Ethics by Authority

 THE DIVINE COMMAND THEORY
  AND RELATIVISM

 MORALITY IS BASED ON GOD'S COMMANDS
 Robert C. Mortimer
( From Christian Ethics by Robert C. Mortimer Hutchinson's University Library; 1950.)

 [Robert C. Mortimer Anglican Bishop of Exeter; is author of the influential Christian Ethics (I950). In the following selection taken from that book, Mortimer defends what is known as the divine command theory of ethics, according to which the rightness or wrongness of an action depends on God; commands. According to Mortimer; then, God; commands set forth a universally valid set of basic moral principles that are revealed to human beings in the Bible.]

 The Christian religion is essentially a revelation of the nature of God. It tells men that God has done certain things. And from the nature of these actions we can infer what God is like. In the second place the Christian religion tells men what is the will of God for them, how they must live if they would please God. This second message is clearly dependent on the first. The kind of conduct which will please God depends on the kind of person God is. This is what is meant by saying that belief influences conduct. The once popular view that it does not matter what a man believes so long as he acts decently is nonsense. Because what he considers decent depends on what he believes. If you are a Nazi you will behave as a Nazi, if you are a Communist you will behave as a Communist, and if you are a Christian you will behave as a Christian. At least, in general; for a man does not always do what he knows he ought to do. and he does not always recognize clearly the implications for conduct of his belief. But in general, our conduct, or at least our notions of what constitutes right conduct, are shaped by our beliefs. The man who knows about God—has a right faith—knows or may learn what conduct is pleasing to God and therefore right.

  The Christian religion has a clear revelation of the nature of God, and by means of it instructs and enlightens the consciences of men. The first foundation is the doctrine of God the Creator. God made us and all the world. Because of that He has an absolute claim on our obedience. We do not exist in our own right, but only as His creatures, who ought therefore to do and be what He desires. We do not possess anything in the world, absolutely, not even our own bodies; we hold things in trust for God, who created them, and are bound, therefore, to use them only as He intends that they should be used. This is the doctrine contained in the first chapters of Genesis. God created man and placed him in the Garden of Eden with all the animals and the fruits of the earth at his disposal, subject to God's own law. "Of the fruit of the tree of the knowledge of good and evil thou shall not eat." Man's ownership and use of the material world is not absolute, but subject to the law of God.

  From the doctrine of God as the Creator and source of all that is, it follows that a thing is not right simply because we think it is, still less because it seems to be expedient. It is right because God commands it. This means that there is a real distinction between right and wrong which is independent of what we happen to think. It is rooted in the nature and will of God. When a man's conscience tells him that a thing is right, which is in fact what God wills, his conscience is true and its judgment correct; when a man's conscience tells him a thing is right which is, in fact, contrary to God's will, his conscience is false and telling him a lie. It is a lamentably common experience for a man's conscience to play him false, so that in all good faith he does what is wrong, thinking it to be right. "Yea the time cometh that whoever killeth you will think that he doeth God service." But this does not mean that whatever you think is right is right. It means that even conscience can be wrong: that the light which is in you can be darkness....

  The pattern of conduct which God has laid down for man is the same for all men. It is universally valid. When we speak of Christian ethics we do not mean that there is one law for Christians and another for non-Christians. We mean the Christian understanding and statement of the one common law for all men. Enbelievers also know or can be persuaded of that law or of part of it: Christians have a fuller and better knowledge. The reason for this is that Christians have by revelation a fuller and truer knowledge both of the nature of God Himself and of the nature of man.

  The Revelation in the Bible plays a three-fold part. In the first place it recalls and restates in simple and even violent language fundamental moral judgments which men are always in danger of forgetting or explaining away. It thus provides a norm and standard of human behavior in the broadest and simplest outline. Man's duty to worship God and love the truth, to respect lawful authority, to refrain from violence and robbery, to live in chastity, to be fair and even merciful in his dealings with his neighbor—and all this as the declared will of God, the way man must live if he would achieve his end—this is the constant theme of the Bible. The effect of it is not to reveal something new which men could not have found out for themselves, but to recall them to what they have forgotten or with culpable blindness have failed to perceive....

