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Lex malla, Lex nulla

30 Saturday Jun 2012

Posted by redeemingthepast in Uncategorized

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Catholic, Courts

An except from an essay written by Christopher Manion from Crisis:

The laity have every right to know that however weak the voice of our bishops has been on moral matters in our lifetimes, the truth has not been abrogated. And when the law attacks the truth, the decision is simple: lex malla, lex nulla. As Aquinas puts it, “human law is law only by virtue of its accordance with right reason; and thus it is manifest that it flows from the eternal law. And in so far as it deviates from right reason it is called an unjust law; in such case it is no law at all, but rather a species of violence.” (ST I-II 93.3 ad 2)

The recent ruling concerning the ACA (Affordable Care Act) penned by Chief Justice Roberts doesn’t change the fact that the ACA is bad law from both Natural Law and Constitutional Law point of view. In the coming months and years Catholics will find just how bad this law is. Not only was Due Process shredded, but the Court Majority willfully re-wrote the ACA in order to save it. Right Reason was dispensed with in order to reach a desired outcome. We will be living with the unintended consequences of this ruling for years to come.

 

 

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