Chapter 5: Morality and Law
OUR MORAL LIFE IN CHRIST
1. What is Law? (pp. 102–103)
ANTICIPATORY SET
Read to the students the following passage from Alice in Wonderland,
when Alice meets the Queen of Hearts.
Lead a short discussion on the following points:
 What would it be like to live in a society ruled by someone like the
Queen of Hearts?
 What would happen to society if laws could be enacted or rescinded
arbitrarily?
 What standard(s) should governments use for creating new laws?
 Why is it important for the punishment to fit the crime?
1. What is Law? (pp. 102–103)
BASIC QUESTIONS
 What is law?
KEY IDEAS
 Law is an ordinance of reason that exists for the common good and is
affirmed by legitimate authority through an official process.
1. What is Law? (pp. 102–103)
FOCUS QUESTIONS
What is the purpose of law?
Law exists to secure civil harmony, the common good, the protection of rights, and
the enjoyment of freedom in society.
What is the purpose of human government according to the Declaration of
Independence?
It is to secure basic rights.
How is the Declaration of Independence based on the idea of natural law?
The Declaration says that people possess rights according to “the Laws of Nature
and Nature’s God.”
What are “unalienable” rights, and why are they “unalienable,” according to
the Declaration?
Unalienable rights are rights that cannot be taken away. Some rights are unalienable
because they are given to men “by their Creator.”
1. What is Law? (pp. 102–103)
FOCUS QUESTIONS
What is the definition of law?
Law is an ordinance of reason that exists for the common good and is
affirmed by legitimate authority through an official process.
What does it mean to say law is an ordinance of reason?
It means law is not the arbitrary decision of someone in authority but the
fruit of reasoned deliberation to address the needs of the human person and
society.
What does it mean that the law exists for the common good?
It means laws are enacted to preserve and promote the common good by
regulating in fairness how people interact with one another and with the
greater community.
1. What is Law? (pp. 102–103)
FOCUS QUESTIONS
What does it mean to say law is made by “legitimate” authority?
It means the lawgivers must have received their power to enact laws in some
just way.
What does it mean to say laws must be legislated in an official manner?
It means the making of laws must follow an established protocol to ensure
that those laws are officially legislated and published.
What is the ultimate source of legitimate authority?
God is the source, who permits some to exercise authority over others.
1. What is Law? (pp. 102–103)
GUIDED EXERCISE
Discuss the following questions about law:
 Can you think of laws that violate any of the four conditions?
 What does this tell you about the difference between true law and actual
human laws?
1. What is Law? (pp. 102–103)
GUIDED EXERCISE
Have the students complete the following table to “practice” with the four
aspects of law.
Aspect of the Law
Example of a Law
Law is an ordinance of
reason
A law that allows a minor girl to
get an abortion without parental
consent or permission.
Laws exist for the
common good
A law that requires all occupants
of a car to wear a seatbelt
Laws are made by those
Either of the two examples
who are responsible for
above
the care of the community
Laws must be officially
promulgated
Either of the two examples
above
How it fits the definition (or not)
1. What is Law? (pp. 102–103)
Aspect of the Law
Example of a Law
How it fits the definition (or not)
Law is an ordinance of
reason
A law that allows a minor
girl to get an abortion
without parental consent
or permission.
This law does not protect objective values. It is
inconsistent in that the same girl would need
her parents’ consent and permission to get her
ears pierced or to take an aspirin at school.
Laws exist for the
common good
A law that requires all
occupants of a car to
wear a seatbelt
Such a law would benefit the common good
since deaths and injuries from car accidents
would be lower. It does, however, encroach on
one’s right to make decisions for oneself.
Laws are made by those
Either of the two
who are responsible for
examples above
the care of the community
Either law, whether good or evil, needed or
not, would have to be passed by a legislature.
Laws must be officially
promulgated
Either law would have to be signed by the
proper executive (e.g., president or governor)
and then published so the people would know
it is in effect and must be obeyed.
Either of the two
examples above
1. What is Law? (pp. 102–103)
CLOSURE
Have the students write a definition and explanation of law,
including its four aspects.
1. What is Law? (pp. 102–103)
HOMEWORK ASSIGNMENT




Study Questions 1–7 (p. 114)
Practical Exercises 1–3 (p. 115)
Workbook Questions 1–2
Read “Types of Law” (pp. 104–106)
1. What is Law? (pp. 102–103)
ALTERNATIVE ASSESSMENT
Have the students work with a partner to complete Practical Exercise 2,
creating ten original laws to promote the common good.
