Whether the natural law is the same in all men?

Objection 1. It would seem that the natural law is not the same in all. For it is stated in the Decretals (Dist. i) that "the natural law is that which is contained in the Law and the Gospel." But this is not common to all men; because, as it is written (Romans 10:16), "all do not obey the gospel." Therefore the natural law is not the same in all men.

Objection 2. Further, "Things which are according to the law are said to be just," as stated in Ethic. v. But it is stated in the same book that nothing is so universally just as not to be subject to change in regard to some men. Therefore even the natural law is not the same in all men.

Objection 3. Further, as stated above (Article 2,Article 3), to the natural law belongs everything to which a man is inclined according to his nature. Now different men are naturally inclined to different things; some to the desire of pleasures, others to the desire of honors, and other men to other things. Therefore there is not one natural law for all.

On the contrary, Isidore says (Etym. v, 4): "The natural law is common to all nations."

I answer that, As stated above (Article 2,Article 3), to the natural law belongs those things to which a man is inclined naturally: and among these it is proper to man to be inclined to act according to reason. Now the process of reason is from the common to the proper, as stated in Phys. i. The speculative reason, however, is differently situated in this matter, from the practical reason. For, since the speculative reason is busied chiefly with the necessary things, which cannot be otherwise than they are, its proper conclusions, like the universal principles, contain the truth without fail. The practical reason, on the other hand, is busied with contingent matters, about which human actions are concerned: and consequently, although there is necessity in the general principles, the more we descend to matters of detail, the more frequently we encounter defects. Accordingly then in speculative matters truth is the same in all men, both as to principles and as to conclusions: although the truth is not known to all as regards the conclusions, but only as regards the principles which are called common notions. But in matters of action, truth or practical rectitude is not the same for all, as to matters of detail, but only as to the general principles: and where there is the same rectitude in matters of detail, it is not equally known to all.

It is therefore evident that, as regards the general principles whether of speculative or of practical reason, truth or rectitude is the same for all, and is equally known by all. As to the proper conclusions of the speculative reason, the truth is the same for all, but is not equally known to all: thus it is true for all that the three angles of a triangle are together equal to two right angles, although it is not known to all. But as to the proper conclusions of the practical reason, neither is the truth or rectitude the same for all, nor, where it is the same, is it equally known by all. Thus it is right and true for all to act according to reason: and from this principle it follows as a proper conclusion, that goods entrusted to another should be restored to their owner. Now this is true for the majority of cases: but it may happen in a particular case that it would be injurious, and therefore unreasonable, to restore goods held in trust; for instance, if they are claimed for the purpose of fighting against one's country. And this principle will be found to fail the more, according as we descend further into detail, e.g. if one were to say that goods held in trust should be restored with such and such a guarantee, or in such and such a way; because the greater the number of conditions added, the greater the number of ways in which the principle may fail, so that it be not right to restore or not to restore.

Consequently we must say that the natural law, as to general principles, is the same for all, both as to rectitude and as to knowledge. But as to certain matters of detail, which are conclusions, as it were, of those general principles, it is the same for all in the majority of cases, both as to rectitude and as to knowledge; and yet in some few cases it may fail, both as to rectitude, by reason of certain obstacles (just as natures subject to generation and corruption fail in some few cases on account of some obstacle), and as to knowledge, since in some the reason is perverted by passion, or evil habit, or an evil disposition of nature; thus formerly, theft, although it is expressly contrary to the natural law, was not considered wrong among the Germans, as Julius Caesar relates (De Bello Gall. vi).

Reply to Objection 1. The meaning of the sentence quoted is not that whatever is contained in the Law and the Gospel belongs to the natural law, since they contain many things that are above nature; but that whatever belongs to the natural law is fully contained in them. Wherefore Gratian, after saying that "the natural law is what is contained in the Law and the Gospel," adds at once, by way of example, "by which everyone is commanded to do to others as he would be done by."

Reply to Objection 2. The saying of the Philosopher is to be understood of things that are naturally just, not as general principles, but as conclusions drawn from them, having rectitude in the majority of cases, but failing in a few.

Reply to Objection 3. As, in man, reason rules and commands the other powers, so all the natural inclinations belonging to the other powers must needs be directed according to reason. Wherefore it is universally right for all men, that all their inclinations should be directed according to reason.


Whether the natural law can be changed?

Objection 1. It would seem that the natural law can be changed. Because on Sirach 17:9, "He gave them instructions, and the law of life," the gloss says: "He wished the law of the letter to be written, in order to correct the law of nature." But that which is corrected is changed. Therefore the natural law can be changed.

Objection 2. Further, the slaying of the innocent, adultery, and theft are against the natural law. But we find these things changed by God: as when God commanded Abraham to slay his innocent son (Genesis 22:2); and when he ordered the Jews to borrow and purloin the vessels of the Egyptians (Exodus 12:35); and when He commanded Osee to take to himself "a wife of fornications" (Hosea 1:2). Therefore the natural law can be changed.

Objection 3. Further, Isidore says (Etym. 5:4) that "the possession of all things in common, and universal freedom, are matters of natural law." But these things are seen to be changed by human laws. Therefore it seems that the natural law is subject to change.

On the contrary, It is said in the Decretals (Dist. v): "The natural law dates from the creation of the rational creature. It does not vary according to time, but remains unchangeable."

I answer that, A change in the natural law may be understood in two ways. First, by way of addition. In this sense nothing hinders the natural law from being changed: since many things for the benefit of human life have been added over and above the natural law, both by the Divine law and by human laws.

Secondly, a change in the natural law may be understood by way of subtraction, so that what previously was according to the natural law, ceases to be so. In this sense, the natural law is altogether unchangeable in its first principles: but in its secondary principles, which, as we have said (Article 4), are certain detailed proximate conclusions drawn from the first principles, the natural law is not changed so that what it prescribes be not right in most cases. But it may be changed in some particular cases of rare occurrence, through some special causes hindering the observance of such precepts, as stated above (Article 4).

Reply to Objection 1. The written law is said to be given for the correction of the natural law, either because it supplies what was wanting to the natural law; or because the natural law was perverted in the hearts of some men, as to certain matters, so that they esteemed those things good which are naturally evil; which perversion stood in need of correction.

Reply to Objection 2. All men alike, both guilty and innocent, die the death of nature: which death of nature is inflicted by the power of God on account of original sin, according to 1 Samuel 2:6: "The Lord killeth and maketh alive." Consequently, by the command of God, death can be inflicted on any man, guilty or innocent, without any injustice whatever. In like manner adultery is intercourse with another's wife; who is allotted to him by the law emanating from God. Consequently intercourse with any woman, by the command of God, is neither adultery nor fornication. The same applies to theft, which is the taking of another's property. For whatever is taken by the command of God, to Whom all things belong, is not taken against the will of its owner, whereas it is in this that theft consists. Nor is it only in human things, that whatever is commanded by God is right; but also in natural things, whatever is done by God, is, in some way, natural, as stated in the I:105:6 ad 1.

Reply to Objection 3. A thing is said to belong to the natural law in two ways. First, because nature inclines thereto: e.g. that one should not do harm to another. Secondly, because nature did not bring in the contrary: thus we might say that for man to be naked is of the natural law, because nature did not give him clothes, but art invented them. In this sense, "the possession of all things in common and universal freedom" are said to be of the natural law, because, to wit, the distinction of possessions and slavery were not brought in by nature, but devised by human reason for the benefit of human life. Accordingly the law of nature was not changed in this respect, except by addition.


Whether the law of nature can be abolished from the heart of man?

Objection 1. It would seem that the natural law can be abolished from the heart of man. Because on Romans 2:14, "When the Gentiles who have not the law," etc. a gloss says that "the law of righteousness, which sin had blotted out, is graven on the heart of man when he is restored by grace." But the law of righteousness is the law of nature. Therefore the law of nature can be blotted out.

Objection 2. Further, the law of grace is more efficacious than the law of nature. But the law of grace is blotted out by sin. Much more therefore can the law of nature be blotted out.

Objection 3. Further, that which is established by law is made just. But many things are enacted by men, which are contrary to the law of nature. Therefore the law of nature can be abolished from the heart of man.

On the contrary, Augustine says (Confess. ii): "Thy law is written in the hearts of men, which iniquity itself effaces not." But the law which is written in men's hearts is the natural law. Therefore the natural law cannot be blotted out.

I answer that, As stated above (Article 4,Article 5), there belong to the natural law, first, certain most general precepts, that are known to all; and secondly, certain secondary and more detailed precepts, which are, as it were, conclusions following closely from first principles. As to those general principles, the natural law, in the abstract, can nowise be blotted out from men's hearts. But it is blotted out in the case of a particular action, in so far as reason is hindered from applying the general principle to a particular point of practice, on account of concupiscence or some other passion, as stated above (I-II:77:2). But as to the other, i.e. the secondary precepts, the natural law can be blotted out from the human heart, either by evil persuasions, just as in speculative matters errors occur in respect of necessary conclusions; or by vicious customs and corrupt habits, as among some men, theft, and even unnatural vices, as the Apostle states (Romans 1), were not esteemed sinful.

Reply to Objection 1. Sin blots out the law of nature in particular cases, not universally, except perchance in regard to the secondary precepts of the natural law, in the way stated above.

Reply to Objection 2. Although grace is more efficacious than nature, yet nature is more essential to man, and therefore more enduring.

Reply to Objection 3. This argument is true of the secondary precepts of the natural law, against which some legislators have framed certain enactments which are unjust.

