From this it follows that every law which tends to hinder or prevent the progress of men toward God is a law against nature, and consequently null (lex injusta non est lex); for no human law can change or abrogate the natural law.
XI.—CONTINUATION: THE END OF SOCIETY ACCORDING TO THE NATURAL LAW.
The considerations of the preceding chapter have reference to man considered abstractly from society. But man cannot exist alone. For life and subsistence, during his early childhood, he has need of his kind; so that, from the first moment of his existence, he forms part of a domestic society—the family.
The family being certainly of divine institution, and the duties which it imposes being of the number of those which the natural law commands, we find therein the first elements of all society: authority, hierarchy, consequently inequality, mutual love, and protection—in a word, varied and reciprocal duties. But the family suffices not for man’s social cravings. Man naturally longs after his like; he possesses the marvellous gift of speech for communication with his fellows; he bears engraven on his heart the first precept of his duty towards them: “Do unto others that which you would have others do unto you; and do not unto them that which you would not that they do to you.” The existence of society is, therefore, still a law of nature.
Once formed, society itself has its duties; it has its proper end, which not only should not be opposed to the end of man considered singly, but should moreover contribute to facilitate the attainment of that end. The end of man being God, and this end being attainable only by virtue, the principal end of society will necessarily be to aid men in the practice of virtue; and, that I may not be accused of depending exclusively on theology, I will adduce what Aristotle has said on this subject: “The most perfect state is evidently that in which each citizen, whoever he may be, may, by favor of the laws, best practise virtue and be most secure of happiness.”[72] And what is happiness, according to Aristotle? “We consider it a point perfectly established that happiness is always in proportion to wisdom; … [for] the soul, speaking absolutely and even relatively to us, is more precious than wealth and the body.… Following the laws of nature, all exterior goods are desirable only insomuch as they serve the soul, and wise men should not desire them except for this end; whereas the soul should never be placed in comparison with them.”[73]
We are assuredly far off from this pagan, and he goes still further even than the foregoing; for he lays down as incontestable a principle which is the formal condemnation of the secularization of the law. “The elements of happiness,” says he, “are the same for the individual and for the city.”[74] We have just seen what he understands by happiness; but he adds, in order that he may be the better comprehended, that if the felicity of the individual consisted in wealth, it would be the same for the city. According to Aristotle, therefore, the moral law obliges society as it does the individual. Now, it is precisely this which the partisans of atheistical or merely secular law deny.
XII.—CHRISTIAN LAW.
I have designedly quoted the ancient philosophers, because certain diseased minds who shrink from the authority of the sacred books accept more willingly that of the learned; but I believe that from what precedes one could easily infer the true rule of the relations between church and state. I will not undertake it now; nevertheless, as I address myself, by preference, to those who profess the same faith as myself, I will take the liberty to point out to them some inevitable corollaries of the principles I have just recalled.
The natural law, properly so called, has been confirmed and completed by revelation. Although the precepts whose observance is indispensable to man to reach his end are engraven in the depths of his heart, the blindness and the evil propensities which are the consequences of his fall render him but too forgetful of his duties. Besides, God, having resolved to save man, chose to himself a privileged people, that from it he might cause the Messias to be born; and for the accomplishment of his merciful designs he guided this people and made it the guardian of his law, even to the day on which the promises were fulfilled.
To this end God charged Moses with the promulgation of a positive divine law which contained moral precepts—precepts relating to the ceremonies of the ancient worship—and political precepts; that is to say, precepts relating to the civil government of the Jewish people. The last two classes of precepts no longer oblige; but those which concern morals—that is to say, those of the Decalogue—retain all their force, because they are the precepts of the natural law.