(See end of chapter materials for one example.)
2. Types of Law (pp. 104–106)
ANTICIPATORY SET
Have the students write a response to the following question and then
briefly discuss their answers:
 Why do people tend to have no problem with the idea of physical and
biological laws but deny the idea of objective moral laws?
2. Types of Law (pp. 104–106)
BASIC QUESTIONS
 What are the four types of law?
 What are the three divisions of positive law?
KEY IDEAS
 There are four types of law: eternal law, natural law, positive law, and the New Law.
 Eternal law is the plan of divine wisdom as directing all acts and
movements in the universe.
 The natural law is the rational creature’s participation in the eternal law. It
is the eternal law as it applies to human life.
 The positive law is any law that legitimate authority formulates for the
express purpose of governing.
 The New Law, given by Jesus Christ, is the law commanding Christians to
love one another the way Christ has loved them.
2. Types of Law (pp. 104–106)
GUIDED EXERCISE
Have the students complete the following table to “practice” with the four
aspects of law.
Subtype
Definition
Example
2. Types of Law (pp. 104–106)
GUIDED EXERCISE
Subtype
Definition
Example
Divine positive law
Law that is revealed by God
through direct communication.
“Honor thy father and thy mother,” one of the
Ten Commandments given by God to Moses.
Ecclesiastical
positive law or
canon law
Law that governs the Church in
the organization of the
hierarchy, in liturgical and
penitential practices, and in
other
matters.
“Parents are to entrust their children to those
schools which provide a Catholic education. If
they are unable to do this, they are obliged to
take care that suitable Catholic education is
provided for their children outside the
schools.”
(Can. 798 of Code of Canon Law)
Civil positive law
Laws enacted by civil
governments for the common
good.
“Beginning July 1, 2008, all drivers are
prohibited from using a handheld wireless
telephone while operating a motor vehicle.”
2. Types of Law (pp. 104–106)
FOCUS QUESTIONS
What are the four types of law?
Eternal law, natural law, positive law, and the New Law.
What is eternal law?
It is the plan of divine wisdom as directing all acts and movements.
What is natural law?
It is “the rational creature’s participation in the eternal law.” Or more simply,
it is the eternal law as it applies to human life.
What does it mean to say that the natural law is written within the
human heart?
It means that “deep down” in each person there is an innate sense of moral
order, an awareness of right and wrong.
2. Types of Law (pp. 104–106)
GUIDED EXERCISE
Conduct a focused reading of the paragraph that begins “St. Thomas’s
statement . . .” (p. 104) based on the following question:
 What did Plato and Aristotle speculate about the order they observed
in the universe?
2. Types of Law (pp. 104–106)
GUIDED EXERCISE
Have a class discussion on what the text means by the term “intelligent
design,” a term that has generated considerable controversy.
2. Types of Law (pp. 104–106)
FOCUS QUESTIONS
What is positive law?
A positive law is any law that legitimate authority formulates for the express
purpose of governing. Any law that is formally established for a society or
institution is a positive law.
Why do people tend to have no problem with the idea of physical and
biological laws but deny the idea of objective moral laws?
The operation of physical and biological laws can be demonstrated scientifically.
While the existence of objective moral law can be demonstrated by reason, some
choose to ignore or reject it, because they feel it infringes on their “freedom.”
What is the New Law?
It is the law, given by Jesus Christ, for Christians to love one another the way
Christ has loved us.
2. Types of Law (pp. 104–106)
CLOSURE
Have the students write a concise paragraph explaining the
four types of law, including the three subdivisions of positive
law, with an example of each.
2. Types of Law (pp. 104– 106)
HOMEWORK ASSIGNMENT




Study Questions 8–14 (p. 114)
Practical Exercises 4–8 (p. 115)
Workbook Questions 3–13
Read “Just Civil Law” (pp. 106–108)
2. Types of Law (pp. 104–106)
ALTERNATIVE ASSESSMENT
Part I of II
Have the students work with a partner to identify each of the following as
an example of divine positive law, ecclesiastical positive law, civil positive
law, or new law:
❏ Pray for your enemies.
❏ You shall not bear false witness against your neighbor.
❏ Give without expecting repayment.
❏ Income tax laws and regulations.
❏ Fast one hour before receiving Holy Communion.
❏ Register for the draft on your eighteenth birthday.
❏ Blessed are the peacemakers, for they shall be called the children of
God.
