FOURTH ARTICLE [I-II, Q. 99, Art. 4]

Whether, Besides the Moral and Ceremonial Precepts, There Are Also

Judicial Precepts?

Objection 1: It would seem that there are no judicial precepts in

addition to the moral and ceremonial precepts in the Old Law. For

Augustine says (Contra Faust. vi, 2) that in the Old Law there are

"precepts concerning the life we have to lead, and precepts regarding

the life that is foreshadowed." Now the precepts of the life we have

to lead are moral precepts; and the precepts of the life that is

foreshadowed are ceremonial. Therefore besides these two kinds of

precepts we should not put any judicial precepts in the Law.

Obj. 2: Further, a gloss on Ps. 118:102, "I have not declined from

Thy judgments," says, i.e. "from the rule of life Thou hast set for

me." But a rule of life belongs to the moral precepts. Therefore the

judicial precepts should not be considered as distinct from the moral

precepts.

Obj. 3: Further, judgment seems to be an act of justice, according to

Ps. 93:15: "Until justice be turned into judgment." But acts of

justice, like the acts of other virtues, belong to the moral

precepts. Therefore the moral precepts include the judicial precepts,

and consequently should not be held as distinct from them.

_On the contrary,_ It is written (Deut. 6:1): "These are the precepts

and ceremonies, and judgments": where "precepts" stands for "moral

precepts" antonomastically. Therefore there are judicial precepts

besides moral and ceremonial precepts.

_I answer that,_ As stated above (AA. 2, 3), it belongs to the Divine

law to direct men to one another and to God. Now each of these

belongs in the abstract to the dictates of the natural law, to which

dictates the moral precepts are to be referred: yet each of them has

to be determined by Divine or human law, because naturally known

principles are universal, both in speculative and in practical

matters. Accordingly just as the determination of the universal

principle about Divine worship is effected by the ceremonial

precepts, so the determination of the general precepts of that

justice which is to be observed among men is effected by the judicial

precepts.

We must therefore distinguish three kinds of precept in the Old Law;

viz. _moral_ precepts, which are dictated by the natural law;

_ceremonial_ precepts, which are determinations of the Divine

worship; and _judicial_ precepts, which are determinations of the

justice to be maintained among men. Wherefore the Apostle (Rom. 7:12)

after saying that the "Law is holy," adds that "the commandment is

just, and holy, and good": "just," in respect of the judicial

precepts; "holy," with regard to the ceremonial precepts (since the

word "sanctus"--"holy"--is applied to that which is consecrated to

God); and "good," i.e. conducive to virtue, as to the moral precepts.

Reply Obj. 1: Both the moral and the judicial precepts aim at the

ordering of human life: and consequently they are both comprised

under one of the heads mentioned by Augustine, viz. under the

precepts of the life we have to lead.

Reply Obj. 2: Judgment denotes execution of justice, by an

application of the reason to individual cases in a determinate way.

Hence the judicial precepts have something in common with the moral

precepts, in that they are derived from reason; and something in

common with the ceremonial precepts, in that they are determinations

of general precepts. This explains why sometimes "judgments" comprise

both judicial and moral precepts, as in Deut. 5:1: "Hear, O Israel,

the ceremonies and judgments"; and sometimes judicial and ceremonial

precepts, as in Lev. 18:4: "You shall do My judgments, and shall

observe My precepts," where "precepts" denotes moral precepts, while

"judgments" refers to judicial and ceremonial precepts.

Reply Obj. 3: The act of justice, in general, belongs to the moral

precepts; but its determination to some special kind of act belongs

to the judicial precepts.

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Summa Theologica, Part I-II (Pars Prima Secundae) From the Complete American Edition · 第 639 / 746 题