Over the last few weeks we spoke about balancing the promotion of the common good among independent states while at the same time maintaining national sovereignty. Following from this discussion is the role of law in seeking to promote this harmony.

More importantly however, is the role of morality and its effect on law. Morality is the identification of right from wrong. 

The Church tells us that in order to ensure that there is peace among various countries and people, the morals which we as individuals ascribe to must also be applied in the international sphere. It also tells us that moral law is so clear that there should be no dissenting voices as to its applicability to situations.

“To bring about and consolidate an international order that effectively guarantees peaceful mutual relations among peoples, the same moral law that governs the life of men must also regulate relations among States: a moral law the observance of which should be inculcated and promoted by the public opinion of all the nations and of all the States with such a unanimity of voice and force that no one would dare to call it into question or to attenuate its binding force”. The universal moral law, written on the human heart, must be considered effective and indelible as the living expression of the shared conscience of humanity, a ‘grammar’ on which to build the future of the world.”

This indicates that legal systems are also moral systems. Law is an expression of one or more moral principles. Our Church insists that laws must be in sync with the moral order otherwise there will be no peace.“Universal respect of the principles underlying ‘a legal structure in conformity with the moral order’ is a necessary condition for the stability of international life.”

In an effort to ensure peace, a determination of what each nation was entitled to needed to be made.  This formed the basis for the development of international law. All of this however flowed from the moral law or natural law. What this meant is that there were universal principles that could be applied across the board despite the circumstance.

The Compendium of the Social Doctrine of the Church explains this for us: “The quest for such stability has led to the gradual elaboration of a ‘right of nations’, which can be considered as ‘the ancestor’ of international law”. 

Juridical and theological reflection, firmly based on natural law, has formulated “universal principles which are prior to and superior to the internal law of States”, such as the unity of the human race, the equal dignity of every people, the rejection of war as a means for resolving disputes, the obligation to cooperate in attaining the common good and the need to be faithful to agreements undertaken. This last principle should be especially emphasised in order to avoid “temptation to appeal to the law of force rather than to the force of law”. 

Next week we look at the Church’s position on war. 

Persons interested in purchasing the Compendium of the Social Doctrine of the Church, can contact the Justice Desk, Archbishop’s House – 622-6680. Also on sale at the Justice Desk are the Take a Bite Social Justice Programme on DVD and Responses to 101 Questions on Catholic Social Teaching.