Whether the Acts of Law Are Suitably Assigned?
Objection 1: It would seem that the acts of law are not suitably
assigned as consisting in "command, prohibition, permission, and
punishment." For "every law is a general precept," as the Jurist
states. But command and precept are the same. Therefore the other
three are superfluous.
Obj. 2: Further, the effect of a law is to induce its subjects to be
good, as stated above (A. 1). But counsel aims at a higher good than
a command does. Therefore it belongs to law to counsel rather than to
command.
Obj. 3: Further, just as punishment stirs a man to good deeds, so
does reward. Therefore if to punish is reckoned an effect of law, so
also is to reward.
Obj. 4: Further, the intention of a lawgiver is to make men good, as
stated above (A. 1). But he that obeys the law, merely through fear
of being punished, is not good: because "although a good deed may be
done through servile fear, i.e. fear of punishment, it is not done
well," as Augustine says (Contra duas Epist. Pelag. ii). Therefore
punishment is not a proper effect of law.
_On the contrary,_ Isidore says (Etym. v, 19): "Every law either
permits something, as: 'A brave man may demand his reward'": or
forbids something, as: "No man may ask a consecrated virgin in
marriage": or punishes, as: "Let him that commits a murder be put to
death."
_I answer that,_ Just as an assertion is a dictate of reason
asserting something, so is a law a dictate of reason, commanding
something. Now it is proper to reason to lead from one thing to
another. Wherefore just as, in demonstrative sciences, the reason
leads us from certain principles to assent to the conclusion, so it
induces us by some means to assent to the precept of the law.
Now the precepts of law are concerned with human acts, in which the
law directs, as stated above (Q. 90, AA. 1, 2; Q. 91, A. 4). Again
there are three kinds of human acts: for, as stated above (Q. 18, A.
8), some acts are good generically, viz. acts of virtue; and in
respect of these the act of the law is a precept or command, for "the
law commands all acts of virtue" (Ethic. v, 1). Some acts are evil
generically, viz. acts of vice, and in respect of these the law
forbids. Some acts are generically indifferent, and in respect of
these the law permits; and all acts that are either not distinctly
good or not distinctly bad may be called indifferent. And it is the
fear of punishment that law makes use of in order to ensure
obedience: in which respect punishment is an effect of law.
Reply Obj. 1: Just as to cease from evil is a kind of good, so a
prohibition is a kind of precept: and accordingly, taking precept in
a wide sense, every law is a kind of precept.
Reply Obj. 2: To advise is not a proper act of law, but may be within
the competency even of a private person, who cannot make a law.
Wherefore too the Apostle, after giving a certain counsel (1 Cor.
7:12) says: "I speak, not the Lord." Consequently it is not reckoned
as an effect of law.
Reply Obj. 3: To reward may also pertain to anyone: but to punish
pertains to none but the framer of the law, by whose authority the
pain is inflicted. Wherefore to reward is not reckoned an effect of
law, but only to punish.
Reply Obj. 4: From becoming accustomed to avoid evil and fulfill what
is good, through fear of punishment, one is sometimes led on to do so
likewise, with delight and of one's own accord. Accordingly, law,
even by punishing, leads men on to being good.
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