natural law

Law and disobedience in the Church’s social doctrine

5684 words, 29 min read

In 2004 the Catholic Church published a key document, the Compendium of the Social Doctrine of the Church, where she sets out her teaching on all aspects of how a society ought to be ordered and of how one ought to act in a society, regardless of its ordering, for the greater good of all. The 142K word document presents a comprehensive overview of current Church teaching, with 1232 references to Scripture, the magisterial documents of the Church and to the teaching of the saints. It “is presented as an instrument for the moral and pastoral discernment of the complex events that mark our time; as a guide to inspire, at the individual and collective levels, attitudes and choices that will permit all people to look to the future with greater trust and hope; as an aid for the faithful concerning the Church’s teaching in the area of social morality.” And since complex events are indeed the order of the day, I would here like to share some key passages that stood out to me when reading the Compendium. Doing so in the wake of recent events in Catalonia, which I experienced first hand and that deeply sadden and trouble me, has resulted in following a certain thread that deals with issues of law and disobedience. With the desire to form my own conscience, I wanted to understand how the Church frames such “complex events” and even if you are not a Catholic, I hope you will find the following to be of interest. I would also wholeheartedly encourage anyone to read this document in full.

To begin with, the Church presents a social vision of freedom that is both possibility and limitation; that is gift, that is to be cultivated and whose death destroys individual and society alike:

“Freedom in fact does not have “its absolute and unconditional origin … in itself, but in the life within which it is situated and which represents for it, at one and the same time, both a limitation and a possibility. Human freedom belongs to us as creatures; it is a freedom which is given as a gift, one to be received like a seed and to be cultivated responsibly”. When the contrary is the case, freedom dies, destroying man and society.” (138)

Such freedom is best participated in with the help of a conscience that is formed in truth and that supports actions rooted in it:

“The truth concerning good and evil is recognized in a practical and concrete manner by the judgment of conscience, which leads to the acceptance of responsibility for the good accomplished and the evil committed. “Consequently in the practical judgment of conscience, which imposes on the person the obligation to perform a given act, the link between freedom and truth is made manifest. Precisely for this reason conscience expresses itself in acts of ‘judgment’ which reflect the truth about the good, and not in arbitrary ‘decisions’. The maturity and responsibility of these judgments — and, when all is said and done, of the individual who is their subject — are not measured by the liberation of the conscience from objective truth, in favour of an alleged autonomy in personal decisions, but, on the contrary, by an insistent search for truth and by allowing oneself to be guided by that truth in one’s actions”.” (139)

Truth then is accessed by means of the rationality that is universal to all humanity and that Christians identify with God himself. It demands submission to itself and insists on everyone “seeing others as equal to oneself”:

“The exercise of freedom implies a reference to a natural moral law, of a universal character, that precedes and unites all rights and duties. The natural law “is nothing other than the light of intellect infused within us by God. Thanks to this, we know what must be done and what must be avoided. This light or this law has been given by God to creation”. It consists in the participation in his eternal law, which is identified with God himself. This law is called “natural” because the reason that promulgates it is proper to human nature. It is universal, it extends to all people insofar as it is established by reason. In its principal precepts, the divine and natural law is presented in the Decalogue and indicates the primary and essential norms regulating moral life. Its central focus is the act of aspiring and submitting to God, the source and judge of everything that is good, and also the act of seeing others as equal to oneself. The natural law expresses the dignity of the person and lays the foundations of the person’s fundamental duties.” (140)

This universal, underlying rationality (natural law) is ubiquitous and even when suppressed or unrecognized, it is a force that rises again in individuals and societies:

“In the diversity of cultures, the natural law unites peoples, enjoining common principles. Although its application may require adaptations to the many different conditions of life according to place, time and circumstances, it remains immutable “under the flux of ideas and customs and supports their progress … Even when it is rejected in its very principles, it cannot be destroyed or removed from the heart of man. It always rises again in the life of individuals and societies”. Its precepts, however, are not clearly and immediately perceived by everyone.” (141)

Given its force and foundational identity, natural law is destined to be the basis of civil law. If such a link between universal rationality and juridical systems is lacking, the result impedes “true and lasting communion” in a society.

“The natural law, which is the law of God, cannot be annulled by human sinfulness. It lays the indispensable moral foundation for building the human community and for establishing the civil law that draws its consequences of a concrete and contingent nature from the principles of the natural law. If the perception of the universality of the moral law is dimmed, people cannot build a true and lasting communion with others, because when a correspondence between truth and good is lacking, “whether culpably or not, our acts damage the communion of persons, to the detriment of each”. Only freedom rooted in a common nature, in fact, can make all men responsible and enable them to justify public morality. Those who proclaim themselves to be the sole measure of realities and of truth cannot live peacefully in society with their fellow men and cooperate with them.” (142)

Being open to abuse, to being used against others instead of as a means for a gift of self, freedom is in need of purification:

“Human freedom needs therefore to be liberated. Christ, by the power of his Paschal Mystery, frees man from his disordered love of self, which is the source of his contempt for his neighbour and of those relationships marked by domination of others. Christ shows us that freedom attains its fulfilment in the gift of self. By his sacrifice on the cross, Jesus places man once more in communion with God and his neighbour.” (143)

The dignity of each human being that a distortion of the freedom of others can bring about is the basis of human rights, whose identification and proclamation the Church presents as “a true milestone on the path of humanity’s moral progress” (152):

“In fact, the roots of human rights are to be found in the dignity that belongs to each human being. This dignity, inherent in human life and equal in every person, is perceived and understood first of all by reason. The natural foundation of rights appears all the more solid when, in light of the supernatural, it is considered that human dignity, after having been given by God and having been profoundly wounded by sin, was taken on and redeemed by Jesus Christ in his incarnation, death and resurrection. The ultimate source of human rights is not found in the mere will of human beings, in the reality of the State, in public powers, but in man himself and in God his Creator. These rights are “universal, inviolable, inalienable”. Universal because they are present in all human beings, without exception of time, place or subject. Inviolable insofar as “they are inherent in the human person and in human dignity” and because “it would be vain to proclaim rights, if at the same time everything were not done to ensure the duty of respecting them by all people, everywhere, and for all people”. Inalienable insofar as “no one can legitimately deprive another person, whoever they may be, of these rights, since this would do violence to their nature”.

Human rights are to be defended not only individually but also as a whole: protecting them only partially would imply a kind of failure to recognize them.” (153-4)

Instead of applying only to individuals, human rights extend to peoples and nations too, whose rights to self-determination and free cooperation are the basis of international law:

“The field of human rights has expanded to include the rights of peoples and nations: in fact, “what is true for the individual is also true for peoples”. The Magisterium points out that international law “rests upon the principle of equal respect for States, for each people’s right to self-determination and for their free cooperation in view of the higher common good of humanity”. Peace is founded not only on respect for human rights but also on respect for the rights of peoples, in particular the right to independence.

The rights of nations are nothing but “‘human rights’ fostered at the specific level of community life”. A nation has a “fundamental right to existence”, to “its own language and culture, through which a people expresses and promotes … its fundamental spiritual ‘sovereignty”’, to “shape its life according to its own traditions, excluding, of course, every abuse of basic human rights and in particular the oppression of minorities”, to “build its future by providing an appropriate education for the younger generation”. The international order requires a balance between particularity and universality, which all nations are called to bring about, for their primary duty is to live in a posture of peace, respect and solidarity with other nations.” (157)

In this context, the task of political authority is to support the striving for the common good that is attainable at any one moment in any one place:

“The responsibility for attaining the common good, besides falling to individual persons, belongs also to the State, since the common good is the reason that the political authority exists. The State, in fact, must guarantee the coherency, unity and organization of the civil society of which it is an expression, in order that the common good may be attained with the contribution of every citizen. The individual person, the family or intermediate groups are not able to achieve their full development by themselves for living a truly human life. Hence the necessity of political institutions, the purpose of which is to make available to persons the necessary material, cultural, moral and spiritual goods. The goal of life in society is in fact the historically attainable common good.” (168)

The legal dimension of the Church’s social teaching is introduced by reflecting on Jesus’ relationship with temporal authority, which is selective in that he recognizes its partial legitimacy, directed towards service, while refusing its power when despotic:

“Jesus refuses the oppressive and despotic power wielded by the rulers of the nations (cf. Mk 10:42) and rejects their pretension in having themselves called benefactors (cf. Lk 22:25), but he does not directly oppose the authorities of his time. In his pronouncement on the paying of taxes to Caesar (cf. Mk 12:13-17; Mt 22:15-22; Lk 20:20-26), he affirms that we must give to God what is God’s, implicitly condemning every attempt at making temporal power divine or absolute: God alone can demand everything from man. At the same time, temporal power has the right to its due: Jesus does not consider it unjust to pay taxes to Caesar. […] As his disciples are discussing with one another who is the greatest, Jesus teaches them that they must make themselves least and the servants of all (cf. Mk 9:33- 35), showing to the sons of Zebedee, James and John, who wish to sit at His right hand, the path of the cross (cf. Mk 10:35-40; Mt 20:20-23).” (379)

When consistent with conscience, compliance with legitimate authority is a good, while freedom directed at selfish ends an evil:

“Submission, not passive but “for the sake of conscience” (Rom 13:5), to legitimate authority responds to the order established by God. Saint Paul defines the relationships and duties that a Christian is to have towards the authorities (cf. Rom 13:1-7). He insists on the civic duty to pay taxes: “Pay all of them their dues, taxes to whom taxes are due, revenue to whom revenue is due, fear to whom fear is due, respect to who respect is due” (Rom 13:7). The Apostle certainly does not intend to legitimize every authority so much as to help Christians to “take thought for what is noble in the sight of all” (Rom 12:17), including their relations with the authorities, insofar as the authorities are at the service of God for the good of the person (cf. Rom 13:4; 1 Tim 2:1-2; Tit 3:1) and “to execute [God’s] wrath on the wrongdoer” (Rom 13:4).

