(Benziger Bros. edition, 1947)

Translated by

Fathers of the English Dominican Province

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Because the chief aim of sacred doctrine is to teach the knowledge of God, not only as He is in Himself, but also as He is the beginning of things and their last end, and especially of rational creatures, as is clear from what has been already said, therefore, in our endeavor to expound this science, we shall treat: (1) Of God; (2) Of the rational creature's advance towards God; (3) Of Christ, Who as man, is our way to God.

In treating of God there will be a threefold division, for we shall consider: (1) Whatever concerns the Divine Essence; (2) Whatever concerns the distinctions of Persons; (3) Whatever concerns the procession of creatures from Him.

Concerning the Divine Essence, we must consider: (1) Whether God exists? (2) The manner of His existence, or, rather, what is NOT the manner of His existence; (3) Whatever concerns His operations---namely, His knowledge, will, power.

Concerning the first, there are three points of inquiry:

(1) Whether the proposition "God exists" is self-evident?

(2) Whether it is demonstrable?

(3) Whether God exists?

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Objection 1: It seems that the existence of God is self-evident. Now those things are said to be self-evident to us the knowledge of which is naturally implanted in us, as we can see in regard to first principles. But as Damascene says (De Fide Orth. i, 1,3), "the knowledge of God is naturally implanted in all." Therefore the existence of God is self-evident.

Objection 2: Further, those things are said to be self-evident which are known as soon as the terms are known, which the Philosopher (1 Poster. iii) says is true of the first principles of demonstration. Thus, when the nature of a whole and of a part is known, it is at once recognized that every whole is greater than its part. But as soon as the signification of the word "God" is understood, it is at once seen that God exists. For by this word is signified that thing than which nothing greater can be conceived. But that which exists actually and mentally is greater than that which exists only mentally. Therefore, since as soon as the word "God" is understood it exists mentally, it also follows that it exists actually. Therefore the proposition "God exists" is self-evident.

Objection 3: Further, the existence of truth is self-evident. For whoever denies the existence of truth grants that truth does not exist: and, if truth does not exist, then the proposition "Truth does not exist" is true: and if there is anything true, there must be truth. But God is truth itself: "I am the way, the truth, and the life" (Jn. 14:6) Therefore "God exists" is self-evident.

On the contrary, No one can mentally admit the opposite of what is self-evident; as the Philosopher (Metaph. iv, lect. vi) states concerning the first principles of demonstration. But the opposite of the proposition "God is" can be mentally admitted: "The fool said in his heart, There is no God" (Ps. 52:1). Therefore, that God exists is not self-evident.

I answer that, A thing can be self-evident in either of two ways: on the one hand, self-evident in itself, though not to us; on the other, self-evident in itself, and to us. A proposition is self-evident because the predicate is included in the essence of the subject, as "Man is an animal," for animal is contained in the essence of man. If, therefore the essence of the predicate and subject be known to all, the proposition will be self-evident to all; as is clear with regard to the first principles of demonstration, the terms of which are common things that no one is ignorant of, such as being and non-being, whole and part, and such like. If, however, there are some to whom the essence of the predicate and subject is unknown, the proposition will be self-evident in itself, but not to those who do not know the meaning of the predicate and subject of the proposition. Therefore, it happens, as Boethius says (Hebdom., the title of which is: "Whether all that is, is good"), "that there are some mental concepts self-evident only to the learned, as that incorporeal substances are not in space." Therefore I say that this proposition, "God exists," of itself is self-evident, for the predicate is the same as the subject, because God is His own existence as will be hereafter shown (Question [3], Article [4]). Now because we do not know the essence of God, the proposition is not self-evident to us; but needs to be demonstrated by things that are more known to us, though less known in their nature---namely, by effects.

Reply to Objection 1: To know that God exists in a general and confused way is implanted in us by nature, inasmuch as God is man's beatitude. For man naturally desires happiness, and what is naturally desired by man must be naturally known to him. This, however, is not to know absolutely that God exists; just as to know that someone is approaching is not the same as to know that Peter is approaching, even though it is Peter who is approaching; for many there are who imagine that man's perfect good which is happiness, consists in riches, and others in pleasures, and others in something else.

Reply to Objection 2: Perhaps not everyone who hears this word "God" understands it to signify something than which nothing greater can be thought, seeing that some have believed God to be a body. Yet, granted that everyone understands that by this word "God" is signified something than which nothing greater can be thought, nevertheless, it does not therefore follow that he understands that what the word signifies exists actually, but only that it exists mentally. Nor can it be argued that it actually exists, unless it be admitted that there actually exists something than which nothing greater can be thought; and this precisely is not admitted by those who hold that God does not exist.

Reply to Objection 3: The existence of truth in general is self-evident but the existence of a Primal Truth is not self-evident to us.

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Objection 1: It seems that the existence of God cannot be demonstrated. For it is an article of faith that God exists. But what is of faith cannot be demonstrated, because a demonstration produces scientific knowledge; whereas faith is of the unseen (Heb. 11:1). Therefore it cannot be demonstrated that God exists.

Objection 2: Further, the essence is the middle term of demonstration. But we cannot know in what God's essence consists, but solely in what it does not consist; as Damascene says (De Fide Orth. i, 4). Therefore we cannot demonstrate that God exists.

Objection 3: Further, if the existence of God were demonstrated, this could only be from His effects. But His effects are not proportionate to Him, since He is infinite and His effects are finite; and between the finite and infinite there is no proportion. Therefore, since a cause cannot be demonstrated by an effect not proportionate to it, it seems that the existence of God cannot be demonstrated.

On the contrary, The Apostle says: "The invisible things of Him are clearly seen, being understood by the things that are made" (Rm. 1:20). But this would not be unless the existence of God could be demonstrated through the things that are made; for the first thing we must know of anything is whether it exists.

I answer that, Demonstration can be made in two ways: One is through the cause, and is called "a priori," and this is to argue from what is prior absolutely. The other is through the effect, and is called a demonstration "a posteriori"; this is to argue from what is prior relatively only to us. When an effect is better known to us than its cause, from the effect we proceed to the knowledge of the cause. And from every effect the existence of its proper cause can be demonstrated, so long as its effects are better known to us; because since every effect depends upon its cause, if the effect exists, the cause must pre-exist. Hence the existence of God, in so far as it is not self-evident to us, can be demonstrated from those of His effects which are known to us.

Reply to Objection 1: The existence of God and other like truths about God, which can be known by natural reason, are not articles of faith, but are preambles to the articles; for faith presupposes natural knowledge, even as grace presupposes nature, and perfection supposes something that can be perfected. Nevertheless, there is nothing to prevent a man, who cannot grasp a proof, accepting, as a matter of faith, something which in itself is capable of being scientifically known and demonstrated.

Reply to Objection 2: When the existence of a cause is demonstrated from an effect, this effect takes the place of the definition of the cause in proof of the cause's existence. This is especially the case in regard to God, because, in order to prove the existence of anything, it is necessary to accept as a middle term the meaning of the word, and not its essence, for the question of its essence follows on the question of its existence. Now the names given to God are derived from His effects; consequently, in demonstrating the existence of God from His effects, we may take for the middle term the meaning of the word "God".

Reply to Objection 3: From effects not proportionate to the cause no perfect knowledge of that cause can be obtained. Yet from every effect the existence of the cause can be clearly demonstrated, and so we can demonstrate the existence of God from His effects; though from them we cannot perfectly know God as He is in His essence.

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Objection 1: It seems that God does not exist; because if one of two contraries be infinite, the other would be altogether destroyed. But the word "God" means that He is infinite goodness. If, therefore, God existed, there would be no evil discoverable; but there is evil in the world. Therefore God does not exist.

Objection 2: Further, it is superfluous to suppose that what can be accounted for by a few principles has been produced by many. But it seems that everything we see in the world can be accounted for by other principles, supposing God did not exist. For all natural things can be reduced to one principle which is nature; and all voluntary things can be reduced to one principle which is human reason, or will. Therefore there is no need to suppose God's existence.

On the contrary, It is said in the person of God: "I am Who am." (Ex. 3:14)

I answer that, The existence of God can be proved in five ways.

The first and more manifest way is the argument from motion. It is certain, and evident to our senses, that in the world some things are in motion. Now whatever is in motion is put in motion by another, for nothing can be in motion except it is in potentiality to that towards which it is in motion; whereas a thing moves inasmuch as it is in act. For motion is nothing else than the reduction of something from potentiality to actuality. But nothing can be reduced from potentiality to actuality, except by something in a state of actuality. Thus that which is actually hot, as fire, makes wood, which is potentially hot, to be actually hot, and thereby moves and changes it. Now it is not possible that the same thing should be at once in actuality and potentiality in the same respect, but only in different respects. For what is actually hot cannot simultaneously be potentially hot; but it is simultaneously potentially cold. It is therefore impossible that in the same respect and in the same way a thing should be both mover and moved, i.e. that it should move itself. Therefore, whatever is in motion must be put in motion by another. If that by which it is put in motion be itself put in motion, then this also must needs be put in motion by another, and that by another again. But this cannot go on to infinity, because then there would be no first mover, and, consequently, no other mover; seeing that subsequent movers move only inasmuch as they are put in motion by the first mover; as the staff moves only because it is put in motion by the hand. Therefore it is necessary to arrive at a first mover, put in motion by no other; and this everyone understands to be God.

The second way is from the nature of the efficient cause. In the world of sense we find there is an order of efficient causes. There is no case known (neither is it, indeed, possible) in which a thing is found to be the efficient cause of itself; for so it would be prior to itself, which is impossible. Now in efficient causes it is not possible to go on to infinity, because in all efficient causes following in order, the first is the cause of the intermediate cause, and the intermediate is the cause of the ultimate cause, whether the intermediate cause be several, or only one. Now to take away the cause is to take away the effect. Therefore, if there be no first cause among efficient causes, there will be no ultimate, nor any intermediate cause. But if in efficient causes it is possible to go on to infinity, there will be no first efficient cause, neither will there be an ultimate effect, nor any intermediate efficient causes; all of which is plainly false. Therefore it is necessary to admit a first efficient cause, to which everyone gives the name of God.

The third way is taken from possibility and necessity, and runs thus. We find in nature things that are possible to be and not to be, since they are found to be generated, and to corrupt, and consequently, they are possible to be and not to be. But it is impossible for these always to exist, for that which is possible not to be at some time is not. Therefore, if everything is possible not to be, then at one time there could have been nothing in existence. Now if this were true, even now there would be nothing in existence, because that which does not exist only begins to exist by something already existing. Therefore, if at one time nothing was in existence, it would have been impossible for anything to have begun to exist; and thus even now nothing would be in existence---which is absurd. Therefore, not all beings are merely possible, but there must exist something the existence of which is necessary. But every necessary thing either has its necessity caused by another, or not. Now it is impossible to go on to infinity in necessary things which have their necessity caused by another, as has been already proved in regard to efficient causes. Therefore we cannot but postulate the existence of some being having of itself its own necessity, and not receiving it from another, but rather causing in others their necessity. This all men speak of as God.

The fourth way is taken from the gradation to be found in things. Among beings there are some more and some less good, true, noble and the like. But "more" and "less" are predicated of different things, according as they resemble in their different ways something which is the maximum, as a thing is said to be hotter according as it more nearly resembles that which is hottest; so that there is something which is truest, something best, something noblest and, consequently, something which is uttermost being; for those things that are greatest in truth are greatest in being, as it is written in Metaph. ii. Now the maximum in any genus is the cause of all in that genus; as fire, which is the maximum heat, is the cause of all hot things. Therefore there must also be something which is to all beings the cause of their being, goodness, and every other perfection; and this we call God.

The fifth way is taken from the governance of the world. We see that things which lack intelligence, such as natural bodies, act for an end, and this is evident from their acting always, or nearly always, in the same way, so as to obtain the best result. Hence it is plain that not fortuitously, but designedly, do they achieve their end. Now whatever lacks intelligence cannot move towards an end, unless it be directed by some being endowed with knowledge and intelligence; as the arrow is shot to its mark by the archer. Therefore some intelligent being exists by whom all natural things are directed to their end; and this being we call God.

Reply to Objection 1: As Augustine says (Enchiridion xi): "Since God is the highest good, He would not allow any evil to exist in His works, unless His omnipotence and goodness were such as to bring good even out of evil." This is part of the infinite goodness of God, that He should allow evil to exist, and out of it produce good.

Reply to Objection 2: Since nature works for a determinate end under the direction of a higher agent, whatever is done by nature must needs be traced back to God, as to its first cause. So also whatever is done voluntarily must also be traced back to some higher cause other than human reason or will, since these can change or fail; for all things that are changeable and capable of defect must be traced back to an immovable and self-necessary first principle, as was shown in the body of the Article.

This document (last modified January 11, 1998) from the Christian Classics Ethereal Library server, at Wheaton College

(Benziger Bros. edition, 1947)

Translated by

Fathers of the English Dominican Province

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Question: 3 [<< | >>]

When the existence of a thing has been ascertained there remains the further question of the manner of its existence, in order that we may know its essence. Now, because we cannot know what God is, but rather what He is not, we have no means for considering how God is, but rather how He is not.

Therefore, we must consider: (1) How He is not; (2) How He is known by us; (3) How He is named.

Now it can be shown how God is not, by denying Him whatever is opposed to the idea of Him, viz. composition, motion, and the like. Therefore (1) we must discuss His simplicity, whereby we deny composition in Him; and because whatever is simple in material things is imperfect and a part of something else, we shall discuss (2) His perfection; (3) His infinity; (4) His immutability; (5) His unity.

Concerning His simplicity, there are eight points of inquiry:

(1) Whether God is a body?

(2) Whether He is composed of matter and form?

(3) Whether in Him there is composition of quiddity, essence or nature, and subject?

(4) Whether He is composed of essence and existence?

(5) Whether He is composed of genus and difference?

(6) Whether He is composed of subject and accident?

(7) Whether He is in any way composite, or wholly simple?

(8) Whether He enters into composition with other things?

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Question: 3 [<< | >>]

Article: 1 [<< | >>]

Objection 1: It seems that God is a body. For a body is that which has the three dimensions. But Holy Scripture attributes the three dimensions to God, for it is written: "He is higher than Heaven, and what wilt thou do? He is deeper than Hell, and how wilt thou know? The measure of Him is longer than the earth and broader than the sea" (Job 11:8,9). Therefore God is a body.

Objection 2: Further, everything that has figure is a body, since figure is a quality of quantity. But God seems to have figure, for it is written: "Let us make man to our image and likeness" (Gn. 1:26). Now a figure is called an image, according to the text: "Who being the brightness of His glory and the figure," i.e. the image, "of His substance" (Heb. 1:3). Therefore God is a body.

Objection 3: Further, whatever has corporeal parts is a body. Now Scripture attributes corporeal parts to God. "Hast thou an arm like God?" (Job 40:4); and "The eyes of the Lord are upon the just" (Ps. 33:16); and "The right hand of the Lord hath wrought strength" (Ps. 117:16). Therefore God is a body.

Objection 4: Further, posture belongs only to bodies. But something which supposes posture is said of God in the Scriptures: "I saw the Lord sitting" (Is. 6:1), and "He standeth up to judge" (Is. 3:13). Therefore God is a body.

Objection 5: Further, only bodies or things corporeal can be a local term "wherefrom" or "whereto." But in the Scriptures God is spoken of as a local term "whereto," according to the words, "Come ye to Him and be enlightened" (Ps. 33:6), and as a term "wherefrom": "All they that depart from Thee shall be written in the earth" (Jer. 17:13). Therefore God is a body.

On the contrary, It is written in the Gospel of St. John (Jn. 4:24): "God is a spirit."

I answer that, It is absolutely true that God is not a body; and this can be shown in three ways. First, because no body is in motion unless it be put in motion, as is evident from induction. Now it has been already proved (Question [2], Article [3]), that God is the First Mover, and is Himself unmoved. Therefore it is clear that God is not a body. Secondly, because the first being must of necessity be in act, and in no way in potentiality. For although in any single thing that passes from potentiality to actuality, the potentiality is prior in time to the actuality; nevertheless, absolutely speaking, actuality is prior to potentiality; for whatever is in potentiality can be reduced into actuality only by some being in actuality. Now it has been already proved that God is the First Being. It is therefore impossible that in God there should be any potentiality. But every body is in potentiality because the continuous, as such, is divisible to infinity; it is therefore impossible that God should be a body. Thirdly, because God is the most noble of beings. Now it is impossible for a body to be the most noble of beings; for a body must be either animate or inanimate; and an animate body is manifestly nobler than any inanimate body. But an animate body is not animate precisely as body; otherwise all bodies would be animate. Therefore its animation depends upon some other thing, as our body depends for its animation on the soul. Hence that by which a body becomes animated must be nobler than the body. Therefore it is impossible that God should be a body.

Reply to Objection 1: As we have said above (Question [1], Article [9]), Holy Writ puts before us spiritual and divine things under the comparison of corporeal things. Hence, when it attributes to God the three dimensions under the comparison of corporeal quantity, it implies His virtual quantity; thus, by depth, it signifies His power of knowing hidden things; by height, the transcendence of His excelling power; by length, the duration of His existence; by breadth, His act of love for all. Or, as says Dionysius (Div. Nom. ix), by the depth of God is meant the incomprehensibility of His essence; by length, the procession of His all-pervading power; by breadth, His overspreading all things, inasmuch as all things lie under His protection.

Reply to Objection 2: Man is said to be after the image of God, not as regards his body, but as regards that whereby he excels other animals. Hence, when it is said, "Let us make man to our image and likeness", it is added, "And let him have dominion over the fishes of the sea" (Gn. 1:26). Now man excels all animals by his reason and intelligence; hence it is according to his intelligence and reason, which are incorporeal, that man is said to be according to the image of God.

Reply to Objection 3: Corporeal parts are attributed to God in Scripture on account of His actions, and this is owing to a certain parallel. For instance the act of the eye is to see; hence the eye attributed to God signifies His power of seeing intellectually, not sensibly; and so on with the other parts.

Reply to Objection 4: Whatever pertains to posture, also, is only attributed to God by some sort of parallel. He is spoken of as sitting, on account of His unchangeableness and dominion; and as standing, on account of His power of overcoming whatever withstands Him.

Reply to Objection 5: We draw near to God by no corporeal steps, since He is everywhere, but by the affections of our soul, and by the actions of that same soul do we withdraw from Him; thus, to draw near to or to withdraw signifies merely spiritual actions based on the metaphor of local motion.

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Article: 2 [<< | >>]

Objection 1: It seems that God is composed of matter and form. For whatever has a soul is composed of matter and form; since the soul is the form of the body. But Scripture attributes a soul to God; for it is mentioned in Hebrews (Heb. 10:38), where God says: "But My just man liveth by faith; but if he withdraw himself, he shall not please My soul." Therefore God is composed of matter and form.

Objection 2: Further, anger, joy and the like are passions of the composite. But these are attributed to God in Scripture: "The Lord was exceeding angry with His people" (Ps. 105:40). Therefore God is composed of matter and form.

Objection 3: Further, matter is the principle of individualization. But God seems to be individual, for He cannot be predicated of many. Therefore He is composed of matter and form.

On the contrary, Whatever is composed of matter and form is a body; for dimensive quantity is the first property of matter. But God is not a body as proved in the preceding Article; therefore He is not composed of matter and form.

I answer that, It is impossible that matter should exist in God. First, because matter is in potentiality. But we have shown (Question [2], Article [3]) that God is pure act, without any potentiality. Hence it is impossible that God should be composed of matter and form. Secondly, because everything composed of matter and form owes its perfection and goodness to its form; therefore its goodness is participated, inasmuch as matter participates the form. Now the first good and the best---viz. God---is not a participated good, because the essential good is prior to the participated good. Hence it is impossible that God should be composed of matter and form. Thirdly, because every agent acts by its form; hence the manner in which it has its form is the manner in which it is an agent. Therefore whatever is primarily and essentially an agent must be primarily and essentially form. Now God is the first agent, since He is the first efficient cause. He is therefore of His essence a form; and not composed of matter and form.

Reply to Objection 1: A soul is attributed to God because His acts resemble the acts of a soul; for, that we will anything, is due to our soul. Hence what is pleasing to His will is said to be pleasing to His soul.

Reply to Objection 2: Anger and the like are attributed to God on account of a similitude of effect. Thus, because to punish is properly the act of an angry man, God's punishment is metaphorically spoken of as His anger.

Reply to Objection 3: Forms which can be received in matter are individualized by matter, which cannot be in another as in a subject since it is the first underlying subject; although form of itself, unless something else prevents it, can be received by many. But that form which cannot be received in matter, but is self-subsisting, is individualized precisely because it cannot be received in a subject; and such a form is God. Hence it does not follow that matter exists in God.

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Article: 3 [<< | >>]

Objection 1: It seems that God is not the same as His essence or nature. For nothing can be in itself. But the substance or nature of God---i.e. the Godhead---is said to be in God. Therefore it seems that God is not the same as His essence or nature.

Objection 2: Further, the effect is assimilated to its cause; for every agent produces its like. But in created things the "suppositum" is not identical with its nature; for a man is not the same as his humanity. Therefore God is not the same as His Godhead.

On the contrary, It is said of God that He is life itself, and not only that He is a living thing: "I am the way, the truth, and the life" (Jn. 14:6). Now the relation between Godhead and God is the same as the relation between life and a living thing. Therefore God is His very Godhead.

I answer that, God is the same as His essence or nature. To understand this, it must be noted that in things composed of matter and form, the nature or essence must differ from the "suppositum," because the essence or nature connotes only what is included in the definition of the species; as, humanity connotes all that is included in the definition of man, for it is by this that man is man, and it is this that humanity signifies, that, namely, whereby man is man. Now individual matter, with all the individualizing accidents, is not included in the definition of the species. For this particular flesh, these bones, this blackness or whiteness, etc., are not included in the definition of a man. Therefore this flesh, these bones, and the accidental qualities distinguishing this particular matter, are not included in humanity; and yet they are included in the thing which is man. Hence the thing which is a man has something more in it than has humanity. Consequently humanity and a man are not wholly identical; but humanity is taken to mean the formal part of a man, because the principles whereby a thing is defined are regarded as the formal constituent in regard to the individualizing matter. On the other hand, in things not composed of matter and form, in which individualization is not due to individual matter---that is to say, to "this" matter---the very forms being individualized of themselves---it is necessary the forms themselves should be subsisting "supposita." Therefore "suppositum" and nature in them are identified. Since God then is not composed of matter and form, He must be His own Godhead, His own Life, and whatever else is thus predicated of Him.

Reply to Objection 1: We can speak of simple things only as though they were like the composite things from which we derive our knowledge. Therefore in speaking of God, we use concrete nouns to signify His subsistence, because with us only those things subsist which are composite; and we use abstract nouns to signify His simplicity. In saying therefore that Godhead, or life, or the like are in God, we indicate the composite way in which our intellect understands, but not that there is any composition in God.

Reply to Objection 2: The effects of God do not imitate Him perfectly, but only as far as they are able; and the imitation is here defective, precisely because what is simple and one, can only be represented by divers things; consequently, composition is accidental to them, and therefore, in them "suppositum" is not the same as nature.

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Question: 3 [<< | >>]

Article: 4 [<< | >>]

Objection 1: It seems that essence and existence are not the same in God. For if it be so, then the divine being has nothing added to it. Now being to which no addition is made is universal being which is predicated of all things. Therefore it follows that God is being in general which can be predicated of everything. But this is false: "For men gave the incommunicable name to stones and wood" (Wis. 14:21). Therefore God's existence is not His essence.

Objection 2: Further, we can know "whether" God exists as said above (Question [2], Article [2]); but we cannot know "what" He is. Therefore God's existence is not the same as His essence---that is, as His quiddity or nature.

On the contrary, Hilary says (Trin. vii): "In God existence is not an accidental quality, but subsisting truth." Therefore what subsists in God is His existence.

I answer that, God is not only His own essence, as shown in the preceding article, but also His own existence. This may be shown in several ways. First, whatever a thing has besides its essence must be caused either by the constituent principles of that essence (like a property that necessarily accompanies the species---as the faculty of laughing is proper to a man---and is caused by the constituent principles of the species), or by some exterior agent---as heat is caused in water by fire. Therefore, if the existence of a thing differs from its essence, this existence must be caused either by some exterior agent or by its essential principles. Now it is impossible for a thing's existence to be caused by its essential constituent principles, for nothing can be the sufficient cause of its own existence, if its existence is caused. Therefore that thing, whose existence differs from its essence, must have its existence caused by another. But this cannot be true of God; because we call God the first efficient cause. Therefore it is impossible that in God His existence should differ from His essence. Secondly, existence is that which makes every form or nature actual; for goodness and humanity are spoken of as actual, only because they are spoken of as existing. Therefore existence must be compared to essence, if the latter is a distinct reality, as actuality to potentiality. Therefore, since in God there is no potentiality, as shown above (Article [1]), it follows that in Him essence does not differ from existence. Therefore His essence is His existence. Thirdly, because, just as that which has fire, but is not itself fire, is on fire by participation; so that which has existence but is not existence, is a being by participation. But God is His own essence, as shown above (Article [3]) if, therefore, He is not His own existence He will be not essential, but participated being. He will not therefore be the first being---which is absurd. Therefore God is His own existence, and not merely His own essence.

Reply to Objection 1: A thing that has nothing added to it can be of two kinds. Either its essence precludes any addition; thus, for example, it is of the essence of an irrational animal to be without reason. Or we may understand a thing to have nothing added to it, inasmuch as its essence does not require that anything should be added to it; thus the genus animal is without reason, because it is not of the essence of animal in general to have reason; but neither is it to lack reason. And so the divine being has nothing added to it in the first sense; whereas universal being has nothing added to it in the second sense.

