Monday, August 9, 2021

The Civil Law

 

 
 

THE CIVIL LAW

 
 
     I. Men naturally and necessarily form themselves into a society, a body with common life and common action, constituting a unity out of the multitude of its members. In every unit, whether it be individual or corporate, there is a primary divine duty of existence and self-preservation. The first necessity for the corporate life of a multitude is organization, the specialization of functions, and the appointment of some to be a center of force for the ruling and direction of all the others. Sovereignty in the first instance resides in the community generally, and is held and exercised variously according to the character of the community and the conditions of time and place. The chief exercise of sovereignty is the making of laws, and thus the civil legislative power is in accordance with natural law and the eternal law in God. It is an imitation of the divine action, a participation in the rights and authority of God. That power, whether exercised remotely by the community, or immediately by those who actually make the laws, should be used by them as agents of God entrusted with the carrying out of His will. The divine will in this connection is the maintenance of the life of the society by means that are morally good, generally beneficial, and just towards all without infringing on the private rights of any. Even in secular matters men should trace the creating and guiding hand of God, and consider what is His intention. Civil government must so far take account of God in order to its authority, stability, and efficiency in carrying out its first duty of maintaining social life.

     II. The corollary of authority is obedience; and here again our civic functions require that we should take God into account. Obedience is due in the first instance to God alone, and it is only due to men in so far as they share by delegation in the divine authority. "Be obedient to them that are your lords according to the flesh . . . not serving to the eye, as it were pleasing men, but as the servants of Christ, doing the will of God from the heart, with a good will serving, as to the Lord and not to men" (Eph. vi. 5-7). The character of civil government is further elucidated. "Let every soul be subject to higher powers; for there is no power but from God ; and those that are, are ordained of God. . . He is the minister of God to thee for good. But if thou do that which is evil, fear . . . for He is the minister of Gcd, an avenger to execute wrath upon him that doth evil"(Rom. xiii. 1, 4). These principles are very necessary as a motive to obedience and a buttress for civil authority. They secure at once the dignity of the rulers and the ruled. Human authority becomes sacred as representing that which is divine; obedience becomes, not a slavish submission to the greater force of other men, but an honor and glory as rendered willingly to the God head in its representatives.

     III. As things go at present, men have a double duty in relation to civil laws. Citizenship includes at once sovereignty and submission, contributing to the making of laws and obeying them; so that each one is called upon to act variously as the depository or agent of divine authority, and as subject to it. Each of these functions is equally honorable, equally necessary, equally binding on the conscience. If a man disregard either one of them, he is not likely to fulfil the other conscientiously and usefully. Important duties are thus laid upon all by the natural law, and so by the eternal law of God; and they must not be considered as mere duties of convention imposed by man. No one is an isolated individual; he has been made by God a member of a corporate society with special duties in that respect; and he must not abdicate his duties and rights for the sake of the virtues and the ease of individual private life. All should undertake those duties as a matter of conscience and not of ambition, and with a sense of responsibility towards men and God.