#9 When is Law Legitimate? 12 Criteria for Discerning
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In this episode, we ask the question “When is law legitimate?” and describe the following twelve criteria for discerning the legitimacy of any particular law:
1. A law must fulfill its functions.
2. A law must not be contrary to moral principles.
3. A law must be prescribed by a legitimate governing authority.
4. A law must be knowable.
5. A law must be understandable.
6. A law must be specific.
7. A law must be practical to enforce and to determine when it has been broken.
8. A law must not contradict a higher law nor undermine it’s own foundation.
9. A law must not exceed the jurisdiction of the governing body or its legal foundation.
10. A law must be logical and grounded in reality.
11. A law must be necessary.
12. A law must not be retroactive.
We use logic and syllogisms and referenced paragraph 1894 of the Catechism of the Catholic Church.