2. Types of Law (pp. 104–106)
ALTERNATIVE ASSESSMENT
Part II of II
❏ Alcohol may not be consumed by anyone under twenty-one years of
age.
❏ Honor your father and your mother.
❏ Forgive others if we expect forgiveness for ourselves.
❏ Protect the rights of the widow, the orphan, and the alien.
❏ Regulations regarding the Sacrament of Matrimony (age, proper
minister, etc.).
❏ Priests remain celibate (i.e., unmarried) for the sake of the kingdom
of God.
2. Types of Law (pp. 104–106)
ALTERNATIVE ASSESSMENT Part I of II
❏ Pray for your enemies. [New Law]
❏ You shall not bear false witness against your neighbor. [Divine
positive law]
❏ Give without expecting repayment. [New Law]
❏ Income tax laws and regulations. [Civil positive law]
❏ Fast one hour before receiving Holy Communion. [Ecclesiastical
positive law]
❏ Register for the draft on your eighteenth birthday. [Civil positive
law]
❏ Blessed are the peacemakers, for they shall be called the children
of God. [New law]
2. Types of Law (pp. 104–106)
ALTERNATIVE ASSESSMENT Part II of II
❏ Alcohol may not be consumed by anyone under twenty-one years of
age. [Civil positive law]
❏ Honor your father and your mother. [Divine positive law]
❏ Forgive others if we expect forgiveness for ourselves. [New Law]
❏ Protect the rights of the widow, the orphan, and the alien. [Divine
positive law]
❏ Regulations regarding the Sacrament of Matrimony (age, proper
minister, etc.). [Ecclesiastical positive law]
❏ Priests remain celibate (i.e., unmarried) for the sake of the kingdom
of God. [Ecclesiastical positive law]
3. Just Civil Law (pp. 106–108)
ANTICIPATORY SET
Class discussion on the following questions to introduce the idea of
just and unjust laws:
❏ In the United States, courts have legalized abortion without the
people ever having a vote. According to St. Thomas Aquinas, are these
laws just?
❏ If there were a nationwide referendum on these two issues, and a
majority of people voted in favor of abortion and “marriages” between
two people of the same sex, would these laws be just or unjust?
3. Just Civil Law (pp. 106–108)
BASIC QUESTIONS
 What must every civil law reflect?
 What are the requirements for a civil law to be just?
 What should our attitude be toward unjust laws?
KEY IDEAS
 To be just or valid, every civil law must reflect some aspect of the natural
law articulated by the Ten Commandments.
 A just civil law must promote the common good, reflect equality of
proportion, and be in agreement with the divine law.
 Laws that declare the immoral to be legal must not be obeyed.
3. Just Civil Law (pp. 106–108)
FOCUS QUESTIONS
What are the conditions for a law to be just?
It must promote the common good, reflect “equality of proportion,” and fall
within the scope of the divine law.
What is the common good?
The common good is that which shows respect for and promotion of the
fundamental rights of each person; prosperity, or the development of the
spiritual and temporal goods of society.
What is “equality of proportion”?
The burden of the law’s fulfillment must be shared by all members of society,
while taking into consideration the capacities and limitations of individuals.
3. Just Civil Law (pp. 106–108)
GUIDED EXERCISE
Have the students complete the following table to show how selected laws
relate both to the natural law and the Ten Commandments.
Type of Law
Laws against murder
Laws against blasphemy
Laws against slander
How a Reflection of the
Natural Law
How Related to the
Ten Commandments
3. Just Civil Law (pp. 106–108)
GUIDED EXERCISE
Have the students complete the following table to show how selected laws
relate both to the natural law and the Ten Commandments.
Type of Law
How a Reflection of the
Natural Law
How Related to the
Ten Commandments
Laws against murder
Every person has the right to life.
Thou shalt not kill.
Laws against blasphemy
Speaking evil of God offends his
infinite goodness and dignity.
Thou shalt not take the name
of the Lord thy God in vain.
Laws against slander
Slander ruins a person’s reputation Thou shalt not bear false
and harms his or her dignity.
witness against thy neighbor.
3. Just Civil Law (pp. 106–108)
GUIDED EXERCISE
Conduct a think/pair/share:
❏ What are some examples of human authority attempting to establish
laws outside the divine law, and what is the validity of these laws?
3. Just Civil Law (pp. 106–108)
FOCUS QUESTIONS
What does it mean that every just law derives its authority from God?
Because all authority is ultimately derived from God, every law must transmit,
at least in small part, what God has eternally established.
