Skip to content
Catholic Online Logo

By Andrew M. Greenwell, Esq.

5/4/2012 (2 years ago)

Catholic Online (www.catholic.org)

On Thiefdoms and Toolsheds

Something that is politically or legally expedient-even if it is the will of the majority-is not necessarily just.  Justice is something that hovers outside or above politics and law, that is extra-political or extra-legal or, perhaps better, supra-political or supra-legal.  Politics and law that are based upon nothing other than agreement is rudderless politics, rudderless law, and it quickly falls into something gravely evil. 

St Augustine

St Augustine

Highlights

By Andrew M. Greenwell, Esq.

Catholic Online (www.catholic.org)

5/4/2012 (2 years ago)

Published in Politics & Policy

Keywords: Justice, politics, common good, compendium, St Augustine, Pope Benedict XVI, Andrew Greenwell, Esq.


CORPUS CHRISTI, TX (Catholic Online) - In his book City of God, St. Augustine famously said, "without justice, what else is the State but a great band of robbers?"  This statement seems to be a favorite of Pope Benedict XVI, and he has recruited it in warning lawmakers, particularly lawmakers in the Western nations with Christian heritage, of the way to which they are headed. 

He referred to these words in his address to the German Parliament or Bundestag when he visited Germany.  Some years earlier, in his encyclical Deus caritas est, Pope Benedict XVI referred to those very same words. 

It is useful from time to time to recall these words of St. Augustine and the deep truth that they convey. 

In his encyclical Deus caritas est, Pope Benedict elaborated on St. Augustine's famous saying.  The reason why St. Augustine insisted on justice is that "justice is both the aim and the intrinsic criterion of all politics."  (No. 28). 

The negative implication of this statement is that without justice, politics--and the law promulgated by the political processs--is aimless and has no criterion.  In short, it is lawless, and being lawless, unjust.

To say that politics and law are aimless and have no criterion, is the same thing as saying that politics and law are unreasonable and arbitrary.  All politics and all law therefore become relative and unhinged from moral law.  This view of politics and law takes us from freedom--which is the liberty to do as we ought--past the threshold of justice into tyranny--where we are no longer free to do as we ought, but we must do what we're told. 

By definition, tyranny exists when politics or law is arbitrary.  In such a case, might makes right, whereas it ought to be the other way around: right--that is to say, justice--makes might.
 
Politics and law must then be informed by right, by justice.  It is an absolutely essential requirement that politics and law have justice behind them, otherwise we are ruled by thug government.

In politics, as in lawmaking, it is essential to focus on justice. 

Justice, as the Compendium of the Social Doctrine of the Church makes clear, has both subjective and objective components. 

But we ought not to be confused by the term "subjective."  The term "subjective" does not mean whatever we want, or feel, or desire (which is how we ordinarily use the term).  In saying that justice has a subjective component, the Church is hardly advocating a politics of desire.

The term subjective as understood by the Church within the context of justice means that we ought to have the firm and constant resolve "to recognize the other as a person."  (Compendium, No. 201)  In other words, the term subjective in the context of justice (and politics and law) means not the I, not the ego, but rather the other, the you, the su, the tu.  

(It is indicative of the self-focused, individualistic nature of our society that the 1st person singular personal pronoun "I"-in Greek and Latin ego-has become a common word in English, but the 2nd person singular personal pronoun "you"-in Greek, su, in Latin, tu-is never heard at all.  The word egoism is common; the word tuism is used only by grammarians, and not modern jurists.  But egoism has nothing to do with justice; tuism has everything to do with justice.  The only word we have is "altruism" which is derived from the word alter or "other," but that has a sense of the anonymous or generic other, and not the familiar su or tu.) 

Not only then is justice entirely other directed, it is also based upon objective moral reality, the moral what is.  Therefore, justice must include "decisive criteria of morality in the intersubjective and social sphere."  (Compendium, No. 201) 

The "decisive criteria of morality" are found in the natural moral law.  The natural moral law has some "unchanging moral truths" from which we derive our inalienable rights, such as those relating to life, liberty, and the pursuit of happiness.  No politics, no law can ever trespass these without rank injustice. 

As the Pope in January of this year told the American bishops in their ad limina visit to Rome, the reality of these "unchanging moral truths" is the "key to human happiness and social prospering."  To ignore them, to supplant them, to violate them is not liberty, not justice, but rather its opposite: for it is to build a society and a politics based upon "reductionist and totalitarian readings of the human person and the nature of society."  This necessarily leads to injustice. 

