How does a government maintain order without falling into tyranny (order without reason) or chaos (lack of order)? When citizens do not fulfill their duties and vindicate their rights, power tends to corrupt over time. Building on what we’ve learned about God’s authority and the goal of true freedom, we can ask: what is the role that law should play in our society?

   St. Thomas Aquinas defined law as “an ordinance of reason for the common good, made by him who has care of the community, and promulgated” (STh I-II.90.4). Breaking that apart into its component parts, law must be in accord with reason. God’s eternal law governs the universe in accord with his wisdom. It is manifested in two ways: the natural law written into the human heart, and the divine law that God reveals for the benefit of humankind. These two sources should ground any civil law that results. Governance based on reason and the natural law succeeds where the arbitrary whims of a ruler or majority fails. It is stable over time and benefits the whole much better than the rollercoaster ride of partisan politics. Because God is the ultimate source of all authority, human laws only carry moral weight when they align with God’s divine law. If they are manifestly unjust or unreasonable, they have no binding force and are not laws at all (so say St. Augustine, St. Thomas Aquinas, and others).

   Secondly, laws are made for the common good. Their purpose is to establish the conditions necessary for the flourishing of the whole of society. Their goal is not to level every playing field or redistribute everything equally, but to make flourishing possible by setting up rules of conduct. The state protects the moral power of citizens to do what is right by providing a stable legal framework. As one example, without the ability to enforce contracts, no one could enter business. We’ve spoken enough about the common good to make it clear why laws serve it.

   Thirdly, laws are made by him (or her) who has care of the community. Parents make laws for their household, cities make laws for its citizens, all the way up to the federal government. Here we distinguish the medieval conditions of Thomas Aquinas (where monarchs legislated, executed, and judged the land’s laws) from the threefold republican system of government present in the USA. The branch charged with legislating (making laws) is unsurprisingly the Legislature, known as Congress. Congress, representing the people in the closest way, has care of the communities it serves, and must make laws benefitting the common good. Presidents and judges make sure those laws are executed properly, but they must not usurp the proper role that Congress plays. Finally, a law must be promulgated. Threats of a law, drafts of a law, rumors of a law do not have any force. It must be official.

   From what we’ve said in this series, it’s clear that the State is sovereign in its sphere and can make laws for the common good, but must respect the authority of the Church. Faithful Catholics must obey all laws that do not contradict the natural or divine law. They have the right to resist and protest when civil laws conflict with God’s law. Good laws provide a foundation for each family (the smallest cell of society) to flourish. We’ll speak more about the family’s role next week!

   -Fr. Stephen