Saint Peter exhorts Christians to “be subject for the Lord’s sake to every human institution” (1 Pet 2:13). The king and his governors have the duty “to punish those who do wrong and to praise those who do right” (1 Pet 2:14). This authority of theirs must be “honoured” (1 Pet 2:17), that is, recognized, because God demands correct behaviour that will “silence the ignorance of foolish men” (1 Pet 2:15). Freedom must not be used as a pretext for evil but to serve God (cf. 1 Pet 2:16). It concerns free and responsible obedience to an authority that causes justice to be respected, ensuring the common good.” (380)

The Church then has harsh words for authority that places itself above “the limits willed by God” (which coincide with natural law, i.e., universal rationality):

“When human authority goes beyond the limits willed by God, it makes itself a deity and demands absolute submission; it becomes the Beast of the Apocalypse, an image of the power of the imperial persecutor “drunk with the blood of the saints and the blood of the martyrs of Jesus” (Rev 17:6). The Beast is served by the “false prophet” (Rev 19:20), who, with beguiling signs, induces people to adore it. […] Before such a power, Saint John suggests the resistance of the martyrs; in this way, believers bear witness that corrupt and satanic power is defeated, because it no longer has any authority over them.” (382)

Instead, authority is called to have regard for human freedom and peace rather than be domination:

“Christ reveals to human authority, always tempted by the desire to dominate, its authentic and complete meaning as service. God is the one Father, and Christ the one Teacher, of all mankind, and all people are brothers and sisters. Sovereignty belongs to God. The Lord, however, “has not willed to reserve to himself all exercise of power. He entrusts to every creature the functions it is capable of performing, according to the capacities of its own nature. This mode of governance ought to be followed in social life. The way God acts in governing the world, which bears witness to such great regard for human freedom, should inspire the wisdom of those who govern human communities. They should behave as ministers of divine providence”. The biblical message provides endless inspiration for Christian reflection on political power, recalling that it comes from God and is an integral part of the order that he created. This order is perceived by the human conscience and, in social life, finds its fulfilment in the truth, justice, freedom and solidarity that bring peace.” (383)

Next, a strong emphasis is placed on the social and political anthropology of the human person, who is fulfilled when open to others and to the Transcendent:

“The human person is the foundation and purpose of political life. Endowed with a rational nature, the human person is responsible for his own choices and able to pursue projects that give meaning to life at the individual and social level. Being open both to the Transcendent and to others is his characteristic and distinguishing trait. Only in relation to the Transcendent and to others does the human person reach the total and complete fulfilment of himself. This means that for the human person, a naturally social and political being, “social life is not something added on” but is part of an essential and indelible dimension.

The political community originates in the nature of persons, whose conscience “reveals to them and enjoins them to obey” the order which God has imprinted in all his creatures: “a moral and religious order; and it is this order — and not considerations of a purely extraneous, material order — which has the greatest validity in the solution of problems relating to their lives as individuals and as members of society, and problems concerning individual States and their interrelations”. This order must be gradually discovered and developed by humanity. The political community, a reality inherent in mankind, exists to achieve an end otherwise unobtainable: the full growth of each of its members, called to cooperate steadfastly for the attainment of the common good, under the impulse of their natural inclinations towards what is true and good.” (384)

Such humans then form peoples, who are free to express their political choices for the common good and whose members maintain their autonomy:

“The political community finds its authentic dimension in its reference to people: “it is and should in practice be the organic and organizing unity of a real people”. The term “a people” does not mean a shapeless multitude, an inert mass to be manipulated and exploited, but a group of persons, each of whom — “at his proper place and in his own way” — is able to form its own opinion on public matters and has the freedom to express its own political sentiments and to bring them to bear positively on the common good. A people “exists in the fullness of the lives of the men and women by whom it is made up, each of whom … is a person aware of his own responsibilities and convictions”. Those who belong to a political community, although organically united among themselves as a people, maintain an irrepressible autonomy at the level of personal existence and of the goals to be pursued.” (385)

Peoples then, in general, are nations, or minorities in other nations’ states who may strive for greater autonomy or independence, when “dialogue and negotiation are the path for attaining peace”:

“For every people there is in general a corresponding nation, but for various reasons national boundaries do not always coincide with ethnic boundaries. Thus the question of minorities arises, which has historically been the cause of more than just a few conflicts. The Magisterium affirms that minorities constitute groups with precise rights and duties, most of all, the right to exist, which “can be ignored in many ways, including such extreme cases as its denial through overt or indirect forms of genocide”. Moreover, minorities have the right to maintain their culture, including their language, and to maintain their religious beliefs, including worship services. In the legitimate quest to have their rights respected, minorities may be driven to seek greater autonomy or even independence; in such delicate circumstances, dialogue and negotiation are the path for attaining peace. In every case, recourse to terrorism is unjustifiable and damages the cause that is being sought. Minorities are also bound by duties, among which, above all, is working for the common good of the State in which they live. In particular, “a minority group has the duty to promote the freedom and dignity of each one of its members and to respect the decisions of each one, even if someone were to decide to adopt the majority culture”.” (387)

