Veritatis Splendor (6 August 1993)
Pope John Paul II's Discussion of Natural Law
Pope Leo XIII's Definition of Natural Law
40. The teaching of the Council emphasizes, on the one hand, the role of human reason in discovering and applying the moral law: the moral life calls for that creativity and originality typical of the person, the source and cause of his own deliberate acts. On the other hand, reason draws its own truth and authority from the eternal law, which is none other than divine wisdom itself. At the heart of the moral life we thus find the principle of a "rightful autonomy" of man, the personal subject of his actions. The moral law has its origin in God and always finds its source in him: at the same time, by virtue of natural reason, which derives from divine wisdom, it is a properly human law. Indeed, as we have seen, the natural law "is nothing other than the light of understanding infused in us by God, whereby we understand what must be done and what must be avoided. God gave this light and this law to man at creation". The rightful autonomy of the practical reason means that man possesses in himself his own law, received from the Creator. Nevertheless, the autonomy of reason cannot mean that reason itself creates values and moral norms. Were this autonomy to imply a denial of the participation of the practical reason in the wisdom of the divine Creator and Lawgiver, or were it to suggest a freedom which creates moral norms, on the basis of historical contingencies or the diversity of societies and cultures, this sort of alleged autonomy would contradict the Church's teaching on the truth about man. It would be the death of true freedom: "But of the tree of the knowledge of good and evil you shall not eat, for in the day that you eat of it you shall die" (Gen 2:17).
41. Man's genuine moral autonomy in no way means the rejection but rather the acceptance of the moral law, of God's command: "The Lord God gave this command to the man..." (Gen 2:16). Human freedom and God's law meet and are called to intersect, in the sense of man's free obedience to God and of God's completely gratuitous benevolence towards man. Hence obedience to God is not, as some would believe, a heteronomy, as if the moral life were subject to the will of something all-powerful, absolute, extraneous to man and intolerant of his freedom. If in fact a heteronomy of morality were to mean a denial of man's self-determination or the imposition of norms unrelated to his good, this would be in contradiction to the Revelation of the Covenant and of the redemptive Incarnation. Such a heteronomy would be nothing but a form of alienation, contrary to divine wisdom and to the dignity of the human person.
Others speak, and rightly so, of theonomy, or participated theonomy, since man's free obedience to God's law effectively implies that human reason and human will participate in God's wisdom and providence. By forbidding man to "eat of the tree of the knowledge of good and evil", God makes it clear that man does not originally possess such "knowledge" as something properly his own, but only participates in it by the light of natural reason and of Divine Revelation, which manifest to him the requirements and the promptings of eternal wisdom. Law must therefore be considered an expression of divine wisdom: by submitting to the law, freedom submits to the truth of creation. Consequently one must acknowledge in the freedom of the human person the image and the nearness of God, who is present in all (cf. Eph 4:6). But one must likewise acknowledge the majesty of the God of the universe and revere the holiness of the law of God, who is infinitely transcendent: Deus semper maior.
Blessed is the man who takes delight in the law of the Lord (cf. Ps 1:1-2)
42. Patterned on God's freedom, man's freedom is not negated by his obedience to the divine law; indeed, only through this obedience does it abide in the truth and conform to human dignity. This is clearly stated by the Council: "Human dignity requires man to act through conscious and free choice, as motivated and prompted personally from within, and not through blind internal impulse or merely external pressure. Man achieves such dignity when he frees himself from all subservience to his feelings, and in a free choice of the good, pursues his own end by effectively and assiduously marshalling the appropriate means".
In his journey towards God, the One who "alone is good", man must freely do good and avoid evil. But in order to accomplish this he must be able to distinguish good from evil. And this takes place above all thanks to the light of natural reason, the reflection in man of the splendor of God's countenance. Thus Saint Thomas, commenting on a verse of Psalm 4, writes: "After saying: Offer right sacrifices (Ps 4:5), as if some had then asked him what right works were, the Psalmist adds: There are many who say: Who will make us see good? And in reply to the question he says: The light of your face, Lord, is signed upon us, thereby implying that the light of natural reason whereby we discern good from evil, which is the function of the natural law, is nothing else but an imprint on us of the divine light". It also becomes clear why this law is called the natural law: it receives this name not because it refers to the nature of irrational beings but because the reason which promulgates it is proper to human nature.