The Summa Theologiæ of St. Thomas AquinasSecond and Revised Edition, 1920Literally translated by Fathers of the English Dominican ProvinceOnline Edition Copyright © 2017 by Kevin Knight Nihil Obstat. F. Innocentius Apap, O.P., S.T.M., Censor. Theol.Imprimatur. Edus. Canonicus Surmont, Vicarius Generalis. Westmonasterii.APPROBATIO ORDINISNihil Obstat. F. Raphael Moss, O.P., S.T.L. and F. Leo Moore, O.P., S.T.L.Imprimatur. F. Beda Jarrett, O.P., S.T.L., A.M., Prior Provincialis AngliæMARIÆ IMMACULATÆ - SEDI SAPIENTIÆ

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Whether it was useful for laws to be framed by men?

Objection 1. It would seem that it was not useful for laws to be framed by men. Because the purpose of every law is that man be made good thereby, as stated above (I-II:92:1). But men are more to be induced to be good willingly by means of admonitions, than against their will, by means of laws. Therefore there was no need to frame laws.

Objection 2. Further, as the Philosopher says (Ethic. v, 4), "men have recourse to a judge as to animate justice." But animate justice is better than inanimate justice, which contained in laws. Therefore it would have been better for the execution of justice to be entrusted to the decision of judges, than to frame laws in addition.

Objection 3. Further, every law is framed for the direction of human actions, as is evident from what has been stated above (Question 90, Articles 1 and 2). But since human actions are about singulars, which are infinite in number, matter pertaining to the direction of human actions cannot be taken into sufficient consideration except by a wise man, who looks into each one of them. Therefore it would have been better for human acts to be directed by the judgment of wise men, than by the framing of laws. Therefore there was no need of human laws.

On the contrary, Isidore says (Etym. v, 20): "Laws were made that in fear thereof human audacity might be held in check, that innocence might be safeguarded in the midst of wickedness, and that the dread of punishment might prevent the wicked from doing harm." But these things are most necessary to mankind. Therefore it was necessary that human laws should be made.

I answer that, As stated above (I-II:63:1; I-II:94:3), man has a natural aptitude for virtue; but the perfection of virtue must be acquired by man by means of some kind of training. Thus we observe that man is helped by industry in his necessities, for instance, in food and clothing. Certain beginnings of these he has from nature, viz. his reason and his hands; but he has not the full complement, as other animals have, to whom nature has given sufficiency of clothing and food. Now it is difficult to see how man could suffice for himself in the matter of this training: since the perfection of virtue consists chiefly in withdrawing man from undue pleasures, to which above all man is inclined, and especially the young, who are more capable of being trained. Consequently a man needs to receive this training from another, whereby to arrive at the perfection of virtue. And as to those young people who are inclined to acts of virtue, by their good natural disposition, or by custom, or rather by the gift of God, paternal training suffices, which is by admonitions. But since some are found to be depraved, and prone to vice, and not easily amenable to words, it was necessary for such to be restrained from evil by force and fear, in order that, at least, they might desist from evil-doing, and leave others in peace, and that they themselves, by being habituated in this way, might be brought to do willingly what hitherto they did from fear, and thus become virtuous. Now this kind of training, which compels through fear of punishment, is the discipline of laws. Therefore in order that man might have peace and virtue, it was necessary for laws to be framed: for, as the Philosopher says (Polit. i, 2), "as man is the most noble of animals if he be perfect in virtue, so is he the lowest of all, if he be severed from law and righteousness"; because man can use his reason to devise means of satisfying his lusts and evil passions, which other animals are unable to do.

Reply to Objection 1. Men who are well disposed are led willingly to virtue by being admonished better than by coercion: but men who are evilly disposed are not led to virtue unless they are compelled.

Reply to Objection 2. As the Philosopher says (Rhet. i, 1), "it is better that all things be regulated by law, than left to be decided by judges": and this for three reasons. First, because it is easier to find a few wise men competent to frame right laws, than to find the many who would be necessary to judge aright of each single case. Secondly, because those who make laws consider long beforehand what laws to make; whereas judgment on each single case has to be pronounced as soon as it arises: and it is easier for man to see what is right, by taking many instances into consideration, than by considering one solitary fact. Thirdly, because lawgivers judge in the abstract and of future events; whereas those who sit in judgment of things present, towards which they are affected by love, hatred, or some kind of cupidity; wherefore their judgment is perverted.

Since then the animated justice of the judge is not found in every man, and since it can be deflected, therefore it was necessary, whenever possible, for the law to determine how to judge, and for very few matters to be left to the decision of men.

Reply to Objection 3. Certain individual facts which cannot be covered by the law "have necessarily to be committed to judges," as the Philosopher says in the same passage: for instance, "concerning something that has happened or not happened," and the like.


Whether every human law is derived from the natural law?

Objection 1. It would seem that not every human law is derived from the natural law. For the Philosopher says (Ethic. v, 7) that "the legal just is that which originally was a matter of indifference." But those things which arise from the natural law are not matters of indifference. Therefore the enactments of human laws are not derived from the natural law.

Objection 2. Further, positive law is contrasted with natural law, as stated by Isidore (Etym. v, 4) and the Philosopher (Ethic. v, 7). But those things which flow as conclusions from the general principles of the natural law belong to the natural law, as stated above (I-II:94:4). Therefore that which is established by human law does not belong to the natural law.

Objection 3. Further, the law of nature is the same for all; since the Philosopher says (Ethic. v, 7) that "the natural just is that which is equally valid everywhere." If therefore human laws were derived from the natural law, it would follow that they too are the same for all: which is clearly false.

Objection 4. Further, it is possible to give a reason for things which are derived from the natural law. But "it is not possible to give the reason for all the legal enactments of the lawgivers," as the jurist says [Pandect. Justin. lib. i, ff, tit. iii, v; De Leg. et Senat.]. Therefore not all human laws are derived from the natural law.

On the contrary, Tully says (Rhet. ii): "Things which emanated from nature and were approved by custom, were sanctioned by fear and reverence for the laws."

I answer that, As Augustine says (De Lib. Arb. i, 5) "that which is not just seems to be no law at all": wherefore the force of a law depends on the extent of its justice. Now in human affairs a thing is said to be just, from being right, according to the rule of reason. But the first rule of reason is the law of nature, as is clear from what has been stated above (I-II:91:2 ad 2). Consequently every human law has just so much of the nature of law, as it is derived from the law of nature. But if in any point it deflects from the law of nature, it is no longer a law but a perversion of law.

But it must be noted that something may be derived from the natural law in two ways: first, as a conclusion from premises, secondly, by way of determination of certain generalities. The first way is like to that by which, in sciences, demonstrated conclusions are drawn from the principles: while the second mode is likened to that whereby, in the arts, general forms are particularized as to details: thus the craftsman needs to determine the general form of a house to some particular shape. Some things are therefore derived from the general principles of the natural law, by way of conclusions; e.g. that "one must not kill" may be derived as a conclusion from the principle that "one should do harm to no man": while some are derived therefrom by way of determination; e.g. the law of nature has it that the evil-doer should be punished; but that he be punished in this or that way, is a determination of the law of nature.

Accordingly both modes of derivation are found in the human law. But those things which are derived in the first way, are contained in human law not as emanating therefrom exclusively, but have some force from the natural law also. But those things which are derived in the second way, have no other force than that of human law.

Reply to Objection 1. The Philosopher is speaking of those enactments which are by way of determination or specification of the precepts of the natural law.

Reply to Objection 2. This argument avails for those things that are derived from the natural law, by way of conclusions.

Reply to Objection 3. The general principles of the natural law cannot be applied to all men in the same way on account of the great variety of human affairs: and hence arises the diversity of positive laws among various people.

Reply to Objection 4. These words of the Jurist are to be understood as referring to decisions of rulers in determining particular points of the natural law: on which determinations the judgment of expert and prudent men is based as on its principles; in so far, to wit, as they see at once what is the best thing to decide.

Hence the Philosopher says (Ethic. vi, 11) that in such matters, "we ought to pay as much attention to the undemonstrated sayings and opinions of persons who surpass us in experience, age and prudence, as to their demonstrations."


Whether Isidore's description of the quality of positive law is appropriate?

Objection 1. It would seem that Isidore's description of the quality of positive law is not appropriate, when he says (Etym. v, 21): "Law shall be virtuous, just, possible to nature, according to the custom of the country, suitable to place and time, necessary, useful; clearly expressed, lest by its obscurity it lead to misunderstanding; framed for no private benefit, but for the common good." Because he had previously expressed the quality of law in three conditions, saying that "law is anything founded on reason, provided that it foster religion, be helpful to discipline, and further the common weal." Therefore it was needless to add any further conditions to these.

Objection 2. Further, Justice is included in honesty, as Tully says (De Offic. vii). Therefore after saying "honest" it was superfluous to add "just."

Objection 3. Further, written law is condivided with custom, according to Isidore (Etym. ii, 10). Therefore it should not be stated in the definition of law that it is "according to the custom of the country."

Objection 4. Further, a thing may be necessary in two ways. It may be necessary simply, because it cannot be otherwise: and that which is necessary in this way, is not subject to human judgment, wherefore human law is not concerned with necessity of this kind. Again a thing may be necessary for an end: and this necessity is the same as usefulness. Therefore it is superfluous to say both "necessary" and "useful."

On the contrary, stands the authority of Isidore.

I answer that, Whenever a thing is for an end, its form must be determined proportionately to that end; as the form of a saw is such as to be suitable for cutting (Phys. ii, text. 88). Again, everything that is ruled and measured must have a form proportionate to its rule and measure. Now both these conditions are verified of human law: since it is both something ordained to an end; and is a rule or measure ruled or measured by a higher measure. And this higher measure is twofold, viz. the Divine law and the natural law, as explained above (Article 2; I-II:93:3). Now the end of human law is to be useful to man, as the jurist states [Pandect. Justin. lib. xxv, ff., tit. iii; De Leg. et Senat.]. Wherefore Isidore in determining the nature of law, lays down, at first, three conditions; viz. that it "foster religion," inasmuch as it is proportionate to the Divine law; that it be "helpful to discipline," inasmuch as it is proportionate to the nature law; and that it "further the common weal," inasmuch as it is proportionate to the utility of mankind.

