Ethics and Law. A Definition of the Relationship from the Perspective of Catholic Moral Theology

Abstract

Ethics and law are indispensable points of reference for political debates of modern societies. Certainly, no one would dispute that ethics and law should be distinguished. What seems difficult to answer is the question whether and how the two disciplines should remain related to each other despite the distinction. How far may ethical considerations influence the law? This article introduces contemporary accounts of the normative relationship between ethics and law. It presents the most important aspects of theological discussion and of doctrinal development since Vatican II. Against this background, the author argues that theology should remain committed to the necessity of an ethical foundation and critique of law. By contrast, the essentialist claim that the notion of law should itself be dependent on questions of justice can be abandoned.