43. The Second Vatican Council points out that the "supreme rule of life is the divine law itself, the eternal, objective and universal law by which God out of his wisdom and love arranges, directs and governs the whole world and the paths of the human community. God has enabled man to share in this divine law, and hence man is able under the gentle guidance of God's providence increasingly to recognize the unchanging truth".
The Council refers back to the classic teaching on God's eternal law. Saint Augustine defines this as "the reason or the will of God, who commands us to respect the natural order and forbids us to disturb it". Saint Thomas identifies it with "the type of the divine wisdom as moving all things to their due end". And God's wisdom is providence, a love which cares. God himself loves and cares, in the most literal and basic sense, for all creation (cf. Wis 7:22; 8:11). But God provides for man differently from the way in which he provides for beings which are not persons. He cares for man not "from without", through the laws of physical nature, but "from within", through reason, which, by its natural knowledge of God's eternal law, is consequently able to show man the right direction to take in his free actions. In this way God calls man to participate in his own providence, since he desires to guide the world — not only the world of nature but also the world of human persons — through man himself, through man's reasonable and responsible care. The natural law enters here as the human expression of God's eternal law. Saint Thomas writes: "Among all others, the rational creature is subject to divine providence in the most excellent way, insofar as it partakes of a share of providence, being provident both for itself and for others. Thus it has a share of the Eternal Reason, whereby it has a natural inclination to its proper act and end. This participation of the eternal law in the rational creature is called natural law".
44. The Church has often made reference to the Thomistic doctrine of natural law, including it in her own teaching on morality. Thus my Venerable Predecessor Leo XIII (Gioacchino Pecci, Pontificate from 20.II.1878 to 20.VII.1903) emphasized the essential subordination of reason and human law to the Wisdom of God and to his law. After stating that "the natural law is written and engraved in the heart of each and every man, since it is none other than human reason itself which commands us to do good and counsels us not to sin", Leo XIII appealed to the "higher reason" of the divine Lawgiver: "But this prescription of human reason could not have the force of law unless it were the voice and the interpreter of some higher reason to which our spirit and our freedom must be subject". Indeed, the force of law consists in its authority to impose duties, to confer rights and to sanction certain behavior: "Now all of this, clearly, could not exist in man if, as his own supreme legislator, he gave himself the rule of his own actions". And he concluded: "It follows that the natural law is itself the eternal law, implanted in beings endowed with reason, and inclining them towards their right action and end; it is none other than the eternal reason of the Creator and Ruler of the universe".
Man is able to recognize good and evil thanks to that discernment of good from evil which he himself carries out by his reason, in particular by his reason enlightened by Divine Revelation and by faith, through the law which God gave to the Chosen People, beginning with the commandments on Sinai. Israel was called to accept and to live out God's law as a particular gift and sign of its election and of the divine Covenant, and also as a pledge of God's blessing. Thus Moses could address the children of Israel and ask them: "What great nation is that that has a god so near to it as the Lord our God is to us, whenever we call upon him? And what great nation is there that has statutes and ordinances so righteous as all this law which I set before you this day?" (Dt 4:7-8). In the Psalms we encounter the sentiments of praise, gratitude and veneration which the Chosen People is called to show towards God's law, together with an exhortation to know it, ponder it and translate it into life. "Blessed is the man who walks not in the counsel of the wicked, nor stands in the way of sinners, nor sits in the seat of scoffers, but his delight is in the law of the Lord and on his law he meditates day and night" (Ps 1:1-2). "The law of the Lord is perfect, reviving the soul; the testimony of the Lord is sure, making wise the simple; the precepts of the Lord are right, rejoicing the heart; the commandment of the Lord is pure, enlightening the eyes" (Ps 1819:8-9).