All the other conditions mentioned by him are reduced to these three. For it is called virtuous because it fosters religion. And when he goes on to say that it should be "just, possible to nature, according to the customs of the country, adapted to place and time," he implies that it should be helpful to discipline. For human discipline depends on first on the order of reason, to which he refers by saying "just": secondly, it depends on the ability of the agent; because discipline should be adapted to each one according to his ability, taking also into account the ability of nature (for the same burdens should be not laid on children as adults); and should be according to human customs; since man cannot live alone in society, paying no heed to others: thirdly, it depends on certain circumstances, in respect of which he says, "adapted to place and time." The remaining words, "necessary, useful," etc. mean that law should further the common weal: so that "necessity" refers to the removal of evils; "usefulness" to the attainment of good; "clearness of expression," to the need of preventing any harm ensuing from the law itself. And since, as stated above (I-II:90:2), law is ordained to the common good, this is expressed in the last part of the description.

This suffices for the Replies to the Objections.


Whether Isidore's division of human laws is appropriate?

Objection 1. It would seem that Isidore wrongly divided human statutes or human law (Etym. v, 4, seqq.). For under this law he includes the "law of nations," so called, because, as he says, "nearly all nations use it." But as he says, "natural law is that which is common to all nations." Therefore the law of nations is not contained under positive human law, but rather under natural law.

Objection 2. Further, those laws which have the same force, seem to differ not formally but only materially. But "statutes, decrees of the commonalty, senatorial decrees," and the like which he mentions (Etym. v, 9), all have the same force. Therefore they do not differ, except materially. But art takes no notice of such a distinction: since it may go on to infinity. Therefore this division of human laws is not appropriate.

Objection 3. Further, just as, in the state, there are princes, priests and soldiers, so are there other human offices. Therefore it seems that, as this division includes "military law," and "public law," referring to priests and magistrates; so also it should include other laws pertaining to other offices of the state.

Objection 4. Further, those things that are accidental should be passed over. But it is accidental to law that it be framed by this or that man. Therefore it is unreasonable to divide laws according to the names of lawgivers, so that one be called the "Cornelian" law, another the "Falcidian" law, etc.

On the contrary, The authority of Isidore (Objection 1) suffices.

I answer that, A thing can of itself be divided in respect of something contained in the notion of that thing. Thus a soul either rational or irrational is contained in the notion of animal: and therefore animal is divided properly and of itself in respect of its being rational or irrational; but not in the point of its being white or black, which are entirely beside the notion of animal. Now, in the notion of human law, many things are contained, in respect of any of which human law can be divided properly and of itself. For in the first place it belongs to the notion of human law, to be derived from the law of nature, as explained above (Article 2). In this respect positive law is divided into the "law of nations" and "civil law", according to the two ways in which something may be derived from the law of nature, as stated above (Article 2). Because, to the law of nations belong those things which are derived from the law of nature, as conclusions from premises, e.g. just buyings and sellings, and the like, without which men cannot live together, which is a point of the law of nature, since man is by nature a social animal, as is proved in Polit. i, 2. But those things which are derived from the law of nature by way of particular determination, belong to the civil law, according as each state decides on what is best for itself.

Secondly, it belongs to the notion of human law, to be ordained to the common good of the state. In this respect human law may be divided according to the different kinds of men who work in a special way for the common good: e.g. priests, by praying to God for the people; princes, by governing the people; soldiers, by fighting for the safety of the people. Wherefore certain special kinds of law are adapted to these men.

Thirdly, it belongs to the notion of human law, to be framed by that one who governs the community of the state, as shown above (I-II:90:3). In this respect, there are various human laws according to the various forms of government. Of these, according to the Philosopher (Polit. iii, 10) one is "monarchy," i.e. when the state is governed by one; and then we have "Royal Ordinances." Another form is "aristocracy," i.e. government by the best men or men of highest rank; and then we have the "Authoritative legal opinions" [Responsa Prudentum] and "Decrees of the Senate" [Senatus consulta]. Another form is "oligarchy," i.e. government by a few rich and powerful men; and then we have "Praetorian," also called "Honorary," law. Another form of government is that of the people, which is called "democracy," and there we have "Decrees of the commonalty" [Plebiscita]. There is also tyrannical government, which is altogether corrupt, which, therefore, has no corresponding law. Finally, there is a form of government made up of all these, and which is the best: and in this respect we have law sanctioned by the "Lords and Commons," as stated by Isidore (Etym. v, 4, seqq.).

Fourthly, it belongs to the notion of human law to direct human actions. In this respect, according to the various matters of which the law treats, there are various kinds of laws, which are sometimes named after their authors: thus we have the "Lex Julia" about adultery, the "Lex Cornelia" concerning assassins, and so on, differentiated in this way, not on account of the authors, but on account of the matters to which they refer.

Reply to Objection 1. The law of nations is indeed, in some way, natural to man, in so far as he is a reasonable being, because it is derived from the natural law by way of a conclusion that is not very remote from its premises. Wherefore men easily agreed thereto. Nevertheless it is distinct from the natural law, especially it is distinct from the natural law which is common to all animals.

The Replies to the other Objections are evident from what has been said.

The Summa Theologiæ of St. Thomas AquinasSecond and Revised Edition, 1920Literally translated by Fathers of the English Dominican ProvinceOnline Edition Copyright © 2017 by Kevin Knight Nihil Obstat. F. Innocentius Apap, O.P., S.T.M., Censor. Theol.Imprimatur. Edus. Canonicus Surmont, Vicarius Generalis. Westmonasterii.APPROBATIO ORDINISNihil Obstat. F. Raphael Moss, O.P., S.T.L. and F. Leo Moore, O.P., S.T.L.Imprimatur. F. Beda Jarrett, O.P., S.T.L., A.M., Prior Provincialis AngliæMARIÆ IMMACULATÆ - SEDI SAPIENTIÆ

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Whether human law should be framed for the community rather than for the individual?

Objection 1. It would seem that human law should be framed not for the community, but rather for the individual. For the Philosopher says (Ethic. v, 7) that "the legal just . . . includes all particular acts of legislation . . . and all those matters which are the subject of decrees," which are also individual matters, since decrees are framed about individual actions. Therefore law is framed not only for the community, but also for the individual.

Objection 2. Further, law is the director of human acts, as stated above (Question 90, Articles 1 and 2). But human acts are about individual matters. Therefore human laws should be framed, not for the community, but rather for the individual.

Objection 3. Further, law is a rule and measure of human acts, as stated above (Question 90, Articles 1 and 2). But a measure should be most certain, as stated in Metaph. x. Since therefore in human acts no general proposition can be so certain as not to fail in some individual cases, it seems that laws should be framed not in general but for individual cases.

On the contrary, The jurist says (Pandect. Justin. lib. i, tit. iii, art. ii; De legibus, etc.) that "laws should be made to suit the majority of instances; and they are not framed according to what may possibly happen in an individual case."

I answer that, Whatever is for an end should be proportionate to that end. Now the end of law is the common good; because, as Isidore says (Etym. v, 21) that "law should be framed, not for any private benefit, but for the common good of all the citizens." Hence human laws should be proportionate to the common good. Now the common good comprises many things. Wherefore law should take account of many things, as to persons, as to matters, and as to times. Because the community of the state is composed of many persons; and its good is procured by many actions; nor is it established to endure for only a short time, but to last for all time by the citizens succeeding one another, as Augustine says (De Civ. Dei ii, 21; xxii, 6).

Reply to Objection 1. The Philosopher (Ethic. v, 7) divides the legal just, i.e. positive law, into three parts. For some things are laid down simply in a general way: and these are the general laws. Of these he says that "the legal is that which originally was a matter of indifference, but which, when enacted, is so no longer": as the fixing of the ransom of a captive. Some things affect the community in one respect, and individuals in another. These are called "privileges," i.e. "private laws," as it were, because they regard private persons, although their power extends to many matters; and in regard to these, he adds, "and further, all particular acts of legislation." Other matters are legal, not through being laws, but through being applications of general laws to particular cases: such are decrees which have the force of law; and in regard to these, he adds "all matters subject to decrees."

Reply to Objection 2. A principle of direction should be applicable to many; wherefore (Metaph. x, text. 4) the Philosopher says that all things belonging to one genus, are measured by one, which is the principle in that genus. For if there were as many rules or measures as there are things measured or ruled, they would cease to be of use, since their use consists in being applicable to many things. Hence law would be of no use, if it did not extend further than to one single act. Because the decrees than to one single act. Because the decrees of prudent men are made for the purpose of directing individual actions; whereas law is a general precept, as stated above (I-II:92:2 Objection 2).

Reply to Objection 3. "We must not seek the same degree of certainty in all things" (Ethic. i, 3). Consequently in contingent matters, such as natural and human things, it is enough for a thing to be certain, as being true in the greater number of instances, though at times and less frequently it fail.


Whether it belongs to the human law to repress all vices?

Objection 1. It would seem that it belongs to human law to repress all vices. For Isidore says (Etym. v, 20) that "laws were made in order that, in fear thereof, man's audacity might be held in check." But it would not be held in check sufficiently, unless all evils were repressed by law. Therefore human laws should repress all evils.

Objection 2. Further, the intention of the lawgiver is to make the citizens virtuous. But a man cannot be virtuous unless he forbear from all kinds of vice. Therefore it belongs to human law to repress all vices.

Objection 3. Further, human law is derived from the natural law, as stated above (I-II:95:2). But all vices are contrary to the law of nature. Therefore human law should repress all vices.