  And this leads to the second work of Revelation. The conduct which God demands of men, He demands out of His own Holiness and Righteousness. "Be ye perfect, as your Father in Heaven is perfect." Not the service of the lips but of the heart, not obedience in the letter but in the Spirit is commanded. The standard is too high: the Judge too all seeing and just. The grandeur and majesty of the moral law proclaims the weakness and impotence of man. It shatters human pride and self-sufficiency: it overthrows that complacency with which the righteous regard the tattered robes of their partial virtues, and that satisfaction with which rogues rejoice to discover other men more evil than themselves. The revelation of the holiness of God and His Law, once struck home, drives men to confess their need of grace and brings them to Christ their Savior.

  Lastly, revelation, by the light which it throws on the nature of God and man, suggests new emphases and new precepts, a new scale of values which could not at all, or could not easily, have been perceived.... Thus it comes about that Christian ethics is at once old and new. It covers the same ground of human conduct as the law of the Old Testament and the "law of the Gentiles written in their hearts." Many of its precepts are the same precepts. Yet all is seen in a different light and in a new perspective—the perspective of God~s love manifested in Christ. It will be worth while to give one or two illustrations of this.

  Revelation throws into sharp relief the supreme value of each individual human being. Every man is an immortal soul created by God and designed for an eternal inheritance. The love of God effected by the Incarnation the restoration and renewal of fallen human nature in order that all men alike might benefit thereby. The Son of God showed particular care and concern for the fallen, the outcast, the weak and the despised. He came, not to call the righteous, but sinners to repentance. Like a good shepherd, He sought especially for the sheep which was lost. Moreover, the divine drama of Calvary which was the cost of man's redemption, the price necessary to give him again a clear picture of what human nature was designed to be and to provide him with the inspiration to strive towards it and the assurance that he is not irrevocably tied and bound to his sinful, selfish past, makes it equally clear that in the eyes of the Creator His creature man is of infinite worth and value.

  The lesson is plain and clear: all men equally are the children of God, all men equally are the object of His love. In consequence of this, Christian ethics has always asserted that every man is a person possessed of certain inalienable rights, that he is an end in himself, never to be used merely as a means to something else. And he is this in virtue of his being a man, no matter what his race or color, no matter how well or poorly endowed with talents, no matter how primitive or developed. And further, since man is an end in himself, and that end transcends this world of time and space, being fully attained only in heaven, it follows that the individual takes precedence over society, in the sense that society exists for the good of its individual members, not those members for society. However much the good of the whole is greater than the good of any one of its parts, and whatever the duties each man owes to society, individual persons constitute the supreme value, and society itself exists only to promote the good of those persons.

  This principle of the infinite worth of the individual is explicit in Scripture, and in the light of it all totalitarian doctrines of the State stand condemned. However, the implications of this principle for human living and for the organization of society are not explicit, but need to be perceived and worked out by the human conscience. How obtuse that conscience can be, even when illumined by revelation, is startlingly illustrated by the long centuries in which Christianity tolerated the institution of slavery. In view of the constant tendency of man to exploit his fellow men and use them as the instruments of his greed and selfishness, two things are certain. First, that the Scriptural revelation of the innate inalienable dignity and value of the individual is an indispensable bulwark of human freedom and growth. And second, that our knowledge of the implication of this revelation is far indeed from being perfect; there is constant need for further refinement of our moral perceptions, a refinement which can only emerge as the fruit of a deeper penetration of the Gospel of God's love into human life and thought.

  Another illustration of the effect of Scripture upon ethics is given by the surrender of the principle of exact retribution in favor of the principle of mercy. Natural justice would seem to require exact retributive punishment, an eye for an eye, a tooth for a tooth. The codes of primitive peoples, and the long history of blood feuds show how the human conscience has approved of this concept. The revelation of the divine love and the explicit teaching of the Son of God have demonstrated the superiority of mercy, and have pointed the proper role of punishment as correction and not vengeance. Because of the revelation that in God justice is never unaccompanied by mercy, in Christian ethics there has always been an emphasis on the patient endurance of wrongs in imitation of Calvary, and on the suppression of all emotionS of vindictive anger. As a means to soften human relations, as a restraint of human anger and cruelty, so easily disguised under the cloak of justice, the history of the world has nothing to show comparable to this Christian emphasis on patience and mercy, this insistence that even the just satisfaction of our wrongs yields to the divine example of forebearance. We are to be content with the reform or at least the restraint of the eYil-doer, never to seek or demand vengeance.
 