45. The Church gratefully accepts and lovingly preserves the entire deposit of Revelation, treating it with religious respect and fulfilling her mission of authentically interpreting God's law in the light of the Gospel. In addition, the Church receives the gift of the New Law, which is the "fulfillment" of God's law in Jesus Christ and in his Spirit. This is an "interior" law (cf. Jer 31:31-33), "written not with ink but with the Spirit of the living God, not on tablets of stone but on tablets of human hearts" (2 Cor 3:3); a law of perfection and of freedom (cf. 2 Cor 3:17); "the law of the Spirit of life in Christ Jesus" (Rom 8:2). Saint Thomas writes that this law "can be called law in two ways. First, the law of the spirit is the Holy Spirit... who, dwelling in the soul, not only teaches what it is necessary to do by enlightening the intellect on the things to be done, but also inclines the affections to act with uprightness... Second, the law of the spirit can be called the proper effect of the Holy Spirit, and thus faith working through love (cf. Gal 5:6), which teaches inwardly about the things to be done... and inclines the affections to act".
Even if moral-theological reflection usually distinguishes between the positive or revealed law of God and the natural law, and, within the economy of salvation, between the "old" and the "new" law, it must not be forgotten that these and other useful distinctions always refer to that law whose author is the one and the same God and which is always meant for man. The different ways in which God, acting in history, cares for the world and for mankind are not mutually exclusive; on the contrary, they support each other and intersect. They have their origin and goal in the eternal, wise and loving counsel whereby God predestines men and women "to be conformed to the image of his Son" (Rom 8:29). God's plan poses no threat to man's genuine freedom; on the contrary, the acceptance of God's plan is the only way to affirm that freedom.
"What the law requires is written on their hearts" (Rom 2:15)
46. The alleged conflict between freedom and law is forcefully brought up once again today with regard to the natural law, and particularly with regard to nature. Debates about nature and freedom have always marked the history of moral reflection; they grew especially heated at the time of the Renaissance and the Reformation, as can be seen from the teaching of the Council of Trent.85 Our own age is marked, though in a different sense, by a similar tension. The penchant for empirical observation, the procedures of scientific objectification, technological progress and certain forms of liberalism have led to these two terms being set in opposition, as if a dialectic, if not an absolute conflict, between freedom and nature were characteristic of the structure of human history. At other periods, it seemed that "nature" subjected man totally to its own dynamics and even its own unbreakable laws. Today too, the situation of the world of the senses within space and time, physio-chemical constants, bodily processes, psychological impulses and forms of social conditioning seem to many people the only really decisive factors of human reality. In this context even moral facts, despite their specificity, are frequently treated as if they were statistically verifiable data, patterns of behavior which can be subject to observation or explained exclusively in categories of psychosocial processes. As a result, some ethicists, professionally engaged in the study of human realities and behavior, can be tempted to take as the standard for their discipline and even for its operative norms the results of a statistical study of concrete human behavior patterns and the opinions about morality encountered in the majority of people.
Other moralists, however, in their concern to stress the importance of values, remain sensitive to the dignity of freedom, but they frequently conceive of freedom as somehow in opposition to or in conflict with material and biological nature, over which it must progressively assert itself. Here various approaches are at one in overlooking the created dimension of nature and in misunderstanding its integrity. For some, "nature" becomes reduced to raw material for human activity and for its power: thus nature needs to be profoundly transformed, and indeed overcome by freedom, inasmuch as it represents a limitation and denial of freedom. For others, it is in the untrammelled advancement of man's power, or of his freedom, that economic, cultural, social and even moral values are established: nature would thus come to mean everything found in man and the world apart from freedom. In such an understanding, nature would include in the first place the human body, its make-up and its processes: against this physical datum would be opposed whatever is "constructed", in other words "culture", seen as the product and result of freedom. Human nature, understood in this way, could be reduced to and treated as a readily available biological or social material. This ultimately means making freedom selfdefining and a phenomenon creative of itself and its values. Indeed, when all is said and done man would not even have a nature; he would be his own personal life-project. Man would be nothing more than his own freedom!
