with all the more reason do We complain because, at the very time when the law proclaims that association is free to all, We see that Catholic societies, however peaceful and useful, are hampered in every way, whereas the utmost liberty is conceded to individuals whose purposes are at once hurtful to religion and dangerous to the commonwealth.
Syllabus of Errors, Pius IX – curated selection of paragraphs, as regards the State and the rights of the Church
- ERRORS CONCERNING THE CHURCH AND HER RIGHTS
- The Church is not a true and perfect society, entirely free- nor is she endowed with proper and perpetual rights of her own, conferred upon her by her Divine Founder; but it appertains to the civil power to define what are the rights of the Church, and the limits within which she may exercise those rights. — Allocution “Singulari quadam”; Dec. 9, 1854
- The ecclesiastical power ought not to exercise its authority without the permission and assent of the civil government. — Allocution “Meminit unusquisque,” Sept. 30, 1861.
- The State, as being the origin and source of all rights, is endowed with a certain right not circumscribed by any limits. — Allocution “Maxima quidem,” June 9, 1862.
- The civil authority may interfere in matters relating to religion, morality and spiritual government: hence, it can pass judgment on the instructions issued for the guidance of consciences, conformably with their mission, by the pastors of the Church. Further, it has the right to make enactments regarding the administration of the divine sacraments, and the dispositions necessary for receiving them. — Allocutions “In consistoriali,” Nov. 1, 1850, and “Maxima quidem,” June 9, 1862.
UK Coordinator, CAPPF