In short, justice means the firm and constant resolve to recognize the other as a person, and to give him his due, all within the constraints of the natural moral law.

To the extent any government fails to recognize anyone as a person-such as happened in our former laws allowing human chattel slavery which were abrogated by the 13th and 14th Amendments after a sanguinary war-it is nothing but a band of robbers, because the politics and law in not recognizing a person as a person has failed in its aim and criterion of subjective justice.

Likewise, to the extent any government that trespasses the natural law-such as is happening now by the legal protection given abortion, or the legal recognition given homosexual "marriage"-it is nothing but a band of robbers because it has forgotten the aim and criterion of politics objective justice.

What all of this means, of course, is that St. Augustine and Pope Benedict XVI are telling us that justice is outside politics and outside human law.  Something that is politically or legally expedient--even if it is the will of the majority--is not necessarily just.  Justice is something that hovers outside or above politics and law, that is extra-political or extra-legal or, perhaps better, supra-political or supra-legal.  Politics and law that are based upon nothing other than agreement is rudderless politics, rudderless law, and it quickly falls into something gravely evil. 

As Catholics--indeed, all humans of good will regardless of religious confession--we must not cooperate in any effort to remove an objective aim and criterion of politics and of law.  To do so would, in the words of Cardinal Ratzinger at the Mass prior to his election as Pope, be "building a dictatorship of relativism that does not recognize anything as definitive and whose ultimate goal consists solely of one's own ego and desires." 

Justice cannot be guilt on egoism, which is what the secularists wish to do.  It must be built on tuism and the natural moral law.  Anything less is to be ruled by a band of robbers.

The American Jesuit John Courtney Murray stated that accepting a secularistic notion of democracy-such as what is proposed by many modern political philosophies including the regnant one-would result in the dismantling of the "noble, many storied mansion of democracy," and would level it "to the dimensions of a flat majoritarianism, which is no mansion but a barn, perhaps even a tool shed in which the weapons of tyranny may be formed." 

If we allow ourselves to be ruled by a politics without justice, a politics that does not recognize the rights of persons and the natural law, then we will be ruled by a band of robbers, and we invariably will turn our "noble, many storied mansion of democracy" into a tool shed where the robbers pound out the weapons of their tyranny-laws of inhuman steel.

We will live in a toolshed, subject to thiefdom.

-----

Andrew M. Greenwell is an attorney licensed to practice law in Texas, practicing in Corpus Christi, Texas.  He is married with three children.  He maintains a blog entirely devoted to the natural law called Lex Christianorum.  You can contact Andrew at agreenwell@harris-greenwell.com.

---


Pope Francis: end world hunger through 'Prayer and Action'


2014 - Distributed by THE NEWS CONSORTIUM

Pope Francis Prayer Intentions for January 2015
General Intention:
That those from diverse religious traditions and all people of good will may work together for peace.
Missionary Intention: That in this year dedicated to consecrated life, religious men and women may rediscover the joy of following Christ and strive to serve the poor with zeal.



Comments


More Politics & Policy

Keith A Fournier: Why I Will Not Give Up On Politics Watch

Image of

By Keith A Fournier

Like many in the United States, I am trying to make sense out of what is happening to this Nation which we love. The temptation, so clearly present in our circles, is to fall into two separate approaches, both of which can lead to error. One is to completely ... continue reading


TIME TO PAY: Uninsured in 2014 will have to pay tax penalty Watch

Image of Take a married couple with $100,000 in income - their bill comes to $797, according to the Tax Policy Center ACA penalty calculator.

By Catholic Online (NEWS CONSORTIUM)

It is time to pay the piper. If you disregarded signing up for Obamacare in 2014 or failed to make payments - you are going to have to pay a fine. As Americans sit down in coming weeks to compile their tax returns, they will have to contend with Obamacare's ... continue reading


'You have to know who your enemy is' Downplaying and mislabling Islamic extremism is a dangerous path for the U.S. Watch

Image of Islamic extremism is terrorism, it is not simply criminal conduct.

By Abigail James (NEWS CONSORTIUM)

The Obama administration refuses to acknowledge the terrorism attacks around the world for what it is, Islamic extremism. This blatant disregard of the real problem can be harmful for the country. LOS ANGELES, CA (Catholic Online) - Secretary of State, John Kerry was ... continue reading


Striking back at the Dems! Koch brothers allocate nearly ONE BILLION DOLLARS for 2016 presidential race Watch

Image of David Koch, one of the leaders of a political action network that has the monetary power to spend hundreds of millions on political races.

