Chapter 5: Morality and Law

OUR MORAL LIFE IN CHRIST

ANTICIPATORY SET

Read to the students the following passage from Alice in Wonderland, when Alice meets the Queen of Hearts.

Lead a short discussion on the following points: What would it be like to live in a society ruled by

someone like the Queen of Hearts? What would happen to society if laws could be

enacted or rescinded arbitrarily? What standard(s) should governments use for

creating new laws? Why is it important for the punishment to fit the

crime?

1. What is Law? (pp. 102–103)

BASIC QUESTIONS What is law?

KEY IDEAS Law is an ordinance of reason that exists for the common

good and is affirmed by legitimate authority through an official process.

1. What is Law? (pp. 102–103)

What is the purpose of law?Law exists to secure civil harmony, the common good, the protection of rights, and the enjoyment of freedom in society.What is the purpose of human government according to the Declaration of Independence?It is to secure basic rights.How is the Declaration of Independence based on the idea of natural law?The Declaration says that people possess rights according to “the Laws of Nature and Nature’s God.”What are “unalienable” rights, and why are they “unalienable,” according to the Declaration?Unalienable rights are rights that cannot be taken away. Some rights are unalienable because they are given to men “by their Creator.”

FOCUS QUESTIONS

1. What is Law? (pp. 102–103)

What is the definition of law?Law is an ordinance of reason that exists for the common good and is affirmed by legitimate authority through an official process.What does it mean to say law is an ordinance of reason?It means law is not the arbitrary decision of someone in authority but the fruit of reasoned deliberation to address the needs of the human person and society.What does it mean that the law exists for the common good?It means laws are enacted to preserve and promote the common good by regulating in fairness how people interact with one another and with the greater community.

FOCUS QUESTIONS

1. What is Law? (pp. 102–103)

What does it mean to say law is made by “legitimate” authority?It means the lawgivers must have received their power to enact laws in some just way.

What does it mean to say laws must be legislated in an official manner?It means the making of laws must follow an established protocol to ensure that those laws are officially legislated and published.

What is the ultimate source of legitimate authority?God is the source, who permits some to exercise authority over others.

FOCUS QUESTIONS

1. What is Law? (pp. 102–103)

GUIDED EXERCISE

Discuss the following questions about law:

Can you think of laws that violate any of the four conditions?What does this tell you about the difference between true law and actual human laws?

1. What is Law? (pp. 102–103)

GUIDED EXERCISE

Have the students complete the following table to “practice” with the four aspects of law.

Aspect of the Law Example of a Law How it fits the definition (or not)

Law is an ordinance of reason

A law that allows a minor girl to get an abortion without parental consent or permission.

Laws exist for the common good

A law that requires all occupants of a car to wear a seatbelt

Laws are made by those who are responsible for the care of the community

Either of the two examples above

Laws must be officially promulgated

Either of the two examples above

1. What is Law? (pp. 102–103)

Aspect of the Law Example of a Law

How it fits the definition (or not)

Law is an ordinance of reason

A law that allows a minor girl to get an abortion without parental consent or permission.

This law does not protect objective values. It is inconsistent in that the same girl would need her parents’ consent and permission to get her ears pierced or to take an aspirin at school.

Laws exist for the common good

A law that requires all occupants of a car to wear a seatbelt

Such a law would benefit the common good since deaths and injuries from car accidents would be lower. It does, however, encroach on one’s right to make decisions for oneself.

Laws are made by those who are responsible for the care of the community

Either of the two examples above

Either law, whether good or evil, needed or not, would have to be passed by a legislature.

Laws must be officially promulgated

Either of the two examples above

Either law would have to be signed by the proper executive (e.g., president or governor) and then published so the people would know it is in effect and must be obeyed.

1. What is Law? (pp. 102–103)

CLOSURE  Have the students write a definition and explanation of law, including its four aspects.

1. What is Law? (pp. 102–103)

HOMEWORK ASSIGNMENT   Study Questions 1–7 (p. 114) Practical Exercises 1–3 (p. 115) Workbook Questions 1–2 Read “Types of Law” (pp. 104–106)

1. What is Law? (pp. 102–103)

ALTERNATIVE ASSESSMENT  Have the students work with a partner to complete Practical Exercise 2, creating ten original laws to promote the common good.

(See end of chapter materials for one example.)