3. Just Civil Law (pp. 106–108)
CLOSURE
Write a paragraph explaining what “equality of proportion” means.
3. Just Civil Law (pp. 106–108)
HOMEWORK ASSIGNMENT




Study Questions 15–26 (p. 114)
Practical Exercises 10 (p. 115)
Workbook Questions 14–18
Read “Conflicts Between Conscience and Civil Law” through
“Conclusion” (pp. 108–109)
3. Just Civil Law (pp. 106–108)
ALTERNATIVE ASSESSMENT
Lead a class discussion:
❏ We are forbidden to obey unjust laws. Practically speaking, what can
we do about unjust laws that we ourselves are not breaking but other
people are using to do legally sanctioned evil?
4. Conflicts Between Conscience
and Civil Law (pp. 108–109)
ANTICIPATORY SET
In the sixteenth century, St. Thomas More was convicted of treason and
executed for refusing to take an oath that declared King Henry VIII to
be the head of the Church of England.
Have the students make a list of realistic situations in today’s society in
which living as a witness of Christ might cause a person to suffer.
4. Conflicts Between Conscience
and Civil Law (pp. 108–109)
BASIC QUESTIONS
 Why should there be no conflicts between conscience and civil law? Why
are there?
 How should conscience respond to unjust laws?
KEY IDEAS
 Ideally, there would be no conflict between a well-formed conscience and
just civil laws, since both are rooted in the divine law. A conflict, however,
does exist between conscience and civil law when a law is unjust.
 When a law is unjust, a person of conscience can respond, according to
circumstances, by non-cooperation, by active opposition, or by
disobedience. In some cases a person of conscience may submit to a law
rather than resist it if submission is the lesser of two evils and the person
is not directly doing evil, but merely tolerating it.
4. Conflicts Between Conscience
and Civil Law (pp. 108–109)
GUIDED EXERCISE
Have the class perform a focused reading on the paragraph beginning, “It
is normal for a good conscience . . .” (p. 108) using the following question:
❏ Why should there be no conflict between conscience and civil law?
4. Conflicts Between Conscience
and Civil Law (pp. 108–109)
GUIDED EXERCISE
Conduct a think/pair/share:
❏ This lesson deals with conflicts between conscience and civil law
when the civil law is unjust. What is the other major source of conflict
between the two?
4. Conflicts Between Conscience
and Civil Law (pp. 108–109)
GUIDED EXERCISE
Discuss the following question:
❏ It is common to say that laws do not enslave us, but liberate us. How can
this be? How can something that limits what we can do make us freer? For
example, in order to get a driver’s license, we have to learn and agree to abide
by hundreds of laws and regulations concerning everything from speed
limits to registrations and insurance coverage. How does this make us free?
4. Conflicts Between Conscience
and Civil Law (pp. 108–109)
FOCUS QUESTIONS
What is one example of a conflict a Catholic with a well-formed
conscience might face against an unjust civil law today?
One example could be a Catholic who works for a secular adoption agency
that is required by law to permit homosexuals to adopt children.
What are the general principles Christians should follow when faced
with unjust laws?
They should not cooperate with an unjust law. Active opposition to unjust
laws may be required. Rejection of or disobedience to unjust laws is
obligatory.
4. Conflicts Between Conscience
and Civil Law (pp. 108–109)
FOCUS QUESTIONS
If, after careful deliberation, a Catholic decides to disobey what
he considers an unjust law, what should he expect?
He should expect to suffer the consequences of the law, such as fines,
loss of property, imprisonment, or even death.
What does prudence allow conscience to do in the case of
“lesser matters”?
Prudence allows one to choose the lesser of two evils in a case in
which one is merely tolerating an evil, not directly performing one.
4. Conflicts Between Conscience
and Civil Law (pp. 108–109)
CLOSURE
Have the students write a paragraph explaining the range of
options available to a Catholic with a well-formed conscience in
response to unjust laws.
4. Conflicts Between Conscience
and Civil Law (pp. 108–109)
HOMEWORK ASSIGNMENT
 Study Questions 27–28 (p. 114)
 Practical Exercise 9 (p. 115)
 Workbook Questions 19–20
4. Conflicts Between Conscience
and Civil Law (pp. 108–109)
ALTERNATIVE ASSESSMENT
Have the students free write for five minutes on the following statement:
❏ It is always important that a concern for justice and resistance to evil
be balanced with Christian love for all people and a genuine respect for
civil authority.
The End