Article II: On the Author of Civil Law

267. Thesis. Legislative power originally is from God as from the author of nature. - This is clear a) from Scripture: Wis. VI, 2-4; Rom. XIII, 1-7; Prov. VIII, 15-16; Eccli. XVII, 14; b) from reason: for man is naturally a social animal; but society needs a power by which it is ruled; therefore this power is from the author of nature (cf. Leo XIII, enc. Diuturnum, June 29, 1881; Immortale Dei, November 1, 1885; and Humanum genus, April 20, 1884).

268. Power is communicated by God as principal cause, but through the multitude as instrumental cause.

The community of itself is bound to hand over that power, not for a time and in a revocable mode, but in a stable mode in perpetuity, not to be exercised in its name but to be possessed as proper: for thus, from the nature of things, it is ordinarily necessary for the good rule of society. But it can be handed over to various subjects according to the various form or regime of society. If it resides wholly in one, the regime is monarchical; if in an assembly of several nobles, the best or the powerful, it is aristocratic or oligarchical; if in the community itself or in an assembly chosen from every condition and designated by all, it is democratic; finally, if at the same time but partially it resides in several, it is a mixed regime, which flourishes in present-day nations: thus in Belgium it resides partially in a twofold assembly of elected persons who establish laws and in the king who can sanction or not sanction and promulgate laws (Belgian Constitution, art. 26).

Power exists fully in the supreme authority; from that it is sometimes derived restrictedly to certain subordinates, as happens in fiefs, confederated states, etc.

269. Power does not depend per se on faith, probity of life, good morals, nor therefore on sex, age, and other conditions of the subject in whom it resides.

This is clear a) from the Council of Constance, session 8, condemning proposition 15 of Wycliffe;

b) from Scripture, both from the words of Christ commanding tribute to be paid to a pagan prince (Mt. XXII, 21) and to obey the evil and wicked Pharisees (XXIII, 3), and from the words of the Apostles, who teach that unbelieving princes are ministers of God to whom one must obey in conscience (Rom. XIII, 5-7; Tit. III, 1; I Pet. II, 13-15);

c) by reason: man can command not because he is good, but because he is superior.

Nevertheless per accidens power can depend on the aforesaid conditions, if it is so specially determined in law.