1. What is Law? (pp. 102–103)

ANTICIPATORY SET

Have the students write a response to the following question and then briefly discuss their answers:

Why do people tend to have no problem with the idea of physical and biological laws but deny the idea of objective moral laws?

2. Types of Law (pp. 104–106)

BASIC QUESTIONS What are the four types of law? What are the three divisions of positive law?KEY IDEAS There are four types of law: eternal law, natural law, positive

law, and the New Law. Eternal law is the plan of divine wisdom as directing all

acts and movements in the universe. The natural law is the rational creature’s participation in

the eternal law. It is the eternal law as it applies to human life.

The positive law is any law that legitimate authority formulates for the express purpose of governing.

The New Law, given by Jesus Christ, is the law commanding Christians to love one another the way Christ has loved them.

2. Types of Law (pp. 104–106)

GUIDED EXERCISE

Have the students complete the following table to “practice” with the four aspects of law.

Subtype Definition Example

2. Types of Law (pp. 104–106)

GUIDED EXERCISE

Subtype Definition ExampleDivine positive law

Law that is revealed by God through direct communication.

“Honor thy father and thy mother,” one of the Ten Commandments given by God to Moses.

Ecclesiastical positive law or canon law

Law that governs the Church in the organization of the hierarchy, in liturgical and penitential practices, and in othermatters.

“Parents are to entrust their children to those schools which provide a Catholic education. If they are unable to do this, they are obliged to take care that suitable Catholic education is provided for their children outside the schools.”(Can. 798 of Code of Canon Law)

Civil positive law

Laws enacted by civil governments for the common good.

“Beginning July 1, 2008, all drivers are prohibited from using a handheld wireless telephone while operating a motor vehicle.”

2. Types of Law (pp. 104–106)

What are the four types of law?Eternal law, natural law, positive law, and the New Law.What is eternal law?It is the plan of divine wisdom as directing all acts and movements.What is natural law?It is “the rational creature’s participation in the eternal law.” Or more simply, it is the eternal law as it applies to human life.What does it mean to say that the natural law is written within the human heart?It means that “deep down” in each person there is an innate sense of moral order, an awareness of right and wrong.

FOCUS QUESTIONS

2. Types of Law (pp. 104–106)

GUIDED EXERCISE

Conduct a focused reading of the paragraph that begins “St. Thomas’s statement . . .” (p. 104) based on the following question:

What did Plato and Aristotle speculate about the order they observed in the universe?

2. Types of Law (pp. 104–106)

GUIDED EXERCISE

Have a class discussion on what the text means by the term “intelligent design,” a term that has generated considerable controversy.

2. Types of Law (pp. 104–106)

What is positive law?A positive law is any law that legitimate authority formulates for the express purpose of governing. Any law that is formally established for a society or institution is a positive law.Why do people tend to have no problem with the idea of physical and biological laws but deny the idea of objective moral laws?The operation of physical and biological laws can be demonstrated scientifically. While the existence of objective moral law can be demonstrated by reason, some choose to ignore or reject it, because they feel it infringes on their “freedom.”What is the New Law?It is the law, given by Jesus Christ, for Christians to love one another the way Christ has loved us.

FOCUS QUESTIONS

2. Types of Law (pp. 104–106)

CLOSURE  Have the students write a concise paragraph explaining the four types of law, including the three subdivisions of positive law, with an example of each.

2. Types of Law (pp. 104–106)

HOMEWORK ASSIGNMENT   Study Questions 8–14 (p. 114) Practical Exercises 4–8 (p. 115) Workbook Questions 3–13 Read “Just Civil Law” (pp. 106–108)

2. Types of Law (pp. 104– 106)

ALTERNATIVE ASSESSMENT Part I of IIHave the students work with a partner to identify each of the following as an example of divine positive law, ecclesiastical positive law, civil positive law, or new law:

❏ Pray for your enemies. ❏ You shall not bear false witness against your

neighbor. ❏ Give without expecting repayment. ❏ Income tax laws and regulations. ❏ Fast one hour before receiving Holy Communion. ❏ Register for the draft on your eighteenth birthday. ❏ Blessed are the peacemakers, for they shall be called

the children of God.

