THIRD ARTICLE [II-II, Q. 57, Art. 3]

Whether the Right of Nations Is the Same As the Natural Right?

Objection 1: It would seem that the right of nations is the same as

the natural right. For all men do not agree save in that which is

natural to them. Now all men agree in the right of nations; since the

jurist [*Ulpian: Digest. i, 1; De Just. et Jure i] "the right of

nations is that which is in use among all nations." Therefore the

right of nations is the natural right.

Obj. 2: Further, slavery among men is natural, for some are naturally

slaves according to the Philosopher (Polit. i, 2). Now "slavery

belongs to the right of nations," as Isidore states (Etym. v, 4).

Therefore the right of nations is a natural right.

Obj. 3: Further, right as stated above (A. 2) is divided into natural

and positive. Now the right of nations is not a positive right, since

all nations never agreed to decree anything by common agreement.

Therefore the right of nations is a natural right.

_On the contrary,_ Isidore says (Etym. v, 4) that "right is either

natural, or civil, or right of nations," and consequently the right

of nations is distinct from natural right.

_I answer that,_ As stated above (A. 2), the natural right or just is

that which by its very nature is adjusted to or commensurate with

another person. Now this may happen in two ways; first, according as

it is considered absolutely: thus a male by [his] very nature is

commensurate with the female to beget offspring by her, and a parent

is commensurate with the offspring to nourish it. Secondly a thing is

naturally commensurate with another person, not according as it is

considered absolutely, but according to something resultant from it,

for instance the possession of property. For if a particular piece of

land be considered absolutely, it contains no reason why it should

belong to one man more than to another, but if it be considered in

respect of its adaptability to cultivation, and the unmolested use of

the land, it has a certain commensuration to be the property of one

and not of another man, as the Philosopher shows (Polit. ii, 2).

Now it belongs not only to man but also to other animals to apprehend

a thing absolutely: wherefore the right which we call natural, is

common to us and other animals according to the first kind of

commensuration. But the right of nations falls short of natural right

in this sense, as the jurist [*Digest. i, 1; De Just. et Jure i] says

because "the latter is common to all animals, while the former is

common to men only." On the other hand to consider a thing by

comparing it with what results from it, is proper to reason,

wherefore this same is natural to man in respect of natural reason

which dictates it. Hence the jurist Gaius says (Digest. i, 1; De

Just. et Jure i, 9): "whatever natural reason decrees among all men,

is observed by all equally, and is called the right of nations." This

suffices for the Reply to the First Objection.

Reply Obj. 2: Considered absolutely, the fact that this particular

man should be a slave rather than another man, is based, not on

natural reason, but on some resultant utility, in that it is useful

to this man to be ruled by a wiser man, and to the latter to be

helped by the former, as the Philosopher states (Polit. i, 2).

Wherefore slavery which belongs to the right of nations is natural in

the second way, but not in the first.

Reply Obj. 3: Since natural reason dictates matters which are

according to the right of nations, as implying a proximate equality,

it follows that they need no special institution, for they are

instituted by natural reason itself, as stated by the authority

quoted above.

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Summa Theologica, Part II-II (Secunda Secundae) Translated by Fathers of the English Dominican Province · 第 389 / 1128 题