@danieldemol Very much agree.
I would hate to live under any sort of theocracy, not least one inspired by my own religion - as a minority, fundamentalist group of Catholic 'integralists', who are at odds with the current Vatican, advocate.
So far as I'm concerned, faith and morality cannot be dictated through policymaking. You cannot legislate morality. God acts upon the human conscience, through the impulse of grace and not by means of the state.
"In order for all persons to exercise their liberty, the state must tolerate those freely chosen actions of citizens of which it disapproves." (William Galston, Liberal Purposes, (Cambridge: Cambridge University Press, 1991), p.222)
A theocracy cannot admit of this, since the system touts its own laws and processes as emanating from divine sanction, therefore it is an inherently defective governmental order.
According to St. Thomas Aquinas (1225–1274), through the moral intuitions of conscience and reason human beings have direct access to the Natural Law, which itself participates in the Eternal Law (the Mind of God). Because of original sin, our ability to comprehend the natural law will never be perfect, and so perfection cannot be expected from any temporal legal systems.
https://www.google.co.uk/amp/s/amp....belief/2012/mar/05/thomas-aquinas-natural-law
[For Aquinas] law is not about individual morality, and individual vices should only be legislated against when they threaten harm to others. Unlike Aristotle, Aquinas believed that an informed conscience takes precedence over law. No individual should obey a law that he or she believes to be unjust, because laws that violate reason are not laws. Moreover, laws must have sufficient flexibility to be waived when necessary in the interests of the common good.
This last part is critical: if a piece of legislation is regard as 'divinely authored', it cannot have the flexibility to be waived when it conflicts with the common good. And the law must always serve the common good.
Saint Thomas Aquinas and Saint Augustine of Hippo both maintained that prostitution was gravely immoral, for instance, and thus out of keeping with their religion. Yet they did not see its immorality as sufficient to justify a legal proscription of the practice by civil governments. Aquinas advocated tolerance of prostitution by noting:
“
Accordingly in human government also, those who are in authority rightly tolerate certain evils, lest certain goods be lost, or certain evils be incurred: thus Augustine says [De ordine 2.4]: ‘If you do away with harlots, the world will be convulsed with lust.’”
(ST II-II, q. 10, a. 11)
The historian Vincent Dever concisely summarized Aquinas’ thoughts on this:
illinoismedieval.org/ems/VOL13/13ch4.html
While civil law does forbid certain vicious acts such as murder and theft, and requires certain acts of virtue such as caring for one’s children and paying one’s debts, it cannot “forbid all vicious acts” nor can it prescribe “all acts of virtue.” Aside from the fact that it would supplant the need for eternal law, why cannot civil law be enacted to prohibit all vicious activities?
The goal of human law is the temporal tranquility of the state and not eternal salvation. Given this goal of temporal peace and order, Aquinas notes that the mandate of human law is to prohibit “whatever destroys social intercourse” and not to “prohibit everything contrary to virtue.” The main reason for civil law’s inability to prohibit all vice is that it cannot effect a full internal reform of an individual.
An individual in their personal moral life is wounded by original sin and can only be restored by God’s grace. Therefore the coercive and educating power of human law is inefficacious in this realm. Aquinas asserts, then, that human law cannot “exact perfect virtue from man, for such virtue belongs to few and cannot be found in so great a number of people as human law has to direct".
In secular states, we prudentially judge a given situation and formulate appropriate legislation to address it, using our minds and consensus in a given society. This will change from decade-to-decade, with older legislation continually requiring review after the passage of time, as human understanding progresses and social conditions develop (
populorum progressio).
Since legislation mutates and develops continually - with fresh supreme court judgments overturning older precedents and every new parliament / congress, after an election, passing newer laws to update the existing statutebook, in accord with government policy and evolving social trends - I can't say I would see the merit in having a cache of 'immutable' positive law that is deemed so sacred that we are, basically, '
stuck' with it for eternity.
It's impractical, quite apart from anything else.