Summa Theologica Part II (Pars Prima Secundae) Part 143

FOURTH ARTICLE [I-II, Q. 91, Art. 4]

Whether There Was Any Need for a Divine Law?

Objection 1: It would seem that there was no need for a Divine law.

Because, as stated above (A. 2), the natural law is a partic.i.p.ation in us of the eternal law. But the eternal law is a Divine law, as stated above (A. 1). Therefore there was no need for a Divine law in addition to the natural law, and human laws derived therefrom.

Obj. 2: Further, it is written (Ecclus. 15:14) that "G.o.d left man in the hand of his own counsel." Now counsel is an act of reason, as stated above (Q. 14, A. 1). Therefore man was left to the direction of his reason. But a dictate of human reason is a human law as stated above (A. 3). Therefore there is no need for man to be governed also by a Divine law.

Obj. 3: Further, human nature is more self-sufficing than irrational creatures. But irrational creatures have no Divine law besides the natural inclination impressed on them. Much less, therefore, should the rational creature have a Divine law in addition to the natural law.

_On the contrary,_ David prayed G.o.d to set His law before him, saying (Ps. 118:33): "Set before me for a law the way of Thy justifications, O Lord."

_I answer that,_ Besides the natural and the human law it was necessary for the directing of human conduct to have a Divine law.

And this for four reasons. First, because it is by law that man is directed how to perform his proper acts in view of his last end. And indeed if man were ordained to no other end than that which is proportionate to his natural faculty, there would be no need for man to have any further direction of the part of his reason, besides the natural law and human law which is derived from it. But since man is ordained to an end of eternal happiness which is improportionate to man's natural faculty, as stated above (Q. 5, A. 5), therefore it was necessary that, besides the natural and the human law, man should be directed to his end by a law given by G.o.d.

Secondly, because, on account of the uncertainty of human judgment, especially on contingent and particular matters, different people form different judgments on human acts; whence also different and contrary laws result. In order, therefore, that man may know without any doubt what he ought to do and what he ought to avoid, it was necessary for man to be directed in his proper acts by a law given by G.o.d, for it is certain that such a law cannot err.

Thirdly, because man can make laws in those matters of which he is competent to judge. But man is not competent to judge of interior movements, that are hidden, but only of exterior acts which appear: and yet for the perfection of virtue it is necessary for man to conduct himself aright in both kinds of acts. Consequently human law could not sufficiently curb and direct interior acts; and it was necessary for this purpose that a Divine law should supervene.

Fourthly, because, as Augustine says (De Lib. Arb. i, 5, 6), human law cannot punish or forbid all evil deeds: since while aiming at doing away with all evils, it would do away with many good things, and would hinder the advance of the common good, which is necessary for human intercourse. In order, therefore, that no evil might remain unforbidden and unpunished, it was necessary for the Divine law to supervene, whereby all sins are forbidden.

And these four causes are touched upon in Ps. 118:8, where it is said: "The law of the Lord is unspotted," i.e. allowing no foulness of sin; "converting souls," because it directs not only exterior, but also interior acts; "the testimony of the Lord is faithful," because of the certainty of what is true and right; "giving wisdom to little ones," by directing man to an end supernatural and Divine.

Reply Obj. 1: By the natural law the eternal law is partic.i.p.ated proportionately to the capacity of human nature. But to his supernatural end man needs to be directed in a yet higher way. Hence the additional law given by G.o.d, whereby man shares more perfectly in the eternal law.

Reply Obj. 2: Counsel is a kind of inquiry: hence it must proceed from some principles. Nor is it enough for it to proceed from principles imparted by nature, which are the precepts of the natural law, for the reasons given above: but there is need for certain additional principles, namely, the precepts of the Divine law.

Reply Obj. 3: Irrational creatures are not ordained to an end higher than that which is proportionate to their natural powers: consequently the comparison fails.

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FIFTH ARTICLE [I-II, Q. 91, Art. 5]

Whether There Is but One Divine Law?

Objection 1: It would seem that there is but one Divine law. Because, where there is one king in one kingdom there is but one law. Now the whole of mankind is compared to G.o.d as to one king, according to Ps.