Reply to Objection 2: "To be" can mean either of two things. It may mean the act of essence, or it may mean the composition of a proposition effected by the mind in joining a predicate to a subject. Taking "to be" in the first sense, we cannot understand God's existence nor His essence; but only in the second sense. We know that this proposition which we form about God when we say "God is," is true; and this we know from His effects (Question [2], Article [2]).

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Question: 3 [<< | >>]

Article: 5 [<< | >>]

Objection 1: It seems that God is contained in a genus. For a substance is a being that subsists of itself. But this is especially true of God. Therefore God is in a genus of substance.

Objection 2: Further, nothing can be measured save by something of its own genus; as length is measured by length and numbers by number. But God is the measure of all substances, as the Commentator shows (Metaph. x). Therefore God is in the genus of substance.

On the contrary, In the mind, genus is prior to what it contains. But nothing is prior to God either really or mentally. Therefore God is not in any genus.

I answer that, A thing can be in a genus in two ways; either absolutely and properly, as a species contained under a genus; or as being reducible to it, as principles and privations. For example, a point and unity are reduced to the genus of quantity, as its principles; while blindness and all other privations are reduced to the genus of habit. But in neither way is God in a genus. That He cannot be a species of any genus may be shown in three ways. First, because a species is constituted of genus and difference. Now that from which the difference constituting the species is derived, is always related to that from which the genus is derived, as actuality is related to potentiality. For animal is derived from sensitive nature, by concretion as it were, for that is animal, which has a sensitive nature. Rational being, on the other hand, is derived from intellectual nature, because that is rational, which has an intellectual nature, and intelligence is compared to sense, as actuality is to potentiality. The same argument holds good in other things. Hence since in God actuality is not added to potentiality, it is impossible that He should be in any genus as a species. Secondly, since the existence of God is His essence, if God were in any genus, He would be the genus "being", because, since genus is predicated as an essential it refers to the essence of a thing. But the Philosopher has shown (Metaph. iii) that being cannot be a genus, for every genus has differences distinct from its generic essence. Now no difference can exist distinct from being; for non-being cannot be a difference. It follows then that God is not in a genus. Thirdly, because all in one genus agree in the quiddity or essence of the genus which is predicated of them as an essential, but they differ in their existence. For the existence of man and of horse is not the same; as also of this man and that man: thus in every member of a genus, existence and quiddity---i.e. essence---must differ. But in God they do not differ, as shown in the preceding article. Therefore it is plain that God is not in a genus as if He were a species. From this it is also plain that He has no genus nor difference, nor can there be any definition of Him; nor, save through His effects, a demonstration of Him: for a definition is from genus and difference; and the mean of a demonstration is a definition. That God is not in a genus, as reducible to it as its principle, is clear from this, that a principle reducible to any genus does not extend beyond that genus; as, a point is the principle of continuous quantity alone; and unity, of discontinuous quantity. But God is the principle of all being. Therefore He is not contained in any genus as its principle.

Reply to Objection 1: The word substance signifies not only what exists of itself---for existence cannot of itself be a genus, as shown in the body of the article; but, it also signifies an essence that has the property of existing in this way---namely, of existing of itself; this existence, however, is not its essence. Thus it is clear that God is not in the genus of substance.

Reply to Objection 2: This objection turns upon proportionate measure which must be homogeneous with what is measured. Now, God is not a measure proportionate to anything. Still, He is called the measure of all things, in the sense that everything has being only according as it resembles Him.

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First Part [<< | >>]

Question: 3 [<< | >>]

Article: 6 [<< | >>]

Objection 1: It seems that there are accidents in God. For substance cannot be an accident, as Aristotle says (Phys. i). Therefore that which is an accident in one, cannot, in another, be a substance. Thus it is proved that heat cannot be the substantial form of fire, because it is an accident in other things. But wisdom, virtue, and the like, which are accidents in us, are attributes of God. Therefore in God there are accidents.

Objection 2: Further, in every genus there is a first principle. But there are many "genera" of accidents. If, therefore, the primal members of these genera are not in God, there will be many primal beings other than God---which is absurd.

On the contrary, Every accident is in a subject. But God cannot be a subject, for "no simple form can be a subject", as Boethius says (De Trin.). Therefore in God there cannot be any accident.

I answer that, From all we have said, it is clear there can be no accident in God. First, because a subject is compared to its accidents as potentiality to actuality; for a subject is in some sense made actual by its accidents. But there can be no potentiality in God, as was shown (Question [2], Article [3]). Secondly, because God is His own existence; and as Boethius says (Hebdom.), although every essence may have something superadded to it, this cannot apply to absolute being: thus a heated substance can have something extraneous to heat added to it, as whiteness, nevertheless absolute heat can have nothing else than heat. Thirdly, because what is essential is prior to what is accidental. Whence as God is absolute primal being, there can be in Him nothing accidental. Neither can He have any essential accidents (as the capability of laughing is an essential accident of man), because such accidents are caused by the constituent principles of the subject. Now there can be nothing caused in God, since He is the first cause. Hence it follows that there is no accident in God.

Reply to Objection 1: Virtue and wisdom are not predicated of God and of us univocally. Hence it does not follow that there are accidents in God as there are in us.

Reply to Objection 2: Since substance is prior to its accidents, the principles of accidents are reducible to the principles of the substance as to that which is prior; although God is not first as if contained in the genus of substance; yet He is first in respect to all being, outside of every genus.

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First Part [<< | >>]

Question: 3 [<< | >>]

Article: 7 [<< | >>]

Objection 1: It seems that God is not altogether simple. For whatever is from God must imitate Him. Thus from the first being are all beings; and from the first good is all good. But in the things which God has made, nothing is altogether simple. Therefore neither is God altogether simple.

Objection 2: Further, whatever is best must be attributed to God. But with us that which is composite is better than that which is simple; thus, chemical compounds are better than simple elements, and animals than the parts that compose them. Therefore it cannot be said that God is altogether simple.

On the contrary, Augustine says (De Trin. iv, 6,7): "God is truly and absolutely simple."

I answer that, The absolute simplicity of God may be shown in many ways. First, from the previous articles of this question. For there is neither composition of quantitative parts in God, since He is not a body; nor composition of matter and form; nor does His nature differ from His "suppositum"; nor His essence from His existence; neither is there in Him composition of genus and difference, nor of subject and accident. Therefore, it is clear that God is nowise composite, but is altogether simple. Secondly, because every composite is posterior to its component parts, and is dependent on them; but God is the first being, as shown above (Question [2], Article [3]). Thirdly, because every composite has a cause, for things in themselves different cannot unite unless something causes them to unite. But God is uncaused, as shown above (Question [2], Article [3]), since He is the first efficient cause. Fourthly, because in every composite there must be potentiality and actuality; but this does not apply to God; for either one of the parts actuates another, or at least all the parts are potential to the whole. Fifthly, because nothing composite can be predicated of any single one of its parts. And this is evident in a whole made up of dissimilar parts; for no part of a man is a man, nor any of the parts of the foot, a foot. But in wholes made up of similar parts, although something which is predicated of the whole may be predicated of a part (as a part of the air is air, and a part of water, water), nevertheless certain things are predicable of the whole which cannot be predicated of any of the parts; for instance, if the whole volume of water is two cubits, no part of it can be two cubits. Thus in every composite there is something which is not it itself. But, even if this could be said of whatever has a form, viz. that it has something which is not it itself, as in a white object there is something which does not belong to the essence of white; nevertheless in the form itself, there is nothing besides itself. And so, since God is absolute form, or rather absolute being, He can be in no way composite. Hilary implies this argument, when he says (De Trin. vii): "God, Who is strength, is not made up of things that are weak; nor is He Who is light, composed of things that are dim."

Reply to Objection 1: Whatever is from God imitates Him, as caused things imitate the first cause. But it is of the essence of a thing to be in some sort composite; because at least its existence differs from its essence, as will be shown hereafter, (Question [4], Article [3]).

Reply to Objection 2: With us composite things are better than simple things, because the perfections of created goodness cannot be found in one simple thing, but in many things. But the perfection of divine goodness is found in one simple thing (Question [4], Article [1] and Question [6], Article [2]).

Index [<< | >>]

First Part [<< | >>]

Question: 3 [<< | >>]

Article: 8 [<< | >>]

Objection 1: It seems that God enters into the composition of other things, for Dionysius says (Coel. Hier. iv): "The being of all things is that which is above being---the Godhead." But the being of all things enters into the composition of everything. Therefore God enters into the composition of other things.

Objection 2: Further, God is a form; for Augustine says (De Verb. Dom., [*Serm. xxxviii]) that, "the word of God, which is God, is an uncreated form." But a form is part of a compound. Therefore God is part of some compound.

Objection 3: Further, whatever things exist, in no way differing from each other, are the same. But God and primary matter exist, and in no way differ from each other. Therefore they are absolutely the same. But primary matter enters into the composition things. Therefore also does God. Proof of the minor---whatever things differ, they differ by some differences, and therefore must be composite. But God and primary matter are altogether simple. Therefore they nowise differ from each other.

On the contrary, Dionysius says (Div. Nom. ii): "There can be no touching Him," i.e. God, "nor any other union with Him by mingling part with part."

Further, the first cause rules all things without commingling with them, as the Philosopher says (De Causis).

I answer that, On this point there have been three errors. Some have affirmed that God is the world-soul, as is clear from Augustine (De Civ. Dei vii, 6). This is practically the same as the opinion of those who assert that God is the soul of the highest heaven. Again, others have said that God is the formal principle of all things; and this was the theory of the Almaricians. The third error is that of David of Dinant, who most absurdly taught that God was primary matter. Now all these contain manifest untruth; since it is not possible for God to enter into the composition of anything, either as a formal or a material principle. First, because God is the first efficient cause. Now the efficient cause is not identical numerically with the form of the thing caused, but only specifically: for man begets man. But primary matter can be neither numerically nor specifically identical with an efficient cause; for the former is merely potential, while the latter is actual. Secondly, because, since God is the first efficient cause, to act belongs to Him primarily and essentially. But that which enters into composition with anything does not act primarily and essentially, but rather the composite so acts; for the hand does not act, but the man by his hand; and, fire warms by its heat. Hence God cannot be part of a compound. Thirdly, because no part of a compound can be absolutely primal among beings---not even matter, nor form, though they are the primal parts of every compound. For matter is merely potential; and potentiality is absolutely posterior to actuality, as is clear from the foregoing (Question [3], Article [1]): while a form which is part of a compound is a participated form; and as that which participates is posterior to that which is essential, so likewise is that which is participated; as fire in ignited objects is posterior to fire that is essentially such. Now it has been proved that God is absolutely primal being (Question [2], Article [3]).

Reply to Objection 1: The Godhead is called the being of all things, as their efficient and exemplar cause, but not as being their essence.

Reply to Objection 2: The Word is an exemplar form; but not a form that is part of a compound.

Reply to Objection 3: Simple things do not differ by added differences---for this is the property of compounds. Thus man and horse differ by their differences, rational and irrational; which differences, however, do not differ from each other by other differences. Hence, to be quite accurate, it is better to say that they are, not different, but diverse. Hence, according to the Philosopher (Metaph. x), "things which are diverse are absolutely distinct, but things which are different differ by something." Therefore, strictly speaking, primary matter and God do not differ, but are by their very being, diverse. Hence it does not follow they are the same.

This document (last modified January 11, 1998) from the Christian Classics Ethereal Library server, at Wheaton College

(Benziger Bros. edition, 1947)

Translated by

Fathers of the English Dominican Province

Index [<< | >>]

First Part [<< | >>]

Question: 13 [<< | >>]

After the consideration of those things which belong to the divine knowledge, we now proceed to the consideration of the divine names. For everything is named by us according to our knowledge of it.

Under this head, there are twelve points for inquiry:

(1) Whether God can be named by us?

(2) Whether any names applied to God are predicated of Him substantially?

(3) Whether any names applied to God are said of Him literally, or are all to be taken metaphorically?

(4) Whether any names applied to God are synonymous?

(5) Whether some names are applied to God and to creatures univocally or equivocally?

(6) Whether, supposing they are applied analogically, they are applied first to God or to creatures?

(7) Whether any names are applicable to God from time?

(8) Whether this name "God" is a name of nature, or of the operation?

(9) Whether this name "God" is a communicable name?

(10) Whether it is taken univocally or equivocally as signifying God, by nature, by participation, and by opinion?

(11) Whether this name, "Who is," is the supremely appropriate name of God?

(12) Whether affirmative propositions can be formed about God?

Index [<< | >>]

First Part [<< | >>]

Question: 13 [<< | >>]

Article: 1 [<< | >>]

Objection 1: It seems that no name can be given to God. For Dionysius says (Div. Nom. i) that, "Of Him there is neither name, nor can one be found of Him;" and it is written: "What is His name, and what is the name of His Son, if thou knowest?" (Prov. 30:4).

Objection 2: Further, every name is either abstract or concrete. But concrete names do not belong to God, since He is simple, nor do abstract names belong to Him, forasmuch as they do not signify any perfect subsisting thing. Therefore no name can be said of God.

Objection 3: Further, nouns are taken to signify substance with quality; verbs and participles signify substance with time; pronouns the same with demonstration or relation. But none of these can be applied to God, for He has no quality, nor accident, nor time; moreover, He cannot be felt, so as to be pointed out; nor can He be described by relation, inasmuch as relations serve to recall a thing mentioned before by nouns, participles, or demonstrative pronouns. Therefore God cannot in any way be named by us.

On the contrary, It is written (Ex. 15:3): "The Lord is a man of war, Almighty is His name."

I answer that, Since according to the Philosopher (Peri Herm. i), words are signs of ideas, and ideas the similitude of things, it is evident that words relate to the meaning of things signified through the medium of the intellectual conception. It follows therefore that we can give a name to anything in as far as we can understand it. Now it was shown above (Question [12], Articles [11],12) that in this life we cannot see the essence of God; but we know God from creatures as their principle, and also by way of excellence and remotion. In this way therefore He can be named by us from creatures, yet not so that the name which signifies Him expresses the divine essence in itself. Thus the name "man" expresses the essence of man in himself, since it signifies the definition of man by manifesting his essence; for the idea expressed by the name is the definition.

Reply to Objection 1: The reason why God has no name, or is said to be above being named, is because His essence is above all that we understand about God, and signify in word.

Reply to Objection 2: Because we know and name God from creatures, the names we attribute to God signify what belongs to material creatures, of which the knowledge is natural to us. And because in creatures of this kind what is perfect and subsistent is compound; whereas their form is not a complete subsisting thing, but rather is that whereby a thing is; hence it follows that all names used by us to signify a complete subsisting thing must have a concrete meaning as applicable to compound things; whereas names given to signify simple forms, signify a thing not as subsisting, but as that whereby a thing is; as, for instance, whiteness signifies that whereby a thing is white. And as God is simple, and subsisting, we attribute to Him abstract names to signify His simplicity, and concrete names to signify His substance and perfection, although both these kinds of names fail to express His mode of being, forasmuch as our intellect does not know Him in this life as He is.

Reply to Objection 3: To signify substance with quality is to signify the "suppositum" with a nature or determined form in which it subsists. Hence, as some things are said of God in a concrete sense, to signify His subsistence and perfection, so likewise nouns are applied to God signifying substance with quality. Further, verbs and participles which signify time, are applied to Him because His eternity includes all time. For as we can apprehend and signify simple subsistences only by way of compound things, so we can understand and express simple eternity only by way of temporal things, because our intellect has a natural affinity to compound and temporal things. But demonstrative pronouns are applied to God as describing what is understood, not what is sensed. For we can only describe Him as far as we understand Him. Thus, according as nouns, participles and demonstrative pronouns are applicable to God, so far can He be signified by relative pronouns.

Index [<< | >>]

First Part [<< | >>]

Question: 13 [<< | >>]

Article: 2 [<< | >>]

Objection 1: It seems that no name can be applied to God substantially. For Damascene says (De Fide Orth. i, 9): "Everything said of God signifies not His substance, but rather shows forth what He is not; or expresses some relation, or something following from His nature or operation."

Objection 2: Further, Dionysius says (Div. Nom. i): "You will find a chorus of holy doctors addressed to the end of distinguishing clearly and praiseworthily the divine processions in the denomination of God." Thus the names applied by the holy doctors in praising God are distinguished according to the divine processions themselves. But what expresses the procession of anything, does not signify its essence. Therefore the names applied to God are not said of Him substantially.

Objection 3: Further, a thing is named by us according as we understand it. But God is not understood by us in this life in His substance. Therefore neither is any name we can use applied substantially to God.

On the contrary, Augustine says (De Trin. vi): "The being of God is the being strong, or the being wise, or whatever else we may say of that simplicity whereby His substance is signified." Therefore all names of this kind signify the divine substance.

I answer that, Negative names applied to God, or signifying His relation to creatures manifestly do not at all signify His substance, but rather express the distance of the creature from Him, or His relation to something else, or rather, the relation of creatures to Himself.

But as regards absolute and affirmative names of God, as "good," "wise," and the like, various and many opinions have been given. For some have said that all such names, although they are applied to God affirmatively, nevertheless have been brought into use more to express some remotion from God, rather than to express anything that exists positively in Him. Hence they assert that when we say that God lives, we mean that God is not like an inanimate thing; and the same in like manner applies to other names; and this was taught by Rabbi Moses. Others say that these names applied to God signify His relationship towards creatures: thus in the words, "God is good," we mean, God is the cause of goodness in things; and the same rule applies to other names.

Both of these opinions, however, seem to be untrue for three reasons. First because in neither of them can a reason be assigned why some names more than others are applied to God. For He is assuredly the cause of bodies in the same way as He is the cause of good things; therefore if the words "God is good," signified no more than, "God is the cause of good things," it might in like manner be said that God is a body, inasmuch as He is the cause of bodies. So also to say that He is a body implies that He is not a mere potentiality, as is primary matter. Secondly, because it would follow that all names applied to God would be said of Him by way of being taken in a secondary sense, as healthy is secondarily said of medicine, forasmuch as it signifies only the cause of the health in the animal which primarily is called healthy. Thirdly, because this is against the intention of those who speak of God. For in saying that God lives, they assuredly mean more than to say the He is the cause of our life, or that He differs from inanimate bodies.

Therefore we must hold a different doctrine---viz. that these names signify the divine substance, and are predicated substantially of God, although they fall short of a full representation of Him. Which is proved thus. For these names express God, so far as our intellects know Him. Now since our intellect knows God from creatures, it knows Him as far as creatures represent Him. Now it is shown above (Question [4], Article [2]) that God prepossesses in Himself all the perfections of creatures, being Himself simply and universally perfect. Hence every creature represents Him, and is like Him so far as it possesses some perfection; yet it represents Him not as something of the same species or genus, but as the excelling principle of whose form the effects fall short, although they derive some kind of likeness thereto, even as the forms of inferior bodies represent the power of the sun. This was explained above (Question [4], Article [3]), in treating of the divine perfection. Therefore the aforesaid names signify the divine substance, but in an imperfect manner, even as creatures represent it imperfectly. So when we say, "God is good," the meaning is not, "God is the cause of goodness," or "God is not evil"; but the meaning is, "Whatever good we attribute to creatures, pre-exists in God," and in a more excellent and higher way. Hence it does not follow that God is good, because He causes goodness; but rather, on the contrary, He causes goodness in things because He is good; according to what Augustine says (De Doctr. Christ. i, 32), "Because He is good, we are."

Reply to Objection 1: Damascene says that these names do not signify what God is, forasmuch as by none of these names is perfectly expressed what He is; but each one signifies Him in an imperfect manner, even as creatures represent Him imperfectly.

Reply to Objection 2: In the significance of names, that from which the name is derived is different sometimes from what it is intended to signify, as for instance, this name "stone" [lapis] is imposed from the fact that it hurts the foot [loedit pedem], but it is not imposed to signify that which hurts the foot, but rather to signify a certain kind of body; otherwise everything that hurts the foot would be a stone [*This refers to the Latin etymology of the word "lapis" which has no place in English]. So we must say that these kinds of divine names are imposed from the divine processions; for as according to the diverse processions of their perfections, creatures are the representations of God, although in an imperfect manner; so likewise our intellect knows and names God according to each kind of procession; but nevertheless these names are not imposed to signify the procession themselves, as if when we say "God lives," the sense were, "life proceeds from Him"; but to signify the principle itself of things, in so far as life pre-exists in Him, although it pre-exists in Him in a more eminent way than can be understood or signified.

Reply to Objection 3: We cannot know the essence of God in this life, as He really is in Himself; but we know Him accordingly as He is represented in the perfections of creatures; and thus the names imposed by us signify Him in that manner only.

Index [<< | >>]

First Part [<< | >>]

Question: 13 [<< | >>]

Article: 3 [<< | >>]

Objection 1: It seems that no name is applied literally to God. For all names which we apply to God are taken from creatures; as was explained above (Article [1]). But the names of creatures are applied to God metaphorically, as when we say, God is a stone, or a lion, or the like. Therefore names are applied to God in a metaphorical sense.

Objection 2: Further, no name can be applied literally to anything if it should be withheld from it rather than given to it. But all such names as "good," "wise," and the like are more truly withheld from God than given to Him; as appears from Dionysius says (Coel. Hier. ii). Therefore none of these names belong to God in their literal sense.

Objection 3: Further, corporeal names are applied to God in a metaphorical sense only; since He is incorporeal. But all such names imply some kind of corporeal condition; for their meaning is bound up with time and composition and like corporeal conditions. Therefore all these names are applied to God in a metaphorical sense.

On the contrary, Ambrose says (De Fide ii), "Some names there are which express evidently the property of the divinity, and some which express the clear truth of the divine majesty, but others there are which are applied to God metaphorically by way of similitude." Therefore not all names are applied to God in a metaphorical sense, but there are some which are said of Him in their literal sense.

I answer that, According to the preceding article, our knowledge of God is derived from the perfections which flow from Him to creatures, which perfections are in God in a more eminent way than in creatures. Now our intellect apprehends them as they are in creatures, and as it apprehends them it signifies them by names. Therefore as to the names applied to God---viz. the perfections which they signify, such as goodness, life and the like, and their mode of signification. As regards what is signified by these names, they belong properly to God, and more properly than they belong to creatures, and are applied primarily to Him. But as regards their mode of signification, they do not properly and strictly apply to God; for their mode of signification applies to creatures.

Reply to Objection 1: There are some names which signify these perfections flowing from God to creatures in such a way that the imperfect way in which creatures receive the divine perfection is part of the very signification of the name itself as "stone" signifies a material being, and names of this kind can be applied to God only in a metaphorical sense. Other names, however, express these perfections absolutely, without any such mode of participation being part of their signification as the words "being," "good," "living," and the like, and such names can be literally applied to God.

Reply to Objection 2: Such names as these, as Dionysius shows, are denied of God for the reason that what the name signifies does not belong to Him in the ordinary sense of its signification, but in a more eminent way. Hence Dionysius says also that God is above all substance and all life.

Reply to Objection 3: These names which are applied to God literally imply corporeal conditions not in the thing signified, but as regards their mode of signification; whereas those which are applied to God metaphorically imply and mean a corporeal condition in the thing signified.

Index [<< | >>]

First Part [<< | >>]

Question: 13 [<< | >>]

Article: 4 [<< | >>]

Objection 1: It seems that these names applied to God are synonymous names. For synonymous names are those which mean exactly the same. But these names applied to God mean entirely the same thing in God; for the goodness of God is His essence, and likewise it is His wisdom. Therefore these names are entirely synonymous.

Objection 2: Further, if it be said these names signify one and the same thing in reality, but differ in idea, it can be objected that an idea to which no reality corresponds is a vain notion. Therefore if these ideas are many, and the thing is one, it seems also that all these ideas are vain notions.

Objection 3: Further, a thing which is one in reality and in idea, is more one than what is one in reality and many in idea. But God is supremely one. Therefore it seems that He is not one in reality and many in idea; and thus the names applied to God do not signify different ideas; and thus they are synonymous.

On the contrary, All synonyms united with each other are redundant, as when we say, "vesture clothing." Therefore if all names applied to God are synonymous, we cannot properly say "good God" or the like, and yet it is written, "O most mighty, great and powerful, the Lord of hosts is Thy name" (Jer. 32:18).

I answer that, These names spoken of God are not synonymous. This would be easy to understand, if we said that these names are used to remove, or to express the relation of cause to creatures; for thus it would follow that there are different ideas as regards the diverse things denied of God, or as regards diverse effects connoted. But even according to what was said above (Article [2]), that these names signify the divine substance, although in an imperfect manner, it is also clear from what has been said (Articles 1,2) that they have diverse meanings. For the idea signified by the name is the conception in the intellect of the thing signified by the name. But our intellect, since it knows God from creatures, in order to understand God, forms conceptions proportional to the perfections flowing from God to creatures, which perfections pre-exist in God unitedly and simply, whereas in creatures they are received and divided and multiplied. As therefore, to the different perfections of creatures, there corresponds one simple principle represented by different perfections of creatures in a various and manifold manner, so also to the various and multiplied conceptions of our intellect, there corresponds one altogether simple principle, according to these conceptions, imperfectly understood. Therefore although the names applied to God signify one thing, still because they signify that under many and different aspects, they are not synonymous.

Thus appears the solution of the First Objection, since synonymous terms signify one thing under one aspect; for words which signify different aspects of one things, do not signify primarily and absolutely one thing; because the term only signifies the thing through the medium of the intellectual conception, as was said above.

