Question:
You indicated in one of your answers (regarding getting drunk) that breaking a civil law is by definition a sin. Does not the Catholic Church adhere to Aquinas’ discourse that the natural law of God is written on the hearts of men and, therefore, any civil law that transcends it is immoral and ought to be disobeyed. Thus, breaking a civil law does not necessarily mean sin.
Answer:
You are correct that Aquinas and Catholic teaching and tradition requires us to observe revealed divine law (the Ten Commandments) and natural law before (in a hierarchical sense) human positive law (civil law). Part of revealed divine law is Jesus’ clear statement, "Render unto Caesar what is Caesar’s, and render unto God what is God’s." In addition, there is Peter’s injunction to the early Christians to "maintain good conduct among the Gentiles" and to "be subject to every human institution for the Lord’s sake, whether it be to the king as supreme or to governors as sent by him" (1 Pt 2, 12-14). Therefore, Christians are not free to use divine law as a ‘higher law’ – which it is – to exempt them from observance of civil law.
The only case, which even Aquinas’ acknowledges – in which one is not bound to observe a civil law is when that law so violates the purpose of law that it ceases to be law. A law is, according to Thomas, "an ordinance of reasons, promulgated by a competent legislator, on behalf of a community capable of receiving it, to promote the common good." Thus, if a law runs contrary to the common good, undermines the common good, or severely damages society, it is not a law at all and need not be observed. For example, the law which decriminalized abortion in the United States denies equal protection under the laws to citizens and potential citizens of the nation. Moreover, it encourages murder. Therefore, that law is not a true law and need not be observed by Christians. In other words, we do not have to hold that abortion is okay, legal, acceptable, a right, or any other thing. However, all the other laws, regarding trespassing, murder, destruction of property, which are legitimate laws and are necessary to the common good must be observed.
In my example, I said getting drunk drinking would certainly be immoral if one drove a vehicle in that state because it recklessly endangers one’s own life and the lives of others and because it is illegal. Indeed, violating a just civil or criminal law is an immoral act. For it is observation of the civil laws which allows society to function.
A wonderful meditation on this is the brilliant play, "A Man for All Season" about Saint Thomas More.
Very Rev. Kevin Michael Quirk, JCD
Judicial Vicar