 

 MORALITY WITHOUT GOD
( From Morality and Moral Controversies, 2nd edition, John Arthur, ed. (Prentice-Hall, Inc., 1986), pp. 10-15. Copyright  John Arthur, 1986. Reprinted by permission of John Arthur)
 

 [John Arthur is professor of philosophy and director of the Program in Law and Society at State University of New York, Binghampton. Arthur considers the commonly held belief that morality somehow depends on religion. Against this hefirst argues that religion is unnecessary in order either to act morally or to attain mora1 understanding. After rejecting the idea that God is necessary in order to mahe sense of morality's being objective, Arthur considers the divine command theory, according to which morality depends on God's will. As Arthur points out, this theory implies that morality is arbitrary (it just so happens that Godforbids cruelty; He has no reason for doing so). Furthermore, if we accept the divine command theory, we cannot make sense of the idea that God is good. But if morality is independent of God's will, so that God discovers rather than creates morality, then God's powers are limited. So either way—whether morality is dependent on or independent of God—there are difficulties. (We find expression of this dilemma in Plato's dialogue Euthyphro.) Having examined the various claims about the connection between morality and religion, Arthur concludes by suggesting how theists and atheists might agree on which moral rules should be adopted by society.]
 
 

 The issue which I address in this paper is the nature of the connection, if any, between morality and religion. I will argue that although there are a variety of ways the two could be connected, in fact morality is independent of religion' both logically and psychologically. First, however, it will be necessary to say something about the subjects: just what are we referring to when we speak of morality and of religion?

  A useful way to approach the first question—the nature of morality—is to ask what it would mean for a society to exist without a moral code. What would such a society look like? How would people think? And behave? The most obvious thing to say is that its members would never feel any moral responsibilities or any guilt. Words like duty, rights, fairness, and justice would never be used, except in the legal sense. Feelings such as that I ought to remember my parents' anniversary, that he has a moral responsibility to help care for his children after the divorce, that she has a right to equal pay for equal work, and that discrimination on the basis of race is unfair would be absent in such a society. In short, people would have no tendency to evaluate or criticize the behavior of others, nor to feel remorse about their own behavior. Children would not be taught to be ashamed when they steal or hurt others, nor would they be allowed to complain when others treat them badly.

  Such a society lacks a moral code. What, then, of religion? Is it possible that a society such as the one I have described would have religious beliefs? It seems clear that it is possible. Suppose every day these same people file into their place of worship to pay homage to God (they may believe in many gods or in one all-powerful creator of heaven and earth). Often they can be heard praying to God for help in dealing with their problems and thanking Him for their good fortune. Whenever a disaster befalls them, the people assume that God is angry with them; when things go well they believe He is pleased. Frequently they give sacrifices to God, usually in the form of money spent to build beautiful temples and churches.

  To have a moral code, then, is to tend to evaluate (perhaps without even expressing it) the behavior of others and to feel guilt at certain actions when we perform them. Religion, on the other hand, involves beliefs in supernatural power(s) that created and perhaps also control nature, along with the tendency to worship and pray to those supematural forces or beings. The two—religion and morality—are thus very different. One involves our attitudes toward various forms of behavior (Iying and killing, for example), typically expressed using the notions of rules, rights, and obligations. The other, religion, typically involves a different set of activities (prayer, worship) together with beliefs about the supernatural.

  We come, then, to the central question: What is the connection, if any, between a society's moral code and its religious beliefs? Many people have felt that there must be a link of some sort between religious beliefs and morality. But is that so? What sort of connection might there be? In what follows I distinguish various ways in which one might claim that religion is necessary for a moral code to function in society. I argue, however, that such connections are not necessary, and indeed that often religion is detrimental to society's attempt to encourage moral conduct among its members.

  One possible role which religion might play in morality relates to motives people have. Can people be expected to behave in any sort of decent way towards one another without religious faith? Religion, it is often said, is necessary so that people will DO right. Why might somebody think that? Often, we know, doing what is right has costs: you don't cheat on the test, so you flunk the course; you return the lost billfold, so you don't get the contents. Religion can provide motivation to do the right thing. God rewards those who follow His commands by providing for them a place in heaven and by insuring that they prosper and are happy on earth. He also punishes with damnation those who disobey. Other people emphasize less selfish ways in which religious motives may encourage people to act rightly. God is the creator of the universe and has ordained that His plan should be followed. How better to live one's life than to participate in this divinely ordained plan? Only by living a moral life, it is said, can people live in harmony with the larger, divinely created order.

