Tuesday, June 9, 2020

Civil Authority and Moral Order



On Civil Authority

Excerpt from the Encyclical of Pope John XXIII, Pacem In Terris (Peace On Earth):

Highlights and underlines are mine, not in the original.

Human society can be neither well-ordered nor prosperous without the presence of those who, invested with legal authority, preserve its institutions and do all that is necessary to sponsor actively the interests of all its members. And they derive their authority from God, for, as St. Paul teaches, "there is no power but from God".

In his commentary on this passage, St. John Chrysostom writes: "What are you saying? Is every ruler appointed by God? No, that is not what I mean, he says, for I am not now talking about individual rulers, but about authority as such. My contention is that the existence of a ruling authority—the fact that some should command and others obey, and that all things not come about as the result of blind chance—this is a provision of divine wisdom."

God has created men social by nature, and a society cannot "hold together unless someone is in command to give effective direction and unity of purpose. Hence every civilized community must have a ruling authority, and this authority, no less than society itself, has its source in nature, and consequently has God for its author."

But it must not be imagined that authority knows no bounds. Since its starting point is the permission to govern in accordance with right reason, there is no escaping the conclusion that it derives its binding force from the moral order, which in turn has God as its origin and end.

 Hence, a regime which governs solely or mainly by means of threats and intimidation or promises of reward, provides men with no effective incentive to work for the common good. And even if it did, it would certainly be offensive to the dignity of free and rational human beings. Authority is before all else a moral force. For this reason the appeal of rulers should be to the individual conscience, to the duty which every man has of voluntarily contributing to the common good. But since all men are equal in natural dignity, no man has the capacity to force internal compliance on another. Only God can do that, for He alone scrutinizes and judges the secret counsels of the heart.

Hence, representatives of the State have no power to bind men in conscience, unless their own authority is tied to God's authority, and is a participation in it.

The application of this principle likewise safeguards the dignity of citizens. Their obedience to civil authorities is never an obedience paid to them as men. It is in reality an act of homage paid to God, the provident Creator of the universe, who has decreed that men's dealings with one another be regulated in accordance with that order which He Himself has established. And we men do not demean ourselves in showing due reverence to God. On the contrary, we are lifted up and ennobled in spirit, for to serve God is to reign.

Governmental authority, therefore, is a postulate of the moral order and derives from God. Consequently, laws and decrees passed in contravention of the moral order, and hence of the divine will, can have no binding force in conscience, since "it is right to obey God rather than men ".

Indeed, the passing of such laws undermines the very nature of authority and results in shameful abuse. As St. Thomas teaches, "In regard to the second proposition, we maintain that human law has the rationale of law in so far as it is in accordance with right reason, and as such it obviously derives from eternal law. A law which is at variance with reason is to that extent unjust and has no longer the rationale of law. It is rather an act of violence."