46:8: "G.o.d is the King of all the earth." Therefore there is but one Divine law.

Obj. 2: Further, every law is directed to the end which the lawgiver intends for those for whom he makes the law. But G.o.d intends one and the same thing for all men; since according to 1 Tim. 2:4: "He will have all men to be saved, and to come to the knowledge of the truth." Therefore there is but one Divine law.

Obj. 3: Further, the Divine law seems to be more akin to the eternal law, which is one, than the natural law, according as the revelation of grace is of a higher order than natural knowledge.

Therefore much more is the Divine law but one.

_On the contrary,_ The Apostle says (Heb. 7:12): "The priesthood being translated, it is necessary that a translation also be made of the law." But the priesthood is twofold, as stated in the same pa.s.sage, viz. the levitical priesthood, and the priesthood of Christ. Therefore the Divine law is twofold, namely the Old Law and the New Law.

_I answer that,_ As stated in the First Part (Q. 30, A. 3), distinction is the cause of number. Now things may be distinguished in two ways. First, as those things that are altogether specifically different, e.g. a horse and an ox. Secondly, as perfect and imperfect in the same species, e.g. a boy and a man: and in this way the Divine law is divided into Old and New. Hence the Apostle (Gal. 3:24, 25) compares the state of man under the Old Law to that of a child "under a pedagogue"; but the state under the New Law, to that of a full grown man, who is "no longer under a pedagogue."

Now the perfection and imperfection of these two laws is to be taken in connection with the three conditions pertaining to law, as stated above. For, in the first place, it belongs to law to be directed to the common good as to its end, as stated above (Q. 90, A. 2). This good may be twofold. It may be a sensible and earthly good; and to this, man was directly ordained by the Old Law: wherefore, at the very outset of the law, the people were invited to the earthly kingdom of the Chananaeans (Ex. 3:8, 17). Again it may be an intelligible and heavenly good: and to this, man is ordained by the New Law. Wherefore, at the very beginning of His preaching, Christ invited men to the kingdom of heaven, saying (Matt. 4:17): "Do penance, for the kingdom of heaven is at hand." Hence Augustine says (Contra Faust. iv) that "promises of temporal goods are contained in the Old Testament, for which reason it is called old; but the promise of eternal life belongs to the New Testament."

Secondly, it belongs to the law to direct human acts according to the order of righteousness (A. 4): wherein also the New Law surpa.s.ses the Old Law, since it directs our internal acts, according to Matt. 5:20: "Unless your justice abound more than that of the Scribes and Pharisees, you shall not enter into the kingdom of heaven." Hence the saying that "the Old Law restrains the hand, but the New Law controls the mind" ( Sentent. iii, D, xl).

Thirdly, it belongs to the law to induce men to observe its commandments. This the Old Law did by the fear of punishment: but the New Law, by love, which is poured into our hearts by the grace of Christ, bestowed in the New Law, but foreshadowed in the Old. Hence Augustine says (Contra Adimant. Manich. discip. xvii) that "there is little difference [*The 'little difference' refers to the Latin words 'timor' and 'amor'--'fear' and 'love.'] between the Law and the Gospel--fear and love."

Reply Obj. 1: As the father of a family issues different commands to the children and to the adults, so also the one King, G.o.d, in His one kingdom, gave one law to men, while they were yet imperfect, and another more perfect law, when, by the preceding law, they had been led to a greater capacity for Divine things.

Reply Obj. 2: The salvation of man could not be achieved otherwise than through Christ, according to Acts 4:12: "There is no other name ... given to men, whereby we must be saved." Consequently the law that brings all to salvation could not be given until after the coming of Christ. But before His coming it was necessary to give to the people, of whom Christ was to be born, a law containing certain rudiments of righteousness unto salvation, in order to prepare them to receive Him.

Reply Obj. 3: The natural law directs man by way of certain general precepts, common to both the perfect and the imperfect: wherefore it is one and the same for all. But the Divine law directs man also in certain particular matters, to which the perfect and imperfect do not stand in the same relation. Hence the necessity for the Divine law to be twofold, as already explained.

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SIXTH ARTICLE [I-II, Q. 91, Art. 6]

Whether There Is a Law in the Fomes of Sin?

