Abstract

The article arises from a reflection on ‘life together’ in the context of the STOQ project of a few years ago. It examines the role of law in society, as an instrument of life together. The possiblity of an existence in society, even in the circumstances of the absolute monarchies of centuries gone by or under totalitarian or theocratic or otherwise oppressive governments cannot be denied. The article surveys various politcial theories which have been developed in hsitory to try to justify the role of the state and to ground both its authroity and the duty of subjects to obey it and its laws. It undertakes a criticism of ‘totalitarian democracy’ and of democracy tout court as inadequate foundations for law. It proposes justice which is not merely procedural, but rooted in the basic human goods, as a necessary foundation of law and makes some remarks on unjust laws. It concludes with some observations on ecclesiastical laws, both in the legislative and in the judicial spheres, in the context of the relationship between the respective competence of civil and of ecclesiastical law.