SECOND ARTICLE [I-II, Q. 92, Art. 2]

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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Summa Theologica, Part I-II (Pars Prima Secundae) From the Complete American Edition · 第 596 / 746 题