47. In this context, objections of physicalism and naturalism have been leveled against the traditional conception of the natural law, which is accused of presenting as moral laws what are in themselves mere biological laws. Consequently, in too superficial a way, a permanent and unchanging character would be attributed to certain kinds of human behavior, and, on the basis of this, an attempt would be made to formulate universally valid moral norms. According to certain theologians, this kind of "biological or naturalistic argumentation" would even be present in certain documents of the Church's Magisterium, particularly those dealing with the area of sexual and conjugal ethics. It was, they maintain, on the basis of a naturalistic understanding of the sexual act that contraception, direct sterilization, autoeroticism, pre-marital sexual relations, homosexual relations and artificial insemination were condemned as morally unacceptable. In the opinion of these same theologians, a morally negative evaluation of such acts fails to take into adequate consideration both man's character as a rational and free being and the cultural conditioning of all moral norms. In their view, man, as a rational being, not only can but actually must freely determine the meaning of his behavior. This process of "determining the meaning" would obviously have to take into account the many limitations of the human being, as existing in a body and in history. Furthermore, it would have to take into consideration the behavioral models and the meanings which the latter acquire in any given culture. Above all, it would have to respect the fundamental commandment of love of God and neighbor. Still, they continue, God made man as a rationally free being; he left him "in the power of his own counsel" and he expects him to shape his life in a personal and rational way. Love of neighbor would mean above all and even exclusively respect for his freedom to make his own decisions. The workings of typically human behavior, as well as the so-called "natural inclinations", would establish at the most — so they say — a general orientation towards correct behavior, but they cannot determine the moral assessment of individual human acts, so complex from the viewpoint of situations.
48. Faced with this theory, one has to consider carefully the correct relationship existing between freedom and human nature, and in particular the place of the human body in questions of natural law.
A freedom which claims to be absolute ends up treating the human body as a raw datum, devoid of any meaning and moral values until freedom has shaped it in accordance with its design. Consequently, human nature and the body appear as presuppositions or preambles, materially necessary for freedom to make its choice, yet extrinsic to the person, the subject and the human act. Their functions would not be able to constitute reference points for moral decisions, because the finalities of these inclinations would be merely "physical" goods, called by some "pre-moral". To refer to them, in order to find in them rational indications with regard to the order of morality, would be to expose oneself to the accusation of physicalism or biologism. In this way of thinking, the tension between freedom and a nature conceived of in a reductive way is resolved by a division within man himself.
This moral theory does not correspond to the truth about man and his freedom. It contradicts the Church's teachings on the unity of the human person, whose rational soul is per se et essentialiter the form of his body.86 The spiritual and immortal soul is the principle of unity of the human being, whereby it exists as a whole — corpore et anima unus 87 — as a person. These definitions not only point out that the body, which has been promised the resurrection, will also share in glory. They also remind us that reason and free will are linked with all the bodily and sense faculties. The person, including the body, is completely entrusted to himself, and it is in the unity of body and soul that the person is the subject of his own moral acts. The person, by the light of reason and the support of virtue, discovers in the body the anticipatory signs, the expression and the promise of the gift of self, in conformity with the wise plan of the Creator. It is in the light of the dignity of the human person — a dignity which must be affirmed for its own sake — that reason grasps the specific moral value of certain goods towards which the person is naturally inclined. And since the human person cannot be reduced to a freedom which is self-designing, but entails a particular spiritual and bodily structure, the primordial moral requirement of loving and respecting the person as an end and never as a mere means also implies, by its very nature, respect for certain fundamental goods, without which one would fall into relativism and arbitrariness.