The purpose, then of political authority is coordination and direction at the service of integral human growth, which – when “exercised within the limits of morality and on behalf of the dynamically conceived common good, […] citizens are conscience-bound to obey”:

“Political authority must guarantee an ordered and upright community life without usurping the free activity of individuals and groups but disciplining and orienting this freedom, by respecting and defending the independence of the individual and social subjects, for the attainment of the common good. Political authority is an instrument of coordination and direction by means of which the many individuals and intermediate bodies must move towards an order in which relationships, institutions and procedures are put at the service of integral human growth. Political authority, in fact, “whether in the community as such or in institutions representing the State, must always be exercised within the limits of morality and on behalf of the dynamically conceived common good, according to a juridical order enjoying legal status. When such is the case citizens are conscience-bound to obey”.” (394)

The subject of political authority is the people, who retain sovereignty even when they elect representatives, whom they subsequently may replace.

“The subject of political authority is the people considered in its entirety as those who have sovereignty. In various forms, this people transfers the exercise of sovereignty to those whom it freely elects as its representatives, but it preserves the prerogative to assert this sovereignty in evaluating the work of those charged with governing and also in replacing them when they do not fulfil their functions satisfactorily. Although this right is operative in every State and in every kind of political regime, a democratic form of government, due to its procedures for verification, allows and guarantees its fullest application. The mere consent of the people is not, however, sufficient for considering “just” the ways in which political authority is exercised.” (395)

Such authority derives power from morality directed towards the common good.

“Authority must be guided by the moral law. All of its dignity derives from its being exercised within the context of the moral order, “which in turn has God for its first source and final end”. Because of its necessary reference to the moral order, which precedes it and is its basis, and because of its purpose and the people to whom it is directed, authority cannot be understood as a power determined by criteria of a solely sociological or historical character. […] It is from the moral order that authority derives its power to impose obligations and its moral legitimacy, not from some arbitrary will or from the thirst for power, and it is to translate this order into concrete actions to achieve the common good.” (396)

For authority to avoid becoming a mere “pragmatic regulation of different and opposing interest” it must retain its roots in natural law.

“Authority must recognize, respect and promote essential human and moral values. These are innate and “flow from the very truth of the human being and express and safeguard the dignity of the person; values which no individual, no majority and no State can ever create, modify or destroy”. These values do not have their foundation in provisional and changeable “majority” opinions, but must simply be recognized, respected and promoted as elements of an objective moral law, the natural law written in the human heart (cf. Rom 2:15), and as the normative point of reference for civil law itself. If, as a result of the tragic clouding of the collective conscience, scepticism were to succeed in casting doubt on the basic principles of the moral law, the legal structure of the State itself would be shaken to its very foundations, being reduced to nothing more than a mechanism for the pragmatic regulation of different and opposing interests.” (397)

As a result, for authority to be and remain legitimate, it must enact just laws. As soon as unjust laws are pursued, they cease to be laws themselves (becoming violence) and delegitimize authority.

“Authority must enact just laws, that is, laws that correspond to the dignity of the human person and to what is required by right reason. “Human law is law insofar as it corresponds to right reason and therefore is derived from the eternal law. When, however, a law is contrary to reason, it is called an unjust law; in such a case it ceases to be law and becomes instead an act of violence”. Authority that governs according to reason places citizens in a relationship not so much of subjection to another person as of obedience to the moral order and, therefore, to God himself who is its ultimate source. Whoever refuses to obey an authority that is acting in accordance with the moral order “resists what God has appointed” (Rom 13:2). Analogously, whenever public authority — which has its foundation in human nature and belongs to the order pre-ordained by God — fails to seek the common good, it abandons its proper purpose and so delegitimizes itself.” (398)

Refusing to obey unjust laws is not only a right, but a duty and it can be overruled neither by arguments about the freedom of others nor by being required by civil law.

“Citizens are not obligated in conscience to follow the prescriptions of civil authorities if their precepts are contrary to the demands of the moral order, to the fundamental rights of persons or to the teachings of the Gospel. Unjust laws pose dramatic problems of conscience for morally upright people: when they are called to cooperate in morally evil acts they must refuse. Besides being a moral duty, such a refusal is also a basic human right which, precisely as such, civil law itself is obliged to recognize and protect. “Those who have recourse to conscientious objection must be protected not only from legal penalties but also from any negative effects on the legal, disciplinary, financial and professional plane”.