Reply to Objection 2: The many aspects of these names are not empty and vain, for there corresponds to all of them one simple reality represented by them in a manifold and imperfect manner.

Reply to Objection 3: The perfect unity of God requires that what are manifold and divided in others should exist in Him simply and unitedly. Thus it comes about that He is one in reality, and yet multiple in idea, because our intellect apprehends Him in a manifold manner, as things represent Him.

Index [<< | >>]

First Part [<< | >>]

Question: 13 [<< | >>]

Article: 5 [<< | >>]

Objection 1: It seems that the things attributed to God and creatures are univocal. For every equivocal term is reduced to the univocal, as many are reduced to one; for if the name "dog" be said equivocally of the barking dog, and of the dogfish, it must be said of some univocally---viz. of all barking dogs; otherwise we proceed to infinitude. Now there are some univocal agents which agree with their effects in name and definition, as man generates man; and there are some agents which are equivocal, as the sun which causes heat, although the sun is hot only in an equivocal sense. Therefore it seems that the first agent to which all other agents are reduced, is an univocal agent: and thus what is said of God and creatures, is predicated univocally.

Objection 2: Further, there is no similitude among equivocal things. Therefore as creatures have a certain likeness to God, according to the word of Genesis (Gn. 1:26), "Let us make man to our image and likeness," it seems that something can be said of God and creatures univocally.

Objection 3: Further, measure is homogeneous with the thing measured. But God is the first measure of all beings. Therefore God is homogeneous with creatures; and thus a word may be applied univocally to God and to creatures.

On the contrary, whatever is predicated of various things under the same name but not in the same sense, is predicated equivocally. But no name belongs to God in the same sense that it belongs to creatures; for instance, wisdom in creatures is a quality, but not in God. Now a different genus changes an essence, since the genus is part of the definition; and the same applies to other things. Therefore whatever is said of God and of creatures is predicated equivocally.

Further, God is more distant from creatures than any creatures are from each other. But the distance of some creatures makes any univocal predication of them impossible, as in the case of those things which are not in the same genus. Therefore much less can anything be predicated univocally of God and creatures; and so only equivocal predication can be applied to them.

I answer that, Univocal predication is impossible between God and creatures. The reason of this is that every effect which is not an adequate result of the power of the efficient cause, receives the similitude of the agent not in its full degree, but in a measure that falls short, so that what is divided and multiplied in the effects resides in the agent simply, and in the same manner; as for example the sun by exercise of its one power produces manifold and various forms in all inferior things. In the same way, as said in the preceding article, all perfections existing in creatures divided and multiplied, pre-exist in God unitedly. Thus when any term expressing perfection is applied to a creature, it signifies that perfection distinct in idea from other perfections; as, for instance, by the term "wise" applied to man, we signify some perfection distinct from a man's essence, and distinct from his power and existence, and from all similar things; whereas when we apply to it God, we do not mean to signify anything distinct from His essence, or power, or existence. Thus also this term "wise" applied to man in some degree circumscribes and comprehends the thing signified; whereas this is not the case when it is applied to God; but it leaves the thing signified as incomprehended, and as exceeding the signification of the name. Hence it is evident that this term "wise" is not applied in the same way to God and to man. The same rule applies to other terms. Hence no name is predicated univocally of God and of creatures.

Neither, on the other hand, are names applied to God and creatures in a purely equivocal sense, as some have said. Because if that were so, it follows that from creatures nothing could be known or demonstrated about God at all; for the reasoning would always be exposed to the fallacy of equivocation. Such a view is against the philosophers, who proved many things about God, and also against what the Apostle says: "The invisible things of God are clearly seen being understood by the things that are made" (Rm. 1:20). Therefore it must be said that these names are said of God and creatures in an analogous sense, i.e. according to proportion.

Now names are thus used in two ways: either according as many things are proportionate to one, thus for example "healthy" predicated of medicine and urine in relation and in proportion to health of a body, of which the former is the sign and the latter the cause: or according as one thing is proportionate to another, thus "healthy" is said of medicine and animal, since medicine is the cause of health in the animal body. And in this way some things are said of God and creatures analogically, and not in a purely equivocal nor in a purely univocal sense. For we can name God only from creatures (Article [1]). Thus whatever is said of God and creatures, is said according to the relation of a creature to God as its principle and cause, wherein all perfections of things pre-exist excellently. Now this mode of community of idea is a mean between pure equivocation and simple univocation. For in analogies the idea is not, as it is in univocals, one and the same, yet it is not totally diverse as in equivocals; but a term which is thus used in a multiple sense signifies various proportions to some one thing; thus "healthy" applied to urine signifies the sign of animal health, and applied to medicine signifies the cause of the same health.

Reply to Objection 1: Although equivocal predications must be reduced to univocal, still in actions, the non-univocal agent must precede the univocal agent. For the non-univocal agent is the universal cause of the whole species, as for instance the sun is the cause of the generation of all men; whereas the univocal agent is not the universal efficient cause of the whole species (otherwise it would be the cause of itself, since it is contained in the species), but is a particular cause of this individual which it places under the species by way of participation. Therefore the universal cause of the whole species is not an univocal agent; and the universal cause comes before the particular cause. But this universal agent, whilst it is not univocal, nevertheless is not altogether equivocal, otherwise it could not produce its own likeness, but rather it is to be called an analogical agent, as all univocal predications are reduced to one first non-univocal analogical predication, which is being.

Reply to Objection 2: The likeness of the creature to God is imperfect, for it does not represent one and the same generic thing (Question [4], Article [3]).

Reply to Objection 3: God is not the measure proportioned to things measured; hence it is not necessary that God and creatures should be in the same genus.

The arguments adduced in the contrary sense prove indeed that these names are not predicated univocally of God and creatures; yet they do not prove that they are predicated equivocally.

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Article: 6 [<< | >>]

Objection 1: It seems that names are predicated primarily of creatures rather than of God. For we name anything accordingly as we know it, since "names", as the Philosopher says, "are signs of ideas." But we know creatures before we know God. Therefore the names imposed by us are predicated primarily of creatures rather than of God.

Objection 2: Further, Dionysius says (Div. Nom. i): "We name God from creatures." But names transferred from creatures to God, are said primarily of creatures rather than of God, as "lion," "stone," and the like. Therefore all names applied to God and creatures are applied primarily to creatures rather than to God.

Objection 3: Further, all names equally applied to God and creatures, are applied to God as the cause of all creatures, as Dionysius says (De Mystica Theol.). But what is applied to anything through its cause, is applied to it secondarily, for "healthy" is primarily predicated of animal rather than of medicine, which is the cause of health. Therefore these names are said primarily of creatures rather than of God.

On the contrary, It is written, "I bow my knees to the Father, of our Lord Jesus Christ, of Whom all paternity in heaven and earth is named" (Eph. 3:14,15); and the same applies to the other names applied to God and creatures. Therefore these names are applied primarily to God rather than to creatures.

I answer that, In names predicated of many in an analogical sense, all are predicated because they have reference to some one thing; and this one thing must be placed in the definition of them all. And since that expressed by the name is the definition, as the Philosopher says (Metaph. iv), such a name must be applied primarily to that which is put in the definition of such other things, and secondarily to these others according as they approach more or less to that first. Thus, for instance, "healthy" applied to animals comes into the definition of "healthy" applied to medicine, which is called healthy as being the cause of health in the animal; and also into the definition of "healthy" which is applied to urine, which is called healthy in so far as it is the sign of the animal's health. Thus all names applied metaphorically to God, are applied to creatures primarily rather than to God, because when said of God they mean only similitudes to such creatures. For as "smiling" applied to a field means only that the field in the beauty of its flowering is like the beauty of the human smile by proportionate likeness, so the name of "lion" applied to God means only that God manifests strength in His works, as a lion in his. Thus it is clear that applied to God the signification of names can be defined only from what is said of creatures. But to other names not applied to God in a metaphorical sense, the same rule would apply if they were spoken of God as the cause only, as some have supposed. For when it is said, "God is good," it would then only mean "God is the cause of the creature's goodness"; thus the term good applied to God would included in its meaning the creature's goodness. Hence "good" would apply primarily to creatures rather than to God. But as was shown above (Article [2]), these names are applied to God not as the cause only, but also essentially. For the words, "God is good," or "wise," signify not only that He is the cause of wisdom or goodness, but that these exist in Him in a more excellent way. Hence as regards what the name signifies, these names are applied primarily to God rather than to creatures, because these perfections flow from God to creatures; but as regards the imposition of the names, they are primarily applied by us to creatures which we know first. Hence they have a mode of signification which belongs to creatures, as said above (Article [3]).

Reply to Objection 1: This objection refers to the imposition of the name.

Reply to Objection 2: The same rule does not apply to metaphorical and to other names, as said above.

Reply to Objection 3: This objection would be valid if these names were applied to God only as cause, and not also essentially, for instance as "healthy" is applied to medicine.

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Article: 7 [<< | >>]

Objection 1: It seems that names which imply relation to creatures are not predicated of God temporally. For all such names signify the divine substance, as is universally held. Hence also Ambrose (De Fide i) that this name "Lord" is the name of power, which is the divine substance; and "Creator" signifies the action of God, which is His essence. Now the divine substance is not temporal, but eternal. Therefore these names are not applied to God temporally, but eternally.

Objection 2: Further, that to which something applies temporally can be described as made; for what is white temporally is made white. But to make does no apply to God. Therefore nothing can be predicated of God temporally.

Objection 3: Further, if any names are applied to God temporally as implying relation to creatures, the same rule holds good of all things that imply relation to creatures. But some names are spoken of God implying relation of God to creatures from eternity; for from eternity He knew and loved the creature, according to the word: "I have loved thee with an everlasting love" (Jer. 31:3). Therefore also other names implying relation to creatures, as "Lord" and "Creator," are applied to God from eternity.

Objection 4: Further, names of this kind signify relation. Therefore that relation must be something in God, or in the creature only. But it cannot be that it is something in the creature only, for in that case God would be called "Lord" from the opposite relation which is in creatures; and nothing is named from its opposite. Therefore the relation must be something in God also. But nothing temporal can be in God, for He is above time. Therefore these names are not applied to God temporally.

Objection 5: Further, a thing is called relative from relation; for instance lord from lordship, as white from whiteness. Therefore if the relation of lordship is not really in God, but only in idea, it follows that God is not really Lord, which is plainly false.

Objection 6: Further, in relative things which are not simultaneous in nature, one can exist without the other; as a thing knowable can exist without the knowledge of it, as the Philosopher says (Praedic. v). But relative things which are said of God and creatures are not simultaneous in nature. Therefore a relation can be predicated of God to the creature even without the existence of the creature; and thus these names "Lord" and "Creator" are predicated of God from eternity, and not temporally.

On the contrary, Augustine says (De Trin. v) that this relative appellation "Lord" is applied to God temporally.

I answer that, The names which import relation to creatures are applied to God temporally, and not from eternity.

To see this we must learn that some have said that relation is not a reality, but only an idea. But this is plainly seen to be false from the very fact that things themselves have a mutual natural order and habitude. Nevertheless it is necessary to know that since relation has two extremes, it happens in three ways that a relation is real or logical. Sometimes from both extremes it is an idea only, as when mutual order or habitude can only go between things in the apprehension of reason; as when we say a thing "the same as itself." For reason apprehending one thing twice regards it as two; thus it apprehends a certain habitude of a thing to itself. And the same applies to relations between "being" and "non-being" formed by reason, apprehending "non-being" as an extreme. The same is true of relations that follow upon an act of reason, as genus and species, and the like.

Now there are other relations which are realities as regards both extremes, as when for instance a habitude exists between two things according to some reality that belongs to both; as is clear of all relations, consequent upon quantity; as great and small, double and half, and the like; for quantity exists in both extremes: and the same applies to relations consequent upon action and passion, as motive power and the movable thing, father and son, and the like.

Again, sometimes a relation in one extreme may be a reality, while in the other extreme it is an idea only; and this happens whenever two extremes are not of one order; as sense and science refer respectively to sensible things and to intellectual things; which, inasmuch as they are realities existing in nature, are outside the order of sensible and intellectual existence. Therefore in science and in sense a real relation exists, because they are ordered either to the knowledge or to the sensible perception of things; whereas the things looked at in themselves are outside this order, and hence in them there is no real relation to science and sense, but only in idea, inasmuch as the intellect apprehends them as terms of the relations of science and sense. Hence the Philosopher says (Metaph. v) that they are called relative, not forasmuch as they are related to other things, but as others are related to them. Likewise for instance, "on the right" is not applied to a column, unless it stands as regards an animal on the right side; which relation is not really in the column, but in the animal.

Since therefore God is outside the whole order of creation, and all creatures are ordered to Him, and not conversely, it is manifest that creatures are really related to God Himself; whereas in God there is no real relation to creatures, but a relation only in idea, inasmuch as creatures are referred to Him. Thus there is nothing to prevent these names which import relation to the creature from being predicated of God temporally, not by reason of any change in Him, but by reason of the change of the creature; as a column is on the right of an animal, without change in itself, but by change in the animal.

Reply to Objection 1: Some relative names are imposed to signify the relative habitudes themselves, as "master" and "servant," "father," and "son," and the like, and these relatives are called predicamental [secundum esse]. But others are imposed to signify the things from which ensue certain habitudes, as the mover and the thing moved, the head and the thing that has a head, and the like: and these relatives are called transcendental [secundum dici]. Thus, there is the same two-fold difference in divine names. For some signify the habitude itself to the creature, as "Lord," and these do not signify the divine substance directly, but indirectly, in so far as they presuppose the divine substance; as dominion presupposes power, which is the divine substance. Others signify the divine essence directly, and consequently the corresponding habitudes, as "Saviour," "Creator," and suchlike; and these signify the action of God, which is His essence. Yet both names are said of God temporarily so far as they imply a habitude either principally or consequently, but not as signifying the essence, either directly or indirectly.

Reply to Objection 2: As relations applied to God temporally are only in God in our idea, so, "to become" or "to be made" are applied to God only in idea, with no change in Him, as for instance when we say, "Lord, Thou art become [Douay: 'hast been'] our refuge" (Ps. 89:1).

Reply to Objection 3: The operation of the intellect and the will is in the operator, therefore names signifying relations following upon the action of the intellect or will, are applied to God from eternity; whereas those following upon the actions proceeding according to our mode of thinking to external effects are applied to God temporally, as "Saviour," "Creator," and the like.

Reply to Objection 4: Relations signified by these names which are applied to God temporally, are in God only in idea; but the opposite relations in creatures are real. Nor is it incongruous that God should be denominated from relations really existing in the thing, yet so that the opposite relations in God should also be understood by us at the same time; in the sense that God is spoken of relatively to the creature, inasmuch as the creature is related to Him: thus the Philosopher says (Metaph. v) that the object is said to be knowable relatively because knowledge relates to it.

Reply to Objection 5: Since God is related to the creature for the reason that the creature is related to Him: and since the relation of subjection is real in the creature, it follows that God is Lord not in idea only, but in reality; for He is called Lord according to the manner in which the creature is subject to Him.

Reply to Objection 6: To know whether relations are simultaneous by nature or otherwise, it is not necessary by nature or otherwise of things to which they belong but the meaning of the relations themselves. For if one in its idea includes another, and vice versa, then they are simultaneous by nature: as double and half, father and son, and the like. But if one in its idea includes another, and not vice versa, they are not simultaneous by nature. This applies to science and its object; for the object knowable is considered as a potentiality, and the science as a habit, or as an act. Hence the knowable object in its mode of signification exists before science, but if the same object is considered in act, then it is simultaneous with science in act; for the object known is nothing as such unless it is known. Thus, though God is prior to the creature, still because the signification of Lord includes the idea of a servant and vice versa, these two relative terms, "Lord" and "servant," are simultaneous by nature. Hence, God was not "Lord" until He had a creature subject to Himself.

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Objection 1: It seems that this name, "God," is not a name of the nature. For Damascene says (De Fide Orth. 1) that "God {Theos} is so called from the {theein} [which means to care of] and to cherish all things; or from the {aithein}, that is to burn, for our God is a fire consuming all malice; or from {theasthai}, which means to consider all things." But all these names belong to operation. Therefore this name "God" signifies His operation and not His nature.

Objection 2: Further, a thing is named by us as we know it. But the divine nature is unknown to us. Therefore this name "God" does not signify the divine nature.

On the contrary, Ambrose says (De Fide i) that "God" is a name of the nature.

I answer that, Whence a name is imposed, and what the name signifies are not always the same thing. For as we know substance from its properties and operations, so we name substance sometimes for its operation, or its property; e.g. we name the substance of a stone from its act, as for instance that it hurts the foot [loedit pedem]; but still this name is not meant to signify the particular action, but the stone's substance. The things, on the other hand, known to us in themselves, such as heat, cold, whiteness and the like, are not named from other things. Hence as regards such things the meaning of the name and its source are the same.

Because therefore God is not known to us in His nature, but is made known to us from His operations or effects, we name Him from these, as said in Article [1]; hence this name "God" is a name of operation so far as relates to the source of its meaning. For this name is imposed from His universal providence over all things; since all who speak of God intend to name God as exercising providence over all; hence Dionysius says (Div. Nom. ii), "The Deity watches over all with perfect providence and goodness." But taken from this operation, this name "God" is imposed to signify the divine nature.

Reply to Objection 1: All that Damascene says refers to providence; which is the source of the signification of the name "God."

Reply to Objection 2: We can name a thing according to the knowledge we have of its nature from its properties and effects. Hence because we can know what stone is in itself from its property, this name "stone" signifies the nature of the stone itself; for it signifies the definition of stone, by which we know what it is, for the idea which the name signifies is the definition, as is said in Metaph. iv. Now from the divine effects we cannot know the divine nature in itself, so as to know what it is; but only by way of eminence, and by way of causality, and of negation as stated above (Question [12], Article [12]). Thus the name "God" signifies the divine nature, for this name was imposed to signify something existing above all things, the principle of all things and removed from all things; for those who name God intend to signify all this.

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Objection 1: It seems that this name "God" is communicable. For whosoever shares in the thing signified by a name shares in the name itself. But this name "God" signifies the divine nature, which is communicable to others, according to the words, "He hath given us great [Vulg.: 'most great'] and precious promises, that by these we [Vulg.: 'ye'] may be made partakers of the divine nature" (2 Pt. 1:4). Therefore this name "God" can be communicated to others.

Objection 2: Further, only proper names are not communicable. Now this name "God" is not a proper, but an appellative noun; which appears from the fact that it has a plural, according to the text, "I have said, You are gods" (Ps. 81:6). Therefore this name "God" is communicable.

Objection 3: Further, this name "God" comes from operation, as explained. But other names given to God from His operations or effects are communicable; as "good," "wise," and the like. Therefore this name "God" is communicable.

On the contrary, It is written: "They gave the incommunicable name to wood and stones" (Wis. 14:21), in reference to the divine name. Therefore this name "God" is incommunicable.

I answer that, A name is communicable in two ways: properly, and by similitude. It is properly communicable in the sense that its whole signification can be given to many; by similitude it is communicable according to some part of the signification of the name. For instance this name "lion" is properly communicable to all things of the same nature as "lion"; by similitude it is communicable to those who participate in the nature of a lion, as for instance by courage, or strength, and those who thus participate are called lions metaphorically. To know, however, what names are properly communicable, we must consider that every form existing in the singular subject, by which it is individualized, is common to many either in reality, or in idea; as human nature is common to many in reality, and in idea; whereas the nature of the sun is not common to many in reality, but only in idea; for the nature of the sun can be understood as existing in many subjects; and the reason is because the mind understands the nature of every species by abstraction from the singular. Hence to be in one singular subject or in many is outside the idea of the nature of the species. So, given the idea of a species, it can be understood as existing in many. But the singular, from the fact that it is singular, is divided off from all others. Hence every name imposed to signify any singular thing is incommunicable both in reality and idea; for the plurality of this individual thing cannot be; nor can it be conceived in idea. Hence no name signifying any individual thing is properly communicable to many, but only by way of similitude; as for instance a person can be called "Achilles" metaphorically, forasmuch as he may possess something of the properties of Achilles, such as strength. On the other hand, forms which are individualized not by any "suppositum," but by and of themselves, as being subsisting forms, if understood as they are in themselves, could not be communicable either in reality or in idea; but only perhaps by way of similitude, as was said of individuals. Forasmuch as we are unable to understand simple self-subsisting forms as they really are, we understand them as compound things having forms in matter; therefore, as was said in the first article, we give them concrete names signifying a nature existing in some "suppositum." Hence, so far as concerns images, the same rules apply to names we impose to signify the nature of compound things as to names given to us to signify simple subsisting natures.

Since, then, this name "God" is given to signify the divine nature as stated above (Article [8]), and since the divine nature cannot be multiplied as shown above (Question [11], Article [3]), it follows that this name "God" is incommunicable in reality, but communicable in opinion; just in the same way as this name "sun" would be communicable according to the opinion of those who say there are many suns. Therefore, it is written: "You served them who by nature are not gods," (Gal. 4:8), and a gloss adds, "Gods not in nature, but in human opinion." Nevertheless this name "God" is communicable, not in its whole signification, but in some part of it by way of similitude; so that those are called gods who share in divinity by likeness, according to the text, "I have said, You are gods" (Ps. 81:6).

But if any name were given to signify God not as to His nature but as to His "suppositum," accordingly as He is considered as "this something," that name would be absolutely incommunicable; as, for instance, perhaps the Tetragrammaton among the Hebrew; and this is like giving a name to the sun as signifying this individual thing.

Reply to Objection 1: The divine nature is only communicable according to the participation of some similitude.

Reply to Objection 2: This name "God" is an appellative name, and not a proper name, for it signifies the divine nature in the possessor; although God Himself in reality is neither universal nor particular. For names do not follow upon the mode of being in things, but upon the mode of being as it is in our mind. And yet it is incommunicable according to the truth of the thing, as was said above concerning the name "sun."

Reply to Objection 3: These names "good," "wise," and the like, are imposed from the perfections proceeding from God to creatures; but they do not signify the divine nature, but rather signify the perfections themselves absolutely; and therefore they are in truth communicable to many. But this name "God" is given to God from His own proper operation, which we experience continually, to signify the divine nature.

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Objection 1: It seems that this name "God" is applied to God univocally by nature, by participation, and according to opinion. For where a diverse signification exists, there is no contradiction of affirmation and negation; for equivocation prevents contradiction. But a Catholic who says: "An idol is not God," contradicts a pagan who says: "An idol is God." Therefore GOD in both senses is spoken of univocally.

Objection 2: Further, as an idol is God in opinion, and not in truth, so the enjoyment of carnal pleasures is called happiness in opinion, and not in truth. But this name "beatitude" is applied univocally to this supposed happiness, and also to true happiness. Therefore also this name "God" is applied univocally to the true God, and to God also in opinion.

Objection 3: Further, names are called univocal because they contain one idea. Now when a Catholic says: "There is one God," he understands by the name God an omnipotent being, and one venerated above all; while the heathen understands the same when he says: "An idol is God." Therefore this name "God" is applied univocally to both.

On the contrary, The idea in the intellect is the likeness of what is in the thing as is said in Peri Herm. i. But the word "animal" applied to a true animal, and to a picture of one, is equivocal. Therefore this name "God" applied to the true God and to God in opinion is applied equivocally.

Further, No one can signify what he does not know. But the heathen does not know the divine nature. So when he says an idol is God, he does not signify the true Deity. On the other hand, A Catholic signifies the true Deity when he says that there is one God. Therefore this name "God" is not applied univocally, but equivocally to the true God, and to God according to opinion.

I answer that, This name "God" in the three aforesaid significations is taken neither univocally nor equivocally, but analogically. This is apparent from this reason: Univocal terms mean absolutely the same thing, but equivocal terms absolutely different; whereas in analogical terms a word taken in one signification must be placed in the definition of the same word taken in other senses; as, for instance, "being" which is applied to "substance" is placed in the definition of being as applied to "accident"; and "healthy" applied to animal is placed in the definition of healthy as applied to urine and medicine. For urine is the sign of health in the animal, and medicine is the cause of health.

The same applies to the question at issue. For this name "God," as signifying the true God, includes the idea of God when it is used to denote God in opinion, or participation. For when we name anyone god by participation, we understand by the name of god some likeness of the true God. Likewise, when we call an idol god, by this name god we understand and signify something which men think is God; thus it is manifest that the name has different meanings, but that one of them is comprised in the other significations. Hence it is manifestly said analogically.

Reply to Objection 1: The multiplication of names does not depend on the predication of the name, but on the signification: for this name "man," of whomsoever it is predicated, whether truly or falsely, is predicated in one sense. But it would be multiplied if by the name "man" we meant to signify different things; for instance, if one meant to signify by this name "man" what man really is, and another meant to signify by the same name a stone, or something else. Hence it is evident that a Catholic saying that an idol is not God contradicts the pagan asserting that it is God; because each of them uses this name GOD to signify the true God. For when the pagan says an idol is God, he does not use this name as meaning God in opinion, for he would then speak the truth, as also Catholics sometimes use the name in the sense, as in the Psalm, "All the gods of the Gentiles are demons" (Ps. 95:5).

The same remark applies to the Second and Third Objections. For these reasons proceed from the different predication of the name, and not from its various significations.

Reply to Objection 4: The term "animal" applied to a true and a pictured animal is not purely equivocal; for the Philosopher takes equivocal names in a large sense, including analogous names; because also being, which is predicated analogically, is sometimes said to be predicated equivocally of different predicaments.

