FIRST ARTICLE [I-II, Q. 95, Art. 1]

Whether It Was Useful for Laws to Be Framed by Men?

Objection 1: It would seem that it was not useful for laws to be

framed by men. Because the purpose of every law is that man be made

good thereby, as stated above (Q. 92, A. 1). But men are more to be

induced to be good willingly by means of admonitions, than against

their will, by means of laws. Therefore there was no need to frame

laws.

Obj. 2: Further, As the Philosopher says (Ethic. v, 4), "men have

recourse to a judge as to animate justice." But animate justice is

better than inanimate justice, which contained in laws. Therefore it

would have been better for the execution of justice to be entrusted

to the decision of judges, than to frame laws in addition.

Obj. 3: Further, every law is framed for the direction of human

actions, as is evident from what has been stated above (Q. 90, AA. 1,

2). But since human actions are about singulars, which are infinite

in number, matter pertaining to the direction of human actions cannot

be taken into sufficient consideration except by a wise man, who

looks into each one of them. Therefore it would have been better for

human acts to be directed by the judgment of wise men, than by the

framing of laws. Therefore there was no need of human laws.

_On the contrary,_ Isidore says (Etym. v, 20): "Laws were made that

in fear thereof human audacity might be held in check, that innocence

might be safeguarded in the midst of wickedness, and that the dread

of punishment might prevent the wicked from doing harm." But these

things are most necessary to mankind. Therefore it was necessary that

human laws should be made.

_I answer that,_ As stated above (Q. 63, A. 1; Q. 94, A. 3), man has

a natural aptitude for virtue; but the perfection of virtue must be

acquired by man by means of some kind of training. Thus we observe

that man is helped by industry in his necessities, for instance, in

food and clothing. Certain beginnings of these he has from nature,

viz. his reason and his hands; but he has not the full complement, as

other animals have, to whom nature has given sufficiency of clothing

and food. Now it is difficult to see how man could suffice for

himself in the matter of this training: since the perfection of

virtue consists chiefly in withdrawing man from undue pleasures, to

which above all man is inclined, and especially the young, who are

more capable of being trained. Consequently a man needs to receive

this training from another, whereby to arrive at the perfection of

virtue. And as to those young people who are inclined to acts of

virtue, by their good natural disposition, or by custom, or rather by

the gift of God, paternal training suffices, which is by admonitions.

But since some are found to be depraved, and prone to vice, and not

easily amenable to words, it was necessary for such to be restrained

from evil by force and fear, in order that, at least, they might

desist from evil-doing, and leave others in peace, and that they

themselves, by being habituated in this way, might be brought to do

willingly what hitherto they did from fear, and thus become virtuous.

Now this kind of training, which compels through fear of punishment,

is the discipline of laws. Therefore in order that man might have

peace and virtue, it was necessary for laws to be framed: for, as the

Philosopher says (Polit. i, 2), "as man is the most noble of animals

if he be perfect in virtue, so is he the lowest of all, if he be

severed from law and righteousness"; because man can use his reason

to devise means of satisfying his lusts and evil passions, which

other animals are unable to do.

Reply Obj. 1: Men who are well disposed are led willingly to virtue

by being admonished better than by coercion: but men who are evilly

disposed are not led to virtue unless they are compelled.

Reply Obj. 2: As the Philosopher says (Rhet. i, 1), "it is better

that all things be regulated by law, than left to be decided by

judges": and this for three reasons. First, because it is easier to

find a few wise men competent to frame right laws, than to find the

many who would be necessary to judge aright of each single case.

Secondly, because those who make laws consider long beforehand what

laws to make; whereas judgment on each single case has to be

pronounced as soon as it arises: and it is easier for man to see what

is right, by taking many instances into consideration, than by

considering one solitary fact. Thirdly, because lawgivers judge in

the abstract and of future events; whereas those who sit in judgment

judge of things present, towards which they are affected by love,

hatred, or some kind of cupidity; wherefore their judgment is

perverted.

Since then the animated justice of the judge is not found in every

man, and since it can be deflected, therefore it was necessary,

whenever possible, for the law to determine how to judge, and for

very few matters to be left to the decision of men.

Reply Obj. 3: Certain individual facts which cannot be covered by the

law "have necessarily to be committed to judges," as the Philosopher

says in the same passage: for instance, "concerning something that

has happened or not happened," and the like.

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Summa Theologica, Part I-II (Pars Prima Secundae) From the Complete American Edition · 第 612 / 746 题