By M.A Student, Fr. Ambrose Ekeroku, OCD
The 26th of October 2023 marked a day of profound intellectual engagement for the participants of the MA Human Rights Program and select Law students. Nick Nikkas, a distinguished human rights practitioner from the Federalist Society, graced the occasion with a lecture that delved into the intrinsic relationship between law and morality. As the day unfolded, MAHR students had the privilege of interacting with Nikkas, gaining insights into the driving force behind his commitment to justice and the safeguarding of human rights, rooted in his personal experiences. The virtual presentation from World Youth Alliance added a fitting conclusion to this intellectually stimulating day.
In his thought-provoking discourse, Nick posed fundamental questions, transcending the confines of time and tradition: “What is morality? What is law? Is there a necessary connection between law and morality?” Notably, he underscored that these concepts predate even the Christian Scriptures. He expounded on morality as a human capacity for making moral judgments—distinguishing between true or false, good or evil, right or wrong. Quoting Aristotle, he emphasized the unique human responsibility to make moral judgments on matters of significance.
Delving into the etymology of the English word “law,” Nick traced it back to the Latin lex, derived from ligare, implying a binding force akin to a ligament that unites two parts. In essence, law is reason. Nick invoked Cicero’s definition of true law (natural law) as “Highest reason in agreement with human nature,” emphasizing its universality, consistency, and enduring nature across time. The crux lay in the unchanging nature of just laws throughout history.
Nick skillfully connected Ancient Greek philosophical perspectives to biblical and Christian notions of law and morality. Noteworthy were references to St Paul’s treatment of law in Romans, St. Augustine’s profound assertion that “Natural law exists in the rational soul.. Justice being taken away, then, what are nations but a den of robbers.” and St. Thomas Aquinas’ classical definition of law as “an ordinance of reason for the common good, made by him who has care for the community and promulgated”. The fundamental point here is reason. Human law has a character of law to the extent that it is in accord with right reason but to the extent that human law departs from reason, it is called unjust law.
The lecture emphasized the intrinsic connection between morality and the practice of law, extending its implications to professions like medicine. Nick warned against the pitfalls of legal positivism divorced from morality, highlighting its potential descent into a pursuit of self-interest, an excessive quest for political power, and societal degeneration.
Nick illustrated his arguments with historical cases, such as Buck v. Holmes, Nuremberg, and the Dred Scott Decision on Slaves, showcasing the limitations of positive law and the primacy of reason grounded in natural law. The prosecution of Nazi officials after World War II served as a poignant example of the overarching principle that transcends positive laws—a shared humanity that renders certain actions universally reprehensible. Nick Nikkas, elucidating the profound moral underpinnings of justice, asserted that the sole argument wielded in prosecuting Nazi officials rests on an indisputable truth: the inherent knowledge accessible to all human beings. Regardless of gender, skin color, ethnic background, wealth, or the era one inhabits, the universal nature of humanity makes certain acts, such as leading fellow human beings, in this case, Jews, to gas chambers and burning them, morally reprehensible. According to Nikkas, no positive laws enacted throughout history, whether a millennium past or in the future, can ever justify such heinous actions.
In a parallel vein, Abraham Lincoln, in his poignant denouncement of slavery, emphasized the ideological fallacy in Judge Douglas’s indifference to whether slaves were voted up or down. Lincoln argued that if there was nothing inherently wrong with the institution of slavery, Judge Douglas’s position would be logically consistent. However, if slavery were indeed morally wrong, as Lincoln believed, Judge Douglas could not logically assert that any individual or community had a right to perpetuate a moral wrong. This juxtaposition of NATO Allies’ and Lincoln’s perspectives underscores the timeless principle that transcends legal frameworks—a moral imperative that surpasses the temporal and cultural contexts, guiding humanity towards a shared understanding of right and wrong.
