THIRD ARTICLE [I-II, Q. 91, Art. 3]

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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Summa Theologica, Part I-II (Pars Prima Secundae) From the Complete American Edition · 第 590 / 746 题