  But how are we to assess the relative strength of these various motives for acting morally, some of which are religious, others not? How important is the fear of hell or the desire to live as God wishes in motivating people? Think about the last time you were tempted to do something you knew to be wrong. Surely your decision not to do so (if that was your decision) was made for a variety of reasons: "What if I get caught? What if somebody sees me—what will he or she think? How will I feel afterwards? Will I regret it?" Or maybe the thought of cheating just doesn't occur to you. You were raised to be an honest person, and that's what you want to be—period. There are thus many motives for doing the right thing which have nothing whatsoever to do with religion. Most of us in fact do worry about getting caught, about being blamed and looked down on by others. We also may do what is right just for that reason, because it's our duty, or because we don't want to hurt others. So to say that we need religion to act morally is mistaken; indeed it seems to me that most of us, when it really gets down to it, don't give much of a thought to religion when making moral decisions. All those other reasons are the ones which we tend to consider, or else we just don't consider cheating and stealing at all. So far, then, there seems to be no reason to suppose that people can't be moral yet irreligious at the same time.

  Another oft-heard argument that religion is necessary for people to do right questions whether people would know how to do the right thing without the guidance of religion. In other words, however much people may want to do the right thing, it is only with the help of God that true moral understanding can be achieved. People's own intellect is simply inadequate to this task; we must consult revelation for help.

  Again, however, this argument fails. Just consider what we would need to know in order for religion to provide moral guidance. First we must be sure that there is a God. And then there's the question of which of the many religions is true. How can anybody be sure his or her religion is the right one? After alI, if you had been born in China or India or Iran your religious views would almost certainly not have been the ones you now hold. And even if we can somehow convince ourselves that the Judeo-Christian God is the real one, we still need to find out just what it is He wants us to do. Revelation comes in at least two forms, according to theists, and not even Christians agree which form is real. Some hold that God tells us what He wants by providing us with His words: the Ten Commandments are an example. Many even believe, as Billy Graham once said, that the entire Bible was written by God using 39 secretaries. Others doubt that every word of the Bible is literally true, believing instead that it is merely an historical account of the events in history whereby God revealed Himself. So on this view revelation is not understood as statements made by God but, instead as His intervening into historical events, such as leading His people from Egypt, testing Job, and sending His son as an example of the ideal life. But if we are to use revelation as a guide we must know what is to count as revelation—words given us by God, events, or both? Supposing that we could somehow solve all those puzzles, the problems of relying on revelation are still not over. Even if we can agree on who God is and on how and when He reveals Himseli we still must interpret that revelation. Some feel that the Bible just)fies various forms of killing, including war and capital punishment, on the basis of such statements as "An eye for an eye." Others, emphasizing such sayings as "Judge not lest ye be judged" and "Thou shalt not kill," believe the Bible demands absolute pactfism. How are we to know which interpretation is correct?

  Far from providing a short-cut to moral understanding, looking to revelation for guidance just creates more questions and problems. It is much simpler to address problems such as abortion, capital punishment, and war directly than to seek answers in revelation. In fact, not only is religion unnecessary to provide moral understanding, it is actually a hindrance. (My own hunch is that often those who are most likely to appeal to Scripture as just)fication for their moral beliefs are really just rationalizing positions they already believe.)

  Far from religion being necessary for people to do the right thing, it often gets in the way. People do not need the motivation of religion; they for the most part are not motivated by religion as much as by other factors, and religion is of no help in discovering what our moral obligations are. But others give a different reason for claiming morality depends on religion. They think religion, and especially God, is necessary for morality because without God there could BE no right or wrong. The idea was expressed by Bishop R. C. Mortimer: "God made us and all the world. Because of that He has an absolute claim on our obedience.... From [ this] it follows that a thing is not right simply because we think it is.... It is right because God commands it."i

  What Mortimer has in mind can best be seen by comparing moral rules with legal ones. Legal statutes' we know, are created by legislatures. So if there had been no law passed requiring that people limit the speed they travel then there would be no such legal obligation. Without the commands of the legislature statutes simply would not exist. The view defended by Mortimer, often called the divine command theory, is that God has the same relation to moral law as the legislature does to statutes. Without God's commands there would be no moral rules.