49. A doctrine which dissociates the moral act from the bodily dimensions of its exercise is contrary to the teaching of Scripture and Tradition. Such a doctrine revives, in new forms, certain ancient errors which have always been opposed by the Church, inasmuch as they reduce the human person to a "spiritual" and purely formal freedom. This reduction misunderstands the moral meaning of the body and of kinds of behavior involving it (cf. 1 Cor 6:19). Saint Paul declares that "the immoral, idolaters, adulterers, sexual perverts, thieves, the greedy, drunkards, revilers, robbers" are excluded from the Kingdom of God (cf. 1 Cor 6:9). This condemnation — repeated by the Council of Trent"88 — lists as "mortal sins" or "immoral practices" certain specific kinds of behavior the willful acceptance of which prevents believers from sharing in the inheritance promised to them. In fact, body and soul are inseparable: in the person, in the willing agent and in the deliberate act, they stand or fall together.
50. At this point the true meaning of the natural law can be understood: it refers to man's proper and primordial nature, the "nature of the human person",89 which is the person himself in the unity of soul and body, in the unity of his spiritual and biological inclinations and of all the other specific characteristics necessary for the pursuit of his end. "The natural moral law expresses and lays down the purposes, rights and duties which are based upon the bodily and spiritual nature of the human person. Therefore this law cannot be thought of as simply a set of norms on the biological level; rather it must be defined as the rational order whereby man is called by the Creator to direct and regulate his life and actions and in particular to make use of his own body".90 To give an example, the origin and the foundation of the duty of absolute respect for human life are to be found in the dignity proper to the person and not simply in the natural inclination to preserve one's own physical life. Human life, even though it is a fundamental good of man, thus acquires a moral significance in reference to the good of the person, who must always be affirmed for his own sake. While it is always morally illicit to kill an innocent human being, it can be licit, praiseworthy or even imperative to give up one's own life (cf. Jn 15:13) out of love of neighbour or as a witness to the truth. Only in reference to the human person in his "unified totality", that is, as "a soul which expresses itself in a body and a body informed by an immortal spirit",91 can the specifically human meaning of the body be grasped. Indeed, natural inclinations take on moral relevance only insofar as they refer to the human person and his authentic fulfillment, a fulfillment which for that matter can take place always and only in human nature. By rejecting all manipulations of corporeity which alter its human meaning, the Church serves man and shows him the path of true love, the only path on which he can find the true God.
The natural law thus understood does not allow for any division between freedom and nature. Indeed, these two realities are harmoniously bound together, and each is intimately linked to the other.
"From the beginning it was not so" (Mt 19:8)
51. The alleged conflict between freedom and nature also has repercussions on the interpretation of certain specific aspects of the natural law, especially its universality and immutability. "Where then are these rules written", Saint Augustine wondered, "except in the book of that light which is called truth? From thence every just law is transcribed and transferred to the heart of the man who works justice, not by wandering but by being, as it were, impressed upon it, just as the image from the ring passes over to the wax, and yet does not leave the ring".92
Precisely because of this "truth" the natural law involves universality. Inasmuch as it is inscribed in the rational nature of the person, it makes itself felt to all beings endowed with reason and living in history. In order to perfect himself in his specific order, the person must do good and avoid evil, be concerned for the transmission and preservation of life, refine and develop the riches of the material world, cultivate social life, seek truth, practise good and contemplate beauty.93
The separation which some have posited between the freedom of individuals and the nature which all have in common, as it emerges from certain philosophical theories which are highly influential in present- day culture, obscures the perception of the universality of the moral law on the part of reason. But inasmuch as the natural law expresses the dignity of the human person and lays the foundation for his fundamental rights and duties, it is universal in its precepts and its authority extends to all mankind. This universality does not ignore the individuality of human beings, nor is it opposed to the absolute uniqueness of each person. On the contrary, it embraces at its root each of the person's free acts, which are meant to bear witness to the universality of the true good. By submitting to the common law, our acts build up the true communion of persons and, by God's grace, practise charity, "which binds everything together in perfect harmony" (Col 3:14). When on the contrary they disregard the law, or even are merely ignorant of it, whether culpably or not, our acts damage the communion of persons, to the detriment of each.