By Matt Waterson (NEWS CONSORTIUM)

It seems the Koch brothers have no plans to ease their political spending habits in 2015, as top officials in the brothers' political network released a budget of $889 million to be spent on the vast political network ahead of the 2016 presidential race. LOS ... continue reading


Turning off spigot: Obama aims to possessively guard oil-rich Alaskan coastline from development Watch

Image of Alaska's coastal plain has been at the center of a fight between conservationists and advocates of greater energy exploration in the U.S. for a very long time.

By Catholic Online (NEWS CONSORTIUM)

Just because there's been relief at the corner gas pump doesn't mean that the United States won't need any more oil in the near future - far from it. As such, many are infuriated that U.S. President Barack Obama seeks to designate the vast majority of Alaska's ... continue reading


And the field gets thicker! Rubio joins Bush, Romney, Walker and Christie as 2016 presidential hopeful Watch

Image of Marco Rubio, a Senator from Florida may be crafting a campaign team for a potential 2016 bid.

By Matt Waterson (NEWS CONSORTIUM)

A fifth Republican is making noise that could be interpreted as intent to make a 2016 presidential run. LOS ANGELES, CA (Catholic Online) - Florida Senator Marco Rubio is possibly gathering a campaign team, planning out a slew of state visits starting in February, and ... continue reading


Scott Walker enters the 2016 Republican nomination ring with speech attacking Obama's failed policies Watch

Image of Wisconsin Governor Scott Walker gave a speech in Iowa, a move which may put him in the running for the Republican nomination.

By Matt Waterson (NEWS CONSORTIUM)

Former Florida Governor Jeb Bush, New Jersey Governor Chris Christie and former Massachusetts Governor Mitt Romney may have been the first Republicans to make it clear-though still unofficial-that they intend to run for the Republican nomination in 2016, but ... continue reading


Jeb Bush, Mitt Romney hold summit meeting: Are they plotting election strategy? Watch

Image of There have been stories in a number of outlets that Jeb Bush proposed the meeting weeks ago, in order to thank Mitt Romney for his past party leadership.

By Catholic Online (NEWS CONSORTIUM)

Former governors Jeb Bush and Mitt Romney are having a summit meeting. The meeting will be in Utah. Speculation swirls about what the meeting will entail. Some GOP party officials hope "the two former governors will find a way to avoid competing presidential campaigns ... continue reading


An average of 27 late-term abortions happen every day in the United States; the bill to protect the unborn from this cruel pain was dramatically dropped by the GOP Watch

Image of 10,000 babies are killed each year through late-term abortions.

By Abigail James (NEWS CONSORTIUM)

An estimated 10,000 unborn babies are killed each year through late-term abortions. This averages out to 27.4 abortions taking place 20 weeks or later per day or 1.14 per hour, according to the Congressional Budget Office. LOS ANGELES, CA (Catholic Online) - The Pain ... continue reading


Father Frank Pavone on Pope Francis, Politics, and Catholic Social teaching Watch

Image of Fr Frank Pavone - Fidelity to the Gospel requires that we be able to prophetically challenge the positions of all political parties, and that our loyalty to Christ and his teaching supersedes our loyalty to any political party, although such loyalties are not per se incompatible with being a Christian.

By Matt C. Abbott

It remains true that the right to life is the most fundamental right and that the duty to defend it is a more urgent priority than other social justice priorities. But to what extent that fact helps or hurts a political party depends upon the party, and his ... continue reading


All Politics & Policy News

Newsletters

Newsletter Sign Up icon

Stay up to date with the latest news, information, and special offers

Daily Readings

Reading 1, Deuteronomy 18:15-20
15 Yahweh your God will raise up a prophet like me; ... Read More

Psalm, Psalms 95:1-2, 6-7, 7-9
1 Come, let us cry out with joy to Yahweh, acclaim ... Read More

Gospel, Mark 1:21-28
21 They went as far as Capernaum, and at once on the ... Read More

Reading 2, First Corinthians 7:32-35
32 I should like you to have your minds free from all ... Read More

Saint of the Day

Saint of the Day for February 1st, 2015 Image

St. Brigid of Ireland
February 1: Brigid was probably born at Faughart near Dundalk, Louth, ... Read More

Inform, Inspire & Ignite Logo

Find Catholic Online on Facebook and get updates right in your live feed.

Become a fan of Catholic Online on Facebook


Follow Catholic Online on Twitter and get News and Product updates.

Follow us on Twitter