  Another tenet of the divine command theory, besides the belief that God is the author of morality, is that only the divine command theory is able to explain the objective difference between right and wrong. This point was forcefully argued by Ei C. Copleston in a 1948 British Broadcasting Corporation radio debate with Bertrand Russell.

 RUSSELL. But aren't you now saying in effect "I mean by God whatever is good or the sum total of what is good—the system of what is good, and, therefore, when a young man loves anything that is good he is loving God." Is that what you're saying, because if so, it wants a bit of arguing.

 COPLESTON I don't say, of course, that God is the sum total or system of what is good . . . but I do think that all goodness reflects God in some way and proceeds from Him, so that in a sense the man who loves what is truly good, loves God even if he doesn't advert to God But still I agree that the validity of such an interpretation of man's conduct depends on the recognition of God's existence, obviously.... Let's take a look at the Commandant of the [Nazi] concentration camp at Belsen. That appears to you as undesirable and evil and to me too. To Adolph Hitler we suppose it appeared as something good and desirable. I suppose you'd have to admit that for Hitler it was good and for you it is evil.

 RUSSELL. No, I shouldn't go so far as that. I mean. I think people can make mistakes in that as they can in other things. If you have jaundice you see things yellow that are not yellow. You're making a mistake.

 COPLESTON. Yes, one can make mistakes, but can you make a mistake if it's simply a question of reference to a feeling or emotion? Surely Hitler would be the only possible judge of what appealed to his emotions.

 RUSSELL. ... you can say various things about that; among others, that if that sort of thing makes that sort of appeal to Hitler's emotions, then Hitler makes quite a different appeal to my emotions.

 COPLESTON. Granted. But there's no objective criterion outside feeling then for condemning the conduct of the Commandant of Belsen, in your view.... The human being's idea of the content of the moral law depends certainly to a large extent on education and environment, and a man has to use his reason in assessing the validity oE the actual moral ideas of his social group. But the possibility of criticizing the accepted moral code presupposes that there is an objective standard, that there is an ideal moral order, which imposes itself. . . . It implies the existence of a real foundation of God.2

  God, according to Copleston, is able to provide the basis for the distinction, which we all know to exist, between right and wrong. Without that objective basis for dehming human obligation we would have no real reason for condemning the behavior of anybody, even Nazis. Morality would be little more than an expression of personal feeling.

  Before assessing the divine command theory, let's first consider this last point. Is it really true that only the commands of God can provide an objective basis for moral judgments? Certainly many philosophers . . . have felt that morality rests on its own, perfectly sound footing; to prejudge those efforts or others which may be made in the future as unsuccessful seems mistaken. And, second, if it were true that there is no nonreligious basis for claiming moral objectivity, then perhaps that means there simply is no such basis. Why suppose that there must be such a foundation?

  What of the divine command theory itself? Is it reasonable, even though we need not do so, to equate something's being right with its being commanded by God? Certainly the expressions "is commanded by God" and "is morally required" do not mean the same thing; atheists and agnostics use moral words without understanding them to make any reference to God. And while it is of course true that God (or any other moral being for that matter) would tend to want others to do the right thing, this hardly shows that being right and being commanded by God are the same thing. Parents want their children to do the right thing, too, but that doesn't mean they, or anybody else, can make a thing right just by commanding it!

  I think that, in fact, theists themselves if they thought about it would reject the divine command theory. One reason is because of what it implies. Suppose we grant (just for the sake of argument) that the divine command theory is correct. Notice what we have now said: Actions are right just because they are commanded by God. And the same, of course, can be said about those deeds which we believe are wrong. IE God hadntt commanded us not to do them, they would not be wrong. (Recall the comparison made with the commands of the legislature, which would not be law except for the legislature having passed a statute.)

  But now notice this. Since God is all-powerful, and since right is determined solely by His commands, is it not possible that He might change the rules and make what we now think of as wrong into right? It would seem
 that according to the divine command theory it is possible that tomorrow God will decree that virtues such as kindness and courage have become vices while actions which show cruelty and cowardice are the right actions. Rather than it being right for people to help each other out and prevent innocent people from suffering unnecessarily, it would be right to create as much pain among innocent children as we possibly can! To adopt the divine command theory commits its advocate to the seemingly absurd position that even the greatest atrocities might be not only acceptable but morally required if God were to command them.

