Grace Thompson
Catholicism is a Christian tradition with a rich history and a well-defined set of rights and duties. Adherents are generally expected to obey civil authorities and the laws of the land in which they reside, but there are exceptions. For example, in the case of the Penal Laws, which imposed civil disabilities and penalties on Catholics in Britain and Ireland after the Reformation, and similar instances where the law contradicts religious norms. In such cases, Catholics may be obligated not to obey certain laws, especially when they conflict with natural law or higher powers, as outlined by St. Thomas Aquinas and St. Paul the Apostle. This raises questions about the limits of obedience and the conditions under which civil disobedience is justified within the Catholic tradition.
| Characteristics | Values |
|---|---|
| Catholics' obligation to obey penal law | Catholics are generally obligated to obey the laws of the region they reside in. |
| Catholics' obligation to obey government regulations | Catholics are obligated not to obey certain laws of the land when they contradict religious norms. |
| Catholics' obligation to obey civil law | Catholics are encouraged by St. Paul the Apostle to obey civil authorities. |
| Catholics' obligation to obey unjust laws | Aquinas states that unjust human laws are morally obligatory to disobey. |
| Catholics' rights and duties | Catholics have various rights and duties, including maintaining communion with the Church, seeking and embracing truth, obeying Church authority, leading a holy life, and assisting at Mass. |
| Catholics' obligation to obey canonical penalties | The Code recommends canonical penalties for various offenses, such as blasphemy, defaming the Church, and physical force against clergy. |
| Catholics' obligation to civil disabilities | Penal Laws imposed civil disabilities on Catholics in Britain and Ireland after the Reformation, barring them from voting, holding public office, and owning land. |
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What You'll Learn
Catholics and civil law
Catholics are generally expected to obey civil law, but there are some nuances to this obligation. St. Paul the Apostle, in Romans 13, encourages Catholics to "obey civil authorities", and this is generally understood to mean that Catholics should obey the laws of the region in which they reside.
However, there have been instances throughout history where Catholics have come into conflict with the state due to their religious beliefs. For example, the Penal Laws passed in Britain and Ireland after the Reformation penalized the practice of the Catholic religion, and Catholic priests could even be put to death for practicing their ministry in those regions. In more modern times, the secrecy of confession has been a point of contention, with priests being legally obligated to inform authorities about cases of sexual abuse on minors in some countries, while the Church maintains that the secrecy of confession must be upheld under all circumstances.
The theologian St. Thomas Aquinas provides a potential justification for civil disobedience in his theory of law. Aquinas believes that there are four types of law: eternal, divine, natural, and human. He argues that if a human law "deflects from the law of nature, it is no longer a law but a perversion of law" and that its authority is nullified. In other words, Aquinas suggests that when a human law violates natural law, one is not only permitted to ignore it but is morally obligated to disobey.
Overall, while Catholics are generally expected to obey civil law, there may be circumstances in which they feel morally obligated to disobey certain laws that conflict with their religious beliefs or norms.
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Aquinas on unjust laws
St. Thomas Aquinas, in the Summa Theologiae, argued that we must obey laws only when they conform to "eternal law", or the law of God. This eternal law is self-evident and is exhibited in the universal principles of practical reason, otherwise known as "natural law".
Aquinas taught that a law that is unjust does not impose any obligation. In other words, a law ceases to have binding force if it is not ordered to the common good, but rather to the private good of those who impose it; if it exceeds the authority of those who impose it; or if it places disproportionate burdens on any of the people in the community. Aquinas explains that such a law is more like an act of violence than a law.
Aquinas justifies civil disobedience under two circumstances: civilians can disobey during the reign of a tyrant or when the government enforces unjust laws. He compares unjust laws to illegitimate acts of violence, stating that oppressive laws are perversions of law and acts of violence, and that no one need feel guilty about disobeying them.
Aquinas acknowledges that breaking laws, even unjust ones, damages the common good. He refers to this effect as "scandal or disturbance", pointing out that our personal moral obligation to the common good directs us to avoid this when possible.
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Catholics' rights and duties
The Catholic Church has a set of rights and duties that guide the behaviour of its members and the Church itself. These rights and duties are based on the belief in protecting human dignity and achieving a healthy community. While the Church has a duty to preach the Gospel and promote justice, Catholics also have individual rights and responsibilities.
Rights
Catholics have the right to:
- Live a life of dignity, with access to food, clothing, shelter, medical care, rest, and social services.
- Bodily integrity, including the means necessary for a proper life and development.
- Education, including a Christian education, studying theology, and researching theological issues.
