Whether the Judicial Precepts Were Those Which Directed Man in
Relation to His Neighbor?
Objection 1: It would seem that the judicial precepts were not those
which directed man in his relations to his neighbor. For judicial
precepts take their name from _judgment._ But there are many things
that direct man as to his neighbor, which are not subordinate to
judgment. Therefore the judicial precepts were not those which
directed man in his relations to his neighbor.
Obj. 2: Further, the judicial precepts are distinct from the moral
precepts, as stated above (Q. 99, A. 4). But there are many moral
precepts which direct man as to his neighbor: as is evidently the
case with the seven precepts of the second table. Therefore the
judicial precepts are not so called from directing man as to his
neighbor.
Obj. 3: Further, as the ceremonial precepts relate to God, so do the
judicial precepts relate to one's neighbor, as stated above (Q. 99,
A. 4; Q. 101, A. 1). But among the ceremonial precepts there are some
which concern man himself, such as observances in matter of food and
apparel, of which we have already spoken (Q. 102, A. 6, ad 1, 6).
Therefore the judicial precepts are not so called from directing man
as to his neighbor.
_On the contrary,_ It is reckoned (Ezech. 18:8) among other works of
a good and just man, that "he hath executed true judgment between man
and man." But judicial precepts are so called from "judgment."
Therefore it seems that the judicial precepts were those which
directed the relations between man and man.
_I answer that,_ As is evident from what we have stated above (Q. 95,
A. 2; Q. 99, A. 4), in every law, some precepts derive their binding
force from the dictate of reason itself, because natural reason
dictates that something ought to be done or to be avoided. These are
called "moral" precepts: since human morals are based on reason. At
the same time there are other precepts which derive their binding
force, not from the very dictate of reason (because, considered in
themselves, they do not imply an obligation of something due or
undue); but from some institution, Divine or human: and such are
certain determinations of the moral precepts. When therefore the
moral precepts are fixed by Divine institution in matters relating to
man's subordination to God, they are called "ceremonial" precepts:
but when they refer to man's relations to other men, they are called
"judicial" precepts. Hence there are two conditions attached to the
judicial precepts: viz. first, that they refer to man's relations to
other men; secondly, that they derive their binding force not from
reason alone, but in virtue of their institution.
Reply Obj. 1: Judgments emanate through the official pronouncement of
certain men who are at the head of affairs, and in whom the judicial
power is vested. Now it belongs to those who are at the head of
affairs to regulate not only litigious matters, but also voluntary
contracts which are concluded between man and man, and whatever
matters concern the community at large and the government thereof.
Consequently the judicial precepts are not only those which concern
actions at law; but also all those that are directed to the ordering
of one man in relation to another, which ordering is subject to the
direction of the sovereign as supreme judge.
Reply Obj. 2: This argument holds in respect of those precepts which
direct man in his relations to his neighbor, and derive their binding
force from the mere dictate of reason.
Reply Obj. 3: Even in those precepts which direct us to God, some are
moral precepts, which the reason itself dictates when it is quickened
by faith; such as that God is to be loved and worshipped. There are
also ceremonial precepts, which have no binding force except in
virtue of their Divine institution. Now God is concerned not only
with the sacrifices that are offered to Him, but also with whatever
relates to the fitness of those who offer sacrifices to Him and
worship Him. Because men are ordained to God as to their end;
wherefore it concerns God and, consequently, is a matter of
ceremonial precept, that man should show some fitness for the divine
worship. On the other hand, man is not ordained to his neighbor as to
his end, so as to need to be disposed in himself with regard to his
neighbor, for such is the relationship of a slave to his master,
since a slave "is his master's in all that he is," as the Philosopher
says (Polit. i, 2). Hence there are no judicial precepts ordaining
man in himself; all such precepts are moral: because the reason,
which is the princip[le] in moral matters, holds the same position,
in man, with regard to things that concern him, as a prince or judge
holds in the state. Nevertheless we must take note that, since the
relations of man to his neighbor are more subject to reason than the
relations of man to God, there are more precepts whereby man is
directed in his relations to his neighbor, than whereby he is
directed to God. For the same reason there had to be more ceremonial
than judicial precepts in the Law.
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