Mirror of Justice

A blog dedicated to the development of Catholic legal theory.
Affiliated with the Program on Church, State & Society at Notre Dame Law School.

Friday, July 1, 2005

A reader responds to 10C question

I follow the Mirror of Justice blog with interest, and saw your recent post concerning religious and governmental institutions, and their spheres of operation. May I suggest the following historical and legal sources? I encountered them during my education at Catholic University School of Law, and in personal reading.
  • Kenneth Pennington, Law and Norms Without a State - Here
  • Jacques Maritain - Man and the State
  • Any St. Thomas Aquinas on State Government
May I also suggest that a more precise definition of "allegiance" might be required? For instance, it might be said that it is required that secular government both draw basic norms from natural law; secular government because this forms the baseline for varied people, and religious where the tenants of natural law are confirmed (or at the very least, uncontradicted) by revealed or divine law. Another way of defining allegiance would be to indicate, as did the Centurion did, that the secular government has power over a people only because it is given that power from above. It is worthwhile to note that until the 18th century, custom and natural law (here, meaning transnational norms of the ius commune) had a higher place on the heirarchy than promulgated law.
                      Sincerely,
                             Jonathan Watson
Thank you Jonathan for responding.

https://mirrorofjustice.blogs.com/mirrorofjustice/2005/07/a_reader_respon.html

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