On the contrary, We read in De Lib. Arb. i, 5: "It seems to me that the law which is written for the governing of the people rightly permits these things, and that Divine providence punishes them." But Divine providence punishes nothing but vices. Therefore human law rightly allows some vices, by not repressing them.

I answer that, As stated above (Question 90, Articles 1 and 2), law is framed as a rule or measure of human acts. Now a measure should be homogeneous with that which it measures, as stated in Metaph. x, text. 3,4, since different things are measured by different measures. Wherefore laws imposed on men should also be in keeping with their condition, for, as Isidore says (Etym. v, 21), law should be "possible both according to nature, and according to the customs of the country." Now possibility or faculty of action is due to an interior habit or disposition: since the same thing is not possible to one who has not a virtuous habit, as is possible to one who has. Thus the same is not possible to a child as to a full-grown man: for which reason the law for children is not the same as for adults, since many things are permitted to children, which in an adult are punished by law or at any rate are open to blame. In like manner many things are permissible to men not perfect in virtue, which would be intolerable in a virtuous man.

Now human law is framed for a number of human beings, the majority of whom are not perfect in virtue. Wherefore human laws do not forbid all vices, from which the virtuous abstain, but only the more grievous vices, from which it is possible for the majority to abstain; and chiefly those that are to the hurt of others, without the prohibition of which human society could not be maintained: thus human law prohibits murder, theft and such like.

Reply to Objection 1. Audacity seems to refer to the assailing of others. Consequently it belongs to those sins chiefly whereby one's neighbor is injured: and these sins are forbidden by human law, as stated.

Reply to Objection 2. The purpose of human law is to lead men to virtue, not suddenly, but gradually. Wherefore it does not lay upon the multitude of imperfect men the burdens of those who are already virtuous, viz. that they should abstain from all evil. Otherwise these imperfect ones, being unable to bear such precepts, would break out into yet greater evils: thus it is written (Proverbs 30:33): "He that violently bloweth his nose, bringeth out blood"; and (Matthew 9:17) that if "new wine," i.e. precepts of a perfect life, "is put into old bottles," i.e. into imperfect men, "the bottles break, and the wine runneth out," i.e. the precepts are despised, and those men, from contempt, break into evils worse still.

Reply to Objection 3. The natural law is a participation in us of the eternal law: while human law falls short of the eternal law. Now Augustine says (De Lib. Arb. i, 5): "The law which is framed for the government of states, allows and leaves unpunished many things that are punished by Divine providence. Nor, if this law does not attempt to do everything, is this a reason why it should be blamed for what it does." Wherefore, too, human law does not prohibit everything that is forbidden by the natural law.


Whether human law prescribes acts of all the virtues?

Objection 1. It would seem that human law does not prescribe acts of all the virtues. For vicious acts are contrary to acts of virtue. But human law does not prohibit all vices, as stated above (Article 2). Therefore neither does it prescribe all acts of virtue.

Objection 2. Further, a virtuous act proceeds from a virtue. But virtue is the end of law; so that whatever is from a virtue, cannot come under a precept of law. Therefore human law does not prescribe all acts of virtue.

Objection 3. Further, law is ordained to the common good, as stated above (I-II:90:2). But some acts of virtue are ordained, not to the common good, but to private good. Therefore the law does not prescribe all acts of virtue.

On the contrary, The Philosopher says (Ethic. v, 1) that the law "prescribes the performance of the acts of a brave man . . . and the acts of the temperate man . . . and the acts of the meek man: and in like manner as regards the other virtues and vices, prescribing the former, forbidding the latter."

I answer that, The species of virtues are distinguished by their objects, as explained above (I-II:54:2; I-II:60:1; I-II:62:2). Now all the objects of virtues can be referred either to the private good of an individual, or to the common good of the multitude: thus matters of fortitude may be achieved either for the safety of the state, or for upholding the rights of a friend, and in like manner with the other virtues. But law, as stated above (I-II:90:2) is ordained to the common good. Wherefore there is no virtue whose acts cannot be prescribed by the law. Nevertheless human law does not prescribe concerning all the acts of every virtue: but only in regard to those that are ordainable to the common good—either immediately, as when certain things are done directly for the common good—or mediately, as when a lawgiver prescribes certain things pertaining to good order, whereby the citizens are directed in the upholding of the common good of justice and peace.

Reply to Objection 1. Human law does not forbid all vicious acts, by the obligation of a precept, as neither does it prescribe all acts of virtue. But it forbids certain acts of each vice, just as it prescribes some acts of each virtue.

Reply to Objection 2. An act is said to be an act of virtue in two ways. First, from the fact that a man does something virtuous; thus the act of justice is to do what is right, and an act of fortitude is to do brave things: and in this way law prescribes certain acts of virtue. Secondly an act of virtue is when a man does a virtuous thing in a way in which a virtuous man does it. Such an act always proceeds from virtue: and it does not come under a precept of law, but is the end at which every lawgiver aims.

Reply to Objection 3. There is no virtue whose act is not ordainable to the common good, as stated above, either mediately or immediately.


Whether human law binds a man in conscience?

Objection 1. It would seem that human law does not bind man in conscience. For an inferior power has no jurisdiction in a court of higher power. But the power of man, which frames human law, is beneath the Divine power. Therefore human law cannot impose its precept in a Divine court, such as is the court of conscience.

Objection 2. Further, the judgment of conscience depends chiefly on the commandments of God. But sometimes God's commandments are made void by human laws, according to Matthew 15:6: "You have made void the commandment of God for your tradition." Therefore human law does not bind a man in conscience.

Objection 3. Further, human laws often bring loss of character and injury on man, according to Isaiah 10:1 et seqq.: "Woe to them that make wicked laws, and when they write, write injustice; to oppress the poor in judgment, and do violence to the cause of the humble of My people." But it is lawful for anyone to avoid oppression and violence. Therefore human laws do not bind man in conscience.

On the contrary, It is written (1 Peter 2:19): "This is thankworthy, if for conscience . . . a man endure sorrows, suffering wrongfully."

I answer that, Laws framed by man are either just or unjust. If they be just, they have the power of binding in conscience, from the eternal law whence they are derived, according to Proverbs 8:15: "By Me kings reign, and lawgivers decree just things." Now laws are said to be just, both from the end, when, to wit, they are ordained to the common good—and from their author, that is to say, when the law that is made does not exceed the power of the lawgiver—and from their form, when, to wit, burdens are laid on the subjects, according to an equality of proportion and with a view to the common good. For, since one man is a part of the community, each man in all that he is and has, belongs to the community; just as a part, in all that it is, belongs to the whole; wherefore nature inflicts a loss on the part, in order to save the whole: so that on this account, such laws as these, which impose proportionate burdens, are just and binding in conscience, and are legal laws.

On the other hand laws may be unjust in two ways: first, by being contrary to human good, through being opposed to the things mentioned above—either in respect of the end, as when an authority imposes on his subjects burdensome laws, conducive, not to the common good, but rather to his own cupidity or vainglory—or in respect of the author, as when a man makes a law that goes beyond the power committed to him—or in respect of the form, as when burdens are imposed unequally on the community, although with a view to the common good. The like are acts of violence rather than laws; because, as Augustine says (De Lib. Arb. i, 5), "a law that is not just, seems to be no law at all." Wherefore such laws do not bind in conscience, except perhaps in order to avoid scandal or disturbance, for which cause a man should even yield his right, according to Matthew 5:40-41: "If a man . . . take away thy coat, let go thy cloak also unto him; and whosoever will force thee one mile, go with him other two."

Secondly, laws may be unjust through being opposed to the Divine good: such are the laws of tyrants inducing to idolatry, or to anything else contrary to the Divine law: and laws of this kind must nowise be observed, because, as stated in Acts 5:29, "we ought to obey God rather than man."

Reply to Objection 1. As the Apostle says (Romans 13:1-2), all human power is from God . . . "therefore he that resisteth the power," in matters that are within its scope, "resisteth the ordinance of God"; so that he becomes guilty according to his conscience.

Reply to Objection 2. This argument is true of laws that are contrary to the commandments of God, which is beyond the scope of (human) power. Wherefore in such matters human law should not be obeyed.

Reply to Objection 3. This argument is true of a law that inflicts unjust hurt on its subjects. The power that man holds from God does not extend to this: wherefore neither in such matters is man bound to obey the law, provided he avoid giving scandal or inflicting a more grievous hurt.


Whether all are subject to the law?

Objection 1. It would seem that not all are subject to the law. For those alone are subject to a law for whom a law is made. But the Apostle says (1 Timothy 1:9): "The law is not made for the just man." Therefore the just are not subject to the law.

Objection 2. Further, Pope Urban says [Decretals. caus. xix, qu. 2]: "He that is guided by a private law need not for any reason be bound by the public law." Now all spiritual men are led by the private law of the Holy Ghost, for they are the sons of God, of whom it is said (Romans 8:14): "Whosoever are led by the Spirit of God, they are the sons of God." Therefore not all men are subject to human law.

Objection 3. Further, the jurist says [Pandect. Justin. i, ff., tit. 3, De Leg. et Senat.] that "the sovereign is exempt from the laws." But he that is exempt from the law is not bound thereby. Therefore not all are subject to the law.

On the contrary, The Apostle says (Romans 13:1): "Let every soul be subject to the higher powers." But subjection to a power seems to imply subjection to the laws framed by that power. Therefore all men should be subject to human law.

I answer that, As stated above (Question 90, Articles 1 and 2; Article 3, Reply to Objection 2), the notion of law contains two things: first, that it is a rule of human acts; secondly, that it has coercive power. Wherefore a man may be subject to law in two ways. First, as the regulated is subject to the regulator: and, in this way, whoever is subject to a power, is subject to the law framed by that power. But it may happen in two ways that one is not subject to a power. In one way, by being altogether free from its authority: hence the subjects of one city or kingdom are not bound by the laws of the sovereign of another city or kingdom, since they are not subject to his authority. In another way, by being under a yet higher law; thus the subject of a proconsul should be ruled by his command, but not in those matters in which the subject receives his orders from the emperor: for in these matters, he is not bound by the mandate of the lower authority, since he is directed by that of a higher. In this way, one who is simply subject to a law, may not be a subject thereto in certain matters, in respect of which he is ruled by a higher law.

