While these things have their legitimate role to play in our
legal and judicial systems, we have to understand that they cannot be
the primary and ultimate bases. It should be God, his laws and ways
that should animate the way we make laws as well as the way we apply
and live them. After all, being the Creator of all things, he is the
one who establishes what is truly good and evil.
And the will, laws and ways of God are revealed to us in
full by Christ. That is why at one point Christ said to the Pharisees
and scribes regarding the proper interpretation of the Sabbath law
that “the Sabbath was made for man, not man for the Sabbath. So the
Son of Man (Christ) is Lord even of the Sabbath.” (Mk 2,27-28)
So it is Christ who can guide us as to the content and
intent of our laws. He is the one who can interpret our laws properly.
He is the one that would give our laws their proper spirit, which in
the end is the spirit of charity that summarizes and perfects all
virtues and values.
Without Christ, our laws would unavoidably become rigid and
harsh in certain instances. They would tend to absolutize certain
things that actually should only have relative value. They would
hardly recognize their limits, and so would find it hard to accept
exceptions.
Without Christ, our laws would only lead us to the path of
self-righteousness that will always be accompanied by the ways of
hypocrisy. They can tend to rationalize things that actually are
against God’s laws and our own objective good.
We need to openly acknowledge the necessity of putting
Christ into our laws—into their making, application and
interpretation. At the moment, there seems to be a certain hesitation,
awkwardness and even resistance on the part of many law-making bodies
in the world, even among the so-called Christian countries.
Often underlying this hesitation, awkwardness and even
resistance of the role of Christ in our legal system is the
badly-understood principle of the separation of Church-and-state that
puts a preventive bracket on God, on Christ, in the making,
application and interpretation of our laws.
This attitude is what may be described as legal positivism
that places the ultimate source of our laws on some government entity
or political institution, or even on some philosophy and ideology
alone.
Such attitude, of course, can already give a lot of good,
but it is also vulnerable to many errors and abuses, depending on the
people behind those government entities, philosophies or ideologies.
This is where we have to be most careful, since we always tend to be
contented with what legal positivism can already give us, preventing
us to go any further.
To clarify and make the necessary corrections in this issue
is definitely not easy, but it has to be started and kept going
through a sustained effort to give the appropriate education and
formation to everyone in this regard.
No comments:
Post a Comment