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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