THEO IV: Morality and the Law Flashcards

1
Q

civil government

A

the proper authority for governing and enforcing laws at the local, municipal, state, or national level

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2
Q

civil law

A

a rule of conduct imposed by civil authority; the body of such rules binding on members under the control of the authority, whether from formal enactment or custom
- consist of laws enacted by civil governments for the common good

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3
Q

common good

A

the total of social conditions that will allow both individuals and groups to reach their human and spiritual fulfillment more easily

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4
Q

divine law

A

laws explicitly communicated by God, such as the Ten Commandments or the preaching of Jesus

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5
Q

ecclesiastical positive law

A
  • the laws that direct and regulate the life and worship of the Church
  • the law that governs the Church in the organization of the hierarchy, in liturgical and penitential practices, and in other matters
  • faithfully practice the Catholic Faith
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6
Q

equality of proportion

A

principle that the burden of law must be shared by all

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7
Q

ecclesiastical government

A

The Church’s own governing bodies, such as a diocese, national bishop’s conference, or the Holy See

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8
Q

eternal law

A

God’s wisdom as a directive for all acts and movements

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9
Q

human law

A

law promulgated by human authority, either civil or ecclesiastical. In order to be legitimate, human law must be:
- consistent with laws of God
- conform to the natural law
- promote the common good of society

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10
Q

law

A

an ordinance of reason that exists for the common good, having been made by legitimate authority and legislated through an appropriate and recognized process

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11
Q

law of grace

A

the New Law ushered in by Christ

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12
Q

laws of nature

A

Descriptions of the behavior of the material universe

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13
Q

legitimate authority

A

a recognized and official authority in civil or ecclesiastical law

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14
Q

positive law

A

Laws created by the proper authority that enjoin specific obligations upon individuals and bind in conscience insofar as they conform to the dictates of the divine and natural laws

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15
Q

unjust law

A

A human law that contradicts or otherwise fails to conform to divine and natural law. Such a law is never binding on a person’s conscience and must be opposed

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16
Q

What are the requirements of law?

A
  1. ordinance of reason
  2. exist for the common good
  3. made by those in legitimate authority
  4. legislated in an official manner
17
Q

What are laws the result of?

A

Laws are the result of reasoned deliberation, not arbitrary initiative by someone in authority

18
Q

What are the 4 reasons as to why laws are necessary?

A

For:
1. civil harmony
2. common good
3. protection of rights
4. enjoyment of freedom

19
Q

Why do laws exist or are enacted?

A

Laws exist for the common good. They are enacted to promote the common good by regulating how people interact with each other and their environment

20
Q

Who has the right and obligation to make laws? Who are the only ones who can pass/enforce laws? Where does legitimate authority ultimately come from?

A
  • only those who have justly received the power to govern have the right and obligation to make laws
  • according to natural law, only those invested with legitimate authority can pass/enforce laws
  • LA ultimately comes from God
21
Q

How must laws be legislated?

A
  • in an official manner so that citizens will not be at the mercy of their rulers
22
Q

What is eternal law?

A

the plan of divine wisdom as directing all acts and movements

23
Q

Where is every law derived from?

A

God’s eternal law

24
Q

What is natural law?

A

the rational creature’s participation in the eternal law or as it applies to human life

25
Q

What is revealed law?

A

the law as revealed by God; found in the Old Law of the Old Testament and finds its fulfillment in the New Law

25
Q

What is the New Law?

A

What Jesus teaches and fulfills in the New Testament

26
Q

According to St. Thomas Aquinas, what must a law do to be just or valid?

A
  • reflect some aspect of the natural law articulated by the Ten Commandments
27
Q

What are the 3 conditions for a law to be valid and just?

A
  1. Must promote the common good
  2. Must reflect an “equality of proportion”
  3. All authority comes from God
28
Q

What 3 essential elements does the common good consists of?

A
  1. respect for/promotion of fundamental rights of a person
  2. prosperity or the development of the spiritual and temporal goods of society
  3. peace and security of the group and its members
29
Q

What does it mean for a civil law to reflect equality of proportion?

A

the burden of the law is shared by all members of society, not just some

30
Q

What must civil laws ought to express?

A
  • some facet of the natural law
  • every law must transmit what God has eternally established