Reply to Objection 5: Neither a Catholic nor a pagan knows the very nature of God as it is in itself; but each one knows it according to some idea of causality, or excellence, or remotion (Question [12], Article [12]). So a pagan can take this name "God" in the same way when he says an idol is God, as the Catholic does in saying an idol is not God. But if anyone should be quite ignorant of God altogether, he could not even name Him, unless, perhaps, as we use names the meaning of which we know not.

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Article: 11 [<< | >>]

Objection 1: It seems that this name HE WHO IS is not the most proper name of God. For this name "God" is an incommunicable name. But this name HE WHO IS, is not an incommunicable name. Therefore this name HE WHO IS is not the most proper name of God.

Objection 2: Further, Dionysius says (Div. Nom. iii) that "the name of good excellently manifests all the processions of God." But it especially belongs to God to be the universal principle of all things. Therefore this name "good" is supremely proper to God, and not this name HE WHO IS.

Objection 3: Further, every divine name seems to imply relation to creatures, for God is known to us only through creatures. But this name HE WHO IS imports no relation to creatures. Therefore this name HE WHO IS is not the most applicable to God.

On the contrary, It is written that when Moses asked, "If they should say to me, What is His name? what shall I say to them?" The Lord answered him, "Thus shalt thou say to them, HE WHO IS hath sent me to you" (Ex. 3:13,14). Therefor this name HE WHO IS most properly belongs to God.

I answer that, This name HE WHO IS is most properly applied to God, for three reasons:

First, because of its signification. For it does not signify form, but simply existence itself. Hence since the existence of God is His essence itself, which can be said of no other (Question [3], Article [4]), it is clear that among other names this one specially denominates God, for everything is denominated by its form.

Secondly, on account of its universality. For all other names are either less universal, or, if convertible with it, add something above it at least in idea; hence in a certain way they inform and determine it. Now our intellect cannot know the essence of God itself in this life, as it is in itself, but whatever mode it applies in determining what it understands about God, it falls short of the mode of what God is in Himself. Therefore the less determinate the names are, and the more universal and absolute they are, the more properly they are applied to God. Hence Damascene says (De Fide Orth. i) that, "HE WHO IS, is the principal of all names applied to God; for comprehending all in itself, it contains existence itself as an infinite and indeterminate sea of substance." Now by any other name some mode of substance is determined, whereas this name HE WHO IS, determines no mode of being, but is indeterminate to all; and therefore it denominates the "infinite ocean of substance."

Thirdly, from its consignification, for it signifies present existence; and this above all properly applies to God, whose existence knows not past or future, as Augustine says (De Trin. v).

Reply to Objection 1: This name HE WHO IS is the name of God more properly than this name "God," as regards its source, namely, existence; and as regards the mode of signification and consignification, as said above. But as regards the object intended by the name, this name "God" is more proper, as it is imposed to signify the divine nature; and still more proper is the Tetragrammaton, imposed to signify the substance of God itself, incommunicable and, if one may so speak, singular.

Reply to Objection 2: This name "good" is the principal name of God in so far as He is a cause, but not absolutely; for existence considered absolutely comes before the idea of cause.

Reply to Objection 3: It is not necessary that all the divine names should import relation to creatures, but it suffices that they be imposed from some perfections flowing from God to creatures. Among these the first is existence, from which comes this name, HE WHO IS.

Index [<< | >>]

First Part [<< | >>]

Question: 13 [<< | >>]

Article: 12 [<< | >>]

Objection 1: It seems that affirmative propositions cannot be formed about God. For Dionysius says (Coel. Hier. ii) that "negations about God are true; but affirmations are vague."

Objection 2: Further, Boethius says (De Trin. ii) that "a simple form cannot be a subject." But God is the most absolutely simple form, as shown (Question [3]): therefore He cannot be a subject. But everything about which an affirmative proposition is made is taken as a subject. Therefore an affirmative proposition cannot be formed about God.

Objection 3: Further, every intellect is false which understands a thing otherwise than as it is. But God has existence without any composition as shown above (Question [3], Article [7]). Therefore since every affirmative intellect understands something as compound, it follows that a true affirmative proposition about God cannot be made.

On the contrary, What is of faith cannot be false. But some affirmative propositions are of faith; as that God is Three and One; and that He is omnipotent. Therefore true affirmative propositions can be formed about God.

I answer that, True affirmative propositions can be formed about God. To prove this we must know that in every true affirmative proposition the predicate and the subject signify in some way the same thing in reality, and different things in idea. And this appears to be the case both in propositions which have an accidental predicate, and in those which have an essential predicate. For it is manifest that "man" and "white" are the same in subject, and different in idea; for the idea of man is one thing, and that of whiteness is another. The same applies when I say, "man is an animal"; since the same thing which is man is truly animal; for in the same "suppositum" there is sensible nature by reason of which he is called animal, and the rational nature by reason of which he is called man; hence here again predicate and subject are the same as to "suppositum," but different as to idea. But in propositions where one same thing is predicated of itself, the same rule in some way applies, inasmuch as the intellect draws to the "suppositum" what it places in the subject; and what it places in the predicate it draws to the nature of the form existing in the "suppositum"; according to the saying that "predicates are to be taken formally, and subjects materially." To this diversity in idea corresponds the plurality of predicate and subject, while the intellect signifies the identity of the thing by the composition itself.

God, however, as considered in Himself, is altogether one and simple, yet our intellect knows Him by different conceptions because it cannot see Him as He is in Himself. Nevertheless, although it understands Him under different conceptions, it knows that one and the same simple object corresponds to its conceptions. Therefore the plurality of predicate and subject represents the plurality of idea; and the intellect represents the unity by composition.

Reply to Objection 1: Dionysius says that the affirmations about God are vague or, according to another translation, "incongruous," inasmuch as no name can be applied to God according to its mode of signification.

Reply to Objection 2: Our intellect cannot comprehend simple subsisting forms, as they really are in themselves; but it apprehends them as compound things in which there is something taken as subject and something that is inherent. Therefore it apprehends the simple form as a subject, and attributes something else to it.

Reply to Objection 3: This proposition, "The intellect understanding anything otherwise than it is, is false," can be taken in two senses, accordingly as this adverb "otherwise" determines the word "understanding" on the part of the thing understood, or on the part of the one who understands. Taken as referring to the thing understood, the proposition is true, and the meaning is: Any intellect which understands that the thing is otherwise than it is, is false. But this does not hold in the present case; because our intellect, when forming a proposition about God, does not affirm that He is composite, but that He is simple. But taken as referring to the one who understands, the proposition is false. For the mode of the intellect in understanding is different from the mode of the thing in its essence. Since it is clear that our intellect understands material things below itself in an immaterial manner; not that it understands them to be immaterial things; but its manner of understanding is immaterial. Likewise, when it understands simple things above itself, it understands them according to its own mode, which is in a composite manner; yet not so as to understand them to be composite things. And thus our intellect is not false in forming composition in its ideas concerning God.

This document (last modified January 11, 1998) from the Christian Classics Ethereal Library server, at Wheaton College

(Benziger Bros. edition, 1947)

Translated by

Fathers of the English Dominican Province

Index [<< | >>]

First Part of the Second Part [<< | >>]

Question: 90 [<< | >>]

We have now to consider the extrinsic principles of acts. Now the extrinsic principle inclining to evil is the devil, of whose temptations we have spoken in the FP, Question [114]. But the extrinsic principle moving to good is God, Who both instructs us by means of His Law, and assists us by His Grace: wherefore in the first place we must speak of law; in the second place, of grace.

Concerning law, we must consider: (1) Law itself in general; (2) its parts. Concerning law in general three points offer themselves for our consideration: (1) Its essence; (2) The different kinds of law; (3) The effects of law.

Under the first head there are four points of inquiry:

(1) Whether law is something pertaining to reason?

(2) Concerning the end of law;

(3) Its cause;

(4) The promulgation of law.

Index [<< | >>]

First Part of the Second Part [<< | >>]

Question: 90 [<< | >>]

Article: 1 [<< | >>]

Objection 1: It would seem that law is not something pertaining to reason. For the Apostle says (Rm. 7:23): "I see another law in my members," etc. But nothing pertaining to reason is in the members; since the reason does not make use of a bodily organ. Therefore law is not something pertaining to reason.

Objection 2: Further, in the reason there is nothing else but power, habit, and act. But law is not the power itself of reason. In like manner, neither is it a habit of reason: because the habits of reason are the intellectual virtues of which we have spoken above (Question [57]). Nor again is it an act of reason: because then law would cease, when the act of reason ceases, for instance, while we are asleep. Therefore law is nothing pertaining to reason.

Objection 3: Further, the law moves those who are subject to it to act aright. But it belongs properly to the will to move to act, as is evident from what has been said above (Question [9], Article [1]). Therefore law pertains, not to the reason, but to the will; according to the words of the Jurist (Lib. i, ff., De Const. Prin. leg. i): "Whatsoever pleaseth the sovereign, has force of law."

On the contrary, It belongs to the law to command and to forbid. But it belongs to reason to command, as stated above (Question [17], Article [1]). Therefore law is something pertaining to reason.

I answer that, Law is a rule and measure of acts, whereby man is induced to act or is restrained from acting: for "lex" [law] is derived from "ligare" [to bind], because it binds one to act. Now the rule and measure of human acts is the reason, which is the first principle of human acts, as is evident from what has been stated above (Question [1], Article [1], ad 3); since it belongs to the reason to direct to the end, which is the first principle in all matters of action, according to the Philosopher (Phys. ii). Now that which is the principle in any genus, is the rule and measure of that genus: for instance, unity in the genus of numbers, and the first movement in the genus of movements. Consequently it follows that law is something pertaining to reason.

Reply to Objection 1: Since law is a kind of rule and measure, it may be in something in two ways. First, as in that which measures and rules: and since this is proper to reason, it follows that, in this way, law is in the reason alone. Secondly, as in that which is measured and ruled. In this way, law is in all those things that are inclined to something by reason of some law: so that any inclination arising from a law, may be called a law, not essentially but by participation as it were. And thus the inclination of the members to concupiscence is called "the law of the members."

Reply to Objection 2: Just as, in external action, we may consider the work and the work done, for instance the work of building and the house built; so in the acts of reason, we may consider the act itself of reason, i.e. to understand and to reason, and something produced by this act. With regard to the speculative reason, this is first of all the definition; secondly, the proposition; thirdly, the syllogism or argument. And since also the practical reason makes use of a syllogism in respect of the work to be done, as stated above (Question [13], Article [3]; Question [76], Article [1]) and since as the Philosopher teaches (Ethic. vii, 3); hence we find in the practical reason something that holds the same position in regard to operations, as, in the speculative intellect, the proposition holds in regard to conclusions. Such like universal propositions of the practical intellect that are directed to actions have the nature of law. And these propositions are sometimes under our actual consideration, while sometimes they are retained in the reason by means of a habit.

Reply to Objection 3: Reason has its power of moving from the will, as stated above (Question [17], Article [1]): for it is due to the fact that one wills the end, that the reason issues its commands as regards things ordained to the end. But in order that the volition of what is commanded may have the nature of law, it needs to be in accord with some rule of reason. And in this sense is to be understood the saying that the will of the sovereign has the force of law; otherwise the sovereign's will would savor of lawlessness rather than of law.

Index [<< | >>]

First Part of the Second Part [<< | >>]

Question: 90 [<< | >>]

Article: 2 [<< | >>]

Objection 1: It would seem that the law is not always directed to the common good as to its end. For it belongs to law to command and to forbid. But commands are directed to certain individual goods. Therefore the end of the law is not always the common good.

Objection 2: Further, the law directs man in his actions. But human actions are concerned with particular matters. Therefore the law is directed to some particular good.

Objection 3: Further, Isidore says (Etym. v, 3): "If the law is based on reason, whatever is based on reason will be a law." But reason is the foundation not only of what is ordained to the common good, but also of that which is directed private good. Therefore the law is not only directed to the good of all, but also to the private good of an individual.

On the contrary, Isidore says (Etym. v, 21) that "laws are enacted for no private profit, but for the common benefit of the citizens."

I answer that, As stated above (Article [1]), the law belongs to that which is a principle of human acts, because it is their rule and measure. Now as reason is a principle of human acts, so in reason itself there is something which is the principle in respect of all the rest: wherefore to this principle chiefly and mainly law must needs be referred. Now the first principle in practical matters, which are the object of the practical reason, is the last end: and the last end of human life is bliss or happiness, as stated above (Question [2], Article [7]; Question [3], Article [1]). Consequently the law must needs regard principally the relationship to happiness. Moreover, since every part is ordained to the whole, as imperfect to perfect; and since one man is a part of the perfect community, the law must needs regard properly the relationship to universal happiness. Wherefore the Philosopher, in the above definition of legal matters mentions both happiness and the body politic: for he says (Ethic. v, 1) that we call those legal matters "just, which are adapted to produce and preserve happiness and its parts for the body politic": since the state is a perfect community, as he says in Polit. i, 1.

Now in every genus, that which belongs to it chiefly is the principle of the others, and the others belong to that genus in subordination to that thing: thus fire, which is chief among hot things, is the cause of heat in mixed bodies, and these are said to be hot in so far as they have a share of fire. Consequently, since the law is chiefly ordained to the common good, any other precept in regard to some individual work, must needs be devoid of the nature of a law, save in so far as it regards the common good. Therefore every law is ordained to the common good.

Reply to Objection 1: A command denotes an application of a law to matters regulated by the law. Now the order to the common good, at which the law aims, is applicable to particular ends. And in this way commands are given even concerning particular matters.

Reply to Objection 2: Actions are indeed concerned with particular matters: but those particular matters are referable to the common good, not as to a common genus or species, but as to a common final cause, according as the common good is said to be the common end.

Reply to Objection 3: Just as nothing stands firm with regard to the speculative reason except that which is traced back to the first indemonstrable principles, so nothing stands firm with regard to the practical reason, unless it be directed to the last end which is the common good: and whatever stands to reason in this sense, has the nature of a law.

Index [<< | >>]

First Part of the Second Part [<< | >>]

Question: 90 [<< | >>]

Article: 3 [<< | >>]

Objection 1: It would seem that the reason of any man is competent to make laws. For the Apostle says (Rm. 2:14) that "when the Gentiles, who have not the law, do by nature those things that are of the law . . . they are a law to themselves." Now he says this of all in general. Therefore anyone can make a law for himself.

Objection 2: Further, as the Philosopher says (Ethic. ii, 1), "the intention of the lawgiver is to lead men to virtue." But every man can lead another to virtue. Therefore the reason of any man is competent to make laws.

Objection 3: Further, just as the sovereign of a state governs the state, so every father of a family governs his household. But the sovereign of a state can make laws for the state. Therefore every father of a family can make laws for his household.

On the contrary, Isidore says (Etym. v, 10): "A law is an ordinance of the people, whereby something is sanctioned by the Elders together with the Commonalty."

I answer that, A law, properly speaking, regards first and foremost the order to the common good. Now to order anything to the common good, belongs either to the whole people, or to someone who is the viceregent of the whole people. And therefore the making of a law belongs either to the whole people or to a public personage who has care of the whole people: since in all other matters the directing of anything to the end concerns him to whom the end belongs.

Reply to Objection 1: As stated above (Article [1], ad 1), a law is in a person not only as in one that rules, but also by participation as in one that is ruled. In the latter way each one is a law to himself, in so far as he shares the direction that he receives from one who rules him. Hence the same text goes on: "Who show the work of the law written in their hearts."

Reply to Objection 2: A private person cannot lead another to virtue efficaciously: for he can only advise, and if his advice be not taken, it has no coercive power, such as the law should have, in order to prove an efficacious inducement to virtue, as the Philosopher says (Ethic. x, 9). But this coercive power is vested in the whole people or in some public personage, to whom it belongs to inflict penalties, as we shall state further on (Question [92], Article [2], ad 3; SS, Question [64], Article [3]). Wherefore the framing of laws belongs to him alone.

Reply to Objection 3: As one man is a part of the household, so a household is a part of the state: and the state is a perfect community, according to Polit. i, 1. And therefore, as the good of one man is not the last end, but is ordained to the common good; so too the good of one household is ordained to the good of a single state, which is a perfect community. Consequently he that governs a family, can indeed make certain commands or ordinances, but not such as to have properly the force of law.

Index [<< | >>]

First Part of the Second Part [<< | >>]

Question: 90 [<< | >>]

Article: 4 [<< | >>]

Objection 1: It would seem that promulgation is not essential to a law. For the natural law above all has the character of law. But the natural law needs no promulgation. Therefore it is not essential to a law that it be promulgated.

Objection 2: Further, it belongs properly to a law to bind one to do or not to do something. But the obligation of fulfilling a law touches not only those in whose presence it is promulgated, but also others. Therefore promulgation is not essential to a law.

Objection 3: Further, the binding force of a law extends even to the future, since "laws are binding in matters of the future," as the jurists say (Cod. 1, tit. De lege et constit. leg. vii). But promulgation concerns those who are present. Therefore it is not essential to a law.

On the contrary, It is laid down in the Decretals, dist. 4, that "laws are established when they are promulgated."

I answer that, As stated above (Article [1]), a law is imposed on others by way of a rule and measure. Now a rule or measure is imposed by being applied to those who are to be ruled and measured by it. Wherefore, in order that a law obtain the binding force which is proper to a law, it must needs be applied to the men who have to be ruled by it. Such application is made by its being notified to them by promulgation. Wherefore promulgation is necessary for the law to obtain its force.

Thus from the four preceding articles, the definition of law may be gathered; and it is nothing else than an ordinance of reason for the common good, made by him who has care of the community, and promulgated.

Reply to Objection 1: The natural law is promulgated by the very fact that God instilled it into man's mind so as to be known by him naturally.

Reply to Objection 2: Those who are not present when a law is promulgated, are bound to observe the law, in so far as it is notified or can be notified to them by others, after it has been promulgated.

Reply to Objection 3: The promulgation that takes place now, extends to future time by reason of the durability of written characters, by which means it is continually promulgated. Hence Isidore says (Etym. v, 3; ii, 10) that "lex [law] is derived from legere [to read] because it is written."

This document (last modified January 11, 1998) from the Christian Classics Ethereal Library server, at Wheaton College

(Benziger Bros. edition, 1947)

Translated by

Fathers of the English Dominican Province

Index [<< | >>]

First Part of the Second Part [<< | >>]

Question: 91 [<< | >>]

We must now consider the various kinds of law: under which head there are six points of inquiry:

(1) Whether there is an eternal law?

(2) Whether there is a natural law?

(3) Whether there is a human law?

(4) Whether there is a Divine law?

(5) Whether there is one Divine law, or several?

(6) Whether there is a law of sin?

Index [<< | >>]

First Part of the Second Part [<< | >>]

Question: 91 [<< | >>]

Article: 1 [<< | >>]

Objection 1: It would seem that there is no eternal law. Because every law is imposed on someone. But there was not someone from eternity on whom a law could be imposed: since God alone was from eternity. Therefore no law is eternal.

Objection 2: Further, promulgation is essential to law. But promulgation could not be from eternity: because there was no one to whom it could be promulgated from eternity. Therefore no law can be eternal.

Objection 3: Further, a law implies order to an end. But nothing ordained to an end is eternal: for the last end alone is eternal. Therefore no law is eternal.

On the contrary, Augustine says (De Lib. Arb. i, 6): "That Law which is the Supreme Reason cannot be understood to be otherwise than unchangeable and eternal."

I answer that, As stated above (Question [90], Article [1], ad 2; Articles [3],4), a law is nothing else but a dictate of practical reason emanating from the ruler who governs a perfect community. Now it is evident, granted that the world is ruled by Divine Providence, as was stated in the FP, Question [22], Articles [1],2, that the whole community of the universe is governed by Divine Reason. Wherefore the very Idea of the government of things in God the Ruler of the universe, has the nature of a law. And since the Divine Reason's conception of things is not subject to time but is eternal, according to Prov. 8:23, therefore it is that this kind of law must be called eternal.

Reply to Objection 1: Those things that are not in themselves, exist with God, inasmuch as they are foreknown and preordained by Him, according to Rm. 4:17: "Who calls those things that are not, as those that are." Accordingly the eternal concept of the Divine law bears the character of an eternal law, in so far as it is ordained by God to the government of things foreknown by Him.

Reply to Objection 2: Promulgation is made by word of mouth or in writing; and in both ways the eternal law is promulgated: because both the Divine Word and the writing of the Book of Life are eternal. But the promulgation cannot be from eternity on the part of the creature that hears or reads.

Reply to Objection 3: The law implies order to the end actively, in so far as it directs certain things to the end; but not passively---that is to say, the law itself is not ordained to the end---except accidentally, in a governor whose end is extrinsic to him, and to which end his law must needs be ordained. But the end of the Divine government is God Himself, and His law is not distinct from Himself. Wherefore the eternal law is not ordained to another end.

Index [<< | >>]

First Part of the Second Part [<< | >>]

Question: 91 [<< | >>]

Article: 2 [<< | >>]

Objection 1: It would seem that there is no natural law in us. Because man is governed sufficiently by the eternal law: for Augustine says (De Lib. Arb. i) that "the eternal law is that by which it is right that all things should be most orderly." But nature does not abound in superfluities as neither does she fail in necessaries. Therefore no law is natural to man.

Objection 2: Further, by the law man is directed, in his acts, to the end, as stated above (Question [90], Article [2]). But the directing of human acts to their end is not a function of nature, as is the case in irrational creatures, which act for an end solely by their natural appetite; whereas man acts for an end by his reason and will. Therefore no law is natural to man.

Objection 3: Further, the more a man is free, the less is he under the law. But man is freer than all the animals, on account of his free-will, with which he is endowed above all other animals. Since therefore other animals are not subject to a natural law, neither is man subject to a natural law.

On the contrary, A gloss on Rm. 2:14: "When the Gentiles, who have not the law, do by nature those things that are of the law," comments as follows: "Although they have no written law, yet they have the natural law, whereby each one knows, and is conscious of, what is good and what is evil."

I answer that, As stated above (Question [90], Article [1], ad 1), law, being a rule and measure, can be in a person in two ways: in one way, as in him that rules and measures; in another way, as in that which is ruled and measured, since a thing is ruled and measured, in so far as it partakes of the rule or measure. Wherefore, since all things subject to Divine providence are ruled and measured by the eternal law, as was stated above (Article [1]); it is evident that all things partake somewhat of the eternal law, in so far as, namely, from its being imprinted on them, they derive their respective inclinations to their proper acts and ends. Now among all others, the rational creature is subject to Divine providence in the most excellent way, in so far as it partakes of a share of providence, by being provident both for itself and for others. Wherefore it has a share of the Eternal Reason, whereby it has a natural inclination to its proper act and end: and this participation of the eternal law in the rational creature is called the natural law. Hence the Psalmist after saying (Ps. 4:6): "Offer up the sacrifice of justice," as though someone asked what the works of justice are, adds: "Many say, Who showeth us good things?" in answer to which question he says: "The light of Thy countenance, O Lord, is signed upon us": thus implying that the light of natural reason, whereby we discern what is good and what is evil, which is the function of the natural law, is nothing else than an imprint on us of the Divine light. It is therefore evident that the natural law is nothing else than the rational creature's participation of the eternal law.

Reply to Objection 1: This argument would hold, if the natural law were something different from the eternal law: whereas it is nothing but a participation thereof, as stated above.

Reply to Objection 2: Every act of reason and will in us is based on that which is according to nature, as stated above (Question [10], Article [1]): for every act of reasoning is based on principles that are known naturally, and every act of appetite in respect of the means is derived from the natural appetite in respect of the last end. Accordingly the first direction of our acts to their end must needs be in virtue of the natural law.

Reply to Objection 3: Even irrational animals partake in their own way of the Eternal Reason, just as the rational creature does. But because the rational creature partakes thereof in an intellectual and rational manner, therefore the participation of the eternal law in the rational creature is properly called a law, since a law is something pertaining to reason, as stated above (Question [90], Article [1]). Irrational creatures, however, do not partake thereof in a rational manner, wherefore there is no participation of the eternal law in them, except by way of similitude.

Index [<< | >>]

First Part of the Second Part [<< | >>]

Question: 91 [<< | >>]

Article: 3 [<< | >>]

Objection 1: It would seem that there is not a human law. For the natural law is a participation of the eternal law, as stated above (Article [2]). Now through the eternal law "all things are most orderly," as Augustine states (De Lib. Arb. i, 6). Therefore the natural law suffices for the ordering of all human affairs. Consequently there is no need for a human law.

Objection 2: Further, a law bears the character of a measure, as stated above (Question [90], Article [1]). But human reason is not a measure of things, but vice versa, as stated in Metaph. x, text. 5. Therefore no law can emanate from human reason.

Objection 3: Further, a measure should be most certain, as stated in Metaph. x, text. 3. But the dictates of human reason in matters of conduct are uncertain, according to Wis. 9:14: "The thoughts of mortal men are fearful, and our counsels uncertain." Therefore no law can emanate from human reason.

On the contrary, Augustine (De Lib. Arb. i, 6) distinguishes two kinds of law, the one eternal, the other temporal, which he calls human.

I answer that, As stated above (Question [90], Article [1], ad 2), a law is a dictate of the practical reason. Now it is to be observed that the same procedure takes place in the practical and in the speculative reason: for each proceeds from principles to conclusions, as stated above (De Lib. Arb. i, 6). Accordingly we conclude that just as, in the speculative reason, from naturally known indemonstrable principles, we draw the conclusions of the various sciences, the knowledge of which is not imparted to us by nature, but acquired by the efforts of reason, so too it is from the precepts of the natural law, as from general and indemonstrable principles, that the human reason needs to proceed to the more particular determination of certain matters. These particular determinations, devised by human reason, are called human laws, provided the other essential conditions of law be observed, as stated above (Question [90], Articles [2],3,4). Wherefore Tully says in his Rhetoric (De Invent. Rhet. ii) that "justice has its source in nature; thence certain things came into custom by reason of their utility; afterwards these things which emanated from nature and were approved by custom, were sanctioned by fear and reverence for the law."