Secondly, a man is said to be subject to a law as the coerced is subject to the coercer. In this way the virtuous and righteous are not subject to the law, but only the wicked. Because coercion and violence are contrary to the will: but the will of the good is in harmony with the law, whereas the will of the wicked is discordant from it. Wherefore in this sense the good are not subject to the law, but only the wicked.

Reply to Objection 1. This argument is true of subjection by way of coercion: for, in this way, "the law is not made for the just men": because "they are a law to themselves," since they "show the work of the law written in their hearts," as the Apostle says (Romans 2:14-15). Consequently the law does not enforce itself upon them as it does on the wicked.

Reply to Objection 2. The law of the Holy Ghost is above all law framed by man: and therefore spiritual men, in so far as they are led by the law of the Holy Ghost, are not subject to the law in those matters that are inconsistent with the guidance of the Holy Ghost. Nevertheless the very fact that spiritual men are subject to law, is due to the leading of the Holy Ghost, according to 1 Peter 2:13: "Be ye subject . . . to every human creature for God's sake."

Reply to Objection 3. The sovereign is said to be "exempt from the law," as to its coercive power; since, properly speaking, no man is coerced by himself, and law has no coercive power save from the authority of the sovereign. Thus then is the sovereign said to be exempt from the law, because none is competent to pass sentence on him, if he acts against the law. Wherefore on Psalm 50:6: "To Thee only have I sinned," a gloss says that "there is no man who can judge the deeds of a king." But as to the directive force of law, the sovereign is subject to the law by his own will, according to the statement (Extra, De Constit. cap. Cum omnes) that "whatever law a man makes for another, he should keep himself. And a wise authority [Dionysius Cato, Dist. de Moribus] says: 'Obey the law that thou makest thyself.'" Moreover the Lord reproaches those who "say and do not"; and who "bind heavy burdens and lay them on men's shoulders, but with a finger of their own they will not move them" (Matthew 23:3-4). Hence, in the judgment of God, the sovereign is not exempt from the law, as to its directive force; but he should fulfil it to his own free-will and not of constraint. Again the sovereign is above the law, in so far as, when it is expedient, he can change the law, and dispense in it according to time and place.


Whether he who is under a law may act beside the letter of the law?

Objection 1. It seems that he who is subject to a law may not act beside the letter of the law. For Augustine says (De Vera Relig. 31): "Although men judge about temporal laws when they make them, yet when once they are made they must pass judgment not on them, but according to them." But if anyone disregard the letter of the law, saying that he observes the intention of the lawgiver, he seems to pass judgment on the law. Therefore it is not right for one who is under the law to disregard the letter of the law, in order to observe the intention of the lawgiver.

Objection 2. Further, he alone is competent to interpret the law who can make the law. But those who are subject to the law cannot make the law. Therefore they have no right to interpret the intention of the lawgiver, but should always act according to the letter of the law.

Objection 3. Further, every wise man knows how to explain his intention by words. But those who framed the laws should be reckoned wise: for Wisdom says (Proverbs 8:15): "By Me kings reign, and lawgivers decree just things." Therefore we should not judge of the intention of the lawgiver otherwise than by the words of the law.

On the contrary, Hilary says (De Trin. iv): "The meaning of what is said is according to the motive for saying it: because things are not subject to speech, but speech to things." Therefore we should take account of the motive of the lawgiver, rather than of his very words.

I answer that, As stated above (Article 4), every law is directed to the common weal of men, and derives the force and nature of law accordingly. Hence the jurist says [Pandect. Justin. lib. i, ff., tit. 3, De Leg. et Senat.]: "By no reason of law, or favor of equity, is it allowable for us to interpret harshly, and render burdensome, those useful measures which have been enacted for the welfare of man." Now it happens often that the observance of some point of law conduces to the common weal in the majority of instances, and yet, in some cases, is very hurtful. Since then the lawgiver cannot have in view every single case, he shapes the law according to what happens most frequently, by directing his attention to the common good. Wherefore if a case arise wherein the observance of that law would be hurtful to the general welfare, it should not be observed. For instance, suppose that in a besieged city it be an established law that the gates of the city are to be kept closed, this is good for public welfare as a general rule: but, it were to happen that the enemy are in pursuit of certain citizens, who are defenders of the city, it would be a great loss to the city, if the gates were not opened to them: and so in that case the gates ought to be opened, contrary to the letter of the law, in order to maintain the common weal, which the lawgiver had in view.

Nevertheless it must be noted, that if the observance of the law according to the letter does not involve any sudden risk needing instant remedy, it is not competent for everyone to expound what is useful and what is not useful to the state: those alone can do this who are in authority, and who, on account of such like cases, have the power to dispense from the laws. If, however, the peril be so sudden as not to allow of the delay involved by referring the matter to authority, the mere necessity brings with it a dispensation, since necessity knows no law.

Reply to Objection 1. He who in a case of necessity acts beside the letter of the law, does not judge the law; but of a particular case in which he sees that the letter of the law is not to be observed.

Reply to Objection 2. He who follows the intention of the lawgiver, does not interpret the law simply; but in a case in which it is evident, by reason of the manifest harm, that the lawgiver intended otherwise. For if it be a matter of doubt, he must either act according to the letter of the law, or consult those in power.

Reply to Objection 3. No man is so wise as to be able to take account of every single case; wherefore he is not able sufficiently to express in words all those things that are suitable for the end he has in view. And even if a lawgiver were able to take all the cases into consideration, he ought not to mention them all, in order to avoid confusion: but should frame the law according to that which is of most common occurrence.

The Summa Theologiæ of St. Thomas AquinasSecond and Revised Edition, 1920Literally translated by Fathers of the English Dominican ProvinceOnline Edition Copyright © 2017 by Kevin Knight Nihil Obstat. F. Innocentius Apap, O.P., S.T.M., Censor. Theol.Imprimatur. Edus. Canonicus Surmont, Vicarius Generalis. Westmonasterii.APPROBATIO ORDINISNihil Obstat. F. Raphael Moss, O.P., S.T.L. and F. Leo Moore, O.P., S.T.L.Imprimatur. F. Beda Jarrett, O.P., S.T.L., A.M., Prior Provincialis AngliæMARIÆ IMMACULATÆ - SEDI SAPIENTIÆ

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Whether human law should be changed in any way?

Objection 1. It would seem that human law should not be changed in any way at all. Because human law is derived from the natural law, as stated above (I-II:95:2). But the natural law endures unchangeably. Therefore human law should also remain without any change.

Objection 2. Further, as the Philosopher says (Ethic. v, 5), a measure should be absolutely stable. But human law is the measure of human acts, as stated above (Question 90, Articles 1 and 2). Therefore it should remain without change.

Objection 3. Further, it is of the essence of law to be just and right, as stated above (I-II:95:2). But that which is right once is right always. Therefore that which is law once, should be always law.

On the contrary, Augustine says (De Lib. Arb. i, 6): "A temporal law, however just, may be justly changed in course of time."

I answer that, As stated above (I-II:91:3), human law is a dictate of reason, whereby human acts are directed. Thus there may be two causes for the just change of human law: one on the part of reason; the other on the part of man whose acts are regulated by law. The cause on the part of reason is that it seems natural to human reason to advance gradually from the imperfect to the perfect. Hence, in speculative sciences, we see that the teaching of the early philosophers was imperfect, and that it was afterwards perfected by those who succeeded them. So also in practical matters: for those who first endeavored to discover something useful for the human community, not being able by themselves to take everything into consideration, set up certain institutions which were deficient in many ways; and these were changed by subsequent lawgivers who made institutions that might prove less frequently deficient in respect of the common weal.

On the part of man, whose acts are regulated by law, the law can be rightly changed on account of the changed condition of man, to whom different things are expedient according to the difference of his condition. An example is proposed by Augustine (De Lib. Arb. i, 6): "If the people have a sense of moderation and responsibility, and are most careful guardians of the common weal, it is right to enact a law allowing such a people to choose their own magistrates for the government of the commonwealth. But if, as time goes on, the same people become so corrupt as to sell their votes, and entrust the government to scoundrels and criminals; then the right of appointing their public officials is rightly forfeit to such a people, and the choice devolves to a few good men."

Reply to Objection 1. The natural law is a participation of the eternal law, as stated above (I-II:91:2), and therefore endures without change, owing to the unchangeableness and perfection of the Divine Reason, the Author of nature. But the reason of man is changeable and imperfect: wherefore his law is subject to change. Moreover the natural law contains certain universal precepts, which are everlasting: whereas human law contains certain particular precepts, according to various emergencies.

Reply to Objection 2. A measure should be as enduring as possible. But nothing can be absolutely unchangeable in things that are subject to change. And therefore human law cannot be altogether unchangeable.

Reply to Objection 3. In corporal things, right is predicated absolutely: and therefore, as far as itself is concerned, always remains right. But right is predicated of law with reference to the common weal, to which one and the same thing is not always adapted, as stated above: wherefore rectitude of this kind is subject to change.


Whether human law should always be changed, whenever something better occurs?

Objection 1. It would seem that human law should be changed, whenever something better occurs. Because human laws are devised by human reason, like other arts. But in the other arts, the tenets of former times give place to others, if something better occurs. Therefore the same should apply to human laws.

Objection 2. Further, by taking note of the past we can provide for the future. Now unless human laws had been changed when it was found possible to improve them, considerable inconvenience would have ensued; because the laws of old were crude in many points. Therefore it seems that laws should be changed, whenever anything better occurs to be enacted.