It is a grave duty of conscience not to cooperate, not even formally, in practices which, although permitted by civil legislation, are contrary to the Law of God. Such cooperation in fact can never be justified, not by invoking respect for the freedom of others nor by appealing to the fact that it is foreseen and required by civil law. No one can escape the moral responsibility for actions taken, and all will be judged by God himself based on this responsibility (cf. Rom 2:6; 14:12).” (399)

A direct consequence then is the legitimacy of resistance to civil (positive) law that is in contradiction with natural law (i.e., universal rationality), with the objective of change.

“Recognizing that natural law is the basis for and places limits on positive law means admitting that it is legitimate to resist authority should it violate in a serious or repeated manner the essential principles of natural law. Saint Thomas Aquinas writes that “one is obliged to obey … insofar as it is required by the order of justice”. Natural law is therefore the basis of the right to resistance.

There can be many different concrete ways this right may be exercised; there are also many different ends that may be pursued. Resistance to authority is meant to attest to the validity of a different way of looking at things, whether the intent is to achieve partial change, for example, modifying certain laws, or to fight for a radical change in the situation.” (400)

Here there is a powerful preference for passive resistance and it is only under extreme, specific conditions (all applying simultaneously) that armed resistance could be deemed legitimate:

“The Church’s social doctrine indicates the criteria for exercising the right to resistance: “Armed resistance to oppression by political authority is not legitimate, unless all the following conditions are met: 1) there is certain, grave and prolonged violation of fundamental rights, 2) all other means of redress have been exhausted, 3) such resistance will not provoke worse disorders, 4) there is well-founded hope of success; and 5) it is impossible reasonably to foresee any better solution”. Recourse to arms is seen as an extreme remedy for putting an end to a “manifest, long-standing tyranny which would do great damage to fundamental personal rights and dangerous harm to the common good of the country”. The gravity of the danger that recourse to violence entails today makes it preferable in any case that passive resistance be practised, which is “a way more conformable to moral principles and having no less prospects for success”.” (401)

Having focused on circumstances where being at odds with political and juridical power is right and duty, it is important to also recognize the good they may represent, always in function of the people they serve:

“The Magisterium recognizes the importance of national sovereignty, understood above all as an expression of the freedom that must govern relations between States. Sovereignty represents the subjectivity of a nation, in the political, economic, social and even cultural sense. The cultural dimension takes on particular importance as a source of strength in resisting acts of aggression or forms of domination that have repercussions on a country’s freedom. Culture constitutes the guarantee for the preservation of the identity of a people and expresses and promotes its spiritual sovereignty.

National sovereignty is not, however, absolute. Nations can freely renounce the exercise of some of their rights in view of a common goal, in the awareness that they form a “family of nations” where mutual trust, support and respect must prevail. In this perspective, special attention should be given to the fact that there is still no international agreement that adequately addresses “the rights of nations”, the preparation of which could profitably deal with questions concerning justice and freedom in today’s world.” (435)

The Church also insists on the importance of negotiation and dialogue when tensions among political communities arise and denounces not only the use but even the threat of force.

“To resolve the tensions that arise among different political communities and can compromise the stability of nations and international security, it is indispensable to make use of common rules in a commitment to negotiation and to reject definitively the idea that justice can be sought through recourse to war. “If war can end without winners or losers in a suicide of humanity, then we must repudiate the logic which leads to it: the idea that the effort to destroy the enemy, confrontation and war itself are factors of progress and historical advancement”.

Not only does the Charter of the United Nations ban recourse to force, but it rejects even the threat to use force. This provision arose from the tragic experience of the Second World War. During that conflict the Magisterium did not fail to identify certain indispensable factors for building a renewed international order: the freedom and territorial integrity of each nation, defence of the rights of minorities, an equitable sharing of the earth’s resources, the rejection of war and an effective plan of disarmament, fidelity to agreements undertaken and an end to religious persecution.” (438)

For conflicts at the level of nations to be resolved peacefully, “international law must ensure that the law of the more powerful does not prevail.”

“In order to consolidate the primacy of law, the principle of mutual confidence is of the utmost importance. In this perspective, normative instruments for the peaceful resolution of controversies must be reformulated so as to strengthen their scope and binding force. Processes of negotiation, mediation, conciliation and arbitration that are provided for in international law must be supported with the creation of “a totally effective juridical authority in a peaceful world”. Progress in this direction will allow the international community to be seen no longer as a simple aggregation of States in various moments of their existence, but as a structure in which conflicts can be peacefully resolved. “As in the internal life of individual States … a system of private vendetta and reprisal has given way to the rule of law, so too a similar step forward is now urgently needed in the international community”. In short, “international law must ensure that the law of the more powerful does not prevail”.” (439)

Finally, the Church returns to denouncing the evil of violence yet again, and calls for a safeguarding of human rights, even at the cost of ridicule.

“Violence is never a proper response. With the conviction of her faith in Christ and with the awareness of her mission, the Church proclaims “that violence is evil, that violence is unacceptable as a solution to problems, that violence is unworthy of man. Violence is a lie, for it goes against the truth of our faith, the truth of our humanity. Violence destroys what it claims to defend: the dignity, the life, the freedom of human beings”.