Reply to Objection 1: The human reason cannot have a full participation of the dictate of the Divine Reason, but according to its own mode, and imperfectly. Consequently, as on the part of the speculative reason, by a natural participation of Divine Wisdom, there is in us the knowledge of certain general principles, but not proper knowledge of each single truth, such as that contained in the Divine Wisdom; so too, on the part of the practical reason, man has a natural participation of the eternal law, according to certain general principles, but not as regards the particular determinations of individual cases, which are, however, contained in the eternal law. Hence the need for human reason to proceed further to sanction them by law.

Reply to Objection 2: Human reason is not, of itself, the rule of things: but the principles impressed on it by nature, are general rules and measures of all things relating to human conduct, whereof the natural reason is the rule and measure, although it is not the measure of things that are from nature.

Reply to Objection 3: The practical reason is concerned with practical matters, which are singular and contingent: but not with necessary things, with which the speculative reason is concerned. Wherefore human laws cannot have that inerrancy that belongs to the demonstrated conclusions of sciences. Nor is it necessary for every measure to be altogether unerring and certain, but according as it is possible in its own particular genus.

Index [<< | >>]

First Part of the Second Part [<< | >>]

Question: 91 [<< | >>]

Article: 4 [<< | >>]

Objection 1: It would seem that there was no need for a Divine law. Because, as stated above (Article [2]), the natural law is a participation in us of the eternal law. But the eternal law is a Divine law, as stated above (Article [1]). Therefore there was no need for a Divine law in addition to the natural law, and human laws derived therefrom.

Objection 2: Further, it is written (Ecclus. 15:14) that "God left man in the hand of his own counsel." Now counsel is an act of reason, as stated above (Question [14], Article [1]). Therefore man was left to the direction of his reason. But a dictate of human reason is a human law as stated above (Article [3]). Therefore there is no need for man to be governed also by a Divine law.

Objection 3: Further, human nature is more self-sufficing than irrational creatures. But irrational creatures have no Divine law besides the natural inclination impressed on them. Much less, therefore, should the rational creature have a Divine law in addition to the natural law.

On the contrary, David prayed God to set His law before him, saying (Ps. 118:33): "Set before me for a law the way of Thy justifications, O Lord."

I answer that, Besides the natural and the human law it was necessary for the directing of human conduct to have a Divine law. And this for four reasons. First, because it is by law that man is directed how to perform his proper acts in view of his last end. And indeed if man were ordained to no other end than that which is proportionate to his natural faculty, there would be no need for man to have any further direction of the part of his reason, besides the natural law and human law which is derived from it. But since man is ordained to an end of eternal happiness which is inproportionate to man's natural faculty, as stated above (Question [5], Article [5]), therefore it was necessary that, besides the natural and the human law, man should be directed to his end by a law given by God.

Secondly, because, on account of the uncertainty of human judgment, especially on contingent and particular matters, different people form different judgments on human acts; whence also different and contrary laws result. In order, therefore, that man may know without any doubt what he ought to do and what he ought to avoid, it was necessary for man to be directed in his proper acts by a law given by God, for it is certain that such a law cannot err.

Thirdly, because man can make laws in those matters of which he is competent to judge. But man is not competent to judge of interior movements, that are hidden, but only of exterior acts which appear: and yet for the perfection of virtue it is necessary for man to conduct himself aright in both kinds of acts. Consequently human law could not sufficiently curb and direct interior acts; and it was necessary for this purpose that a Divine law should supervene.

Fourthly, because, as Augustine says (De Lib. Arb. i, 5,6), human law cannot punish or forbid all evil deeds: since while aiming at doing away with all evils, it would do away with many good things, and would hinder the advance of the common good, which is necessary for human intercourse. In order, therefore, that no evil might remain unforbidden and unpunished, it was necessary for the Divine law to supervene, whereby all sins are forbidden.

And these four causes are touched upon in Ps. 118:8, where it is said: "The law of the Lord is unspotted," i.e. allowing no foulness of sin; "converting souls," because it directs not only exterior, but also interior acts; "the testimony of the Lord is faithful," because of the certainty of what is true and right; "giving wisdom to little ones," by directing man to an end supernatural and Divine.

Reply to Objection 1: By the natural law the eternal law is participated proportionately to the capacity of human nature. But to his supernatural end man needs to be directed in a yet higher way. Hence the additional law given by God, whereby man shares more perfectly in the eternal law.

Reply to Objection 2: Counsel is a kind of inquiry: hence it must proceed from some principles. Nor is it enough for it to proceed from principles imparted by nature, which are the precepts of the natural law, for the reasons given above: but there is need for certain additional principles, namely, the precepts of the Divine law.

Reply to Objection 3: Irrational creatures are not ordained to an end higher than that which is proportionate to their natural powers: consequently the comparison fails.

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Question: 91 [<< | >>]

Article: 5 [<< | >>]

Objection 1: It would seem that there is but one Divine law. Because, where there is one king in one kingdom there is but one law. Now the whole of mankind is compared to God as to one king, according to Ps. 46:8: "God is the King of all the earth." Therefore there is but one Divine law.

Objection 2: Further, every law is directed to the end which the lawgiver intends for those for whom he makes the law. But God intends one and the same thing for all men; since according to 1 Tim. 2:4: "He will have all men to be saved, and to come to the knowledge of the truth." Therefore there is but one Divine law.

Objection 3: Further, the Divine law seems to be more akin to the eternal law, which is one, than the natural law, according as the revelation of grace is of a higher order than natural knowledge. Therefore much more is the Divine law but one.

On the contrary, The Apostle says (Heb. 7:12): "The priesthood being translated, it is necessary that a translation also be made of the law." But the priesthood is twofold, as stated in the same passage, viz. the levitical priesthood, and the priesthood of Christ. Therefore the Divine law is twofold, namely the Old Law and the New Law.

I answer that, As stated in the FP, Question [30], Article [3], distinction is the cause of number. Now things may be distinguished in two ways. First, as those things that are altogether specifically different, e.g. a horse and an ox. Secondly, as perfect and imperfect in the same species, e.g. a boy and a man: and in this way the Divine law is divided into Old and New. Hence the Apostle (Gal. 3:24,25) compares the state of man under the Old Law to that of a child "under a pedagogue"; but the state under the New Law, to that of a full grown man, who is "no longer under a pedagogue."

Now the perfection and imperfection of these two laws is to be taken in connection with the three conditions pertaining to law, as stated above. For, in the first place, it belongs to law to be directed to the common good as to its end, as stated above (Question [90], Article [2]). This good may be twofold. It may be a sensible and earthly good; and to this, man was directly ordained by the Old Law: wherefore, at the very outset of the law, the people were invited to the earthly kingdom of the Chananaeans (Ex. 3:8,17). Again it may be an intelligible and heavenly good: and to this, man is ordained by the New Law. Wherefore, at the very beginning of His preaching, Christ invited men to the kingdom of heaven, saying (Mt. 4:17): "Do penance, for the kingdom of heaven is at hand." Hence Augustine says (Contra Faust. iv) that "promises of temporal goods are contained in the Old Testament, for which reason it is called old; but the promise of eternal life belongs to the New Testament."

Secondly, it belongs to the law to direct human acts according to the order of righteousness (Article [4]): wherein also the New Law surpasses the Old Law, since it directs our internal acts, according to Mt. 5:20: "Unless your justice abound more than that of the Scribes and Pharisees, you shall not enter into the kingdom of heaven." Hence the saying that "the Old Law restrains the hand, but the New Law controls the mind" ( Sentent. iii, D, xl).

Thirdly, it belongs to the law to induce men to observe its commandments. This the Old Law did by the fear of punishment: but the New Law, by love, which is poured into our hearts by the grace of Christ, bestowed in the New Law, but foreshadowed in the Old. Hence Augustine says (Contra Adimant. Manich. discip. xvii) that "there is little difference [*The 'little difference' refers to the Latin words 'timor' and 'amor'---'fear' and 'love.'] between the Law and the Gospel---fear and love."

Reply to Objection 1: As the father of a family issues different commands to the children and to the adults, so also the one King, God, in His one kingdom, gave one law to men, while they were yet imperfect, and another more perfect law, when, by the preceding law, they had been led to a greater capacity for Divine things.

Reply to Objection 2: The salvation of man could not be achieved otherwise than through Christ, according to Acts 4:12: "There is no other name . . . given to men, whereby we must be saved." Consequently the law that brings all to salvation could not be given until after the coming of Christ. But before His coming it was necessary to give to the people, of whom Christ was to be born, a law containing certain rudiments of righteousness unto salvation, in order to prepare them to receive Him.

Reply to Objection 3: The natural law directs man by way of certain general precepts, common to both the perfect and the imperfect: wherefore it is one and the same for all. But the Divine law directs man also in certain particular matters, to which the perfect and imperfect do not stand in the same relation. Hence the necessity for the Divine law to be twofold, as already explained.

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Article: 6 [<< | >>]

Objection 1: It would seem that there is no law of the "fomes" of sin. For Isidore says (Etym. v) that the "law is based on reason." But the "fomes" of sin is not based on reason, but deviates from it. Therefore the "fomes" has not the nature of a law.

Objection 2: Further, every law is binding, so that those who do not obey it are called transgressors. But man is not called a transgressor, from not following the instigations of the "fomes"; but rather from his following them. Therefore the "fomes" has not the nature of a law.

Objection 3: Further, the law is ordained to the common good, as stated above (Question [90], Article [2]). But the "fomes" inclines us, not to the common, but to our own private good. Therefore the "fomes" has not the nature of sin.

On the contrary, The Apostle says (Rm. 7:23): "I see another law in my members, fighting against the law of my mind."

I answer that, As stated above (Article [2]; Question [90], Article [1], ad 1), the law, as to its essence, resides in him that rules and measures; but, by way of participation, in that which is ruled and measured; so that every inclination or ordination which may be found in things subject to the law, is called a law by participation, as stated above (Article [2]; Question [90], Article [1], ad 1). Now those who are subject to a law may receive a twofold inclination from the lawgiver. First, in so far as he directly inclines his subjects to something; sometimes indeed different subjects to different acts; in this way we may say that there is a military law and a mercantile law. Secondly, indirectly; thus by the very fact that a lawgiver deprives a subject of some dignity, the latter passes into another order, so as to be under another law, as it were: thus if a soldier be turned out of the army, he becomes a subject of rural or of mercantile legislation.

Accordingly under the Divine Lawgiver various creatures have various natural inclinations, so that what is, as it were, a law for one, is against the law for another: thus I might say that fierceness is, in a way, the law of a dog, but against the law of a sheep or another meek animal. And so the law of man, which, by the Divine ordinance, is allotted to him, according to his proper natural condition, is that he should act in accordance with reason: and this law was so effective in the primitive state, that nothing either beside or against reason could take man unawares. But when man turned his back on God, he fell under the influence of his sensual impulses: in fact this happens to each one individually, the more he deviates from the path of reason, so that, after a fashion, he is likened to the beasts that are led by the impulse of sensuality, according to Ps. 48:21: "Man, when he was in honor, did not understand: he hath been compared to senseless beasts, and made like to them."

So, then, this very inclination of sensuality which is called the "fomes," in other animals has simply the nature of a law (yet only in so far as a law may be said to be in such things), by reason of a direct inclination. But in man, it has not the nature of law in this way, rather is it a deviation from the law of reason. But since, by the just sentence of God, man is destitute of original justice, and his reason bereft of its vigor, this impulse of sensuality, whereby he is led, in so far as it is a penalty following from the Divine law depriving man of his proper dignity, has the nature of a law.

Reply to Objection 1: This argument considers the "fomes" in itself, as an incentive to evil. It is not thus that it has the nature of a law, as stated above, but according as it results from the justice of the Divine law: it is as though we were to say that the law allows a nobleman to be condemned to hard labor for some misdeed.

Reply to Objection 2: This argument considers law in the light of a rule or measure: for it is in this sense that those who deviate from the law become transgressors. But the "fomes" is not a law in this respect, but by a kind of participation, as stated above.

Reply to Objection 3: This argument considers the "fomes" as to its proper inclination, and not as to its origin. And yet if the inclination of sensuality be considered as it is in other animals, thus it is ordained to the common good, namely, to the preservation of nature in the species or in the individual. And this is in man also, in so far as sensuality is subject to reason. But it is called "fomes" in so far as it strays from the order of reason.

This document (last modified January 11, 1998) from the Christian Classics Ethereal Library server, at Wheaton College

(Benziger Bros. edition, 1947)

Translated by

Fathers of the English Dominican Province

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Question: 92 [<< | >>]

We must now consider the effects of law; under which head there are two points of inquiry:

(1) Whether an effect of law is to make men good?

(2) Whether the effects of law are to command, to forbid, to permit, and to punish, as the Jurist states?

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Article: 1 [<< | >>]

Objection 1: It seems that it is not an effect of law to make men good. For men are good through virtue, since virtue, as stated in Ethic. ii, 6 is "that which makes its subject good." But virtue is in man from God alone, because He it is Who "works it in us without us," as we stated above (Question [55], Article [4]) in giving the definition of virtue. Therefore the law does not make men good.

Objection 2: Further, Law does not profit a man unless he obeys it. But the very fact that a man obeys a law is due to his being good. Therefore in man goodness is presupposed to the law. Therefore the law does not make men good.

Objection 3: Further, Law is ordained to the common good, as stated above (Question [90], Article [2]). But some behave well in things regarding the community, who behave ill in things regarding themselves. Therefore it is not the business of the law to make men good.

Objection 4: Further, some laws are tyrannical, as the Philosopher says (Polit. iii, 6). But a tyrant does not intend the good of his subjects, but considers only his own profit. Therefore law does not make men good.

On the contrary, The Philosopher says (Ethic. ii, 1) that the "intention of every lawgiver is to make good citizens."

I answer that, as stated above (Question [90], Article [1], ad 2; Articles [3],4), a law is nothing else than a dictate of reason in the ruler by whom his subjects are governed. Now the virtue of any subordinate thing consists in its being well subordinated to that by which it is regulated: thus we see that the virtue of the irascible and concupiscible faculties consists in their being obedient to reason; and accordingly "the virtue of every subject consists in his being well subjected to his ruler," as the Philosopher says (Polit. i). But every law aims at being obeyed by those who are subject to it. Consequently it is evident that the proper effect of law is to lead its subjects to their proper virtue: and since virtue is "that which makes its subject good," it follows that the proper effect of law is to make those to whom it is given, good, either simply or in some particular respect. For if the intention of the lawgiver is fixed on true good, which is the common good regulated according to Divine justice, it follows that the effect of the law is to make men good simply. If, however, the intention of the lawgiver is fixed on that which is not simply good, but useful or pleasurable to himself, or in opposition to Divine justice; then the law does not make men good simply, but in respect to that particular government. In this way good is found even in things that are bad of themselves: thus a man is called a good robber, because he works in a way that is adapted to his end.

Reply to Objection 1: Virtue is twofold, as explained above (Question [63], Article [2]), viz. acquired and infused. Now the fact of being accustomed to an action contributes to both, but in different ways; for it causes the acquired virtue; while it disposes to infused virtue, and preserves and fosters it when it already exists. And since law is given for the purpose of directing human acts; as far as human acts conduce to virtue, so far does law make men good. Wherefore the Philosopher says in the second book of the Politics (Ethic. ii) that "lawgivers make men good by habituating them to good works."

Reply to Objection 2: It is not always through perfect goodness of virtue that one obeys the law, but sometimes it is through fear of punishment, and sometimes from the mere dictates of reason, which is a beginning of virtue, as stated above (Question [63], Article [1]).

Reply to Objection 3: The goodness of any part is considered in comparison with the whole; hence Augustine says (Confess. iii) that "unseemly is the part that harmonizes not with the whole." Since then every man is a part of the state, it is impossible that a man be good, unless he be well proportionate to the common good: nor can the whole be well consistent unless its parts be proportionate to it. Consequently the common good of the state cannot flourish, unless the citizens be virtuous, at least those whose business it is to govern. But it is enough for the good of the community, that the other citizens be so far virtuous that they obey the commands of their rulers. Hence the Philosopher says (Polit. ii, 2) that "the virtue of a sovereign is the same as that of a good man, but the virtue of any common citizen is not the same as that of a good man."

Reply to Objection 4: A tyrannical law, through not being according to reason, is not a law, absolutely speaking, but rather a perversion of law; and yet in so far as it is something in the nature of a law, it aims at the citizens' being good. For all it has in the nature of a law consists in its being an ordinance made by a superior to his subjects, and aims at being obeyed by them, which is to make them good, not simply, but with respect to that particular government.

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Article: 2 [<< | >>]

Objection 1: It would seem that the acts of law are not suitably assigned as consisting in "command," "prohibition," "permission" and "punishment." For "every law is a general precept," as the jurist states. But command and precept are the same. Therefore the other three are superfluous.

Objection 2: Further, the effect of a law is to induce its subjects to be good, as stated above (Article [1]). But counsel aims at a higher good than a command does. Therefore it belongs to law to counsel rather than to command.

Objection 3: Further, just as punishment stirs a man to good deeds, so does reward. Therefore if to punish is reckoned an effect of law, so also is to reward.

Objection 4: Further, the intention of a lawgiver is to make men good, as stated above (Article [1]). But he that obeys the law, merely through fear of being punished, is not good: because "although a good deed may be done through servile fear, i.e. fear of punishment, it is not done well," as Augustine says (Contra duas Epist. Pelag. ii). Therefore punishment is not a proper effect of law.

On the contrary, Isidore says (Etym. v, 19): "Every law either permits something, as: 'A brave man may demand his reward'": or forbids something, as: "No man may ask a consecrated virgin in marriage": or punishes, as: "Let him that commits a murder be put to death."

I answer that, Just as an assertion is a dictate of reason asserting something, so is a law a dictate of reason, commanding something. Now it is proper to reason to lead from one thing to another. Wherefore just as, in demonstrative sciences, the reason leads us from certain principles to assent to the conclusion, so it induces us by some means to assent to the precept of the law.

Now the precepts of law are concerned with human acts, in which the law directs, as stated above (Question [90], Articles [1],2; Question [91], Article [4]). Again there are three kinds of human acts: for, as stated above (Question [18], Article [8]), some acts are good generically, viz. acts of virtue; and in respect of these the act of the law is a precept or command, for "the law commands all acts of virtue" (Ethic. v, 1). Some acts are evil generically, viz. acts of vice, and in respect of these the law forbids. Some acts are generically indifferent, and in respect of these the law permits; and all acts that are either not distinctly good or not distinctly bad may be called indifferent. And it is the fear of punishment that law makes use of in order to ensure obedience: in which respect punishment is an effect of law.

Reply to Objection 1: Just as to cease from evil is a kind of good, so a prohibition is a kind of precept: and accordingly, taking precept in a wide sense, every law is a kind of precept.

Reply to Objection 2: To advise is not a proper act of law, but may be within the competency even of a private person, who cannot make a law. Wherefore too the Apostle, after giving a certain counsel (1 Cor. 7:12) says: "I speak, not the Lord." Consequently it is not reckoned as an effect of law.

Reply to Objection 3: To reward may also pertain to anyone: but to punish pertains to none but the framer of the law, by whose authority the pain is inflicted. Wherefore to reward is not reckoned an effect of law, but only to punish.

Reply to Objection 4: From becoming accustomed to avoid evil and fulfill what is good, through fear of punishment, one is sometimes led on to do so likewise, with delight and of one's own accord. Accordingly, law, even by punishing, leads men on to being good.

This document (last modified January 11, 1998) from the Christian Classics Ethereal Library server, at Wheaton College

(Benziger Bros. edition, 1947)

Translated by

Fathers of the English Dominican Province

Index [<< | >>]

First Part of the Second Part [<< | >>]

Question: 93 [<< | >>]

We must now consider each law by itself; and (1) The eternal law; (2) The natural law; (3) The human law; (4) The old law; (5) The new law, which is the law of the Gospel. Of the sixth law which is the law of the "fomes," suffice what we have said when treating of original sin.

Concerning the first there are six points of inquiry:

(1) What is the eternal law?

(2) Whether it is known to all?

(3) Whether every law is derived from it?

(4) Whether necessary things are subject to the eternal law?

(5) Whether natural contingencies are subject to the eternal law?

(6) Whether all human things are subject to it?

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Question: 93 [<< | >>]

Article: 1 [<< | >>]

Objection 1: It would seem that the eternal law is not a sovereign type existing in God. For there is only one eternal law. But there are many types of things in the Divine mind; for Augustine says (Qq. lxxxiii, qu. 46) that God "made each thing according to its type." Therefore the eternal law does not seem to be a type existing in the Divine mind.

Objection 2: Further, it is essential to a law that it be promulgated by word, as stated above (Question [90], Article [4]). But Word is a Personal name in God, as stated in the FP, Question [34], Article [1]: whereas type refers to the Essence. Therefore the eternal law is not the same as a Divine type.

Objection 3: Further, Augustine says (De Vera Relig. xxx): "We see a law above our minds, which is called truth." But the law which is above our minds is the eternal law. Therefore truth is the eternal law. But the idea of truth is not the same as the idea of a type. Therefore the eternal law is not the same as the sovereign type.

On the contrary, Augustine says (De Lib. Arb. i, 6) that "the eternal law is the sovereign type, to which we must always conform."

I answer that, Just as in every artificer there pre-exists a type of the things that are made by his art, so too in every governor there must pre-exist the type of the order of those things that are to be done by those who are subject to his government. And just as the type of the things yet to be made by an art is called the art or exemplar of the products of that art, so too the type in him who governs the acts of his subjects, bears the character of a law, provided the other conditions be present which we have mentioned above (Question [90]). Now God, by His wisdom, is the Creator of all things in relation to which He stands as the artificer to the products of his art, as stated in the FP, Question [14], Article [8]. Moreover He governs all the acts and movements that are to be found in each single creature, as was also stated in the FP, Question [103], Article [5]. Wherefore as the type of the Divine Wisdom, inasmuch as by It all things are created, has the character of art, exemplar or idea; so the type of Divine Wisdom, as moving all things to their due end, bears the character of law. Accordingly the eternal law is nothing else than the type of Divine Wisdom, as directing all actions and movements.

Reply to Objection 1: Augustine is speaking in that passage of the ideal types which regard the proper nature of each single thing; and consequently in them there is a certain distinction and plurality, according to their different relations to things, as stated in the FP, Question [15], Article [2]. But law is said to direct human acts by ordaining them to the common good, as stated above (Question [90], Article [2]). And things, which are in themselves different, may be considered as one, according as they are ordained to one common thing. Wherefore the eternal law is one since it is the type of this order.

Reply to Objection 2: With regard to any sort of word, two points may be considered: viz. the word itself, and that which is expressed by the word. For the spoken word is something uttered by the mouth of man, and expresses that which is signified by the human word. The same applies to the human mental word, which is nothing else that something conceived by the mind, by which man expresses his thoughts mentally. So then in God the Word conceived by the intellect of the Father is the name of a Person: but all things that are in the Father's knowledge, whether they refer to the Essence or to the Persons, or to the works of God, are expressed by this Word, as Augustine declares (De Trin. xv, 14). And among other things expressed by this Word, the eternal law itself is expressed thereby. Nor does it follow that the eternal law is a Personal name in God: yet it is appropriated to the Son, on account of the kinship between type and word.

Reply to Objection 3: The types of the Divine intellect do not stand in the same relation to things, as the types of the human intellect. For the human intellect is measured by things, so that a human concept is not true by reason of itself, but by reason of its being consonant with things, since "an opinion is true or false according as it answers to the reality." But the Divine intellect is the measure of things: since each thing has so far truth in it, as it represents the Divine intellect, as was stated in the FP, Question [16], Article [1]. Consequently the Divine intellect is true in itself; and its type is truth itself.

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Article: 2 [<< | >>]

Objection 1: It would seem that the eternal law is not known to all. Because, as the Apostle says (1 Cor. 2:11), "the things that are of God no man knoweth, but the Spirit of God." But the eternal law is a type existing in the Divine mind. Therefore it is unknown to all save God alone.

Objection 2: Further, as Augustine says (De Lib. Arb. i, 6) "the eternal law is that by which it is right that all things should be most orderly." But all do not know how all things are most orderly. Therefore all do not know the eternal law.

Objection 3: Further, Augustine says (De Vera Relig. xxxi) that "the eternal law is not subject to the judgment of man." But according to Ethic. i, "any man can judge well of what he knows." Therefore the eternal law is not known to us.

On the contrary, Augustine says (De Lib. Arb. i, 6) that "knowledge of the eternal law is imprinted on us."

I answer that, A thing may be known in two ways: first, in itself; secondly, in its effect, wherein some likeness of that thing is found: thus someone not seeing the sun in its substance, may know it by its rays. So then no one can know the eternal law, as it is in itself, except the blessed who see God in His Essence. But every rational creature knows it in its reflection, greater or less. For every knowledge of truth is a kind of reflection and participation of the eternal law, which is the unchangeable truth, as Augustine says (De Vera Relig. xxxi). Now all men know the truth to a certain extent, at least as to the common principles of the natural law: and as to the others, they partake of the knowledge of truth, some more, some less; and in this respect are more or less cognizant of the eternal law.

Reply to Objection 1: We cannot know the things that are of God, as they are in themselves; but they are made known to us in their effects, according to Rm. 1:20: "The invisible things of God . . . are clearly seen, being understood by the things that are made."

