Thursday, August 18, 2011

Law has to be moral

THE way issues are popping up these days, I believe we need an urgent reminder. We have limits. We are not our own creator. We need to be properly grounded and oriented. We have to obey a law that we ourselves do not make or invent, but is given to us to discover, articulate, ratify and follow.

We just disposed—hopefully—that ugly episode of that blasphemous CCP art exhibit, and got reminded that artists in their creativity just cannot wantonly use or abuse the freedom of expression without considering, at least, the sensitivities of the others.

This is not even to consider yet the religious criteria that also have their place in the sun. So let's leave them aside, for the meantime. Displaying in the state-run CCP supposed artworks that contain phalluses and condoms and clear gestures of mockery are offensive enough even with unknown subjects. How much more when religious images revered by millions are used? Thus, the fury.

I don't know why so much investigation has to be done over this incident when common sense would be enough to brand it as unworthy for display. But it seems times are a-changing. In fact, we have a new issue—rather an old, aging one that continues to be resuscitated by its proponents—coming up.

I'm referring to Senator Miriam Santiago's view that the RH Bill would have to pass since it is not against our constitution, it is part of our right to privacy. Are the RH people now desperate that they have to resort to this no-brainer?

There are million other things that are not in our constitution that our common sense itself would tell us outright they should be rejected, avoided, prohibited. Thinking and speaking badly of others is just one of them.

There are a million other things done in privacy that are simply wrong, illegal, immoral, sinful, and no one, let alone, public authorities, can prevent. Bad thoughts, bad desires, etc., are some of them.

This is again a clear case of legalism gone nuts. When our legal and judicial system makes itself its own source of authority, when it just depends on the ideas of some legislators, or the consensus of people, without making a clear reference to God's law, then it becomes rife for abuses.

The main problem, of course, is that many of our politicians and public officials seem averse to the idea that they have to be consistent to their faith to do their work of governance or legislation or dispensing justice.

They want to stay in an undefined, vague area which they call freedom, a secularized freedom detached from its source which is God. There they can do anything, including going directly against what is clearly defined as God's commandments and natural law, and still call it freedom.

An even worse scenario is when these politicians and public officials now arrogate to themselves or to the people the power to define what is moral and immoral, and then proceed to legalize them.

Our legal and judicial system, our human laws can never fully capture God's eternal law that governs us. That's why it should always be in a state of improvement and refinement, without compromising its stabilizing, constant and permanent character. It can be a tricky affair that we just have to learn to handle and hopefully master.

What is clear is that our laws should be moral. They should be based on the natural moral law written in our hearts by our Creator, which we have to articulate and develop. But at best, our laws can only regulate human acts that are more or less external, observable, measurable. They cannot go far into thoughts, motives, desires and other finer points of human life and actvitiy.

How do you legislate about delicadeza, for example? At best you can give some social norms about it, but they remain largely in the externals.

Our human laws, therefore, cannot be the ultimate source of what is right and wrong, what ought to be done or prohibited, etc. What is legal cannot capture the fullness of the morality of the human act. I may follow the law of getting a driver's license, but if that is badly motivated or done as a complement to a sinful act, then it is immoral.

Our politicians, public officials, legislators, judges, etc., should take the step to link themselves and their work to the moral law that comes from God, taught by the Church whose power to do so comes from God, not from men.

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