Politics and the Law—Politics and Catholic Legal Theory

I sincerely thank all MOJ contributors who have made recent postings on matters dealing with the state of many important issues that are involved with our national elections and the crises faced by the human family in this country and around the world. I would like to begin discussing in this posting some issues that have a bearing on the law and how we, as citizens (and as believers and Catholics), have a role in contributing to legal developments that are inextricably connected with the political issues of the day.

So, I come to the first issue which deals with matters such as abortion, embryonic stem cell research, euthanasia, and capital punishment. Each of these activities has its own bearing and effect on the right to life. Each of these issues emerges from different political and, therefore, legal discussions; but, sooner or later, they converge on the same point: does a human life have a right to continue to exist or not until natural death? The answer is yes, for if this right is compromised in any way, all other rights are subject to forfeit because it is the right that is the guarantor of all others. How do citizens and public servants who hold or are seeking important political offices contribute to the law to insure that this non-negotiable right is protected for all, not just some?

Another vital issue is the nature of the family. Can any group be considered a family? I think objective reason will demonstrate that not all groups or associations are a family—the fundamental cell of society. Reason demonstrates that a family begins with two persons who are opposite in certain complementary attributes but alike in their love for one another. From both these attributes and the love come new members of this elemental family, then new generations, and then new families. The future of humanity is dependent on laws that recognize and protect this reality that cannot be separated from our human nature. How do citizens and public servants who hold or are seeking important political offices contribute to the law to insure that this conception of the family is protected?

Rights are a wonderful thing to claim and protect, but they cannot be claimed or protected until there is a personal, communal, and a societal acknowledgement that rights are imperiled without a corresponding sense of responsibility by the rights claimant. The notion of responsibility about which I speak necessitates that the rights claimant must also be responsible for protecting the claims of others. This is not to say that all claims made by all claimants are equal; however, the fundamental rights which most would want to claim will be nice goals that may not be achievable without the inextricable obligation on the part of each claimant to protect the corresponding rights claimed by others. How do citizens and public servants who hold or are seeking important political offices contribute to the law to insure that these essential rights are protected?

Toward the end of Saint Matthew’s Gospel we are reminded: whatsoever you do to the least of your brothers and sisters, you do unto Me. If we take this exhortation to heart and place it in our minds, we should come to realize that anyone of us can join the ranks of the most vulnerable in spite of our present circumstances that may place us presently among the most secure—for the time being. Prayerful reflection on who is vulnerable and impoverished can lead us to the recognition that it could one day be us or those who are close to us. And if we conclude that this destiny is intolerable for me and those whom I consider dear, should we also not conclude that it is intolerable for anyone else?

Again, these are just a few thoughts that have emerged from my review of the several rich and intriguing posts made over the last several days.

RJA sj