Reply to Objection 2: Although each one knows the eternal law according to his own capacity, in the way explained above, yet none can comprehend it: for it cannot be made perfectly known by its effects. Therefore it does not follow that anyone who knows the eternal law in the way aforesaid, knows also the whole order of things, whereby they are most orderly.

Reply to Objection 3: To judge a thing may be understood in two ways. First, as when a cognitive power judges of its proper object, according to Job 12:11: "Doth not the ear discern words, and the palate of him that eateth, the taste?" It is to this kind of judgment that the Philosopher alludes when he says that "anyone can judge well of what he knows," by judging, namely, whether what is put forward is true. In another way we speak of a superior judging of a subordinate by a kind of practical judgment, as to whether he should be such and such or not. And thus none can judge of the eternal law.

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Question: 93 [<< | >>]

Article: 3 [<< | >>]

Objection 1: It would seem that not every law is derived from the eternal law. For there is a law of the "fomes," as stated above (Question [91], Article [6]), which is not derived from that Divine law which is the eternal law, since thereunto pertains the "prudence of the flesh," of which the Apostle says (Rm. 8:7), that "it cannot be subject to the law of God." Therefore not every law is derived from the eternal law.

Objection 2: Further, nothing unjust can be derived from the eternal law, because, as stated above (Article [2], Objection [2]), "the eternal law is that, according to which it is right that all things should be most orderly." But some laws are unjust, according to Is. 10:1: "Woe to them that make wicked laws." Therefore not every law is derived from the eternal law.

Objection 3: Further, Augustine says (De Lib. Arb. i, 5) that "the law which is framed for ruling the people, rightly permits many things which are punished by Divine providence." But the type of Divine providence is the eternal law, as stated above (Article [1]). Therefore not even every good law is derived from the eternal law.

On the contrary, Divine Wisdom says (Prov. 8:15): "By Me kings reign, and lawgivers decree just things." But the type of Divine Wisdom is the eternal law, as stated above (Article [1]). Therefore all laws proceed from the eternal law.

I answer that, As stated above (Question [90], Articles [1],2), the law denotes a kind of plan directing acts towards an end. Now wherever there are movers ordained to one another, the power of the second mover must needs be derived from the power of the first mover; since the second mover does not move except in so far as it is moved by the first. Wherefore we observe the same in all those who govern, so that the plan of government is derived by secondary governors from the governor in chief; thus the plan of what is to be done in a state flows from the king's command to his inferior administrators: and again in things of art the plan of whatever is to be done by art flows from the chief craftsman to the under-crafts-men, who work with their hands. Since then the eternal law is the plan of government in the Chief Governor, all the plans of government in the inferior governors must be derived from the eternal law. But these plans of inferior governors are all other laws besides the eternal law. Therefore all laws, in so far as they partake of right reason, are derived from the eternal law. Hence Augustine says (De Lib. Arb. i, 6) that "in temporal law there is nothing just and lawful, but what man has drawn from the eternal law."

Reply to Objection 1: The "fomes" has the nature of law in man, in so far as it is a punishment resulting from Divine justice; and in this respect it is evident that it is derived from the eternal law. But in so far as it denotes a proneness to sin, it is contrary to the Divine law, and has not the nature of law, as stated above (Question [91], Article [6]).

Reply to Objection 2: Human law has the nature of law in so far as it partakes of right reason; and it is clear that, in this respect, it is derived from the eternal law. But in so far as it deviates from reason, it is called an unjust law, and has the nature, not of law but of violence. Nevertheless even an unjust law, in so far as it retains some appearance of law, though being framed by one who is in power, is derived from the eternal law; since all power is from the Lord God, according to Rm. 13:1.

Reply to Objection 3: Human law is said to permit certain things, not as approving them, but as being unable to direct them. And many things are directed by the Divine law, which human law is unable to direct, because more things are subject to a higher than to a lower cause. Hence the very fact that human law does not meddle with matters it cannot direct, comes under the ordination of the eternal law. It would be different, were human law to sanction what the eternal law condemns. Consequently it does not follow that human law is not derived from the eternal law, but that it is not on a perfect equality with it.

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Objection 1: It would seem that necessary and eternal things are subject to the eternal law. For whatever is reasonable is subject to reason. But the Divine will is reasonable, for it is just. Therefore it is subject to (the Divine) reason. But the eternal law is the Divine reason. Therefore God's will is subject to the eternal law. But God's will is eternal. Therefore eternal and necessary things are subject to the eternal law.

Objection 2: Further, whatever is subject to the King, is subject to the King's law. Now the Son, according to 1 Cor. 15:28,24, "shall be subject . . . to God and the Father . . . when He shall have delivered up the Kingdom to Him." Therefore the Son, Who is eternal, is subject to the eternal law.

Objection 3: Further, the eternal law is Divine providence as a type. But many necessary things are subject to Divine providence: for instance, the stability of incorporeal substances and of the heavenly bodies. Therefore even necessary things are subject to the eternal law.

On the contrary, Things that are necessary cannot be otherwise, and consequently need no restraining. But laws are imposed on men, in order to restrain them from evil, as explained above (Question [92], Article [2]). Therefore necessary things are not subject to the eternal law.

I answer that, As stated above (Article [1]), the eternal law is the type of the Divine government. Consequently whatever is subject to the Divine government, is subject to the eternal law: while if anything is not subject to the Divine government, neither is it subject to the eternal law. The application of this distinction may be gathered by looking around us. For those things are subject to human government, which can be done by man; but what pertains to the nature of man is not subject to human government; for instance, that he should have a soul, hands, or feet. Accordingly all that is in things created by God, whether it be contingent or necessary, is subject to the eternal law: while things pertaining to the Divine Nature or Essence are not subject to the eternal law, but are the eternal law itself.

Reply to Objection 1: We may speak of God's will in two ways. First, as to the will itself: and thus, since God's will is His very Essence, it is subject neither to the Divine government, nor to the eternal law, but is the same thing as the eternal law. Secondly, we may speak of God's will, as to the things themselves that God wills about creatures; which things are subject to the eternal law, in so far as they are planned by Divine Wisdom. In reference to these things God's will is said to be reasonable [rationalis]: though regarded in itself it should rather be called their type [ratio].

Reply to Objection 2: God the Son was not made by God, but was naturally born of God. Consequently He is not subject to Divine providence or to the eternal law: but rather is Himself the eternal law by a kind of appropriation, as Augustine explains (De Vera Relig. xxxi). But He is said to be subject to the Father by reason of His human nature, in respect of which also the Father is said to be greater than He.

The third objection we grant, because it deals with those necessary things that are created.

Reply to Objection 4: As the Philosopher says (Metaph. v, text. 6), some necessary things have a cause of their necessity: and thus they derive from something else the fact that they cannot be otherwise. And this is in itself a most effective restraint; for whatever is restrained, is said to be restrained in so far as it cannot do otherwise than it is allowed to.

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Objection 1: It would seem that natural contingents are not subject to the eternal law. Because promulgation is essential to law, as stated above (Question [90], Article [4]). But a law cannot be promulgated except to rational creatures, to whom it is possible to make an announcement. Therefore none but rational creatures are subject to the eternal law; and consequently natural contingents are not.

Objection 2: Further, "Whatever obeys reason partakes somewhat of reason," as stated in Ethic. i. But the eternal law, is the supreme type, as stated above (Article [1]). Since then natural contingents do not partake of reason in any way, but are altogether void of reason, it seems that they are not subject to the eternal law.

Objection 3: Further, the eternal law is most efficient. But in natural contingents defects occur. Therefore they are not subject to the eternal law.

On the contrary, It is written (Prov. 8:29): "When He compassed the sea with its bounds, and set a law to the waters, that they should not pass their limits."

I answer that, We must speak otherwise of the law of man, than of the eternal law which is the law of God. For the law of man extends only to rational creatures subject to man. The reason of this is because law directs the actions of those that are subject to the government of someone: wherefore, properly speaking, none imposes a law on his own actions. Now whatever is done regarding the use of irrational things subject to man, is done by the act of man himself moving those things, for these irrational creatures do not move themselves, but are moved by others, as stated above (Question [1], Article [2]). Consequently man cannot impose laws on irrational beings, however much they may be subject to him. But he can impose laws on rational beings subject to him, in so far as by his command or pronouncement of any kind, he imprints on their minds a rule which is a principle of action.

Now just as man, by such pronouncement, impresses a kind of inward principle of action on the man that is subject to him, so God imprints on the whole of nature the principles of its proper actions. And so, in this way, God is said to command the whole of nature, according to Ps. 148:6: "He hath made a decree, and it shall not pass away." And thus all actions and movements of the whole of nature are subject to the eternal law. Consequently irrational creatures are subject to the eternal law, through being moved by Divine providence; but not, as rational creatures are, through understanding the Divine commandment.

Reply to Objection 1: The impression of an inward active principle is to natural things, what the promulgation of law is to men: because law, by being promulgated, imprints on man a directive principle of human actions, as stated above.

Reply to Objection 2: Irrational creatures neither partake of nor are obedient to human reason: whereas they do partake of the Divine Reason by obeying it; because the power of Divine Reason extends over more things than human reason does. And as the members of the human body are moved at the command of reason, and yet do not partake of reason, since they have no apprehension subordinate to reason; so too irrational creatures are moved by God, without, on that account, being rational.

Reply to Objection 3: Although the defects which occur in natural things are outside the order of particular causes, they are not outside the order of universal causes, especially of the First Cause, i.e. God, from Whose providence nothing can escape, as stated in the FP, Question [22], Article [2]. And since the eternal law is the type of Divine providence, as stated above (Article [1]), hence the defects of natural things are subject to the eternal law.

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Article: 6 [<< | >>]

Objection 1: It would seem that not all human affairs are subject to the eternal law. For the Apostle says (Gal. 5:18): "If you are led by the spirit you are not under the law." But the righteous who are the sons of God by adoption, are led by the spirit of God, according to Rm. 8:14: "Whosoever are led by the spirit of God, they are the sons of God." Therefore not all men are under the eternal law.

Objection 2: Further, the Apostle says (Rm. 8:7): "The prudence [Vulg.: 'wisdom'] of the flesh is an enemy to God: for it is not subject to the law of God." But many are those in whom the prudence of the flesh dominates. Therefore all men are not subject to the eternal law which is the law of God.

Objection 3: Further, Augustine says (De Lib. Arb. i, 6) that "the eternal law is that by which the wicked deserve misery, the good, a life of blessedness." But those who are already blessed, and those who are already lost, are not in the state of merit. Therefore they are not under the eternal law.

On the contrary, Augustine says (De Civ. Dei xix, 12): "Nothing evades the laws of the most high Creator and Governor, for by Him the peace of the universe is administered."

I answer that, There are two ways in which a thing is subject to the eternal law, as explained above (Article [5]): first, by partaking of the eternal law by way of knowledge; secondly, by way of action and passion, i.e. by partaking of the eternal law by way of an inward motive principle: and in this second way, irrational creatures are subject to the eternal law, as stated above (Article [5]). But since the rational nature, together with that which it has in common with all creatures, has something proper to itself inasmuch as it is rational, consequently it is subject to the eternal law in both ways; because while each rational creature has some knowledge of the eternal law, as stated above (Article [2]), it also has a natural inclination to that which is in harmony with the eternal law; for "we are naturally adapted to the recipients of virtue" (Ethic. ii, 1).

Both ways, however, are imperfect, and to a certain extent destroyed, in the wicked; because in them the natural inclination to virtue is corrupted by vicious habits, and, moreover, the natural knowledge of good is darkened by passions and habits of sin. But in the good both ways are found more perfect: because in them, besides the natural knowledge of good, there is the added knowledge of faith and wisdom; and again, besides the natural inclination to good, there is the added motive of grace and virtue.

Accordingly, the good are perfectly subject to the eternal law, as always acting according to it: whereas the wicked are subject to the eternal law, imperfectly as to their actions, indeed, since both their knowledge of good, and their inclination thereto, are imperfect; but this imperfection on the part of action is supplied on the part of passion, in so far as they suffer what the eternal law decrees concerning them, according as they fail to act in harmony with that law. Hence Augustine says (De Lib. Arb. i, 15): "I esteem that the righteous act according to the eternal law; and (De Catech. Rud. xviii): Out of the just misery of the souls which deserted Him, God knew how to furnish the inferior parts of His creation with most suitable laws."

Reply to Objection 1: This saying of the Apostle may be understood in two ways. First, so that a man is said to be under the law, through being pinned down thereby, against his will, as by a load. Hence, on the same passage a gloss says that "he is under the law, who refrains from evil deeds, through fear of punishment threatened by the law, and not from love of virtue." In this way the spiritual man is not under the law, because he fulfils the law willingly, through charity which is poured into his heart by the Holy Ghost. Secondly, it can be understood as meaning that the works of a man, who is led by the Holy Ghost, are the works of the Holy Ghost rather than his own. Therefore, since the Holy Ghost is not under the law, as neither is the Son, as stated above (Article [4], ad 2); it follows that such works, in so far as they are of the Holy Ghost, are not under the law. The Apostle witnesses to this when he says (2 Cor. 3:17): "Where the Spirit of the Lord is, there is liberty."

Reply to Objection 2: The prudence of the flesh cannot be subject to the law of God as regards action; since it inclines to actions contrary to the Divine law: yet it is subject to the law of God, as regards passion; since it deserves to suffer punishment according to the law of Divine justice. Nevertheless in no man does the prudence of the flesh dominate so far as to destroy the whole good of his nature: and consequently there remains in man the inclination to act in accordance with the eternal law. For we have seen above (Question [85], Article [2]) that sin does not destroy entirely the good of nature.

Reply to Objection 3: A thing is maintained in the end and moved towards the end by one and the same cause: thus gravity which makes a heavy body rest in the lower place is also the cause of its being moved thither. We therefore reply that as it is according to the eternal law that some deserve happiness, others unhappiness, so is it by the eternal law that some are maintained in a happy state, others in an unhappy state. Accordingly both the blessed and the damned are under the eternal law.

This document (last modified January 11, 1998) from the Christian Classics Ethereal Library server, at Wheaton College

(Benziger Bros. edition, 1947)

Translated by

Fathers of the English Dominican Province

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Question: 94 [<< | >>]

We must now consider the natural law; concerning which there are six points of inquiry:

(1) What is the natural law?

(2) What are the precepts of the natural law?

(3) Whether all acts of virtue are prescribed by the natural law?

(4) Whether the natural law is the same in all?

(5) Whether it is changeable?

(6) Whether it can be abolished from the heart of man?

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Question: 94 [<< | >>]

Article: 1 [<< | >>]

Objection 1: It would seem that the natural law is a habit. Because, as the Philosopher says (Ethic. ii, 5), "there are three things in the soul: power, habit, and passion." But the natural law is not one of the soul's powers: nor is it one of the passions; as we may see by going through them one by one. Therefore the natural law is a habit.

Objection 2: Further, Basil [*Damascene, De Fide Orth. iv, 22] says that the conscience or "synderesis is the law of our mind"; which can only apply to the natural law. But the "synderesis" is a habit, as was shown in the FP, Question [79], Article [12]. Therefore the natural law is a habit.

Objection 3: Further, the natural law abides in man always, as will be shown further on (Article [6]). But man's reason, which the law regards, does not always think about the natural law. Therefore the natural law is not an act, but a habit.

On the contrary, Augustine says (De Bono Conjug. xxi) that "a habit is that whereby something is done when necessary." But such is not the natural law: since it is in infants and in the damned who cannot act by it. Therefore the natural law is not a habit.

I answer that, A thing may be called a habit in two ways. First, properly and essentially: and thus the natural law is not a habit. For it has been stated above (Question [90], Article [1], ad 2) that the natural law is something appointed by reason, just as a proposition is a work of reason. Now that which a man does is not the same as that whereby he does it: for he makes a becoming speech by the habit of grammar. Since then a habit is that by which we act, a law cannot be a habit properly and essentially.

Secondly, the term habit may be applied to that which we hold by a habit: thus faith may mean that which we hold by faith. And accordingly, since the precepts of the natural law are sometimes considered by reason actually, while sometimes they are in the reason only habitually, in this way the natural law may be called a habit. Thus, in speculative matters, the indemonstrable principles are not the habit itself whereby we hold those principles, but are the principles the habit of which we possess.

Reply to Objection 1: The Philosopher proposes there to discover the genus of virtue; and since it is evident that virtue is a principle of action, he mentions only those things which are principles of human acts, viz. powers, habits and passions. But there are other things in the soul besides these three: there are acts; thus "to will" is in the one that wills; again, things known are in the knower; moreover its own natural properties are in the soul, such as immortality and the like.

Reply to Objection 2: "Synderesis" is said to be the law of our mind, because it is a habit containing the precepts of the natural law, which are the first principles of human actions.

Reply to Objection 3: This argument proves that the natural law is held habitually; and this is granted.

To the argument advanced in the contrary sense we reply that sometimes a man is unable to make use of that which is in him habitually, on account of some impediment: thus, on account of sleep, a man is unable to use the habit of science. In like manner, through the deficiency of his age, a child cannot use the habit of understanding of principles, or the natural law, which is in him habitually.

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Article: 2 [<< | >>]

Objection 1: It would seem that the natural law contains, not several precepts, but one only. For law is a kind of precept, as stated above (Question [92], Article [2]). If therefore there were many precepts of the natural law, it would follow that there are also many natural laws.

Objection 2: Further, the natural law is consequent to human nature. But human nature, as a whole, is one; though, as to its parts, it is manifold. Therefore, either there is but one precept of the law of nature, on account of the unity of nature as a whole; or there are many, by reason of the number of parts of human nature. The result would be that even things relating to the inclination of the concupiscible faculty belong to the natural law.

Objection 3: Further, law is something pertaining to reason, as stated above (Question [90], Article [1]). Now reason is but one in man. Therefore there is only one precept of the natural law.

On the contrary, The precepts of the natural law in man stand in relation to practical matters, as the first principles to matters of demonstration. But there are several first indemonstrable principles. Therefore there are also several precepts of the natural law.

I answer that, As stated above (Question [91], Article [3]), the precepts of the natural law are to the practical reason, what the first principles of demonstrations are to the speculative reason; because both are self-evident principles. Now a thing is said to be self-evident in two ways: first, in itself; secondly, in relation to us. Any proposition is said to be self-evident in itself, if its predicate is contained in the notion of the subject: although, to one who knows not the definition of the subject, it happens that such a proposition is not self-evident. For instance, this proposition, "Man is a rational being," is, in its very nature, self-evident, since who says "man," says "a rational being": and yet to one who knows not what a man is, this proposition is not self-evident. Hence it is that, as Boethius says (De Hebdom.), certain axioms or propositions are universally self-evident to all; and such are those propositions whose terms are known to all, as, "Every whole is greater than its part," and, "Things equal to one and the same are equal to one another." But some propositions are self-evident only to the wise, who understand the meaning of the terms of such propositions: thus to one who understands that an angel is not a body, it is self-evident that an angel is not circumscriptively in a place: but this is not evident to the unlearned, for they cannot grasp it.

Now a certain order is to be found in those things that are apprehended universally. For that which, before aught else, falls under apprehension, is "being," the notion of which is included in all things whatsoever a man apprehends. Wherefore the first indemonstrable principle is that "the same thing cannot be affirmed and denied at the same time," which is based on the notion of "being" and "not-being": and on this principle all others are based, as is stated in Metaph. iv, text. 9. Now as "being" is the first thing that falls under the apprehension simply, so "good" is the first thing that falls under the apprehension of the practical reason, which is directed to action: since every agent acts for an end under the aspect of good. Consequently the first principle of practical reason is one founded on the notion of good, viz. that "good is that which all things seek after." Hence this is the first precept of law, that "good is to be done and pursued, and evil is to be avoided." All other precepts of the natural law are based upon this: so that whatever the practical reason naturally apprehends as man's good (or evil) belongs to the precepts of the natural law as something to be done or avoided.

Since, however, good has the nature of an end, and evil, the nature of a contrary, hence it is that all those things to which man has a natural inclination, are naturally apprehended by reason as being good, and consequently as objects of pursuit, and their contraries as evil, and objects of avoidance. Wherefore according to the order of natural inclinations, is the order of the precepts of the natural law. Because in man there is first of all an inclination to good in accordance with the nature which he has in common with all substances: inasmuch as every substance seeks the preservation of its own being, according to its nature: and by reason of this inclination, whatever is a means of preserving human life, and of warding off its obstacles, belongs to the natural law. Secondly, there is in man an inclination to things that pertain to him more specially, according to that nature which he has in common with other animals: and in virtue of this inclination, those things are said to belong to the natural law, "which nature has taught to all animals" [*Pandect. Just. I, tit. i], such as sexual intercourse, education of offspring and so forth. Thirdly, there is in man an inclination to good, according to the nature of his reason, which nature is proper to him: thus man has a natural inclination to know the truth about God, and to live in society: and in this respect, whatever pertains to this inclination belongs to the natural law; for instance, to shun ignorance, to avoid offending those among whom one has to live, and other such things regarding the above inclination.

Reply to Objection 1: All these precepts of the law of nature have the character of one natural law, inasmuch as they flow from one first precept.

Reply to Objection 2: All the inclinations of any parts whatsoever of human nature, e.g. of the concupiscible and irascible parts, in so far as they are ruled by reason, belong to the natural law, and are reduced to one first precept, as stated above: so that the precepts of the natural law are many in themselves, but are based on one common foundation.

Reply to Objection 3: Although reason is one in itself, yet it directs all things regarding man; so that whatever can be ruled by reason, is contained under the law of reason.

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Article: 3 [<< | >>]

Objection 1: It would seem that not all acts of virtue are prescribed by the natural law. Because, as stated above (Question [90], Article [2]) it is essential to a law that it be ordained to the common good. But some acts of virtue are ordained to the private good of the individual, as is evident especially in regards to acts of temperance. Therefore not all acts of virtue are the subject of natural law.

Objection 2: Further, every sin is opposed to some virtuous act. If therefore all acts of virtue are prescribed by the natural law, it seems to follow that all sins are against nature: whereas this applies to certain special sins.

Objection 3: Further, those things which are according to nature are common to all. But acts of virtue are not common to all: since a thing is virtuous in one, and vicious in another. Therefore not all acts of virtue are prescribed by the natural law.

On the contrary, Damascene says (De Fide Orth. iii, 4) that "virtues are natural." Therefore virtuous acts also are a subject of the natural law.

I answer that, We may speak of virtuous acts in two ways: first, under the aspect of virtuous; secondly, as such and such acts considered in their proper species. If then we speak of acts of virtue, considered as virtuous, thus all virtuous acts belong to the natural law. For it has been stated (Article [2]) that to the natural law belongs everything to which a man is inclined according to his nature. Now each thing is inclined naturally to an operation that is suitable to it according to its form: thus fire is inclined to give heat. Wherefore, since the rational soul is the proper form of man, there is in every man a natural inclination to act according to reason: and this is to act according to virtue. Consequently, considered thus, all acts of virtue are prescribed by the natural law: since each one's reason naturally dictates to him to act virtuously. But if we speak of virtuous acts, considered in themselves, i.e. in their proper species, thus not all virtuous acts are prescribed by the natural law: for many things are done virtuously, to which nature does not incline at first; but which, through the inquiry of reason, have been found by men to be conducive to well-living.

Reply to Objection 1: Temperance is about the natural concupiscences of food, drink and sexual matters, which are indeed ordained to the natural common good, just as other matters of law are ordained to the moral common good.

Reply to Objection 2: By human nature we may mean either that which is proper to man---and in this sense all sins, as being against reason, are also against nature, as Damascene states (De Fide Orth. ii, 30): or we may mean that nature which is common to man and other animals; and in this sense, certain special sins are said to be against nature; thus contrary to sexual intercourse, which is natural to all animals, is unisexual lust, which has received the special name of the unnatural crime.

Reply to Objection 3: This argument considers acts in themselves. For it is owing to the various conditions of men, that certain acts are virtuous for some, as being proportionate and becoming to them, while they are vicious for others, as being out of proportion to them.

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Article: 4 [<< | >>]

Objection 1: It would seem that the natural law is not the same in all. For it is stated in the Decretals (Dist. i) that "the natural law is that which is contained in the Law and the Gospel." But this is not common to all men; because, as it is written (Rm. 10:16), "all do not obey the gospel." Therefore the natural law is not the same in all men.

Objection 2: Further, "Things which are according to the law are said to be just," as stated in Ethic. v. But it is stated in the same book that nothing is so universally just as not to be subject to change in regard to some men. Therefore even the natural law is not the same in all men.

Objection 3: Further, as stated above (Articles [2],3), to the natural law belongs everything to which a man is inclined according to his nature. Now different men are naturally inclined to different things; some to the desire of pleasures, others to the desire of honors, and other men to other things. Therefore there is not one natural law for all.

On the contrary, Isidore says (Etym. v, 4): "The natural law is common to all nations."

I answer that, As stated above (Articles [2],3), to the natural law belongs those things to which a man is inclined naturally: and among these it is proper to man to be inclined to act according to reason. Now the process of reason is from the common to the proper, as stated in Phys. i. The speculative reason, however, is differently situated in this matter, from the practical reason. For, since the speculative reason is busied chiefly with the necessary things, which cannot be otherwise than they are, its proper conclusions, like the universal principles, contain the truth without fail. The practical reason, on the other hand, is busied with contingent matters, about which human actions are concerned: and consequently, although there is necessity in the general principles, the more we descend to matters of detail, the more frequently we encounter defects. Accordingly then in speculative matters truth is the same in all men, both as to principles and as to conclusions: although the truth is not known to all as regards the conclusions, but only as regards the principles which are called common notions. But in matters of action, truth or practical rectitude is not the same for all, as to matters of detail, but only as to the general principles: and where there is the same rectitude in matters of detail, it is not equally known to all.