Objection 1: It would seem that there is no law of the _fomes_ of sin. For Isidore says (Etym. v) that the "law is based on reason."

But the _fomes_ of sin is not based on reason, but deviates from it.

Therefore the _fomes_ has not the nature of a law.

Obj. 2: Further, every law is binding, so that those who do not obey it are called transgressors. But man is not called a transgressor, from not following the instigations of the _fomes;_ but rather from his following them. Therefore the _fomes_ has not the nature of a law.

Obj. 3: Further, the law is ordained to the common good, as stated above (Q. 90, A. 2). But the _fomes_ inclines us, not to the common, but to our own private good. Therefore the _fomes_ has not the nature of sin.

_On the contrary,_ The Apostle says (Rom. 7:23): "I see another law in my members, fighting against the law of my mind."

_I answer that,_ As stated above (A. 2; Q. 90, A. 1, ad 1), the law, as to its essence, resides in him that rules and measures; but, by way of partic.i.p.ation, in that which is ruled and measured; so that every inclination or ordination which may be found in things subject to the law, is called a law by partic.i.p.ation, as stated above (A. 2; Q. 90, A. 1, ad 1). Now those who are subject to a law may receive a twofold inclination from the lawgiver. First, in so far as he directly inclines his subjects to something; sometimes indeed different subjects to different acts; in this way we may say that there is a military law and a mercantile law. Secondly, indirectly; thus by the very fact that a lawgiver deprives a subject of some dignity, the latter pa.s.ses into another order, so as to be under another law, as it were: thus if a soldier be turned out of the army, he becomes a subject of rural or of mercantile legislation.

Accordingly under the Divine Lawgiver various creatures have various natural inclinations, so that what is, as it were, a law for one, is against the law for another: thus I might say that fierceness is, in a way, the law of a dog, but against the law of a sheep or another meek animal. And so the law of man, which, by the Divine ordinance, is allotted to him, according to his proper natural condition, is that he should act in accordance with reason: and this law was so effective in the primitive state, that nothing either beside or against reason could take man unawares. But when man turned his back on G.o.d, he fell under the influence of his sensual impulses: in fact this happens to each one individually, the more he deviates from the path of reason, so that, after a fas.h.i.+on, he is likened to the beasts that are led by the impulse of sensuality, according to Ps. 48:21: "Man, when he was in honor, did not understand: he hath been compared to senseless beasts, and made like to them."

So, then, this very inclination of sensuality which is called the _fomes,_ in other animals has simply the nature of a law (yet only in so far as a law may be said to be in such things), by reason of a direct inclination. But in man, it has not the nature of law in this way, rather is it a deviation from the law of reason. But since, by the just sentence of G.o.d, man is dest.i.tute of original justice, and his reason bereft of its vigor, this impulse of sensuality, whereby he is led, in so far as it is a penalty following from the Divine law depriving man of his proper dignity, has the nature of a law.

Reply Obj. 1: This argument considers the _fomes_ in itself, as an incentive to evil. It is not thus that it has the nature of a law, as stated above, but according as it results from the justice of the Divine law: it is as though we were to say that the law allows a n.o.bleman to be condemned to hard labor for some misdeed.

Reply Obj. 2: This argument considers law in the light of a rule or measure: for it is in this sense that those who deviate from the law become transgressors. But the _fomes_ is not a law in this respect, but by a kind of partic.i.p.ation, as stated above.

Reply Obj. 3: This argument considers the _fomes_ as to its proper inclination, and not as to its origin. And yet if the inclination of sensuality be considered as it is in other animals, thus it is ordained to the common good, namely, to the preservation of nature in the species or in the individual. And this is in man also, in so far as sensuality is subject to reason. But it is called _fomes_ in so far as it strays from the order of reason.

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QUESTION 92

OF THE EFFECTS OF LAW (In Two articles)

We must now consider the effects of law; under which head there are two points of inquiry:

(1) Whether an effect of law is to make men good?

(2) Whether the effects of law are to command, to forbid, to permit, and to punish, as the Jurist states?

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FIRST ARTICLE [I-II, Q. 92, Art. 1]