FOURTH ARTICLE [I-II, Q. 94, Art. 4]

Whether the Natural Law Is the Same in All Men?

Objection 1: It would seem that the natural law is not the same in

all. For it is stated in the Decretals (Dist. i) that "the natural

law is that which is contained in the Law and the Gospel." But this

is not common to all men; because, as it is written (Rom. 10:16),

"all do not obey the gospel." Therefore the natural law is not the

same in all men.

Obj. 2: Further, "Things which are according to the law are said to

be just," as stated in _Ethic._ v. But it is stated in the same book

that nothing is so universally just as not to be subject to change in

regard to some men. Therefore even the natural law is not the same in

all men.

Obj. 3: Further, as stated above (AA. 2, 3), to the natural law

belongs everything to which a man is inclined according to his

nature. Now different men are naturally inclined to different things;

some to the desire of pleasures, others to the desire of honors, and

other men to other things. Therefore there is not one natural law for

all.

_On the contrary,_ Isidore says (Etym. v, 4): "The natural law is

common to all nations."

_I answer that,_ As stated above (AA. 2, 3), to the natural law

belong those things to which a man is inclined naturally: and among

these it is proper to man to be inclined to act according to reason.

Now the process of reason is from the common to the proper, as stated

in _Phys._ i. The speculative reason, however, is differently

situated in this matter, from the practical reason. For, since the

speculative reason is busied chiefly with necessary things, which

cannot be otherwise than they are, its proper conclusions, like the

universal principles, contain the truth without fail. The practical

reason, on the other hand, is busied with contingent matters, about

which human actions are concerned: and consequently, although there

is necessity in the general principles, the more we descend to

matters of detail, the more frequently we encounter defects.

Accordingly then in speculative matters truth is the same in all men,

both as to principles and as to conclusions: although the truth is

not known to all as regards the conclusions, but only as regards the

principles which are called common notions. But in matters of action,

truth or practical rectitude is not the same for all, as to matters

of detail, but only as to the general principles: and where there is

the same rectitude in matters of detail, it is not equally known to

all.

It is therefore evident that, as regards the general principles

whether of speculative or of practical reason, truth or rectitude is

the same for all, and is equally known by all. As to the proper

conclusions of the speculative reason, the truth is the same for all,

but is not equally known to all: thus it is true for all that the

three angles of a triangle are together equal to two right angles,

although it is not known to all. But as to the proper conclusions of

the practical reason, neither is the truth or rectitude the same for

all, nor, where it is the same, is it equally known by all. Thus it

is right and true for all to act according to reason: and from this

principle it follows as a proper conclusion, that goods entrusted to

another should be restored to their owner. Now this is true for the

majority of cases: but it may happen in a particular case that it

would be injurious, and therefore unreasonable, to restore goods held

in trust; for instance, if they are claimed for the purpose of

fighting against one's country. And this principle will be found to

fail the more, according as we descend further into detail, e.g. if

one were to say that goods held in trust should be restored with such

and such a guarantee, or in such and such a way; because the greater

the number of conditions added, the greater the number of ways in

which the principle may fail, so that it be not right to restore or

not to restore.

Consequently we must say that the natural law, as to general

principles, is the same for all, both as to rectitude and as to

knowledge. But as to certain matters of detail, which are

conclusions, as it were, of those general principles, it is the same

for all in the majority of cases, both as to rectitude and as to

knowledge; and yet in some few cases it may fail, both as to

rectitude, by reason of certain obstacles (just as natures subject to

generation and corruption fail in some few cases on account of some

obstacle), and as to knowledge, since in some the reason is perverted

by passion, or evil habit, or an evil disposition of nature; thus

formerly, theft, although it is expressly contrary to the natural

law, was not considered wrong among the Germans, as Julius Caesar

relates (De Bello Gall. vi).

Reply Obj. 1: The meaning of the sentence quoted is not that whatever

is contained in the Law and the Gospel belongs to the natural law,

since they contain many things that are above nature; but that

whatever belongs to the natural law is fully contained in them.

Wherefore Gratian, after saying that "the natural law is what is

contained in the Law and the Gospel," adds at once, by way of

example, "by which everyone is commanded to do to others as he would

be done by."

Reply Obj. 2: The saying of the Philosopher is to be understood of

things that are naturally just, not as general principles, but as

conclusions drawn from them, having rectitude in the majority of

cases, but failing in a few.

Reply Obj. 3: As, in man, reason rules and commands the other powers,

so all the natural inclinations belonging to the other powers must

needs be directed according to reason. Wherefore it is universally

right for all men, that all their inclinations should be directed

according to reason.

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Summa Theologica, Part I-II (Pars Prima Secundae) From the Complete American Edition · 第 608 / 746 题