Whether There Is a Human Law?
Objection 1: It would seem that there is not a human law. For the
natural law is a participation of the eternal law, as stated above
(A. 2). Now through the eternal law "all things are most orderly," as
Augustine states (De Lib. Arb. i, 6). Therefore the natural law
suffices for the ordering of all human affairs. Consequently there is
no need for a human law.
Obj. 2: Further, a law bears the character of a measure, as stated
above (Q. 90, A. 1). But human reason is not a measure of things, but
vice versa, as stated in _Metaph._ x, text. 5. Therefore no law can
emanate from human reason.
Obj. 3: Further, a measure should be most certain, as stated in
_Metaph._ x, text. 3. But the dictates of human reason in matters of
conduct are uncertain, according to Wis. 9:14: "The thoughts of
mortal men are fearful, and our counsels uncertain." Therefore no law
can emanate from human reason.
_On the contrary,_ Augustine (De Lib. Arb. i, 6) distinguishes two
kinds of law, the one eternal, the other temporal, which he calls
human.
_I answer that,_ As stated above (Q. 90, A. 1, ad 2), a law is a
dictate of the practical reason. Now it is to be observed that the
same procedure takes place in the practical and in the speculative
reason: for each proceeds from principles to conclusions, as stated
above (ibid.). Accordingly we conclude that just as, in the
speculative reason, from naturally known indemonstrable principles,
we draw the conclusions of the various sciences, the knowledge of
which is not imparted to us by nature, but acquired by the efforts of
reason, so too it is from the precepts of the natural law, as from
general and indemonstrable principles, that the human reason needs to
proceed to the more particular determination of certain matters.
These particular determinations, devised by human reason, are called
human laws, provided the other essential conditions of law be
observed, as stated above (Q. 90, AA. 2, 3, 4). Wherefore Tully says
in his _Rhetoric_ (De Invent. Rhet. ii) that "justice has its source
in nature; thence certain things came into custom by reason of their
utility; afterwards these things which emanated from nature and were
approved by custom, were sanctioned by fear and reverence for the
law."
Reply Obj. 1: The human reason cannot have a full participation of
the dictate of the Divine Reason, but according to its own mode, and
imperfectly. Consequently, as on the part of the speculative reason,
by a natural participation of Divine Wisdom, there is in us the
knowledge of certain general principles, but not proper knowledge of
each single truth, such as that contained in the Divine Wisdom; so
too, on the part of the practical reason, man has a natural
participation of the eternal law, according to certain general
principles, but not as regards the particular determinations of
individual cases, which are, however, contained in the eternal law.
Hence the need for human reason to proceed further to sanction them
by law.
Reply Obj. 2: Human reason is not, of itself, the rule of things: but
the principles impressed on it by nature, are general rules and
measures of all things relating to human conduct, whereof the natural
reason is the rule and measure, although it is not the measure of
things that are from nature.
Reply Obj. 3: The practical reason is concerned with practical
matters, which are singular and contingent: but not with necessary
things, with which the speculative reason is concerned. Wherefore
human laws cannot have that inerrancy that belongs to the
demonstrated conclusions of sciences. Nor is it necessary for every
measure to be altogether unerring and certain, but according as it
is possible in its own particular genus.
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