Whether Human Law Binds a Man in Conscience?
Objection 1: It would seem that human law does not bind man in
conscience. For an inferior power has no jurisdiction in a court of
higher power. But the power of man, which frames human law, is
beneath the Divine power. Therefore human law cannot impose its
precept in a Divine court, such as is the court of conscience.
Obj. 2: Further, the judgment of conscience depends chiefly on the
commandments of God. But sometimes God's commandments are made void
by human laws, according to Matt. 15:6: "You have made void the
commandment of God for your tradition." Therefore human law does not
bind a man in conscience.
Obj. 3: Further, human laws often bring loss of character and injury
on man, according to Isa. 10:1 et seqq.: "Woe to them that make
wicked laws, and when they write, write injustice; to oppress the
poor in judgment, and do violence to the cause of the humble of My
people." But it is lawful for anyone to avoid oppression and
violence. Therefore human laws do not bind man in conscience.
_On the contrary,_ It is written (1 Pet. 2:19): "This is thankworthy,
if for conscience . . . a man endure sorrows, suffering wrongfully."
_I answer that,_ Laws framed by man are either just or unjust. If
they be just, they have the power of binding in conscience, from the
eternal law whence they are derived, according to Prov. 8:15: "By Me
kings reign, and lawgivers decree just things." Now laws are said to
be just, both from the end, when, to wit, they are ordained to the
common good--and from their author, that is to say, when the law that
is made does not exceed the power of the lawgiver--and from their
form, when, to wit, burdens are laid on the subjects, according to an
equality of proportion and with a view to the common good. For, since
one man is a part of the community, each man in all that he is and
has, belongs to the community; just as a part, in all that it is,
belongs to the whole; wherefore nature inflicts a loss on the part,
in order to save the whole: so that on this account, such laws as
these, which impose proportionate burdens, are just and binding in
conscience, and are legal laws.
On the other hand laws may be unjust in two ways: first, by being
contrary to human good, through being opposed to the things mentioned
above--either in respect of the end, as when an authority imposes on
his subjects burdensome laws, conducive, not to the common good, but
rather to his own cupidity or vainglory--or in respect of the author,
as when a man makes a law that goes beyond the power committed to
him--or in respect of the form, as when burdens are imposed unequally
on the community, although with a view to the common good. The like
are acts of violence rather than laws; because, as Augustine says (De
Lib. Arb. i, 5), "a law that is not just, seems to be no law at all."
Wherefore such laws do not bind in conscience, except perhaps in
order to avoid scandal or disturbance, for which cause a man should
even yield his right, according to Matt. 5:40, 41: "If a man . . .
take away thy coat, let go thy cloak also unto him; and whosoever
will force thee one mile, go with him other two."
Secondly, laws may be unjust through being opposed to the Divine
good: such are the laws of tyrants inducing to idolatry, or to
anything else contrary to the Divine law: and laws of this kind must
nowise be observed, because, as stated in Acts 5:29, "we ought to
obey God rather than man."
Reply Obj. 1: As the Apostle says (Rom. 13:1, 2), all human power is
from God . . . "therefore he that resisteth the power," in matters
that are within its scope, "resisteth the ordinance of God"; so that
he becomes guilty according to his conscience.
Reply Obj. 2: This argument is true of laws that are contrary to the
commandments of God, which is beyond the scope of (human) power.
Wherefore in such matters human law should not be obeyed.
Reply Obj. 3: This argument is true of a law that inflicts unjust
hurt on its subjects. The power that man holds from God does not
extend to this: wherefore neither in such matters is man bound to
obey the law, provided he avoid giving scandal or inflicting a more
grievous hurt.
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