52. It is right and just, always and for everyone, to serve God, to render him the worship which is his due and to honour one's parents as they deserve. Positive precepts such as these, which order us to perform certain actions and to cultivate certain dispositions, are universally binding; they are "unchanging".94 They unite in the same common good all people of every period of history, created for "the same divine calling and destiny".95 These universal and permanent laws correspond to things known by the practical reason and are applied to particular acts through the judgment of conscience. The acting subject personally assimilates the truth contained in the law. He appropriates this truth of his being and makes it his own by his acts and the corresponding virtues. The negative precepts of the natural law are universally valid. They oblige each and every individual, always and in every circumstance. It is a matter of prohibitions which forbid a given action semper et pro semper, without exception, because the choice of this kind of behavior is in no case compatible with the goodness of the will of the acting person, with his vocation to life with God and to communion with his neighbor. It is prohibited — to everyone and in every case — to violate these precepts. They oblige everyone, regardless of the cost, never to offend in anyone, beginning with oneself, the personal dignity common to all.
On the other hand, the fact that only the negative commandments oblige always and under all circumstances does not mean that in the moral life prohibitions are more important than the obligation to do good indicated by the positive commandments. The reason is this: the commandment of love of God and neighbor does not have in its dynamic any higher limit, but it does have a lower limit, beneath which the commandment is broken. Furthermore, what must be done in any given situation depends on the circumstances, not all of which can be foreseen; on the other hand there are kinds of behavior which can never, in any situation, be a proper response — a response which is in conformity with the dignity of the person. Finally, it is always possible that man, as the result of coercion or other circumstances, can be hindered from doing certain good actions; but he can never be hindered from not doing certain actions, especially if he is prepared to die rather than to do evil.
The Church has always taught that one may never choose kinds of behavior prohibited by the moral commandments expressed in negative form in the Old and New Testaments. As we have seen, Jesus himself reaffirms that these prohibitions allow no exceptions: "If you wish to enter into life, keep the commandments... You shall not murder, You shall not commit adultery, You shall not steal, You shall not bear false witness" (Mt 19:17-18).
53. The great concern of our contemporaries for historicity and for culture has led some to call into question the immutability of the natural law itself, and thus the existence of "objective norms of morality" 96 valid for all people of the present and the future, as for those of the past. Is it ever possible, they ask, to consider as universally valid and always binding certain rational determinations established in the past, when no one knew the progress humanity would make in the future?
It must certainly be admitted that man always exists in a particular culture, but it must also be admitted that man is not exhaustively defined by that same culture. Moreover, the very progress of cultures demonstrates that there is something in man which transcends those cultures. This "something" is precisely human nature: this nature is itself the measure of culture and the condition ensuring that man does not become the prisoner of any of his cultures, but asserts his personal dignity by living in accordance with the profound truth of his being. To call into question the permanent structural elements of man which are connected with his own bodily dimension would not only conflict with common experience, but would render meaningless Jesus' reference to the "beginning", precisely where the social and cultural context of the time had distorted the primordial meaning and the role of certain moral norms (cf. Mt 19:1-9). This is the reason why "the Church affirms that underlying so many changes there are some things which do not change and are ultimately founded upon Christ, who is the same yesterday and today and for ever".97 Christ is the "Beginning" who, having taken on human nature, definitively illumines it in its constitutive elements and in its dynamism of charity towards God and neighbour.98
Certainly there is a need to seek out and to discover the most adequate formulation for universal and permanent moral norms in the light of different cultural contexts, a formulation most capable of ceaselessly expressing their historical relevance, of making them understood and of authentically interpreting their truth. This truth of the moral law — like that of the "deposit of faith" — unfolds down the centuries: the norms expressing that truth remain valid in their substance, but must be specified and determined "eodem sensu eademque sententia" 99 in the light of historical circumstances by the Church's Magisterium, whose decision is preceded and accompanied by the work of interpretation and formulation characteristic of the reason of individual believers and of theological reflection.100