The contemporary world too needs the witness of unarmed prophets, who are often the objects of ridicule. “Those who renounce violence and bloodshed and, in order to safeguard human rights, make use of those means of defence available to the weakest, bear witness to evangelical charity, provided they do so without harming the rights and obligations of other men and societies. They bear legitimate witness to the gravity of the physical and moral risk of recourse to violence, with all its destruction and death”.” (496)

I hope that following this thread through the Compendium of the Social Doctrine of the Church has been of interest to you and that it has presented a useful framework for considering complex and challenging situations, like the one that is currently the case in Catalonia. It should be obvious that the Church does not push for one solution or another, but that she insists on the pursuit of the common good, on respecting the dignity and ultimate value of each person, on the application of universal rationality, on the posture of service instead of domination, on the denunciation of violence and on the need for dialogue and the protection of minorities.

Last year’s Synod on the Family lamented an almost universal lack of understanding of the concept of “natural law” among the faithful, a principle that the Church relies on for the bulk of its moral teaching, which she sees as being shared by all of humanity. Her teaching on marriage and on human reproduction makes copious reference to the natural law, as does her social teaching. As a result, I would here like to review the foundations of what natural law is, how it fits into the bigger picture of the Church’s teaching and how access to it works. Since, like any aspect of the Church’s teaching, the understanding and consequences of natural law develop over time, let me look at a couple of sources in chronological order, starting with Aristotle and arriving at the current, 1993 Catechism.

Aristotle, in his Rhetoric points to a distinction between societal laws and laws that derive from nature and that supersede the conventions of a society. While doing so, he refers to examples from Greek literature that already at his time were “classics”:

“Universal law is the law of Nature. For there really is, as every one to some extent divines, a natural justice and injustice that is binding on all men, even on those who have no association or covenant with each other. It is this that Sophocles’ Antigone clearly means when she says that the burial of Polyneices was a just act in spite of the prohibition: she means that it was just by nature: “Not of to-day or yesterday it is, But lives eternal: none can date its birth.”

And so Empedocles, when he bids us kill no living creature, says that doing this is not just for some people while unjust for others: “Nay, but, an all-embracing law, through the realms of the sky Unbroken it stretcheth, and over the earth’s immensity.””

St. Augustine then emphasizes three very interesting things about natural law. First, that it relates to the orderedness of the universe (which is also its basis of intelligibility and of rationality in general):

“Therefore, let me explain briefly, as well as I can put it in words, the notion of that eternal law which is impressed upon our nature: ‘It is that law in virtue of which it is just that all things exist in perfect order.’” (De libero arbitrio, 1.8.18.)

Second, that such ontological order translates to a rational one and that acting in accordance with it leads to a well-ordered and fulfilled life:

“From this ineffable and sublime arrangement of affairs, then, which is accomplished by divine providence, a natural law [naturalis lex] is, so to speak, inscribed upon the rational soul, so that in the very living out of this life and in their earthly activities people might hold to the tenor of such dispensations.” (De Diversis Questionibus Octoginta Tribus)

“Whatever sets man above the beast, whether we call it ‘mind’ [mens] or ’spirit’ [spiritus] or, more correctly, both since we find both terms in Scriptures, if this rules over and commands the other parts that make up man, then man’s life is in perfect order … We are to think of a man well-ordered, therefore, when his reason rules over these movements of the soul, for we must not speak of right order, of or order at all, when the more perfect is made subject to the less perfect … It follows, therefore, that when reason, [ratio] or mind [mens], or spirit [spiritus], rules over the irrational movements of the soul, then that is in control in man which ought to be, by virtue of the law which we found to be eternal.” (De libero arbitrio, 1.8.18.)

Here the idea of a right order seems particularly well aligned also with the first (and again last) step of the Buddha’s Eightfold Path, which is right understanding and about which he says that it is “a knowledge and vision of things as they really are”.

Third, St. Augustine – rooted in St. Paul – is also very clear about natural law being accessible to all, regardless of their beliefs and he even goes as far as to recognize its knowledge in the “ungodly”:

“For who but God has written the law of nature (naturale legem) in the hearts of men? that law concerning which the apostle says: “For when the Gentiles, which have not the law, do by nature the things contained in the law, these, having not the law, are a law unto themselves: which show the work of the law written in their hearts, their conscience also bearing them witness and their thoughts the meanwhile accusing or else excusing one another, in the day when the Lord shall judge the secrets of men.” [Rom. 2:14-16] And therefore, as in the case of every rational soul, which thinks and reasons, even though blinded by passion, we attribute whatever in its reasoning is true, not to itself but to the very light of truth by which, however faintly, it is according to its capacity illuminated, so as to perceive some measure of truth by its reasoning.” (Commentary on the Sermon on the Mount)

