Politica

X-XVII. Secular Communication

Politica_051-100.indd 79 1/11/12 10:11 PM X-XVII Secular Communication X N OW THAT WE HAVE DISCUSSED the ecclesiastical aspect of symbiotic communion in the universal association, we turn to its secular counterpart. Secular and political communion in the universal realm is the process by which the necessary and convenient means for carrying on a common life ofjustice together are communicated among the members ofthe realm. This communion is the practice ofthose things that relate to the use ofthis life or the public affairs of the realm. Whence arises the secular right of sovereignty (jus majestatis), and the employment ofa king. This secular right ofthe realm (jus regni), or right ofsovereignty, guides the life ofjustice organized in universal symbiosis according to the second table ofthe Decalogue. This right trains us how to live justly in the present world, as the Apostle says,1 and so involves the practice of the second table of the Decalogue.§ 1 This secular right of sovereignty is both general and speciaJ.2 §2 The general and secular right prescribes for members ofthe association the method and form for living and actingjustly in each and all affairs of this symbiosis. Therefore, the various affairs ofthis universal association are to be tested by and accommodated to this right. We must here consider both the promulgation and the execu- §3 tion ofthe general right (jus). 3 Promulgation ofthis right is the process 1 Titus 2:12. 2 [General right of sovereignty is common to all universal associations; special right of sovereignty is proper to each one according to its own requirements. The former, which is the common law (jus commune) as it pertains to the universal association, is discussed in Chapter X; the latter, which is the proper law (jus proprium) of the same, is discussed in Chapters XI-XVII.] 3 [law.] 79 Politica_051-100.indd 80 1/11/12 10:11 PM 80 Politica by which it is publicly announced and accepted as the rule and norm of§4 all just actions in universal symbiosis.... This law and right (lex et jus) is the rule of things to be done and to be omitted by members of the realm individually and collectively, and is prescribed for the conservation of the life ofjustice and the universal association. It is called by Seneca the bond that holds the commonwealth together, and a vital spirit that the city breathes, which if withdrawn leaves the city as nothing in itself except a burden and a prey." This right is the guiding light of civil life, the scale ofjustice, the preserver ofliberty, a bulwark of public peace and discipline, a refuge for the weak, a bridle for the powerful, and a norm and straightener of imperium. It can be called the public command ofthe people, as well as the promise and assurance by the people that they will perform what is permitted and avoid what is not permitted. It is also the precept by which political life is instituted and cultivated according to a prescribed manner in the realm, and by which duties to the fellow citizen or neighbor are performed and things forbidden are omitted. Whence in Psalms and other places of sacred scripture we find many times the notion, "Do good and abstain from evil."5 Hence the precepts ofthe Decalogue are both affirmative and negative, a commanding and prohibiting, mandates and interdicts.§5 Therefore, when we know the things that are to be vouchsafed by us to our neighbor, it is easy to determine the things to be omitted§6 and avoided. Those that are to be vouchsafed to our neighbor in this civil and social life-which rightly are owed to him and are his so that he possesses them as his own-are, first, his natural life, including the liberty and safety of his own body. The opposite of these are terror, murder, injury, wounds, beatings, compulsion, slavery, fetters, and coercion. Secondly, the neighbor possesses his reputation, good name, honor, and dignity, which are called the "second self" ofman. Opposed to them are insult, ill repute, and contempt. And here I also include chastity of body, the contrary of which is any kind of uncleanness and fornication. Also pertaining to this category are the right offamily, and the right ofcitizenship that belongs to some. Thirdly, a man has external 4 Clemency, I, 4. [Seneca, however, ascribes these attributes not to law as such, but to the emperor as the soul and intelligence of...