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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