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have no binding force in conscience. .. indeed, the passing of such laws undermines the very nature of authority and results in shameful abuse Pacem in Terris here is relying on the authority of both Scripture and St. Thomas Since the right to command is required by the moral order and has its source in God, it follows that, if civil authorities pass laws or command anything opposed to the moral order and consequently contrary to the will of God, neither the laws made nor the authorization granted can be binding on the consciences of the citizens, since"God has more right to be obeyed than men Human law has the true nature of law only in so far as it corresponds to right reason, and in this respect it is evident that it is derived from the eternal law. In so far as it falls short of right reason, a law is said to be a wicked unjust]law; and so, lacking the true nature of law it is rather a kind of violence. John Paul ll concludes his discussion of the church's understanding of the doctrine of the conformity between the civil law and the moral law with another quote from Thomas who himself was borrowing from Augustine: [elvery law made by man can be called a law insofar as it derives from the natural law. But if it is somehow opposed to the natural law, then it is not really a law but rather a corruption of law. 36 The Pope then applies this doctrine to laws authorizing and promoting abort and euthanasia. Because such laws disregard the fundamental right to life-the source of all other rights-they are radically opposed both to the good of the individual and the common good, which it is the duty of the public authority to safeguard As such [these laws] are completely lacking in authentic juridical validity. Disregard for the right to life, precisely because it leads to the killing of the person whom society exists to serve, is what most directly conflicts with the possibility of achieving the common good. Consequently, a civil law authorizing abortion or euthanasia ceases by that very fact to be a true, morally binding civil law Abortion and euthanasia are in fact crimes that no human law can legitimize Because these acts are intrinsically unjust, laws permitting abortion or euthanasia can neither be licitly obeyed nor supported or voted for. " [A] law which violates an innocent person's natural right to life is unjust and, as such, is not valid as law. 8"There is ld.172 (quoting PACEM IN TERRIS 51) 34 Id(quoting Acts 5: 29) SUMMA THEOLOGIAE, I-ll, q. 93, a. 3, ad. 2. Pacem in Terris also cites Radio Message of Pius Xll, Christmas Eve, 1944, Acta Apostolica Sedis XXXVll, 1945, pp 5-23 EVANGELIUM VITAE, supra note 4,172( quoting SUMMA THEOLOGIAE, I-I, q. 95, a 2, c) Thomas is here quoting Augustine, De Libero Arbitrio 1, 5, 11(Non videtur esse lex, quae iusta non 37 See EVANGELIUM VITAE, supra note 4,172 ld at1906 have no binding force in conscience . . . ; indeed, the passing of such laws undermines the very nature of authority and results in shameful abuse. 33 Pacem in Terris here is relying on the authority of both Scripture and St. Thomas: Since the right to command is required by the moral order and has its source in God, it follows that, if civil authorities pass laws or command anything opposed to the moral order and consequently contrary to the will of God, neither the laws made nor the authorization granted can be binding on the consciences of the citizens, since “God has more right to be obeyed than men.”34 Human law has the true nature of law only in so far as it corresponds to right reason, and in this respect it is evident that it is derived from the eternal law. In so far as it falls short of right reason, a law is said to be a wicked [unjust] law; and so, lacking the true nature of law, it is rather a kind of violence. 35 John Paul II concludes his discussion of the church’s understanding of the doctrine of the conformity between the civil law and the moral law with another quote from Thomas, who himself was borrowing from Augustine: “[e]very law made by man can be called a law insofar as it derives from the natural law. But if it is somehow opposed to the natural law, then it is not really a law but rather a corruption of law.”36 The Pope then applies this doctrine to laws authorizing and promoting abortion and euthanasia. Because such laws disregard the fundamental right to life – the source of all other rights – they are radically opposed both to the good of the individual and the common good, which it is the duty of the public authority to safeguard: As such [these laws] are completely lacking in authentic juridical validity. Disregard for the right to life, precisely because it leads to the killing of the person whom society exists to serve, is what most directly conflicts with the possibility of achieving the common good. Consequently, a civil law authorizing abortion or euthanasia ceases by that very fact to be a true, morally binding civil law. 37 Abortion and euthanasia are, in fact, crimes that no human law can legitimize. Because these acts are intrinsically unjust, laws permitting abortion or euthanasia can neither be licitly obeyed nor supported or voted for. “[A] law which violates an innocent person’s natural right to life is unjust and, as such, is not valid as law.”38 “There is no 33 Id. ¶ 72 (quoting PACEM IN TERRIS ¶ 51). 34 Id. (quoting Acts 5:29). 35 SUMMA THEOLOGIAE, I-II, q. 93, a. 3, ad. 2. Pacem in Terris also cites Radio Message of Pius XII, Christmas Eve, 1944, Acta Apostolica Sedis XXXVII, 1945, pp. 5-23. 36 EVANGELIUM VITAE, supra note 4, ¶ 72 (quoting SUMMA THEOLOGIAE, I-II, q. 95, a. 2, c). Thomas is here quoting Augustine, De Libero Arbitrio I, 5, 11 (“Non videtur esse lex, quae iusta non fuerit.”). 37 See EVANGELIUM VITAE, supra note 4, ¶ 72. 38 Id. at ¶ 90
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