2. Types of Law (pp. 104–106)

ALTERNATIVE ASSESSMENT Part II of II ❏ Alcohol may not be consumed by anyone under

twenty‑one years of age. ❏ Honor your father and your mother. ❏ Forgive others if we expect forgiveness for

ourselves. ❏ Protect the rights of the widow, the orphan, and the

alien. ❏ Regulations regarding the Sacrament of Matrimony

(age, proper minister, etc.). ❏ Priests remain celibate (i.e., unmarried) for the sake

of the kingdom of God.

2. Types of Law (pp. 104–106)

ALTERNATIVE ASSESSMENT Part I of II ❏ Pray for your enemies. [New Law] ❏ You shall not bear false witness against your

neighbor. [Divine positive law] ❏ Give without expecting repayment. [New Law] ❏ Income tax laws and regulations. [Civil positive

law] ❏ Fast one hour before receiving Holy Communion.

[Ecclesiastical positive law] ❏ Register for the draft on your eighteenth birthday.

[Civil positive law] ❏ Blessed are the peacemakers, for they shall be

called the children of God. [New law]

2. Types of Law (pp. 104–106)

ALTERNATIVE ASSESSMENT Part II of II ❏ Alcohol may not be consumed by anyone under

twenty‑one years of age. [Civil positive law] Honor your father and your mother. [Divine positive ❏

law] Forgive others if we expect forgiveness for ourselves. ❏

[New Law] Protect the rights of the widow, the orphan, and the ❏

alien. [Divine positive law] Regulations regarding the Sacrament of Matrimony ❏

(age, proper minister, etc.). [Ecclesiastical positive law] Priests remain celibate (i.e., unmarried) for the sake ❏

of the kingdom of God. [Ecclesiastical positive law]

2. Types of Law (pp. 104–106)

ANTICIPATORY SET

Class discussion on the following questions to introduce the idea of just and unjust laws:

❏ In the United States, courts have legalized abortion without the people ever having a vote. According to St. Thomas Aquinas, are these laws just?

❏ If there were a nationwide referendum on these two issues, and a majority of people voted in favor of abortion and “marriages” between two people of the same sex, would these laws be just or unjust?

3. Just Civil Law (pp. 106–108)

BASIC QUESTIONS What must every civil law reflect? What are the requirements for a civil law to be just? What should our attitude be toward unjust laws?

KEY IDEAS To be just or valid, every civil law must reflect some

aspect of the natural law articulated by the Ten Commandments.

A just civil law must promote the common good, reflect equality of proportion, and be in agreement with the divine law.

Laws that declare the immoral to be legal must not be obeyed.

3. Just Civil Law (pp. 106–108)

What are the conditions for a law to be just?It must promote the common good, reflect “equality of proportion,” and fall within the scope of the divine law.

What is the common good?The common good is that which shows respect for and promotion of the fundamental rights of each person; prosperity, or the development of the spiritual and temporal goods of society.

What is “equality of proportion”?The burden of the law’s fulfillment must be shared by all members of society, while taking into consideration the capacities and limitations of individuals.

FOCUS QUESTIONS

3. Just Civil Law (pp. 106–108)

GUIDED EXERCISE

Have the students complete the following table to show how selected laws relate both to the natural law and the Ten Commandments.

3. Just Civil Law (pp. 106–108)

Type of Law How a Reflection of

theNatural Law

How Related to theTen Commandments

Laws against murder

Laws against blasphemy

Laws against slander

GUIDED EXERCISE

Have the students complete the following table to show how selected laws relate both to the natural law and the Ten Commandments.

3. Just Civil Law (pp. 106–108)

Type of Law How a Reflection of

theNatural Law

How Related to theTen Commandments

Laws against murder

Every person has the right to life.

Thou shalt not kill.

Laws against blasphemy

Speaking evil of God offends his infinite goodness and dignity.

Thou shalt not take the name of the Lord thy God in vain.

Laws against slander

Slander ruins a person’s reputation and harms his or her dignity.

Thou shalt not bear false witness against thy neighbor.

GUIDED EXERCISE

Conduct a think/pair/share:

❏ What are some examples of human authority attempting to establish laws outside the divine law, and what is the validity of these laws?

3. Just Civil Law (pp. 106–108)

What does it mean that every just law derives its authority from God?Because all authority is ultimately derived from God, every law must transmit, at least in small part, what God has eternally established.

