Abstract

The contribution focuses on the question of the proper relationship between law and morality or secular law and natural law as its pre-positive foundation. The reflection on this fundamental question of legal ethics will be accompanied by an attempt to determine the possible relationship between theological ethics and secular law.

The starting point for the pursuit of these questions are the reflections of St. Augustine (354 – 430) on the relationship between faith in God and the obligation of law, which he develops in the context of his great work De civitate Dei and a theology of history in its wake. More precisely, it is the juxtaposition of two kingdoms or citizenships through which the Latin church father lays the foundation for many further conceptualizations between law and ethics: He distinguishes between the ideal state of God (civitas Dei) on the one hand, whose citizens strive to restore the original state of love in the bond with God, and the factually existing earthly state (civitas terrena) on the other hand, whose goal is to guarantee minimal conditions of human life in a state of justice (status iustitiae).

The preceding considerations on the relationship between law and morality in the horizon of theological ethics can then be summarized in a concise way by the example of Christian marriage theology. Christian marriage, as a legal institution and sacrament in equal measure, reflects precisely this tension between law and morality.