Whether the Mode of Virtue Falls Under the Precept of the Law?
Objection 1: It would seem that the mode of virtue falls under the
precept of the law. For the mode of virtue is that deeds of justice
should be done justly, that deeds of fortitude should be done
bravely, and in like manner as to the other virtues. But it is
commanded (Deut. 26:20) that "thou shalt follow justly after that
which is just." Therefore the mode of virtue falls under the precept.
Obj. 2: Further, that which belongs to the intention of the lawgiver
comes chiefly under the precept. But the intention of the lawgiver is
directed chiefly to make men virtuous, as stated in _Ethic._ ii: and
it belongs to a virtuous man to act virtuously. Therefore the mode of
virtue falls under the precept.
Obj. 3: Further, the mode of virtue seems to consist properly in
working willingly and with pleasure. But this falls under a precept
of the Divine law, for it is written (Ps. 99:2): "Serve ye the Lord
with gladness"; and (2 Cor. 9:7): "Not with sadness or necessity: for
God loveth a cheerful giver"; whereupon the gloss says: "Whatever ye
do, do gladly; and then you will do it well; whereas if you do it
sorrowfully, it is done in thee, not by thee." Therefore the mode of
virtue falls under the precept of the law.
_On the contrary,_ No man can act as a virtuous man acts unless he
has the habit of virtue, as the Philosopher explains (Ethic. ii, 4;
v, 8). Now whoever transgresses a precept of the law, deserves to be
punished. Hence it would follow that a man who has not the habit of
virtue, would deserve to be punished, whatever he does. But this is
contrary to the intention of the law, which aims at leading man to
virtue, by habituating him to good works. Therefore the mode of
virtue does not fall under the precept.
_I answer that,_ As stated above (Q. 90, A. 3, ad 2), a precept of
law has compulsory power. Hence that on which the compulsion of the
law is brought to bear, falls directly under the precept of the law.
Now the law compels through fear of punishment, as stated in _Ethic._
x, 9, because that properly falls under the precept of the law, for
which the penalty of the law is inflicted. But Divine law and human
law are differently situated as to the appointment of penalties;
since the penalty of the law is inflicted only for those things which
come under the judgment of the lawgiver; for the law punishes in
accordance with the verdict given. Now man, the framer of human law,
is competent to judge only of outward acts; because "man seeth those
things that appear," according to 1 Kings 16:7: while God alone, the
framer of the Divine law, is competent to judge of the inward
movements of wills, according to Ps. 7:10: "The searcher of hearts
and reins is God."
Accordingly, therefore, we must say that the mode of virtue is in
some sort regarded both by human and by Divine law; in some respect
it is regarded by the Divine, but not by the human law; and in
another way, it is regarded neither by the human nor by the Divine
law. Now the mode of virtue consists in three things, as the
Philosopher states in _Ethic._ ii. The first is that man should act
"knowingly": and this is subject to the judgment of both Divine and
human law; because what a man does in ignorance, he does
accidentally. Hence according to both human and Divine law, certain
things are judged in respect of ignorance to be punishable or
pardonable.
The second point is that a man should act "deliberately," i.e. "from
choice, choosing that particular action for its own sake"; wherein a
twofold internal movement is implied, of volition and of intention,
about which we have spoken above (QQ. 8, 12): and concerning these
two, Divine law alone, and not human law, is competent to judge. For
human law does not punish the man who wishes to slay, and slays not:
whereas the Divine law does, according to Matt. 5:22: "Whosoever is
angry with his brother, shall be in danger of the judgment."
The third point is that he should "act from a firm and immovable
principle": which firmness belongs properly to a habit, and implies
that the action proceeds from a rooted habit. In this respect, the
mode of virtue does not fall under the precept either of Divine or of
human law, since neither by man nor by God is he punished as breaking
the law, who gives due honor to his parents and yet has not the habit
of filial piety.
Reply Obj. 1: The mode of doing acts of justice, which falls under
the precept, is that they be done in accordance with right; but not
that they be done from the habit of justice.
Reply Obj. 2: The intention of the lawgiver is twofold. His aim, in
the first place, is to lead men to something by the precepts of the
law: and this is virtue. Secondly, his intention is brought to bear
on the matter itself of the precept: and this is something leading or
disposing to virtue, viz. an act of virtue. For the end of the
precept and the matter of the precept are not the same: just as
neither in other things is the end the same as that which conduces to
the end.
Reply Obj. 3: That works of virtue should be done without sadness,
falls under the precept of the Divine law; for whoever works with
sadness works unwillingly. But to work with pleasure, i.e. joyfully
or cheerfully, in one respect falls under the precept, viz. in so far
as pleasure ensues from the love of God and one's neighbor (which
love falls under the precept), and love causes pleasure: and in
another respect does not fall under the precept, in so far as
pleasure ensues from a habit; for "pleasure taken in a work proves
the existence of a habit," as stated in _Ethic._ ii, 3. For an act
may give pleasure either on account of its end, or through its
proceeding from a becoming habit.
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