It is therefore evident that, as regards the general principles whether of speculative or of practical reason, truth or rectitude is the same for all, and is equally known by all. As to the proper conclusions of the speculative reason, the truth is the same for all, but is not equally known to all: thus it is true for all that the three angles of a triangle are together equal to two right angles, although it is not known to all. But as to the proper conclusions of the practical reason, neither is the truth or rectitude the same for all, nor, where it is the same, is it equally known by all. Thus it is right and true for all to act according to reason: and from this principle it follows as a proper conclusion, that goods entrusted to another should be restored to their owner. Now this is true for the majority of cases: but it may happen in a particular case that it would be injurious, and therefore unreasonable, to restore goods held in trust; for instance, if they are claimed for the purpose of fighting against one's country. And this principle will be found to fail the more, according as we descend further into detail, e.g. if one were to say that goods held in trust should be restored with such and such a guarantee, or in such and such a way; because the greater the number of conditions added, the greater the number of ways in which the principle may fail, so that it be not right to restore or not to restore.

Consequently we must say that the natural law, as to general principles, is the same for all, both as to rectitude and as to knowledge. But as to certain matters of detail, which are conclusions, as it were, of those general principles, it is the same for all in the majority of cases, both as to rectitude and as to knowledge; and yet in some few cases it may fail, both as to rectitude, by reason of certain obstacles (just as natures subject to generation and corruption fail in some few cases on account of some obstacle), and as to knowledge, since in some the reason is perverted by passion, or evil habit, or an evil disposition of nature; thus formerly, theft, although it is expressly contrary to the natural law, was not considered wrong among the Germans, as Julius Caesar relates (De Bello Gall. vi).

Reply to Objection 1: The meaning of the sentence quoted is not that whatever is contained in the Law and the Gospel belongs to the natural law, since they contain many things that are above nature; but that whatever belongs to the natural law is fully contained in them. Wherefore Gratian, after saying that "the natural law is what is contained in the Law and the Gospel," adds at once, by way of example, "by which everyone is commanded to do to others as he would be done by."

Reply to Objection 2: The saying of the Philosopher is to be understood of things that are naturally just, not as general principles, but as conclusions drawn from them, having rectitude in the majority of cases, but failing in a few.

Reply to Objection 3: As, in man, reason rules and commands the other powers, so all the natural inclinations belonging to the other powers must needs be directed according to reason. Wherefore it is universally right for all men, that all their inclinations should be directed according to reason.

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Question: 94 [<< | >>]

Article: 5 [<< | >>]

Objection 1: It would seem that the natural law can be changed. Because on Ecclus. 17:9, "He gave them instructions, and the law of life," the gloss says: "He wished the law of the letter to be written, in order to correct the law of nature." But that which is corrected is changed. Therefore the natural law can be changed.

Objection 2: Further, the slaying of the innocent, adultery, and theft are against the natural law. But we find these things changed by God: as when God commanded Abraham to slay his innocent son (Gn. 22:2); and when he ordered the Jews to borrow and purloin the vessels of the Egyptians (Ex. 12:35); and when He commanded Osee to take to himself "a wife of fornications" (Osee 1:2). Therefore the natural law can be changed.

Objection 3: Further, Isidore says (Etym. 5:4) that "the possession of all things in common, and universal freedom, are matters of natural law." But these things are seen to be changed by human laws. Therefore it seems that the natural law is subject to change.

On the contrary, It is said in the Decretals (Dist. v): "The natural law dates from the creation of the rational creature. It does not vary according to time, but remains unchangeable."

I answer that, A change in the natural law may be understood in two ways. First, by way of addition. In this sense nothing hinders the natural law from being changed: since many things for the benefit of human life have been added over and above the natural law, both by the Divine law and by human laws.

Secondly, a change in the natural law may be understood by way of subtraction, so that what previously was according to the natural law, ceases to be so. In this sense, the natural law is altogether unchangeable in its first principles: but in its secondary principles, which, as we have said (Article [4]), are certain detailed proximate conclusions drawn from the first principles, the natural law is not changed so that what it prescribes be not right in most cases. But it may be changed in some particular cases of rare occurrence, through some special causes hindering the observance of such precepts, as stated above (Article [4]).

Reply to Objection 1: The written law is said to be given for the correction of the natural law, either because it supplies what was wanting to the natural law; or because the natural law was perverted in the hearts of some men, as to certain matters, so that they esteemed those things good which are naturally evil; which perversion stood in need of correction.

Reply to Objection 2: All men alike, both guilty and innocent, die the death of nature: which death of nature is inflicted by the power of God on account of original sin, according to 1 Kgs. 2:6: "The Lord killeth and maketh alive." Consequently, by the command of God, death can be inflicted on any man, guilty or innocent, without any injustice whatever. In like manner adultery is intercourse with another's wife; who is allotted to him by the law emanating from God. Consequently intercourse with any woman, by the command of God, is neither adultery nor fornication. The same applies to theft, which is the taking of another's property. For whatever is taken by the command of God, to Whom all things belong, is not taken against the will of its owner, whereas it is in this that theft consists. Nor is it only in human things, that whatever is commanded by God is right; but also in natural things, whatever is done by God, is, in some way, natural, as stated in the FP, Question [105], Article [6], ad 1.

Reply to Objection 3: A thing is said to belong to the natural law in two ways. First, because nature inclines thereto: e.g. that one should not do harm to another. Secondly, because nature did not bring in the contrary: thus we might say that for man to be naked is of the natural law, because nature did not give him clothes, but art invented them. In this sense, "the possession of all things in common and universal freedom" are said to be of the natural law, because, to wit, the distinction of possessions and slavery were not brought in by nature, but devised by human reason for the benefit of human life. Accordingly the law of nature was not changed in this respect, except by addition.

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Article: 6 [<< | >>]

Objection 1: It would seem that the natural law can be abolished from the heart of man. Because on Rm. 2:14, "When the Gentiles who have not the law," etc. a gloss says that "the law of righteousness, which sin had blotted out, is graven on the heart of man when he is restored by grace." But the law of righteousness is the law of nature. Therefore the law of nature can be blotted out.

Objection 2: Further, the law of grace is more efficacious than the law of nature. But the law of grace is blotted out by sin. Much more therefore can the law of nature be blotted out.

Objection 3: Further, that which is established by law is made just. But many things are enacted by men, which are contrary to the law of nature. Therefore the law of nature can be abolished from the heart of man.

On the contrary, Augustine says (Confess. ii): "Thy law is written in the hearts of men, which iniquity itself effaces not." But the law which is written in men's hearts is the natural law. Therefore the natural law cannot be blotted out.

I answer that, As stated above (Articles [4],5), there belong to the natural law, first, certain most general precepts, that are known to all; and secondly, certain secondary and more detailed precepts, which are, as it were, conclusions following closely from first principles. As to those general principles, the natural law, in the abstract, can nowise be blotted out from men's hearts. But it is blotted out in the case of a particular action, in so far as reason is hindered from applying the general principle to a particular point of practice, on account of concupiscence or some other passion, as stated above (Question [77], Article [2]). But as to the other, i.e. the secondary precepts, the natural law can be blotted out from the human heart, either by evil persuasions, just as in speculative matters errors occur in respect of necessary conclusions; or by vicious customs and corrupt habits, as among some men, theft, and even unnatural vices, as the Apostle states (Rm. i), were not esteemed sinful.

Reply to Objection 1: Sin blots out the law of nature in particular cases, not universally, except perchance in regard to the secondary precepts of the natural law, in the way stated above.

Reply to Objection 2: Although grace is more efficacious than nature, yet nature is more essential to man, and therefore more enduring.

Reply to Objection 3: This argument is true of the secondary precepts of the natural law, against which some legislators have framed certain enactments which are unjust.

This document (last modified January 11, 1998) from the Christian Classics Ethereal Library server, at Wheaton College

(Benziger Bros. edition, 1947)

Translated by

Fathers of the English Dominican Province

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First Part of the Second Part [<< | >>]

Question: 95 [<< | >>]

We must now consider human law; and (1) this law considered in itself; (2) its power; (3) its mutability. Under the first head there are four points of inquiry:

(1) Its utility.

(2) Its origin.

(3) Its quality.

(4) Its division.

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First Part of the Second Part [<< | >>]

Question: 95 [<< | >>]

Article: 1 [<< | >>]

Objection 1: It would seem that it was not useful for laws to be framed by men. Because the purpose of every law is that man be made good thereby, as stated above (Question [92], Article [1]). But men are more to be induced to be good willingly by means of admonitions, than against their will, by means of laws. Therefore there was no need to frame laws.

Objection 2: Further, As the Philosopher says (Ethic. v, 4), "men have recourse to a judge as to animate justice." But animate justice is better than inanimate justice, which contained in laws. Therefore it would have been better for the execution of justice to be entrusted to the decision of judges, than to frame laws in addition.

Objection 3: Further, every law is framed for the direction of human actions, as is evident from what has been stated above (Question [90], Articles [1],2). But since human actions are about singulars, which are infinite in number, matter pertaining to the direction of human actions cannot be taken into sufficient consideration except by a wise man, who looks into each one of them. Therefore it would have been better for human acts to be directed by the judgment of wise men, than by the framing of laws. Therefore there was no need of human laws.

On the contrary, Isidore says (Etym. v, 20): "Laws were made that in fear thereof human audacity might be held in check, that innocence might be safeguarded in the midst of wickedness, and that the dread of punishment might prevent the wicked from doing harm." But these things are most necessary to mankind. Therefore it was necessary that human laws should be made.

I answer that, As stated above (Question [63], Article [1]; Question [94], Article [3]), man has a natural aptitude for virtue; but the perfection of virtue must be acquired by man by means of some kind of training. Thus we observe that man is helped by industry in his necessities, for instance, in food and clothing. Certain beginnings of these he has from nature, viz. his reason and his hands; but he has not the full complement, as other animals have, to whom nature has given sufficiency of clothing and food. Now it is difficult to see how man could suffice for himself in the matter of this training: since the perfection of virtue consists chiefly in withdrawing man from undue pleasures, to which above all man is inclined, and especially the young, who are more capable of being trained. Consequently a man needs to receive this training from another, whereby to arrive at the perfection of virtue. And as to those young people who are inclined to acts of virtue, by their good natural disposition, or by custom, or rather by the gift of God, paternal training suffices, which is by admonitions. But since some are found to be depraved, and prone to vice, and not easily amenable to words, it was necessary for such to be restrained from evil by force and fear, in order that, at least, they might desist from evil-doing, and leave others in peace, and that they themselves, by being habituated in this way, might be brought to do willingly what hitherto they did from fear, and thus become virtuous. Now this kind of training, which compels through fear of punishment, is the discipline of laws. Therefore in order that man might have peace and virtue, it was necessary for laws to be framed: for, as the Philosopher says (Polit. i, 2), "as man is the most noble of animals if he be perfect in virtue, so is he the lowest of all, if he be severed from law and righteousness"; because man can use his reason to devise means of satisfying his lusts and evil passions, which other animals are unable to do.

Reply to Objection 1: Men who are well disposed are led willingly to virtue by being admonished better than by coercion: but men who are evilly disposed are not led to virtue unless they are compelled.

Reply to Objection 2: As the Philosopher says (Rhet. i, 1), "it is better that all things be regulated by law, than left to be decided by judges": and this for three reasons. First, because it is easier to find a few wise men competent to frame right laws, than to find the many who would be necessary to judge aright of each single case. Secondly, because those who make laws consider long beforehand what laws to make; whereas judgment on each single case has to be pronounced as soon as it arises: and it is easier for man to see what is right, by taking many instances into consideration, than by considering one solitary fact. Thirdly, because lawgivers judge in the abstract and of future events; whereas those who sit in judgment of things present, towards which they are affected by love, hatred, or some kind of cupidity; wherefore their judgment is perverted.

Since then the animated justice of the judge is not found in every man, and since it can be deflected, therefore it was necessary, whenever possible, for the law to determine how to judge, and for very few matters to be left to the decision of men.

Reply to Objection 3: Certain individual facts which cannot be covered by the law "have necessarily to be committed to judges," as the Philosopher says in the same passage: for instance, "concerning something that has happened or not happened," and the like.

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Question: 95 [<< | >>]

Article: 2 [<< | >>]

Objection 1: It would seem that not every human law is derived from the natural law. For the Philosopher says (Ethic. v, 7) that "the legal just is that which originally was a matter of indifference." But those things which arise from the natural law are not matters of indifference. Therefore the enactments of human laws are not derived from the natural law.

Objection 2: Further, positive law is contrasted with natural law, as stated by Isidore (Etym. v, 4) and the Philosopher (Ethic. v, 7). But those things which flow as conclusions from the general principles of the natural law belong to the natural law, as stated above (Question [94], Article [4]). Therefore that which is established by human law does not belong to the natural law.

Objection 3: Further, the law of nature is the same for all; since the Philosopher says (Ethic. v, 7) that "the natural just is that which is equally valid everywhere." If therefore human laws were derived from the natural law, it would follow that they too are the same for all: which is clearly false.

Objection 4: Further, it is possible to give a reason for things which are derived from the natural law. But "it is not possible to give the reason for all the legal enactments of the lawgivers," as the jurist says [*Pandect. Justin. lib. i, ff, tit. iii, v; De Leg. et Senat.]. Therefore not all human laws are derived from the natural law.

On the contrary, Tully says (Rhet. ii): "Things which emanated from nature and were approved by custom, were sanctioned by fear and reverence for the laws."

I answer that, As Augustine says (De Lib. Arb. i, 5) "that which is not just seems to be no law at all": wherefore the force of a law depends on the extent of its justice. Now in human affairs a thing is said to be just, from being right, according to the rule of reason. But the first rule of reason is the law of nature, as is clear from what has been stated above (Question [91], Article [2], ad 2). Consequently every human law has just so much of the nature of law, as it is derived from the law of nature. But if in any point it deflects from the law of nature, it is no longer a law but a perversion of law.

But it must be noted that something may be derived from the natural law in two ways: first, as a conclusion from premises, secondly, by way of determination of certain generalities. The first way is like to that by which, in sciences, demonstrated conclusions are drawn from the principles: while the second mode is likened to that whereby, in the arts, general forms are particularized as to details: thus the craftsman needs to determine the general form of a house to some particular shape. Some things are therefore derived from the general principles of the natural law, by way of conclusions; e.g. that "one must not kill" may be derived as a conclusion from the principle that "one should do harm to no man": while some are derived therefrom by way of determination; e.g. the law of nature has it that the evil-doer should be punished; but that he be punished in this or that way, is a determination of the law of nature.

Accordingly both modes of derivation are found in the human law. But those things which are derived in the first way, are contained in human law not as emanating therefrom exclusively, but have some force from the natural law also. But those things which are derived in the second way, have no other force than that of human law.

Reply to Objection 1: The Philosopher is speaking of those enactments which are by way of determination or specification of the precepts of the natural law.

Reply to Objection 2: This argument avails for those things that are derived from the natural law, by way of conclusions.

Reply to Objection 3: The general principles of the natural law cannot be applied to all men in the same way on account of the great variety of human affairs: and hence arises the diversity of positive laws among various people.

Reply to Objection 4: These words of the Jurist are to be understood as referring to decisions of rulers in determining particular points of the natural law: on which determinations the judgment of expert and prudent men is based as on its principles; in so far, to wit, as they see at once what is the best thing to decide.

Hence the Philosopher says (Ethic. vi, 11) that in such matters, "we ought to pay as much attention to the undemonstrated sayings and opinions of persons who surpass us in experience, age and prudence, as to their demonstrations."

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Article: 3 [<< | >>]

Objection 1: It would seem that Isidore's description of the quality of positive law is not appropriate, when he says (Etym. v, 21): "Law shall be virtuous, just, possible to nature, according to the custom of the country, suitable to place and time, necessary, useful; clearly expressed, lest by its obscurity it lead to misunderstanding; framed for no private benefit, but for the common good." Because he had previously expressed the quality of law in three conditions, saying that "law is anything founded on reason, provided that it foster religion, be helpful to discipline, and further the common weal." Therefore it was needless to add any further conditions to these.

Objection 2: Further, Justice is included in honesty, as Tully says (De Offic. vii). Therefore after saying "honest" it was superfluous to add "just."

Objection 3: Further, written law is condivided with custom, according to Isidore (Etym. ii, 10). Therefore it should not be stated in the definition of law that it is "according to the custom of the country."

Objection 4: Further, a thing may be necessary in two ways. It may be necessary simply, because it cannot be otherwise: and that which is necessary in this way, is not subject to human judgment, wherefore human law is not concerned with necessity of this kind. Again a thing may be necessary for an end: and this necessity is the same as usefulness. Therefore it is superfluous to say both "necessary" and "useful."

On the contrary, stands the authority of Isidore.

I answer that, Whenever a thing is for an end, its form must be determined proportionately to that end; as the form of a saw is such as to be suitable for cutting (Phys. ii, text. 88). Again, everything that is ruled and measured must have a form proportionate to its rule and measure. Now both these conditions are verified of human law: since it is both something ordained to an end; and is a rule or measure ruled or measured by a higher measure. And this higher measure is twofold, viz. the Divine law and the natural law, as explained above (Article [2]; Question [93], Article [3]). Now the end of human law is to be useful to man, as the jurist states [*Pandect. Justin. lib. xxv, ff., tit. iii; De Leg. et Senat.]. Wherefore Isidore in determining the nature of law, lays down, at first, three conditions; viz. that it "foster religion," inasmuch as it is proportionate to the Divine law; that it be "helpful to discipline," inasmuch as it is proportionate to the nature law; and that it "further the common weal," inasmuch as it is proportionate to the utility of mankind.

All the other conditions mentioned by him are reduced to these three. For it is called virtuous because it fosters religion. And when he goes on to say that it should be "just, possible to nature, according to the customs of the country, adapted to place and time," he implies that it should be helpful to discipline. For human discipline depends on first on the order of reason, to which he refers by saying "just": secondly, it depends on the ability of the agent; because discipline should be adapted to each one according to his ability, taking also into account the ability of nature (for the same burdens should be not laid on children as adults); and should be according to human customs; since man cannot live alone in society, paying no heed to others: thirdly, it depends on certain circumstances, in respect of which he says, "adapted to place and time." The remaining words, "necessary, useful," etc. mean that law should further the common weal: so that "necessity" refers to the removal of evils; "usefulness" to the attainment of good; "clearness of expression," to the need of preventing any harm ensuing from the law itself. And since, as stated above (Question [90], Article [2]), law is ordained to the common good, this is expressed in the last part of the description.

This suffices for the Replies to the Objections.

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Question: 95 [<< | >>]

Article: 4 [<< | >>]

Objection 1: It would seem that Isidore wrongly divided human statutes or human law (Etym. v, 4, seqq.). For under this law he includes the "law of nations," so called, because, as he says, "nearly all nations use it." But as he says, "natural law is that which is common to all nations." Therefore the law of nations is not contained under positive human law, but rather under natural law.

Objection 2: Further, those laws which have the same force, seem to differ not formally but only materially. But "statutes, decrees of the commonalty, senatorial decrees," and the like which he mentions (Etym. v, 9), all have the same force. Therefore they do not differ, except materially. But art takes no notice of such a distinction: since it may go on to infinity. Therefore this division of human laws is not appropriate.

Objection 3: Further, just as, in the state, there are princes, priests and soldiers, so are there other human offices. Therefore it seems that, as this division includes "military law," and "public law," referring to priests and magistrates; so also it should include other laws pertaining to other offices of the state.

Objection 4: Further, those things that are accidental should be passed over. But it is accidental to law that it be framed by this or that man. Therefore it is unreasonable to divide laws according to the names of lawgivers, so that one be called the "Cornelian" law, another the "Falcidian" law, etc.

On the contrary, The authority of Isidore (Objection [1]) suffices.

I answer that, A thing can of itself be divided in respect of something contained in the notion of that thing. Thus a soul either rational or irrational is contained in the notion of animal: and therefore animal is divided properly and of itself in respect of its being rational or irrational; but not in the point of its being white or black, which are entirely beside the notion of animal. Now, in the notion of human law, many things are contained, in respect of any of which human law can be divided properly and of itself. For in the first place it belongs to the notion of human law, to be derived from the law of nature, as explained above (Article [2]). In this respect positive law is divided into the "law of nations" and "civil law," according to the two ways in which something may be derived from the law of nature, as stated above (Article [2]). Because, to the law of nations belong those things which are derived from the law of nature, as conclusions from premises, e.g. just buyings and sellings, and the like, without which men cannot live together, which is a point of the law of nature, since man is by nature a social animal, as is proved in Polit. i, 2. But those things which are derived from the law of nature by way of particular determination, belong to the civil law, according as each state decides on what is best for itself.

Secondly, it belongs to the notion of human law, to be ordained to the common good of the state. In this respect human law may be divided according to the different kinds of men who work in a special way for the common good: e.g. priests, by praying to God for the people; princes, by governing the people; soldiers, by fighting for the safety of the people. Wherefore certain special kinds of law are adapted to these men.

Thirdly, it belongs to the notion of human law, to be framed by that one who governs the community of the state, as shown above (Question [90], Article [3]). In this respect, there are various human laws according to the various forms of government. Of these, according to the Philosopher (Polit. iii, 10) one is "monarchy," i.e. when the state is governed by one; and then we have "Royal Ordinances." Another form is "aristocracy," i.e. government by the best men or men of highest rank; and then we have the "Authoritative legal opinions" [Responsa Prudentum] and "Decrees of the Senate" [Senatus consulta]. Another form is "oligarchy," i.e. government by a few rich and powerful men; and then we have "Praetorian," also called "Honorary," law. Another form of government is that of the people, which is called "democracy," and there we have "Decrees of the commonalty" [Plebiscita]. There is also tyrannical government, which is altogether corrupt, which, therefore, has no corresponding law. Finally, there is a form of government made up of all these, and which is the best: and in this respect we have law sanctioned by the "Lords and Commons," as stated by Isidore (Etym. v, 4, seqq.).

Fourthly, it belongs to the notion of human law to direct human actions. In this respect, according to the various matters of which the law treats, there are various kinds of laws, which are sometimes named after their authors: thus we have the "Lex Julia" about adultery, the "Lex Cornelia" concerning assassins, and so on, differentiated in this way, not on account of the authors, but on account of the matters to which they refer.

Reply to Objection 1: The law of nations is indeed, in some way, natural to man, in so far as he is a reasonable being, because it is derived from the natural law by way of a conclusion that is not very remote from its premises. Wherefore men easily agreed thereto. Nevertheless it is distinct from the natural law, especially it is distinct from the natural law which is common to all animals.

The Replies to the other Objections are evident from what has been said.

This document (last modified January 11, 1998) from the Christian Classics Ethereal Library server, at Wheaton College

(Benziger Bros. edition, 1947)

Translated by

Fathers of the English Dominican Province

Index [<< | >>]

First Part of the Second Part [<< | >>]

Question: 96 [<< | >>]

We must now consider the power of human law. Under this head there are six points of inquiry:

(1) Whether human law should be framed for the community?

(2) Whether human law should repress all vices?

(3) Whether human law is competent to direct all acts of virtue?

(4) Whether it binds man in conscience?

(5) Whether all men are subject to human law?

(6) Whether those who are under the law may act beside the letter of the law?

Index [<< | >>]

First Part of the Second Part [<< | >>]

Question: 96 [<< | >>]

Article: 1 [<< | >>]

Objection 1: It would seem that human law should be framed not for the community, but rather for the individual. For the Philosopher says (Ethic. v, 7) that "the legal just . . . includes all particular acts of legislation . . . and all those matters which are the subject of decrees," which are also individual matters, since decrees are framed about individual actions. Therefore law is framed not only for the community, but also for the individual.

Objection 2: Further, law is the director of human acts, as stated above (Question [90], Articles [1],2). But human acts are about individual matters. Therefore human laws should be framed, not for the community, but rather for the individual.

Objection 3: Further, law is a rule and measure of human acts, as stated above (Question [90], Articles [1],2). But a measure should be most certain, as stated in Metaph. x. Since therefore in human acts no general proposition can be so certain as not to fail in some individual cases, it seems that laws should be framed not in general but for individual cases.

On the contrary, The jurist says (Pandect. Justin. lib. i, tit. iii, art. ii; De legibus, etc.) that "laws should be made to suit the majority of instances; and they are not framed according to what may possibly happen in an individual case."

I answer that, Whatever is for an end should be proportionate to that end. Now the end of law is the common good; because, as Isidore says (Etym. v, 21) that "law should be framed, not for any private benefit, but for the common good of all the citizens." Hence human laws should be proportionate to the common good. Now the common good comprises many things. Wherefore law should take account of many things, as to persons, as to matters, and as to times. Because the community of the state is composed of many persons; and its good is procured by many actions; nor is it established to endure for only a short time, but to last for all time by the citizens succeeding one another, as Augustine says (De Civ. Dei ii, 21; xxii, 6).

Reply to Objection 1: The Philosopher (Ethic. v, 7) divides the legal just, i.e. positive law, into three parts. For some things are laid down simply in a general way: and these are the general laws. Of these he says that "the legal is that which originally was a matter of indifference, but which, when enacted, is so no longer": as the fixing of the ransom of a captive. Some things affect the community in one respect, and individuals in another. These are called "privileges," i.e. "private laws," as it were, because they regard private persons, although their power extends to many matters; and in regard to these, he adds, "and further, all particular acts of legislation." Other matters are legal, not through being laws, but through being applications of general laws to particular cases: such are decrees which have the force of law; and in regard to these, he adds "all matters subject to decrees."