“For hence it is that even the ungodly think of eternity, and rightly blame and rightly praise many things in the morals of men. And by what rules do they thus judge, except by those wherein they see how men ought to live, even though they themselves do not so live? And where do they see these rules? For they do not see them in their own [moral] nature; since no doubt these things are to be seen by the mind, and their minds are confessedly changeable, but these rules are seen as unchangeable by him who can see them at all; nor yet in the character of their own mind, since these rules are rules of righteousness, and their minds are confessedly unrighteous. Where indeed are these rules written, wherein even the unrighteous recognizes what is righteous, wherein he discerns that he ought to have what he himself has not? Where, then, are they written, unless in the book of that Light which is called Truth? Whence every righteous law is copied and transferred (not by migrating to it, but by being as it were impressed upon it) to the heart of the man that works righteousness; as the impression from a ring passes into the wax, yet does not leave the ring.” (De Trinitate, 14.15.21.)

St. Augustine paints a picture of great harmony here: the universe is ordered, reason recognizes that order and even those who do not live in sync with it understand that there is an order that is proper to human conduct and that is inscribed in nature.

Next, St. Thomas Aquinas develops the concept of natural law by thinking of it as a rational agent’s participation in God’s eternal reason:

“All things partake somewhat of the eternal law, insofar as, namely, from its being imprinted upon them, they derive their respective inclinations to their proper acts and ends. Now among all others, the rational creature is subject to divine providence in a more excellent way, insofar as it partakes of a share of providence, by being provident for itself and for others. Wherefore it has a share of the eternal reason, whereby it has a natural inclination to its proper act and end, and this participation of the eternal law in the rational creature is called the natural law.” (Summa q91, a2 (p20))

Going beyond just the concept of Natural Law, Thomas Aquinas takes a stab at spelling out its “first principles” as being the following: that good is to be done and pursued, and evil is to be avoided, that life is to be preserved, that one is to reproduce and raise one’s offspring and that knowledge and life in society are to be pursued:

“Whatever the practical reason naturally apprehends as man’s good (or evil) belongs to the precepts of natural law as something to be done or avoided. […]

All those things to which man has a natural inclination are naturally apprehended by reason as being good and, consequently, as objects of pursuit, and their contraries as evil and objects of avoidance. […] Wherefore the order of the precepts of the natural law is according to the order of natural inclinations.”

What is interesting here is that, in addition to the orderedness of reality being reflected in our understanding of it that St. Augustine spoke of, St. Thomas adds to it also a link to our inclinations, making being, understanding and desire all aligned with each other. Even though St. Thomas already speaks about limits to the understanding of natural law, and gives examples of it being overridden in some societies (e. g., “theft, although it is expressly contrary to the natural law, was not considered wrong among the Germans, as Julius Caesar relates.”), the overall picture is one of all-encompassing harmony.

In 1888 Pope Leo XIII picks up the subject of natural law in the context of his encyclical entitled Libertas (“freedom”). There he first challenges the notion of freedom being opposed to an adherence to laws, which he in turn equates with reason:

“Nothing more foolish can be uttered or conceived than the notion that, because man is free by nature, he is therefore exempt from law. Were this the case, it would follow that to become free we must be deprived of reason; whereas the truth is that we are bound to submit to law precisely because we are free by our very nature.”

Leo XIII then defines natural law as follows, identifying it again with reason:

“natural law […] is written and engraved in the mind of every man; and this is nothing but our reason, commanding us to do right and forbidding sin.”

and proceeds to elaborate on how God helps us to adhere to it in a way that does not cancel our freedom:

“To this rule of action and restraint of evil God has vouchsafed to give special and most suitable aids for strengthening and ordering the human will. The first and most excellent of these is the power of His divine grace, whereby the mind can be enlightened and the will wholesomely invigorated and moved to the constant pursuit of moral good, so that the use of our inborn liberty becomes at once less difficult and less dangerous. Not that the divine assistance hinders in any way the free movement of our will; just the contrary, for grace works inwardly in man and in harmony with his natural inclinations, since it flows from the very Creator of his mind and will, by whom all things are moved in conformity with their nature.”

The need for help with discerning natural law is also underlined in Pope Pius XII’s 1950 encyclical Humani Generis, where he writes:

“[T]he human intellect, in gaining the knowledge of such truths is hampered both by the activity of the senses and the imagination, and by evil passions arising from original sin. Hence men easily persuade themselves in such matters that what they do not wish to believe is false or at least doubtful.”

