Part II (Pars Prima Secundae) Part 150 (1/2)

Reply Obj. 3: The natural law is a partic.i.p.ation 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.

________________________

THIRD ARTICLE [I-II, Q. 96, Art. 3]

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 (A. 2).

Therefore neither does it prescribe all acts of virtue.

Obj. 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.

Obj. 3: Further, law is ordained to the common good, as stated above (Q. 90, A. 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 (Q. 54, A. 2; Q. 60, A. 1; Q. 62, A. 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 mult.i.tude: thus matters of fort.i.tude 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 (Q. 90, A. 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 Obj. 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 Obj. 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 fort.i.tude 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 Obj. 3: There is no virtue whose act is not ordainable to the common good, as stated above, either mediately or immediately.

________________________

FOURTH ARTICLE [I-II, Q. 96, Art. 4]

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.

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

Obj. 3: Further, human laws often bring loss of character and injury on man, according to Isa. 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 Pet. 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 Prov. 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 Matt. 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 G.o.d rather than man.”

Reply Obj. 1: As the Apostle says (Rom. 13:1, 2), all human power is from G.o.d ... ”therefore he that resisteth the power,” in matters that are within its scope, ”resisteth the ordinance of G.o.d”; so that he becomes guilty according to his conscience.

Reply Obj. 2: This argument is true of laws that are contrary to the commandments of G.o.d, which is beyond the scope of (human) power.