Whether the Natural Law Can Be Changed?
Objection 1: It would seem that the natural law can be changed.
Because on Ecclus. 17:9, "He gave them instructions, and the law of
life," the gloss says: "He wished the law of the letter to be
written, in order to correct the law of nature." But that which is
corrected is changed. Therefore the natural law can be changed.
Obj. 2: Further, the slaying of the innocent, adultery, and theft are
against the natural law. But we find these things changed by God: as
when God commanded Abraham to slay his innocent son (Gen. 22:2); and
when he ordered the Jews to borrow and purloin the vessels of the
Egyptians (Ex. 12:35); and when He commanded Osee to take to himself
"a wife of fornications" (Osee 1:2). Therefore the natural law can be
changed.
Obj. 3: Further, Isidore says (Etym. 5:4) that "the possession of all
things in common, and universal freedom, are matters of natural law."
But these things are seen to be changed by human laws. Therefore it
seems that the natural law is subject to change.
_On the contrary,_ It is said in the Decretals (Dist. v): "The
natural law dates from the creation of the rational creature. It does
not vary according to time, but remains unchangeable."
_I answer that,_ A change in the natural law may be understood in two
ways. First, by way of addition. In this sense nothing hinders the
natural law from being changed: since many things for the benefit of
human life have been added over and above the natural law, both by
the Divine law and by human laws.
Secondly, a change in the natural law may be understood by way of
subtraction, so that what previously was according to the natural
law, ceases to be so. In this sense, the natural law is altogether
unchangeable in its first principles: but in its secondary
principles, which, as we have said (A. 4), are certain detailed
proximate conclusions drawn from the first principles, the natural
law is not changed so that what it prescribes be not right in most
cases. But it may be changed in some particular cases of rare
occurrence, through some special causes hindering the observance of
such precepts, as stated above (A. 4).
Reply Obj. 1: The written law is said to be given for the correction
of the natural law, either because it supplies what was wanting to
the natural law; or because the natural law was perverted in the
hearts of some men, as to certain matters, so that they esteemed
those things good which are naturally evil; which perversion stood in
need of correction.
Reply Obj. 2: All men alike, both guilty and innocent, die the death
of nature: which death of nature is inflicted by the power of God on
account of original sin, according to 1 Kings 2:6: "The Lord killeth
and maketh alive." Consequently, by the command of God, death can be
inflicted on any man, guilty or innocent, without any injustice
whatever. In like manner adultery is intercourse with another's wife;
who is allotted to him by the law emanating from God. Consequently
intercourse with any woman, by the command of God, is neither
adultery nor fornication. The same applies to theft, which is the
taking of another's property. For whatever is taken by the command of
God, to Whom all things belong, is not taken against the will of its
owner, whereas it is in this that theft consists. Nor is it only in
human things, that whatever is commanded by God is right; but also in
natural things, whatever is done by God, is, in some way, natural, as
stated in the First Part, Q. 105, A. 6, ad 1.
Reply Obj. 3: A thing is said to belong to the natural law in two
ways. First, because nature inclines thereto: e.g. that one should
not do harm to another. Secondly, because nature did not bring in the
contrary: thus we might say that for man to be naked is of the
natural law, because nature did not give him clothes, but art
invented them. In this sense, "the possession of all things in common
and universal freedom" are said to be of the natural law, because, to
wit, the distinction of possessions and slavery were not brought in
by nature, but devised by human reason for the benefit of human life.
Accordingly the law of nature was not changed in this respect, except
by addition.
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