Whether Every Law Is Derived from the Eternal Law?
Objection 1: It would seem that not every law is derived from the
eternal law. For there is a law of the _fomes,_ as stated above (Q.
91, A. 6), which is not derived from that Divine law which is the
eternal law, since thereunto pertains the "prudence of the flesh," of
which the Apostle says (Rom. 8:7), that "it cannot be subject to the
law of God." Therefore not every law is derived from the eternal law.
Obj. 2: Further, nothing unjust can be derived from the eternal law,
because, as stated above (A. 2, Obj. 2), "the eternal law is that,
according to which it is right that all things should be most
orderly." But some laws are unjust, according to Isa. 10:1: "Woe to
them that make wicked laws." Therefore not every law is derived from
the eternal law.
Obj. 3: Further, Augustine says (De Lib. Arb. i, 5) that "the law
which is framed for ruling the people, rightly permits many things
which are punished by Divine providence." But the type of Divine
providence is the eternal law, as stated above (A. 1). Therefore not
even every good law is derived from the eternal law.
_On the contrary,_ Divine Wisdom says (Prov. 8:15): "By Me kings
reign, and lawgivers decree just things." But the type of Divine
Wisdom is the eternal law, as stated above (A. 1). Therefore all laws
proceed from the eternal law.
_I answer that,_ As stated above (Q. 90, AA. 1, 2), the law denotes a
kind of plan directing acts towards an end. Now wherever there are
movers ordained to one another, the power of the second mover must
needs be derived from the power of the first mover; since the second
mover does not move except in so far as it is moved by the first.
Wherefore we observe the same in all those who govern, so that the
plan of government is derived by secondary governors from the
governor in chief; thus the plan of what is to be done in a state
flows from the king's command to his inferior administrators: and
again in things of art the plan of whatever is to be done by art
flows from the chief craftsman to the under-craftsmen, who work with
their hands. Since then the eternal law is the plan of government in
the Chief Governor, all the plans of government in the inferior
governors must be derived from the eternal law. But these plans of
inferior governors are all other laws besides the eternal law.
Therefore all laws, in so far as they partake of right reason, are
derived from the eternal law. Hence Augustine says (De Lib. Arb. i,
6) that "in temporal law there is nothing just and lawful, but what
man has drawn from the eternal law."
Reply Obj. 1: The _fomes_ has the nature of law in man, in so far as
it is a punishment resulting from Divine justice; and in this respect
it is evident that it is derived from the eternal law. But in so far
as it denotes a proneness to sin, it is contrary to the Divine law,
and has not the nature of law, as stated above (Q. 91, A. 6).
Reply Obj. 2: Human law has the nature of law in so far as it
partakes of right reason; and it is clear that, in this respect, it
is derived from the eternal law. But in so far as it deviates from
reason, it is called an unjust law, and has the nature, not of law
but of violence. Nevertheless even an unjust law, in so far as it
retains some appearance of law, though being framed by one who is in
power, is derived from the eternal law; since all power is from the
Lord God, according to Rom. 13:1.
Reply Obj. 3: Human law is said to permit certain things, not as
approving them, but as being unable to direct them. And many things
are directed by the Divine law, which human law is unable to direct,
because more things are subject to a higher than to a lower cause.
Hence the very fact that human law does not meddle with matters it
cannot direct, comes under the ordination of the eternal law. It
would be different, were human law to sanction what the eternal law
condemns. Consequently it does not follow that human law is not
derived from the eternal law, but that it is not on a perfect
equality with it.
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