FOCUS QUESTIONS

3. Just Civil Law (pp. 106–108)

CLOSURE  Write a paragraph explaining what “equality of proportion” means.

3. Just Civil Law (pp. 106–108)

HOMEWORK ASSIGNMENT   Study Questions 15–26 (p. 114) Practical Exercises 10 (p. 115) Workbook Questions 14–18 Read “Conflicts Between Conscience and Civil

Law” through “Conclusion” (pp. 108–109)

3. Just Civil Law (pp. 106–108)

ALTERNATIVE ASSESSMENT  Lead a class discussion:

❏ We are forbidden to obey unjust laws. Practically speaking, what can we do about unjust laws that we ourselves are not breaking but other people are using to do legally sanctioned evil?

3. Just Civil Law (pp. 106–108)

ANTICIPATORY SET

In the sixteenth century, St. Thomas More was convicted of treason and executed for refusing to take an oath that declared King Henry VIII to be the head of the Church of England.

Have the students make a list of realistic situations in today’s society in which living as a witness of Christ might cause a person to suffer.

4. Conflicts Between Conscience and Civil Law (pp. 108–109)

BASIC QUESTIONS Why should there be no conflicts between conscience

and civil law? Why are there? How should conscience respond to unjust laws?KEY IDEAS Ideally, there would be no conflict between a well‑formed

conscience and just civil laws, since both are rooted in the divine law. A conflict, however, does exist between conscience and civil law when a law is unjust.

When a law is unjust, a person of conscience can respond, according to circumstances, by non‑cooperation, by active opposition, or by disobedience. In some cases a person of conscience may submit to a law rather than resist it if submission is the lesser of two evils and the person is not directly doing evil, but merely tolerating it.

4. Conflicts Between Conscience and Civil Law (pp. 108–109)

GUIDED EXERCISE

Have the class perform a focused reading on the paragraph beginning, “It is normal for a good conscience . . .” (p. 108) using the following question:

❏ Why should there be no conflict between conscience and civil law?

4. Conflicts Between Conscience and Civil Law (pp. 108–109)

GUIDED EXERCISE

Conduct a think/pair/share:

❏ This lesson deals with conflicts between conscience and civil law when the civil law is unjust. What is the other major source of conflict between the two?

4. Conflicts Between Conscience and Civil Law (pp. 108–109)

GUIDED EXERCISE

Discuss the following question:

❏ It is common to say that laws do not enslave us, but liberate us. How can this be? How can something that limits what we can do make us freer? For example, in order to get a driver’s license, we have to learn and agree to abide by hundreds of laws and regulations concerning everything from speed limits to registrations and insurance coverage. How does this make us free?

4. Conflicts Between Conscience and Civil Law (pp. 108–109)

What is one example of a conflict a Catholic with a well‑formed conscience might face against an unjust civil law today?One example could be a Catholic who works for a secular adoption agency that is required by law to permit homosexuals to adopt children.

What are the general principles Christians should follow when faced with unjust laws?They should not cooperate with an unjust law. Active opposition to unjust laws may be required. Rejection of or disobedience to unjust laws is obligatory.

FOCUS QUESTIONS

4. Conflicts Between Conscience and Civil Law (pp. 108–109)

If, after careful deliberation, a Catholic decides to disobey what he considers an unjust law, what should he expect?He should expect to suffer the consequences of the law, such as fines, loss of property, imprisonment, or even death.

What does prudence allow conscience to do in the case of “lesser matters”?Prudence allows one to choose the lesser of two evils in a case in which one is merely tolerating an evil, not directly performing one.

FOCUS QUESTIONS

4. Conflicts Between Conscience and Civil Law (pp. 108–109)

CLOSURE  Have the students write a paragraph explaining the range of options available to a Catholic with a well‑formed conscience in response to unjust laws.

4. Conflicts Between Conscience and Civil Law (pp. 108–109)

HOMEWORK ASSIGNMENT   Study Questions 27–28 (p. 114) Practical Exercise 9 (p. 115) Workbook Questions 19–20

4. Conflicts Between Conscience and Civil Law (pp. 108–109)

ALTERNATIVE ASSESSMENT  Have the students free write for five minutes on the following statement:

❏ It is always important that a concern for justice and resistance to evil be balanced with Christian love for all people and a genuine respect for civil authority.

4. Conflicts Between Conscience and Civil Law (pp. 108–109)

The End