Objection 3. Further, human laws are enacted about single acts of man. But we cannot acquire perfect knowledge in singular matters, except by experience, which "requires time," as stated in Ethic. ii. Therefore it seems that as time goes on it is possible for something better to occur for legislation.

On the contrary, It is stated in the Decretals (Dist. xii, 5): "It is absurd, and a detestable shame, that we should suffer those traditions to be changed which we have received from the fathers of old."

I answer that, As stated above (Article 1), human law is rightly changed, in so far as such change is conducive to the common weal. But, to a certain extent, the mere change of law is of itself prejudicial to the common good: because custom avails much for the observance of laws, seeing that what is done contrary to general custom, even in slight matters, is looked upon as grave. Consequently, when a law is changed, the binding power of the law is diminished, in so far as custom is abolished. Wherefore human law should never be changed, unless, in some way or other, the common weal be compensated according to the extent of the harm done in this respect. Such compensation may arise either from some very great and every evident benefit conferred by the new enactment; or from the extreme urgency of the case, due to the fact that either the existing law is clearly unjust, or its observance extremely harmful. Wherefore the jurist says [Pandect. Justin. lib. i, ff., tit. 4, De Constit. Princip.] that "in establishing new laws, there should be evidence of the benefit to be derived, before departing from a law which has long been considered just."

Reply to Objection 1. Rules of art derive their force from reason alone: and therefore whenever something better occurs, the rule followed hitherto should be changed. But "laws derive very great force from custom," as the Philosopher states (Polit. ii, 5): consequently they should not be quickly changed.

Reply to Objection 2. This argument proves that laws ought to be changed: not in view of any improvement, but for the sake of a great benefit or in a case of great urgency, as stated above. This answer applies also to the Third Objection.


Whether custom can obtain force of law?

Objection 1. It would seem that custom cannot obtain force of law, nor abolish a law. Because human law is derived from the natural law and from the Divine law, as stated above (I-II:93:3; I-II:95:2). But human custom cannot change either the law of nature or the Divine law. Therefore neither can it change human law.

Objection 2. Further, many evils cannot make one good. But he who first acted against the law, did evil. Therefore by multiplying such acts, nothing good is the result. Now a law is something good; since it is a rule of human acts. Therefore law is not abolished by custom, so that the mere custom should obtain force of law.

Objection 3. Further, the framing of laws belongs to those public men whose business it is to govern the community; wherefore private individuals cannot make laws. But custom grows by the acts of private individuals. Therefore custom cannot obtain force of law, so as to abolish the law.

On the contrary, Augustine says (Ep. ad Casulan. xxxvi): "The customs of God's people and the institutions of our ancestors are to be considered as laws. And those who throw contempt on the customs of the Church ought to be punished as those who disobey the law of God."

I answer that, All law proceeds from the reason and will of the lawgiver; the Divine and natural laws from the reasonable will of God; the human law from the will of man, regulated by reason. Now just as human reason and will, in practical matters, may be made manifest by speech, so may they be made known by deeds: since seemingly a man chooses as good that which he carries into execution. But it is evident that by human speech, law can be both changed and expounded, in so far as it manifests the interior movement and thought of human reason. Wherefore by actions also, especially if they be repeated, so as to make a custom, law can be changed and expounded; and also something can be established which obtains force of law, in so far as by repeated external actions, the inward movement of the will, and concepts of reason are most effectually declared; for when a thing is done again and again, it seems to proceed from a deliberate judgment of reason. Accordingly, custom has the force of a law, abolishes law, and is the interpreter of law.

Reply to Objection 1. The natural and Divine laws proceed from the Divine will, as stated above. Wherefore they cannot be changed by a custom proceeding from the will of man, but only by Divine authority. Hence it is that no custom can prevail over the Divine or natural laws: for Isidore says (Synon. ii, 16): "Let custom yield to authority: evil customs should be eradicated by law and reason."

Reply to Objection 2. As stated above (I-II:96:6), human laws fail in some cases: wherefore it is possible sometimes to act beside the law; namely, in a case where the law fails; yet the act will not be evil. And when such cases are multiplied, by reason of some change in man, then custom shows that the law is no longer useful: just as it might be declared by the verbal promulgation of a law to the contrary. If, however, the same reason remains, for which the law was useful hitherto, then it is not the custom that prevails against the law, but the law that overcomes the custom: unless perhaps the sole reason for the law seeming useless, be that it is not "possible according to the custom of the country" [I-II:95:3], which has been stated to be one of the conditions of law. For it is not easy to set aside the custom of a whole people.

Reply to Objection 3. The people among whom a custom is introduced may be of two conditions. For if they are free, and able to make their own laws, the consent of the whole people expressed by a custom counts far more in favor of a particular observance, that does the authority of the sovereign, who has not the power to frame laws, except as representing the people. Wherefore although each individual cannot make laws, yet the whole people can. If however the people have not the free power to make their own laws, or to abolish a law made by a higher authority; nevertheless with such a people a prevailing custom obtains force of law, in so far as it is tolerated by those to whom it belongs to make laws for that people: because by the very fact that they tolerate it they seem to approve of that which is introduced by custom.


Whether the rulers of the people can dispense from human laws?

Objection 1. It would seem that the rulers of the people cannot dispense from human laws. For the law is established for the "common weal," as Isidore says (Etym. v, 21). But the common good should not be set aside for the private convenience of an individual: because, as the Philosopher says (Ethic. i, 2), "the good of the nation is more godlike than the good of one man." Therefore it seems that a man should not be dispensed from acting in compliance with the general law.

Objection 2. Further, those who are placed over others are commanded as follows (Deuteronomy 1:17): "You shall hear the little as well as the great; neither shall you respect any man's person, because it is the judgment of God." But to allow one man to do that which is equally forbidden to all, seems to be respect of persons. Therefore the rulers of a community cannot grant such dispensations, since this is against a precept of the Divine law.

Objection 3. Further, human law, in order to be just, should accord with the natural and Divine laws: else it would not "foster religion," nor be "helpful to discipline," which is requisite to the nature of law, as laid down by Isidore (Etym. v, 3). But no man can dispense from the Divine and natural laws. Neither, therefore, can he dispense from the human law.

On the contrary, The Apostle says (1 Corinthians 9:17): "A dispensation is committed to me."

I answer that, Dispensation, properly speaking, denotes a measuring out to individuals of some common goods: thus the head of a household is called a dispenser, because to each member of the household he distributes work and necessaries of life in due weight and measure. Accordingly in every community a man is said to dispense, from the very fact that he directs how some general precept is to be fulfilled by each individual. Now it happens at times that a precept, which is conducive to the common weal as a general rule, is not good for a particular individual, or in some particular case, either because it would hinder some greater good, or because it would be the occasion of some evil, as explained above (I-II:96:6). But it would be dangerous to leave this to the discretion of each individual, except perhaps by reason of an evident and sudden emergency, as stated above (I-II:96:6). Consequently he who is placed over a community is empowered to dispense in a human law that rests upon his authority, so that, when the law fails in its application to persons or circumstances, he may allow the precept of the law not to be observed. If however he grant this permission without any such reason, and of his mere will, he will be an unfaithful or an imprudent dispenser: unfaithful, if he has not the common good in view; imprudent, if he ignores the reasons for granting dispensations. Hence Our Lord says (Luke 12:42): "Who, thinkest thou, is the faithful and wise dispenser [Douay: steward], whom his lord setteth over his family?"

Reply to Objection 1. When a person is dispensed from observing the general law, this should not be done to the prejudice of, but with the intention of benefiting, the common good.

Reply to Objection 2. It is not respect of persons if unequal measures are served out to those who are themselves unequal. Wherefore when the condition of any person requires that he should reasonably receive special treatment, it is not respect of persons if he be the object of special favor.

Reply to Objection 3. Natural law, so far as it contains general precepts, which never fail, does not allow of dispensations. In other precepts, however, which are as conclusions of the general precepts, man sometimes grants a dispensation: for instance, that a loan should not be paid back to the betrayer of his country, or something similar. But to the Divine law each man stands as a private person to the public law to which he is subject. Wherefore just as none can dispense from public human law, except the man from whom the law derives its authority, or his delegate; so, in the precepts of the Divine law, which are from God, none can dispense but God, or the man to whom He may give special power for that purpose.

The Summa Theologiæ of St. Thomas AquinasSecond and Revised Edition, 1920Literally translated by Fathers of the English Dominican ProvinceOnline Edition Copyright © 2017 by Kevin Knight Nihil Obstat. F. Innocentius Apap, O.P., S.T.M., Censor. Theol.Imprimatur. Edus. Canonicus Surmont, Vicarius Generalis. Westmonasterii.APPROBATIO ORDINISNihil Obstat. F. Raphael Moss, O.P., S.T.L. and F. Leo Moore, O.P., S.T.L.Imprimatur. F. Beda Jarrett, O.P., S.T.L., A.M., Prior Provincialis AngliæMARIÆ IMMACULATÆ - SEDI SAPIENTIÆ

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Whether the Old Law was good?

Objection 1. It would seem that the Old Law was not good. For it is written (Ezekiel 20:25): "I gave them statutes that were not good, and judgments in which they shall not live." But a law is not said to be good except on account of the goodness of the precepts that it contains. Therefore the Old Law was not good.

Objection 2. Further, it belongs to the goodness of a law that it conduce to the common welfare, as Isidore says (Etym. v, 3). But the Old Law was not salutary; rather was it deadly and hurtful. For the Apostle says (Romans 7:8, seqq.): "Without the law sin was dead. And I lived some time without the law. But when the commandment came sin revived; and I died." Again he says (Romans 5:20): "Law entered in that sin might abound." Therefore the Old Law was not good.