And with that we arrive at the Church’s present understanding of natural law, which is clearly set out in the current Catechism. There human rationality (which already to St. Augustine was key) is presented as the interface with the natural law [note also the referring to humans as animals, consistent with evolutionary continuity]:

“Alone among all animate beings, man can boast of having been counted worthy to receive a law from God: as an animal endowed with reason, capable of understanding and discernment, he is to govern his conduct by using his freedom and reason, in obedience to the One who has entrusted everything to him.” (§1951)

“Man participates in the wisdom and goodness of the Creator who gives him mastery over his acts and the ability to govern himself with a view to the true and the good. The natural law expresses the original moral sense which enables man to discern by reason the good and the evil, the truth and the lie.” (§1954)

The aims of natural law, it’s subsisting in reason and being accessible universally are spelled out next:

“The natural law states the first and essential precepts which govern the moral life. It hinges upon the desire for God and submission to him, who is the source and judge of all that is good, as well as upon the sense that the other is one’s equal. Its principal precepts are expressed in the Decalogue. This law is called “natural,” not in reference to the nature of irrational beings, but because reason which decrees it properly belongs to human nature. […] The natural law is nothing other than the light of understanding placed in us by God; through it we know what we must do and what we must avoid. God has given this light or law at the creation.” (§1955)

“The natural law, present in the heart of each man and established by reason, is universal in its precepts and its authority extends to all men. It expresses the dignity of the person and determines the basis for his fundamental rights and duties.” (§1956)

The Catechism then picks up on St. Thomas Aquinas’ point about variation in the application of natural law and presents a particularly useful way of looking at how our varying understanding of natural law differs from the immutable natural law itself (a relationship akin to that between science and the laws of nature):

“Application of the natural law varies greatly; it can demand reflection that takes account of various conditions of life according to places, times, and circumstances. Nevertheless, in the diversity of cultures, the natural law remains as a rule that binds men among themselves and imposes on them, beyond the inevitable differences, common principles.” (§1957)

“The natural law is immutable and permanent throughout the variations of history; it subsists under the flux of ideas and customs and supports their progress. The rules that express it remain substantially valid. Even when it is rejected in its very principles, it cannot be destroyed or removed from the heart of man. It always rises again in the life of individuals and societies.” (§1958)

While the Christian sources cited so far all speak about a close link between natural law and divine law, the vast majority of what they assert about it can, in my opinion, be considered even in the absence of theist beliefs and depends only on whether moral values can be discerned by reason or whether they are all solely the result of social convention or individual choice. E.g., whether the goodness of treating men and women equally can be arrived at by the use of reason alone or whether it is solely the result of a social contract. Whether we could all just agree on its opposite tomorrow or whether the rational appeal of it would persist against social consensus.

This is a question that has been controversial for centuries and I won’t even attempt to do it justice here, skipping even Hume’s famous distinction between is and ought (i.e., that what is (e.g., as in human nature) has no normative power), and I’ll just conclude with presenting a pair of opposite assessments of natural law from the atheist perspective.

The first is Mark Murphy’s flat-out declaration of their incompatibility in the Stanford Encyclopedia of Philosophy:

“If Aquinas’s view is paradigmatic of the natural law position, and these two theses — that from the God’s-eye point of view, it is law through its place in the scheme of divine providence, and from the human’s-eye point of view, it constitutes a set of naturally binding and knowable precepts of practical reason — are the basic features of the natural law as Aquinas understands it, then it follows that paradigmatic natural law theory is incompatible with several views in metaphysics and moral philosophy. On the side of metaphysics, it is clear that the natural law view is incompatible with atheism: one cannot have a theory of divine providence without a divine being.”

To me this sounds a bit tautological though in that it can be read as saying: the way St. Thomas Aquinas speaks about natural law is theist, therefore there is no atheist way of positing natural law. It does not engage with considering whether those aspects of Aquinas’ thought on natural law that are not theist (i.e., “human’s-eye point of view”) don’t also make sense in isolation (and would argue that they do).

Second, Murray Rothbard’s rebuttal of such a facile opposition to the concept of human nature in atheist thought, arguing precisely from a perspective of humans being just as much part of the material world as atoms, molecules and stones, all of which have specific shared features.

“It is indeed puzzling that so many modern philosophers should sniff at the very term “nature” as an injection of mysticism and the supernatural. An apple, let fall, will drop to the ground; this we all observe and acknowledge to be in the nature of the apple (as well as the world in general). Two atoms of hydrogen combined with one of oxygen will yield one molecule of water — behavior that is uniquely in the nature of hydrogen, oxygen, and water. There is nothing arcane or mystical about such observations. Why then cavil at the concept of “nature”? […] And yet, if apples and stones and roses each have their specific natures, is man the only entity, the only being, that cannot have one? And if man does have a nature, why cannot it too be open to rational observation and reflection? If all things have natures, then surely man’s nature is open to inspection; the current brusque rejection of the concept of the nature of man is therefore arbitrary and a priori.”

Considering all of the above, I believe there is a basis for recognizing that humans have rational access to innate moral values, from which normative laws can be derived. This does not necessitate a belief in a superhuman source of such laws (although for a Christian such a belief has added incentives for discernment and adherence) or a belief that those laws are perfectly and unchangeably known. In fact, the Church too recognizes that the natural law is not immediately accessible and that it subsists beneath our attempts to elucidate it, attempts that because of this alone need to continue and may yield evolving results. All that a subscription to the concept of natural law entails is a belief to there being values that derive from who humans are rather that only from our arbitrary consensus.