The lecture’s impact resonated in Nick’s wake-up call to the students to pose profound moral questions on contemporary social issues. Issues like abortion, eugenics, euthanasia, assisted suicide, human cloning, and workers’ rights demand scrutiny through a moral lens. The imperative to ask the right questions echoed beyond the lecture hall, emphasizing the responsibility of students as future leaders, whether as judges, lawyers, legislators, scholars, parents, or professionals in different fields, to uphold a foundational principle—be it termed God or otherwise—that binds society together and imparts meaning to life.
In the latter part of our meeting with Nick Nikkas, (this time around with only MAHR Students) he graciously delved into the personal experiences that have not only shaped but continue to fuel his unwavering passion for the advocacy of human rights. He recounted a pivotal juncture in his life when the pursuit of the sciences left him unfulfilled. This realization prompted a profound shift towards the study of political philosophy and eventually, the law—a transformative journey that set the stage for his lifelong commitment to justice.
After a brief stint practicing law within corporate behemoths, Nick found himself grappling with existential questions that transcended the confines of a conventional career. He pondered the significance of life and its purpose, a contemplation amplified by the untimely loss of his father and sister. These introspective moments led him to a resolute conclusion: “I wanted to do with my life, so that if I died prematurely, I could tell God, you gave me these gifts, here are what I did with them.”
Nick’s quest for a purposeful life, one that seamlessly integrated the contemplative and active realms, found its answer in the practice of law. Over the past 37 years, he has tirelessly contributed to the legal landscape, filing briefs at the Supreme Court, drafting legislation, and handling cases involving sensitive issues such as abortion and other societal concerns. His legal acumen has taken him to Federal and State high courts, and he has been sought as an expert witness in parliamentary hearings on critical matters.
Adding a poignant dimension to his narrative, Nick recounted his impactful visits to Auschwitz, Poland. His first visit in 2012 and subsequent returns, where he shared insights with law students, left an indelible mark on his perspective. Reflecting on the journey from Krakow to Auschwitz, he was struck by the unsettling awareness of the nearby villagers who, despite sensing the overwhelming stench of mass atrocities at the Concentration Camp, chose to turn a blind eye. Nick expressed his determination not to be someone who looks away in the face of injustice. His commitment to human rights, he emphasized, extends beyond monetary considerations—it is rooted in a profound appreciation for the precious gift of life and a steadfast refusal to ignore the moral imperative to protect it.
The virtual meeting with the representative of the World Youth Alliance (WYA) provided valuable insights into the organization’s origins, mission, and program focus. Learning about Anna Halpine’s journey to founding WYA was particularly enlightening. It highlighted the pivotal moment during the 1999 Conference on Population and Development when she observed a group of young people advocating for issues such as abortion as a human right, sexual rights for children, and the deletion of parental rights.
Anna’s response to this narrow focus on sexual faculties and the disregard for essential needs like clean water, education, and employment was commendable. Her initiative, as described in the excerpt from the pink flyer, emphasized the importance of addressing the holistic development of individuals, encompassing moral, spiritual, emotional, intellectual, and physical dimensions. The plea not to reduce youth to their sexual faculties and to prioritize concerns related to education, family, employment, and overall development resonates strongly.
The core message of the pink flyer, emphasizing the development of the whole person and the need for a principled approach to shape the future, reflects a commitment to human dignity. This resonates with the World Youth Alliance’s overarching goal of building a culture that supports and nurtures the dignity of each human person.
The three program areas of WYA—Advocacy, Education, and Culture—underscore a comprehensive approach to empowering young people. The requirement of completing the Certified Training Program (CTP) and Advocacy Academy for participation in the Advocacy Internship demonstrates the organization’s commitment to equipping youth with the necessary knowledge and skills.
The emphasis on human dignity and the multifaceted development of individuals aligns with a broader perspective on youth engagement. It goes beyond simplistic categorizations and recognizes the diverse needs and aspirations of young people globally. The call to “hold fast to principles for our future” signifies a commitment to ethical and moral values as guiding forces in addressing the challenges and opportunities faced by the youth.
In conclusion, the virtual meeting with the World Youth Alliance offered a profound understanding of the organization’s philosophy and approach. The commitment to human dignity, holistic development, and principled advocacy positions WYA as a significant player in shaping a more inclusive and sustainable future for the global youth population.