Objection 3. Further, it belongs to the goodness of the law that it should be possible to obey it, both according to nature, and according to human custom. But such the Old Law was not: since Peter said (Acts 15:10): "Why tempt you (God) to put a yoke on the necks of the disciples, which neither our fathers nor we have been able to bear?" Therefore it seems that the Old Law was not good.

On the contrary, The Apostle says (Romans 7:12): "Wherefore the law indeed is holy, and the commandment holy, and just, and good."

I answer that, Without any doubt, the Old Law was good. For just as a doctrine is shown to be good by the fact that it accords with right reason, so is a law proved to be good if it accords with reason. Now the Old Law was in accordance with reason. Because it repressed concupiscence which is in conflict with reason, as evidenced by the commandment, "Thou shalt not covet thy neighbor's goods" (Exodus 20:17). Moreover the same law forbade all kinds of sin; and these too are contrary to reason. Consequently it is evident that it was a good law. The Apostle argues in the same way (Romans 7): "I am delighted," says he (verse 22), "with the law of God, according to the inward man": and again (verse 16): "I consent to the law, that is good."

But it must be noted that the good has various degrees, as Dionysius states (Div. Nom. iv): for there is a perfect good, and an imperfect good. In things ordained to an end, there is perfect goodness when a thing is such that it is sufficient in itself to conduce to the end: while there is imperfect goodness when a thing is of some assistance in attaining the end, but is not sufficient for the realization thereof. Thus a medicine is perfectly good, if it gives health to a man; but it is imperfect, if it helps to cure him, without being able to bring him back to health. Again it must be observed that the end of human law is different from the end of Divine law. For the end of human law is the temporal tranquillity of the state, which end law effects by directing external actions, as regards those evils which might disturb the peaceful condition of the state. On the other hand, the end of the Divine law is to bring man to that end which is everlasting happiness; which end is hindered by any sin, not only of external, but also of internal action. Consequently that which suffices for the perfection of human law, viz. the prohibition and punishment of sin, does not suffice for the perfection of the Divine law: but it is requisite that it should make man altogether fit to partake of everlasting happiness. Now this cannot be done save by the grace of the Holy Ghost, whereby "charity" which fulfilleth the law . . . "is spread abroad in our hearts" (Romans 5:5): since "the grace of God is life everlasting" (Romans 6:23). But the Old Law could not confer this grace, for this was reserved to Christ; because, as it is written (John 1:17), the law was given "by Moses, grace and truth came by Jesus Christ." Consequently the Old Law was good indeed, but imperfect, according to Hebrews 7:19: "The law brought nothing to perfection."

Reply to Objection 1. The Lord refers there to the ceremonial precepts; which are said not to be good, because they did not confer grace unto the remission of sins, although by fulfilling these precepts man confessed himself a sinner. Hence it is said pointedly, "and judgments in which they shall not live"; i.e. whereby they are unable to obtain life; and so the text goes on: "And I polluted them," i.e. showed them to be polluted, "in their own gifts, when they offered all that opened the womb, for their offenses."

Reply to Objection 2. The law is said to have been deadly, as being not the cause, but the occasion of death, on account of its imperfection: in so far as it did not confer grace enabling man to fulfil what is prescribed, and to avoid what it forbade. Hence this occasion was not given to men, but taken by them. Wherefore the Apostle says (Romans 5:11): "Sin, taking occasion by the commandment, seduced me, and by it killed me." In the same sense when it is said that "the law entered in that sin might abound," the conjunction "that" must be taken as consecutive and not final: in so far as men, taking occasion from the law, sinned all the more, both because a sin became more grievous after law had forbidden it, and because concupiscence increased, since we desire a thing the more from its being forbidden.

Reply to Objection 3. The yoke of the law could not be borne without the help of grace, which the law did not confer: for it is written (Romans 9:16): "It is not him that willeth, nor of him that runneth," viz. that he wills and runs in the commandments of God, "but of God that showeth mercy." Wherefore it is written (Psalm 118:32): "I have run the way of Thy commandments, when Thou didst enlarge my heart," i.e. by giving me grace and charity.


Whether the Old Law was from God?

Objection 1. It would seem that the Old Law was not from God. For it is written (Deuteronomy 32:4): "The works of God are perfect." But the Law was imperfect, as stated above (Article 1). Therefore the Old Law was not from God.

Objection 2. Further, it is written (Ecclesiastes 3:14): "I have learned that all the works which God hath made continue for ever." But the Old Law does not continue for ever: since the Apostle says (Hebrews 7:18): "There is indeed a setting aside of the former commandment, because of the weakness and unprofitableness thereof." Therefore the Old Law was not from God.

Objection 3. Further, a wise lawgiver should remove, not only evil, but also the occasions of evil. But the Old Law was an occasion of sin, as stated above (Article 1, Reply to Objection 2). Therefore the giving of such a law does not pertain to God, to Whom "none is like among the lawgivers" (Job 36:22).

Objection 4. Further, it is written (1 Timothy 2:4) that God "will have all men to be saved." But the Old Law did not suffice to save man, as stated above (Article 1). Therefore the giving of such a law did not appertain to God. Therefore the Old Law was not from God.

On the contrary, Our Lord said (Matthew 15:6) while speaking to the Jews, to whom the Law was given: "You have made void the commandment of God for your tradition." And shortly before (verse 4) He had said: "Honor thy father and mother," which is contained expressly in the Old Law (Exodus 20:12; Deuteronomy 5:16). Therefore the Old Law was from God.

I answer that, The Old Law was given by the good God, Who is the Father of Our Lord Jesus Christ. For the Old Law ordained men to Christ in two ways. First by bearing witness to Christ; wherefore He Himself says (Luke 24:44): "All things must needs be fulfilled, which are written in the law . . . and in the prophets, and in the psalms, concerning Me": and (John 5:46): "If you did believe Moses, you would perhaps believe Me also; for he wrote of Me." Secondly, as a kind of disposition, since by withdrawing men from idolatrous worship, it enclosed [concludebat] them in the worship of one God, by Whom the human race was to be saved through Christ. Wherefore the Apostle says (Galatians 3:23): "Before the faith came, we were kept under the law shut up [conclusi], unto that faith which was to be revealed." Now it is evident that the same thing it is, which gives a disposition to the end, and which brings to the end; and when I say "the same," I mean that it does so either by itself or through its subjects. For the devil would not make a law whereby men would be led to Christ, Who was to cast him out, according to Matthew 12:26: "If Satan cast out Satan, his kingdom is divided" [Vulgate: 'he is divided against himself']. Therefore the Old Law was given by the same God, from Whom came salvation to man, through the grace of Christ.

Reply to Objection 1. Nothing prevents a thing being not perfect simply, and yet perfect in respect of time: thus a boy is said to be perfect, not simply, but with regard to the condition of time. So, too, precepts that are given to children are perfect in comparison with the condition of those to whom they are given, although they are not perfect simply. Hence the Apostle says (Galatians 3:24): "The law was our pedagogue in Christ."

Reply to Objection 2. Those works of God endure for ever which God so made that they would endure for ever; and these are His perfect works. But the Old Law was set aside when there came the perfection of grace; not as though it were evil, but as being weak and useless for this time; because, as the Apostle goes on to say, "the law brought nothing to perfection": hence he says (Galatians 3:25): "After the faith is come, we are no longer under a pedagogue."

Reply to Objection 3. As stated above (I-II:79:4), God sometimes permits certain ones to fall into sin, that they may thereby be humbled. So also did He wish to give such a law as men by their own forces could not fulfill, so that, while presuming on their own powers, they might find themselves to be sinners, and being humbled might have recourse to the help of grace.

Reply to Objection 4. Although the Old Law did not suffice to save man, yet another help from God besides the Law was available for man, viz. faith in the Mediator, by which the fathers of old were justified even as we were. Accordingly God did not fail man by giving him insufficient aids to salvation.


Whether the Old Law was given through the angels?

Objection 1. It seems that the Old Law was not given through the angels, but immediately by God. For an angel means a "messenger"; so that the word "angel" denotes ministry, not lordship, according to Psalm 102:20-21: "Bless the Lord, all ye His Angels . . . you ministers of His." But the Old Law is related to have been given by the Lord: for it is written (Exodus 20:1): "And the Lord spoke . . . these words," and further on: "I am the Lord Thy God." Moreover the same expression is often repeated in Exodus, and the later books of the Law. Therefore the Law was given by God immediately.

Objection 2. Further, according to John 1:17, "the Law was given by Moses." But Moses received it from God immediately: for it is written (Exodus 33:11): "The Lord spoke to Moses face to face, as a man is wont to speak to his friend." Therefore the Old Law was given by God immediately.

Objection 3. Further, it belongs to the sovereign alone to make a law, as stated above (I-II:90:3). But God alone is Sovereign as regards the salvation of souls: while the angels are the "ministering spirits," as stated in Hebrews 1:14. Therefore it was not meet for the Law to be given through the angels, since it is ordained to the salvation of souls.

On the contrary, The Apostle said (Galatians 3:19) that the Law was "given [Vulgate: 'ordained'] by angels in the hand of a Mediator." And Stephen said (Acts 7:53): "(Who) have received the Law by the disposition of angels."

I answer that, The Law was given by God through the angels. And besides the general reason given by Dionysius (Coel. Hier. iv), viz. that "the gifts of God should be brought to men by means of the angels," there is a special reason why the Old Law should have been given through them. For it has been stated (Articles 1 and 2) that the Old Law was imperfect, and yet disposed man to that perfect salvation of the human race, which was to come through Christ. Now it is to be observed that wherever there is an order of powers or arts, he that holds the highest place, himself exercises the principal and perfect acts; while those things which dispose to the ultimate perfection are effected by him through his subordinates: thus the ship-builder himself rivets the planks together, but prepares the material by means of the workmen who assist him under his direction. Consequently it was fitting that the perfect law of the New Testament should be given by the incarnate God immediately; but that the Old Law should be given to men by the ministers of God, i.e. by the angels. It is thus that the Apostle at the beginning of his epistle to the Hebrews (1:2) proves the excellence of the New Law over the Old; because in the New Testament "God . . . hath spoken to us by His Son," whereas in the Old Testament "the word was spoken by angels" (Hebrews 2:2).