- Choose the best education for their children and seek assistance in providing it.
- Privacy and protection from unfair penalties.
- Have their rights vindicated in a church court if violated.
- Freedom of religion, without fear of fines or imprisonment for worship, as was the case with the Penal Laws in Britain and Ireland after the Reformation.
Duties
Catholics have a duty to:
- Fulfil their Christian duties and maintain communion with the Church.
- Attend Mass on Sundays and holy days, receive Holy Communion, and observe days of fasting.
- Provide for the material and religious education of their children and support the Church financially.
- Promote social justice, care for the poor, and uphold the rights of the vulnerable.
- Fulfil their temporal obligations with fidelity and competence, acting as a positive influence in their family and community.
- Respect the dignity of others, including employers and employees, and never resorting to violence.
- Promote the common good, both locally and internationally, and denounce instances of injustice.
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Penal laws against Catholics
Penal laws refer to laws passed against Roman Catholics in Britain and Ireland after the Reformation. These laws penalized the practice of the Roman Catholic religion and imposed civil disabilities on Catholics. Various acts passed in the 16th and 17th centuries prescribed fines and imprisonment for participation in Catholic worship and practices. There were also severe penalties, including death, for Catholic priests who practiced their ministry in Britain or Ireland.
The penal laws were enacted by the Irish Parliament and served to secure the Protestant Ascendancy. They achieved this by concentrating property and public office in the hands of those who subscribed to the Church of Ireland and the Oath of Supremacy. The Oath acknowledged the British monarch as the "supreme governor" of spiritual and temporal matters and rejected "all foreign jurisdictions [and] powers", including the Pope in Rome.
The laws included the Education Act 1695, the Banishment Act 1697, the Registration Act 1704, the Popery Acts 1704 and 1709, and the Disenfranchising Act 1728. Other penal laws barred Catholics from voting, holding public office, owning land, bringing religious items from Rome into Britain, publishing or selling Catholic primers, or teaching.
The penal laws were sporadically enforced in the 17th century and largely ignored in the 18th. They were eventually almost completely nullified by various acts, including the Catholic Emancipation Act (1829) and the Roman Catholic Relief Act (1926). The slow process of Catholic emancipation began with the repeal of some of the penal laws by the Catholic Relief Acts of 1771, 1778, and 1793. This process was influenced by pressure from the British government, which sought Catholic alliances abroad and loyalty at home in its rivalry with France.
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Catholic priests and civil authorities
The Catholic Church has a well-defined hierarchy, with the Pope at the top, followed by Cardinals, then Bishops, Priests, and Deacons at the lowest rank. Bishops are considered the successors of the Apostles and are responsible for the pastoral governance of a diocese, acting as "constituted Pastors in the Church, [and] the teachers of doctrine".
Priests are ordained by Bishops and are considered to act in persona Christi Capitis, representing Christ. They are responsible for the Eucharist, which is a ceremony that commemorates the Last Supper, when Jesus Christ distributed bread and wine to the Twelve Apostles.
Historically, Catholic priests have had a contentious relationship with civil authorities, particularly in Britain and Ireland after the Reformation. Penal Laws were enacted during the 16th and 17th centuries, imposing severe penalties on Catholic priests who practised their ministry in these regions, including fines, imprisonment, and even death. These laws also restricted various civil rights of Catholics, such as voting, holding public office, and owning land.
However, over time, these Penal Laws were gradually nullified by legislation such as the Roman Catholic Relief Act of 1791 and the Catholic Emancipation Act of 1829, which granted greater religious freedom and civil rights to Catholics in these regions.
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Frequently asked questions
Catholics are generally obligated to obey the laws of the region they reside in. However, St. Thomas Aquinas and St. Paul the Apostle both provide justifications for Catholics to disobey certain laws. If a law conflicts with natural law, Aquinas believes it is morally obligatory to disobey it. Similarly, St. Paul encourages obedience to civil authorities unless the law contradicts the word of God or his commandments.
Penal Laws were passed against Roman Catholics in Britain and Ireland after the Reformation, imposing severe penalties on Catholic worship and practices. These laws were largely ignored in the 18th century and gradually nullified by several Catholic Relief Acts. In more recent times, bishops and priests have openly opposed Nazi ideology and communism, resulting in imprisonment in some cases.
Catholics have various duties within the Church, including maintaining communion, seeking and embracing truth, obeying Church authority, leading a holy life, and assisting at Mass. They are also obligated to confess serious sins at least once a year, receive Holy Communion during the Easter season, observe holy days, and provide for the material needs of the Church.