  Plato made a similar point in the dialogue Euthyphro. Socrates is asking Euthyphro what it is that makes the virtue of holiness a virtue, just as we have been asking what makes kindness and courage virtues. Euthyphro has suggested that holiness is just whatever all the gods love.

 SOCRATES. Well, then, Euthyphro, what do we say about holiness? Is it not loved by all the gods, according to your definition?

 EUTHYPHRO. Yes.

 SOCRATES. Because it is holy, or for some other reason? EUTHYPHRO. No, because it is holy.

 SOCRATES. Then it is loved by the gods because it is holy: it is not holy because it is loved by them?

 EUTHYPHRO. It seems so.

 SOCRATES.... Then holiness is not what is pleasing to the gods, and what is pleasing to the gods is not holy as you say, Euthyphro. They are different things.

 EUTHYPHRO. And why, Socrates?

 SOCRATES. Because we are agreed that the gods love holiness because it is holy: and that it is not holy because they love it.3

  Having claimed that virtues are what is loved by the gods why does Euthyphro so readily agree that the gods love holiness because it's holy? One possibility is that he is assuming whenever the gods love something they do so with good reason, not just arbitrarily. If something is pleasing to gods, there must be a reason. To deny this and say that it is simply the gods' love which makes holiness a virtue would mean that the gods have no basis for their opinions, that they are arbitrary. Or to put it another way, if we say that it is simply God's loving something that makes it right, then what sense does it make to say God wants us to do right? All that could mean is that God wants us to do what He wants us to do. He would have no reason for wanting it. Similarly "God is good" would mean little more than "God does what He pleases." Religious people who find this an unacceptable consequence will reject the divine command theory.

  But doesn't this now raise another problem? If God approves kindness because it is a virtue, then it seems that God discovers morality rather than inventing it. And haven't we then suggested a limitation on God's power, since He now, being a good God, must love kindness and command us not to be cruel? What is left of God's omnipotence?

  But why should such a limitation on God be unacceptable for a theist? Because there is nothing God cannot do? But is it true to say that God can do absolutely anything? Can He, for example, destroy Himself? Can God make a rock so heavy that He cannot lift it? Or create a universe which was never created by Him? Many have thought that God's inability to do these sorts of things does not constitute a genuine limitation on His power because these are things which cannot logically be done. Thomas Aquinas, for example, wrote that, "whatever implies contradiction does not come within the scope of divine omnipotence, because it cannot have the aspect of possibility. Hence it is more appropriate to say that such things cannot be done than that God cannot do them."4 Many theists reject the view that there is nothing which God cannot do.

  But how, then, ought we to understand God's relationship to morality if we reject the divine command theory? Can religious people consistently maintain their faith in God the Creator and yet deny that what is right is right because He commands it? I think the answer to this is "yes." First, note that there is still a sense in which God could change morality (assuming, of course, there is a God). Whatever moral code we decide is best (most justified), that choice will in part depend on such factors as how we reason, what we desire and need, and the circumstances in  without God there would be no morality are somewhat more complex. First, it is wrong to say that only if God's will is at its base can morality be objective. The idea of the best moral code—the one fully rational persons would support—may prove to pronde sound means to evaluate one's own code as well as those of other societies. Furthermore, the divine command theory should not be accepted even by those who are religious. This is because it implies what clearly seems absurd, namely that God might tomorrow change the moral rules and make perforlTIing the most extreme acts of cruelty an obligation we all should meet. And, finally, I discussed how the theist and atheist might hope to find common ground about the sorts of moral rules to teach our children and how we should evaluate each other's behanor. Far from helping resolve moral disputes, religion does little more than sow confusion. Morality does not need religion and religion does not need morality.

 Notes

   1. R. C. Mortimer, Christian Ethics (London: Hutchinson's University Library, 1950), pp. 7-8.

   2. This debate was broadcast on the Third Program of the sritish sroadcasting Corporation in 1948.

 3. Plato, Euthyphro, tr. H. N. Fowler (Cambridge, Mass.: Harvard University Press,
  1947).
 4. Thomas Aquinas, Summa Theologica, Part 1, Q. 25, Art. 3.