Reply to Objection 1. As Gregory says at the beginning of his Morals (Praef. chap. i), "the angel who is described to have appeared to Moses, is sometimes mentioned as an angel, sometimes as the Lord: an angel, in truth, in respect of that which was subservient to the external delivery; and the Lord, because He was the Director within, Who supported the effectual power of speaking." Hence also it is that the angel spoke as personating the Lord.

Reply to Objection 2. As Augustine says (Gen. ad lit. xii, 27), it is stated in Exodus that "the Lord spoke to Moses face to face"; and shortly afterwards we read, "Show me Thy glory. Therefore He perceived what he saw and he desired what he saw not." Hence he did not see the very Essence of God; and consequently he was not taught by Him immediately. Accordingly when Scripture states that "He spoke to him face to face," this is to be understood as expressing the opinion of the people, who thought that Moses was speaking with God mouth to mouth, when God spoke and appeared to him, by means of a subordinate creature, i.e. an angel and a cloud. Again we may say that this vision "face to face" means some kind of sublime and familiar contemplation, inferior to the vision of the Divine Essence.

Reply to Objection 3. It is for the sovereign alone to make a law by his own authority; but sometimes after making a law, he promulgates it through others. Thus God made the Law by His own authority, but He promulgated it through the angels.


Whether the Old Law should have been given to the Jews alone?

Objection 1. It would seem that the Old Law should not have been given to the Jews alone. For the Old Law disposed men for the salvation which was to come through Christ, as stated above (Article 2,Article 3). But that salvation was to come not to the Jews alone but to all nations, according to Isaiah 49:6: "It is a small thing that thou shouldst be my servant to raise up the tribes of Jacob, and to convert the dregs of Israel. Behold I have given thee to be the light of the Gentiles, that thou mayest be My salvation, even to the farthest part of the earth." Therefore the Old Law should have been given to all nations, and not to one people only.

Objection 2. Further, according to Acts 10:34-35, "God is not a respecter of persons: but in every nation, he that feareth Him, and worketh justice, is acceptable to Him." Therefore the way of salvation should not have been opened to one people more than to another.

Objection 3. Further, the law was given through the angels, as stated above (Article 3). But God always vouchsafed the ministrations of the angels not to the Jews alone, but to all nations: for it is written (Sirach 17:14): "Over every nation He set a ruler." Also on all nations He bestows temporal goods, which are of less account with God than spiritual goods. Therefore He should have given the Law also to all peoples.

On the contrary, It is written (Romans 3:1-2): "What advantage then hath the Jew? . . . Much every way. First indeed, because the words of God were committed to them": and (Psalm 147:9): "He hath not done in like manner to every nation: and His judgments He hath not made manifest unto them."

I answer that, It might be assigned as a reason for the Law being given to the Jews rather than to other peoples, that the Jewish people alone remained faithful to the worship of one God, while the others turned away to idolatry; wherefore the latter were unworthy to receive the Law, lest a holy thing should be given to dogs.

But this reason does not seem fitting: because that people turned to idolatry, even after the Law had been made, which was more grievous, as is clear from Exodus 32 and from Amos 5:25-26: "Did you offer victims and sacrifices to Me in the desert for forty years, O house of Israel? But you carried a tabernacle for your Moloch, and the image of your idols, the star of your god, which you made to yourselves." Moreover it is stated expressly (Deuteronomy 9:6): "Know therefore that the Lord thy God giveth thee not this excellent land in possession for thy justices, for thou art a very stiff-necked people": but the real reason is given in the preceding verse: "That the Lord might accomplish His word, which He promised by oath to thy fathers Abraham, Isaac, and Jacob."

What this promise was is shown by the Apostle, who says (Galatians 3:16) that "to Abraham were the promises made and to his seed. He saith not, 'And to his seeds,' as of many: but as of one, 'And to thy seed,' which is Christ." And so God vouchsafed both the Law and other special boons to that people, on account of the promised made to their fathers that Christ should be born of them. For it was fitting that the people, of whom Christ was to be born, should be signalized by a special sanctification, according to the words of Leviticus 19:2: "Be ye holy, because I . . . am holy." Nor again was it on account of the merit of Abraham himself that this promise was made to him, viz. that Christ should be born of his seed: but of gratuitous election and vocation. Hence it is written (Isaiah 41:2): "Who hath raised up the just one form the east, hath called him to follow him?"

It is therefore evident that it was merely from gratuitous election that the patriarchs received the promise, and that the people sprung from them received the law; according to Deuteronomy 4:36-37: "Ye did [Vulgate: 'Thou didst'] hear His words out of the midst of the fire, because He loved thy fathers, and chose their seed after them." And if again it asked why He chose this people, and not another, that Christ might be born thereof; a fitting answer is given by Augustine (Tract. super Joan. xxvi): "Why He draweth one and draweth not another, seek not thou to judge, if thou wish not to err."

Reply to Objection 1. Although the salvation, which was to come through Christ, was prepared for all nations, yet it was necessary that Christ should be born of one people, which, for this reason, was privileged above other peoples; according to Romans 9:4: "To whom," namely the Jews, "belongeth the adoption as of children (of God) . . . and the testament, and the giving of the Law . . . whose are the fathers, and of whom is Christ according to the flesh."

Reply to Objection 2. Respect of persons takes place in those things which are given according to due; but it has no place in those things which are bestowed gratuitously. Because he who, out of generosity, gives of his own to one and not to another, is not a respecter of persons: but if he were a dispenser of goods held in common, and were not to distribute them according to personal merits, he would be a respecter of persons. Now God bestows the benefits of salvation on the human race gratuitously: wherefore He is not a respecter of persons, if He gives them to some rather than to others. Hence Augustine says (De Praedest. Sanct. viii): "All whom God teaches, he teaches out of pity; but whom He teaches not, out of justice He teaches not": for this is due to the condemnation of the human race for the sin of the first parent.

Reply to Objection 3. The benefits of grace are forfeited by man on account of sin: but not the benefits of nature. Among the latter are the ministries of the angels, which the very order of various natures demands, viz. that the lowest beings be governed through the intermediate beings: and also bodily aids, which God vouchsafes not only to men, but also to beasts, according to Psalm 35:7: "Men and beasts Thou wilt preserve, O Lord."


Whether all men were bound to observe the Old Law?

Objection 1. It would seem that all men were bound to observe the Old Law. Because whoever is subject to the king, must needs be subject to his law. But the Old Law was given by God, Who is "King of all the earth" (Psalm 46:8). Therefore all the inhabitants of the earth were bound to observe the Law.

Objection 2. Further, the Jews could not be saved without observing the Old Law: for it is written (Deuteronomy 27:26): "Cursed be he that abideth not in the words of this law, and fulfilleth them not in work." If therefore other men could be saved without the observance of the Old Law, the Jews would be in a worse plight than other men.

Objection 3. Further, the Gentiles were admitted to the Jewish ritual and to the observances of the Law: for it is written (Exodus 12:48): "If any stranger be willing to dwell among you, and to keep the Phase of the Lord, all his males shall first be circumcised, and then shall he celebrate it according to the manner; and he shall be as he that is born in the land." But it would have been useless to admit strangers to the legal observances according to Divine ordinance, if they could have been saved without the observance of the Law. Therefore none could be saved without observing the Law.

On the contrary, Dionysius says (Coel. Hier. ix) that many of the Gentiles were brought back to God by the angels. But it is clear that the Gentiles did not observe the Law. Therefore some could be saved without observing the Law.

I answer that, The Old Law showed forth the precepts of the natural law, and added certain precepts of its own. Accordingly, as to those precepts of the natural law contained in the Old Law, all were bound to observe the Old Law; not because they belonged to the Old Law, but because they belonged to the natural law. But as to those precepts which were added by the Old Law, they were not binding on save the Jewish people alone.

The reason of this is because the Old Law, as stated above (Article 4), was given to the Jewish people, that it might receive a prerogative of holiness, in reverence for Christ Who was to be born of that people. Now whatever laws are enacted for the special sanctification of certain ones, are binding on them alone: thus clerics who are set aside for the service of God are bound to certain obligations to which the laity are not bound; likewise religious are bound by their profession to certain works of perfection, to which people living in the world are not bound. In like manner this people was bound to certain special observances, to which other peoples were not bound. Wherefore it is written (Deuteronomy 18:13): "Thou shalt be perfect and without spot before the Lord thy God": and for this reason they used a kind of form of profession, as appears from Deuteronomy 26:3: "I profess this day before the Lord thy God," etc.

Reply to Objection 1. Whoever are subject to a king, are bound to observe his law which he makes for all in general. But if he orders certain things to be observed by the servants of his household, others are not bound thereto.

Reply to Objection 2. The more a man is united to God, the better his state becomes: wherefore the more the Jewish people were bound to the worship of God, the greater their excellence over other peoples. Hence it is written (Deuteronomy 4:8): "What other nation is there so renowned that hath ceremonies and just judgments, and all the law?" In like manner, from this point of view, the state of clerics is better than that of the laity, and the state of religious than that of folk living in the world.

Reply to Objection 3. The Gentiles obtained salvation more perfectly and more securely under the observances of the Law than under the mere natural law: and for this reason they were admitted to them. So too the laity are now admitted to the ranks of the clergy, and secular persons to those of the religious, although they can be saved without this.