Reply to Objection 2: A principle of direction should be applicable to many; wherefore (Metaph. x, text. 4) the Philosopher says that all things belonging to one genus, are measured by one, which is the principle in that genus. For if there were as many rules or measures as there are things measured or ruled, they would cease to be of use, since their use consists in being applicable to many things. Hence law would be of no use, if it did not extend further than to one single act. Because the decrees than to one single act. Because the decrees of prudent men are made for the purpose of directing individual actions; whereas law is a general precept, as stated above (Question [92], Article [2], Objection [2]).

Reply to Objection 3: "We must not seek the same degree of certainty in all things" (Ethic. i, 3). Consequently in contingent matters, such as natural and human things, it is enough for a thing to be certain, as being true in the greater number of instances, though at times and less frequently it fail.

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Question: 96 [<< | >>]

Article: 2 [<< | >>]

Objection 1: It would seem that it belongs to human law to repress all vices. For Isidore says (Etym. v, 20) that "laws were made in order that, in fear thereof, man's audacity might be held in check." But it would not be held in check sufficiently, unless all evils were repressed by law. Therefore human laws should repress all evils.

Objection 2: Further, the intention of the lawgiver is to make the citizens virtuous. But a man cannot be virtuous unless he forbear from all kinds of vice. Therefore it belongs to human law to repress all vices.

Objection 3: Further, human law is derived from the natural law, as stated above (Question [95], Article [2]). But all vices are contrary to the law of nature. Therefore human law should repress all vices.

On the contrary, We read in De Lib. Arb. i, 5: "It seems to me that the law which is written for the governing of the people rightly permits these things, and that Divine providence punishes them." But Divine providence punishes nothing but vices. Therefore human law rightly allows some vices, by not repressing them.

I answer that, As stated above (Question [90], Articles [1],2), law is framed as a rule or measure of human acts. Now a measure should be homogeneous with that which it measures, as stated in Metaph. x, text. 3,4, since different things are measured by different measures. Wherefore laws imposed on men should also be in keeping with their condition, for, as Isidore says (Etym. v, 21), law should be "possible both according to nature, and according to the customs of the country." Now possibility or faculty of action is due to an interior habit or disposition: since the same thing is not possible to one who has not a virtuous habit, as is possible to one who has. Thus the same is not possible to a child as to a full-grown man: for which reason the law for children is not the same as for adults, since many things are permitted to children, which in an adult are punished by law or at any rate are open to blame. In like manner many things are permissible to men not perfect in virtue, which would be intolerable in a virtuous man.

Now human law is framed for a number of human beings, the majority of whom are not perfect in virtue. Wherefore human laws do not forbid all vices, from which the virtuous abstain, but only the more grievous vices, from which it is possible for the majority to abstain; and chiefly those that are to the hurt of others, without the prohibition of which human society could not be maintained: thus human law prohibits murder, theft and such like.

Reply to Objection 1: Audacity seems to refer to the assailing of others. Consequently it belongs to those sins chiefly whereby one's neighbor is injured: and these sins are forbidden by human law, as stated.

Reply to Objection 2: The purpose of human law is to lead men to virtue, not suddenly, but gradually. Wherefore it does not lay upon the multitude of imperfect men the burdens of those who are already virtuous, viz. that they should abstain from all evil. Otherwise these imperfect ones, being unable to bear such precepts, would break out into yet greater evils: thus it is written (Ps. 30:33): "He that violently bloweth his nose, bringeth out blood"; and (Mt. 9:17) that if "new wine," i.e. precepts of a perfect life, "is put into old bottles," i.e. into imperfect men, "the bottles break, and the wine runneth out," i.e. the precepts are despised, and those men, from contempt, break into evils worse still.

Reply to Objection 3: The natural law is a participation in us of the eternal law: while human law falls short of the eternal law. Now Augustine says (De Lib. Arb. i, 5): "The law which is framed for the government of states, allows and leaves unpunished many things that are punished by Divine providence. Nor, if this law does not attempt to do everything, is this a reason why it should be blamed for what it does." Wherefore, too, human law does not prohibit everything that is forbidden by the natural law.

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Objection 1: It would seem that human law does not prescribe acts of all the virtues. For vicious acts are contrary to acts of virtue. But human law does not prohibit all vices, as stated above (Article [2]). Therefore neither does it prescribe all acts of virtue.

Objection 2: Further, a virtuous act proceeds from a virtue. But virtue is the end of law; so that whatever is from a virtue, cannot come under a precept of law. Therefore human law does not prescribe all acts of virtue.

Objection 3: Further, law is ordained to the common good, as stated above (Question [90], Article [2]). But some acts of virtue are ordained, not to the common good, but to private good. Therefore the law does not prescribe all acts of virtue.

On the contrary, The Philosopher says (Ethic. v, 1) that the law "prescribes the performance of the acts of a brave man . . . and the acts of the temperate man . . . and the acts of the meek man: and in like manner as regards the other virtues and vices, prescribing the former, forbidding the latter."

I answer that, The species of virtues are distinguished by their objects, as explained above (Question [54], Article [2]; Question [60], Article [1]; Question [62], Article [2]). Now all the objects of virtues can be referred either to the private good of an individual, or to the common good of the multitude: thus matters of fortitude may be achieved either for the safety of the state, or for upholding the rights of a friend, and in like manner with the other virtues. But law, as stated above (Question [90], Article [2]) is ordained to the common good. Wherefore there is no virtue whose acts cannot be prescribed by the law. Nevertheless human law does not prescribe concerning all the acts of every virtue: but only in regard to those that are ordainable to the common good---either immediately, as when certain things are done directly for the common good---or mediately, as when a lawgiver prescribes certain things pertaining to good order, whereby the citizens are directed in the upholding of the common good of justice and peace.

Reply to Objection 1: Human law does not forbid all vicious acts, by the obligation of a precept, as neither does it prescribe all acts of virtue. But it forbids certain acts of each vice, just as it prescribes some acts of each virtue.

Reply to Objection 2: An act is said to be an act of virtue in two ways. First, from the fact that a man does something virtuous; thus the act of justice is to do what is right, and an act of fortitude is to do brave things: and in this way law prescribes certain acts of virtue. Secondly an act of virtue is when a man does a virtuous thing in a way in which a virtuous man does it. Such an act always proceeds from virtue: and it does not come under a precept of law, but is the end at which every lawgiver aims.

Reply to Objection 3: There is no virtue whose act is not ordainable to the common good, as stated above, either mediately or immediately.

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Objection 1: It would seem that human law does not bind man in conscience. For an inferior power has no jurisdiction in a court of higher power. But the power of man, which frames human law, is beneath the Divine power. Therefore human law cannot impose its precept in a Divine court, such as is the court of conscience.

Objection 2: Further, the judgment of conscience depends chiefly on the commandments of God. But sometimes God's commandments are made void by human laws, according to Mt. 15:6: "You have made void the commandment of God for your tradition." Therefore human law does not bind a man in conscience.

Objection 3: Further, human laws often bring loss of character and injury on man, according to Is. 10:1 et seqq.: "Woe to them that make wicked laws, and when they write, write injustice; to oppress the poor in judgment, and do violence to the cause of the humble of My people." But it is lawful for anyone to avoid oppression and violence. Therefore human laws do not bind man in conscience.

On the contrary, It is written (1 Pt. 2:19): "This is thankworthy, if the conscience . . . a man endure sorrows, suffering wrongfully."

I answer that, Laws framed by man are either just or unjust. If they be just, they have the power of binding in conscience, from the eternal law whence they are derived, according to Prov. 8:15: "By Me kings reign, and lawgivers decree just things." Now laws are said to be just, both from the end, when, to wit, they are ordained to the common good---and from their author, that is to say, when the law that is made does not exceed the power of the lawgiver---and from their form, when, to wit, burdens are laid on the subjects, according to an equality of proportion and with a view to the common good. For, since one man is a part of the community, each man in all that he is and has, belongs to the community; just as a part, in all that it is, belongs to the whole; wherefore nature inflicts a loss on the part, in order to save the whole: so that on this account, such laws as these, which impose proportionate burdens, are just and binding in conscience, and are legal laws.

On the other hand laws may be unjust in two ways: first, by being contrary to human good, through being opposed to the things mentioned above---either in respect of the end, as when an authority imposes on his subjects burdensome laws, conducive, not to the common good, but rather to his own cupidity or vainglory---or in respect of the author, as when a man makes a law that goes beyond the power committed to him---or in respect of the form, as when burdens are imposed unequally on the community, although with a view to the common good. The like are acts of violence rather than laws; because, as Augustine says (De Lib. Arb. i, 5), "a law that is not just, seems to be no law at all." Wherefore such laws do not bind in conscience, except perhaps in order to avoid scandal or disturbance, for which cause a man should even yield his right, according to Mt. 5:40,41: "If a man . . . take away thy coat, let go thy cloak also unto him; and whosoever will force thee one mile, go with him other two."

Secondly, laws may be unjust through being opposed to the Divine good: such are the laws of tyrants inducing to idolatry, or to anything else contrary to the Divine law: and laws of this kind must nowise be observed, because, as stated in Acts 5:29, "we ought to obey God rather than man."

Reply to Objection 1: As the Apostle says (Rm. 13:1,2), all human power is from God . . . "therefore he that resisteth the power," in matters that are within its scope, "resisteth the ordinance of God"; so that he becomes guilty according to his conscience.

Reply to Objection 2: This argument is true of laws that are contrary to the commandments of God, which is beyond the scope of (human) power. Wherefore in such matters human law should not be obeyed.

Reply to Objection 3: This argument is true of a law that inflicts unjust hurt on its subjects. The power that man holds from God does not extend to this: wherefore neither in such matters is man bound to obey the law, provided he avoid giving scandal or inflicting a more grievous hurt.

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Objection 1: It would seem that not all are subject to the law. For those alone are subject to a law for whom a law is made. But the Apostle says (1 Tim. 1:9): "The law is not made for the just man." Therefore the just are not subject to the law.

Objection 2: Further, Pope Urban says [*Decretals. caus. xix, qu. 2]: "He that is guided by a private law need not for any reason be bound by the public law." Now all spiritual men are led by the private law of the Holy Ghost, for they are the sons of God, of whom it is said (Rm. 8:14): "Whosoever are led by the Spirit of God, they are the sons of God." Therefore not all men are subject to human law.

Objection 3: Further, the jurist says [*Pandect. Justin. i, ff., tit. 3, De Leg. et Senat.] that "the sovereign is exempt from the laws." But he that is exempt from the law is not bound thereby. Therefore not all are subject to the law.

On the contrary, The Apostle says (Rm. 13:1): "Let every soul be subject to the higher powers." But subjection to a power seems to imply subjection to the laws framed by that power. Therefore all men should be subject to human law.

I answer that, As stated above (Question [90], Articles [1],2; Article [3], ad 2), the notion of law contains two things: first, that it is a rule of human acts; secondly, that it has coercive power. Wherefore a man may be subject to law in two ways. First, as the regulated is subject to the regulator: and, in this way, whoever is subject to a power, is subject to the law framed by that power. But it may happen in two ways that one is not subject to a power. In one way, by being altogether free from its authority: hence the subjects of one city or kingdom are not bound by the laws of the sovereign of another city or kingdom, since they are not subject to his authority. In another way, by being under a yet higher law; thus the subject of a proconsul should be ruled by his command, but not in those matters in which the subject receives his orders from the emperor: for in these matters, he is not bound by the mandate of the lower authority, since he is directed by that of a higher. In this way, one who is simply subject to a law, may not be a subject thereto in certain matters, in respect of which he is ruled by a higher law.

Secondly, a man is said to be subject to a law as the coerced is subject to the coercer. In this way the virtuous and righteous are not subject to the law, but only the wicked. Because coercion and violence are contrary to the will: but the will of the good is in harmony with the law, whereas the will of the wicked is discordant from it. Wherefore in this sense the good are not subject to the law, but only the wicked.

Reply to Objection 1: This argument is true of subjection by way of coercion: for, in this way, "the law is not made for the just men": because "they are a law to themselves," since they "show the work of the law written in their hearts," as the Apostle says (Rm. 2:14,15). Consequently the law does not enforce itself upon them as it does on the wicked.

Reply to Objection 2: The law of the Holy Ghost is above all law framed by man: and therefore spiritual men, in so far as they are led by the law of the Holy Ghost, are not subject to the law in those matters that are inconsistent with the guidance of the Holy Ghost. Nevertheless the very fact that spiritual men are subject to law, is due to the leading of the Holy Ghost, according to 1 Pt. 2:13: "Be ye subject . . . to every human creature for God's sake."

Reply to Objection 3: The sovereign is said to be "exempt from the law," as to its coercive power; since, properly speaking, no man is coerced by himself, and law has no coercive power save from the authority of the sovereign. Thus then is the sovereign said to be exempt from the law, because none is competent to pass sentence on him, if he acts against the law. Wherefore on Ps. 50:6: "To Thee only have I sinned," a gloss says that "there is no man who can judge the deeds of a king." But as to the directive force of law, the sovereign is subject to the law by his own will, according to the statement (Extra, De Constit. cap. Cum omnes) that "whatever law a man makes for another, he should keep himself. And a wise authority [*Dionysius Cato, Dist. de Moribus] says: 'Obey the law that thou makest thyself.'" Moreover the Lord reproaches those who "say and do not"; and who "bind heavy burdens and lay them on men's shoulders, but with a finger of their own they will not move them" (Mt. 23:3,4). Hence, in the judgment of God, the sovereign is not exempt from the law, as to its directive force; but he should fulfil it to his own free-will and not of constraint. Again the sovereign is above the law, in so far as, when it is expedient, he can change the law, and dispense in it according to time and place.

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Objection 1: It seems that he who is subject to a law may not act beside the letter of the law. For Augustine says (De Vera Relig. 31): "Although men judge about temporal laws when they make them, yet when once they are made they must pass judgment not on them, but according to them." But if anyone disregard the letter of the law, saying that he observes the intention of the lawgiver, he seems to pass judgment on the law. Therefore it is not right for one who is under the law to disregard the letter of the law, in order to observe the intention of the lawgiver.

Objection 2: Further, he alone is competent to interpret the law who can make the law. But those who are subject to the law cannot make the law. Therefore they have no right to interpret the intention of the lawgiver, but should always act according to the letter of the law.

Objection 3: Further, every wise man knows how to explain his intention by words. But those who framed the laws should be reckoned wise: for Wisdom says (Prov. 8:15): "By Me kings reign, and lawgivers decree just things." Therefore we should not judge of the intention of the lawgiver otherwise than by the words of the law.

On the contrary, Hilary says (De Trin. iv): "The meaning of what is said is according to the motive for saying it: because things are not subject to speech, but speech to things." Therefore we should take account of the motive of the lawgiver, rather than of his very words.

I answer that, As stated above (Article [4]), every law is directed to the common weal of men, and derives the force and nature of law accordingly. Hence the jurist says [*Pandect. Justin. lib. i, ff., tit. 3, De Leg. et Senat.]: "By no reason of law, or favor of equity, is it allowable for us to interpret harshly, and render burdensome, those useful measures which have been enacted for the welfare of man." Now it happens often that the observance of some point of law conduces to the common weal in the majority of instances, and yet, in some cases, is very hurtful. Since then the lawgiver cannot have in view every single case, he shapes the law according to what happens most frequently, by directing his attention to the common good. Wherefore if a case arise wherein the observance of that law would be hurtful to the general welfare, it should not be observed. For instance, suppose that in a besieged city it be an established law that the gates of the city are to be kept closed, this is good for public welfare as a general rule: but, it were to happen that the enemy are in pursuit of certain citizens, who are defenders of the city, it would be a great loss to the city, if the gates were not opened to them: and so in that case the gates ought to be opened, contrary to the letter of the law, in order to maintain the common weal, which the lawgiver had in view.

Nevertheless it must be noted, that if the observance of the law according to the letter does not involve any sudden risk needing instant remedy, it is not competent for everyone to expound what is useful and what is not useful to the state: those alone can do this who are in authority, and who, on account of such like cases, have the power to dispense from the laws. If, however, the peril be so sudden as not to allow of the delay involved by referring the matter to authority, the mere necessity brings with it a dispensation, since necessity knows no law.

Reply to Objection 1: He who in a case of necessity acts beside the letter of the law, does not judge the law; but of a particular case in which he sees that the letter of the law is not to be observed.

Reply to Objection 2: He who follows the intention of the lawgiver, does not interpret the law simply; but in a case in which it is evident, by reason of the manifest harm, that the lawgiver intended otherwise. For if it be a matter of doubt, he must either act according to the letter of the law, or consult those in power.

Reply to Objection 3: No man is so wise as to be able to take account of every single case; wherefore he is not able sufficiently to express in words all those things that are suitable for the end he has in view. And even if a lawgiver were able to take all the cases into consideration, he ought not to mention them all, in order to avoid confusion: but should frame the law according to that which is of most common occurrence.

This document (last modified January 11, 1998) from the Christian Classics Ethereal Library server, at Wheaton College

(Benziger Bros. edition, 1947)

Translated by

Fathers of the English Dominican Province

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Question: 97 [<< | >>]

We must now consider change in laws: under which head there are four points of inquiry:

(1) Whether human law is changeable?

(2) Whether it should be always changed, whenever anything better occurs?

(3) Whether it is abolished by custom, and whether custom obtains the force of law?

(4) Whether the application of human law should be changed by dispensation of those in authority?

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Article: 1 [<< | >>]

Objection 1: It would seem that human law should not be changed in any way at all. Because human law is derived from the natural law, as stated above (Question [95], Article [2]). But the natural law endures unchangeably. Therefore human law should also remain without any change.

Objection 2: Further, as the Philosopher says (Ethic. v, 5), a measure should be absolutely stable. But human law is the measure of human acts, as stated above (Question [90], Articles [1],2). Therefore it should remain without change.

Objection 3: Further, it is of the essence of law to be just and right, as stated above (Question [95], Article [2]). But that which is right once is right always. Therefore that which is law once, should be always law.

On the contrary, Augustine says (De Lib. Arb. i, 6): "A temporal law, however just, may be justly changed in course of time."

I answer that, As stated above (Question [91], Article [3]), human law is a dictate of reason, whereby human acts are directed. Thus there may be two causes for the just change of human law: one on the part of reason; the other on the part of man whose acts are regulated by law. The cause on the part of reason is that it seems natural to human reason to advance gradually from the imperfect to the perfect. Hence, in speculative sciences, we see that the teaching of the early philosophers was imperfect, and that it was afterwards perfected by those who succeeded them. So also in practical matters: for those who first endeavored to discover something useful for the human community, not being able by themselves to take everything into consideration, set up certain institutions which were deficient in many ways; and these were changed by subsequent lawgivers who made institutions that might prove less frequently deficient in respect of the common weal.

On the part of man, whose acts are regulated by law, the law can be rightly changed on account of the changed condition of man, to whom different things are expedient according to the difference of his condition. An example is proposed by Augustine (De Lib. Arb. i, 6): "If the people have a sense of moderation and responsibility, and are most careful guardians of the common weal, it is right to enact a law allowing such a people to choose their own magistrates for the government of the commonwealth. But if, as time goes on, the same people become so corrupt as to sell their votes, and entrust the government to scoundrels and criminals; then the right of appointing their public officials is rightly forfeit to such a people, and the choice devolves to a few good men."

Reply to Objection 1: The natural law is a participation of the eternal law, as stated above (Question [91], Article [2]), and therefore endures without change, owing to the unchangeableness and perfection of the Divine Reason, the Author of nature. But the reason of man is changeable and imperfect: wherefore his law is subject to change. Moreover the natural law contains certain universal precepts, which are everlasting: whereas human law contains certain particular precepts, according to various emergencies.

Reply to Objection 2: A measure should be as enduring as possible. But nothing can be absolutely unchangeable in things that are subject to change. And therefore human law cannot be altogether unchangeable.

Reply to Objection 3: In corporal things, right is predicated absolutely: and therefore, as far as itself is concerned, always remains right. But right is predicated of law with reference to the common weal, to which one and the same thing is not always adapted, as stated above: wherefore rectitude of this kind is subject to change.

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Article: 2 [<< | >>]

Objection 1: It would seem that human law should be changed, whenever something better occurs. Because human laws are devised by human reason, like other arts. But in the other arts, the tenets of former times give place to others, if something better occurs. Therefore the same should apply to human laws.

Objection 2: Further, by taking note of the past we can provide for the future. Now unless human laws had been changed when it was found possible to improve them, considerable inconvenience would have ensued; because the laws of old were crude in many points. Therefore it seems that laws should be changed, whenever anything better occurs to be enacted.

Objection 3: Further, human laws are enacted about single acts of man. But we cannot acquire perfect knowledge in singular matters, except by experience, which "requires time," as stated in Ethic. ii. Therefore it seems that as time goes on it is possible for something better to occur for legislation.

On the contrary, It is stated in the Decretals (Dist. xii, 5): "It is absurd, and a detestable shame, that we should suffer those traditions to be changed which we have received from the fathers of old."

I answer that, As stated above (Article [1]), human law is rightly changed, in so far as such change is conducive to the common weal. But, to a certain extent, the mere change of law is of itself prejudicial to the common good: because custom avails much for the observance of laws, seeing that what is done contrary to general custom, even in slight matters, is looked upon as grave. Consequently, when a law is changed, the binding power of the law is diminished, in so far as custom is abolished. Wherefore human law should never be changed, unless, in some way or other, the common weal be compensated according to the extent of the harm done in this respect. Such compensation may arise either from some very great and every evident benefit conferred by the new enactment; or from the extreme urgency of the case, due to the fact that either the existing law is clearly unjust, or its observance extremely harmful. Wherefore the jurist says [*Pandect. Justin. lib. i, ff., tit. 4, De Constit. Princip.] that "in establishing new laws, there should be evidence of the benefit to be derived, before departing from a law which has long been considered just."

Reply to Objection 1: Rules of art derive their force from reason alone: and therefore whenever something better occurs, the rule followed hitherto should be changed. But "laws derive very great force from custom," as the Philosopher states (Polit. ii, 5): consequently they should not be quickly changed.

Reply to Objection 2: This argument proves that laws ought to be changed: not in view of any improvement, but for the sake of a great benefit or in a case of great urgency, as stated above. This answer applies also to the Third Objection.

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Article: 3 [<< | >>]

Objection 1: It would seem that custom cannot obtain force of law, nor abolish a law. Because human law is derived from the natural law and from the Divine law, as stated above (Question [93], Article [3]; Question [95], Article [2]). But human custom cannot change either the law of nature or the Divine law. Therefore neither can it change human law.

Objection 2: Further, many evils cannot make one good. But he who first acted against the law, did evil. Therefore by multiplying such acts, nothing good is the result. Now a law is something good; since it is a rule of human acts. Therefore law is not abolished by custom, so that the mere custom should obtain force of law.

Objection 3: Further, the framing of laws belongs to those public men whose business it is to govern the community; wherefore private individuals cannot make laws. But custom grows by the acts of private individuals. Therefore custom cannot obtain force of law, so as to abolish the law.

On the contrary, Augustine says (Ep. ad Casulan. xxxvi): "The customs of God's people and the institutions of our ancestors are to be considered as laws. And those who throw contempt on the customs of the Church ought to be punished as those who disobey the law of God."

I answer that, All law proceeds from the reason and will of the lawgiver; the Divine and natural laws from the reasonable will of God; the human law from the will of man, regulated by reason. Now just as human reason and will, in practical matters, may be made manifest by speech, so may they be made known by deeds: since seemingly a man chooses as good that which he carries into execution. But it is evident that by human speech, law can be both changed and expounded, in so far as it manifests the interior movement and thought of human reason. Wherefore by actions also, especially if they be repeated, so as to make a custom, law can be changed and expounded; and also something can be established which obtains force of law, in so far as by repeated external actions, the inward movement of the will, and concepts of reason are most effectually declared; for when a thing is done again and again, it seems to proceed from a deliberate judgment of reason. Accordingly, custom has the force of a law, abolishes law, and is the interpreter of law.

Reply to Objection 1: The natural and Divine laws proceed from the Divine will, as stated above. Wherefore they cannot be changed by a custom proceeding from the will of man, but only by Divine authority. Hence it is that no custom can prevail over the Divine or natural laws: for Isidore says (Synon. ii, 16): "Let custom yield to authority: evil customs should be eradicated by law and reason."

Reply to Objection 2: As stated above (Question [96], Article [6]), human laws fail in some cases: wherefore it is possible sometimes to act beside the law; namely, in a case where the law fails; yet the act will not be evil. And when such cases are multiplied, by reason of some change in man, then custom shows that the law is no longer useful: just as it might be declared by the verbal promulgation of a law to the contrary. If, however, the same reason remains, for which the law was useful hitherto, then it is not the custom that prevails against the law, but the law that overcomes the custom: unless perhaps the sole reason for the law seeming useless, be that it is not "possible according to the custom of the country" [*Question [95], Article [3]], which has been stated to be one of the conditions of law. For it is not easy to set aside the custom of a whole people.

Reply to Objection 3: The people among whom a custom is introduced may be of two conditions. For if they are free, and able to make their own laws, the consent of the whole people expressed by a custom counts far more in favor of a particular observance, that does the authority of the sovereign, who has not the power to frame laws, except as representing the people. Wherefore although each individual cannot make laws, yet the whole people can. If however the people have not the free power to make their own laws, or to abolish a law made by a higher authority; nevertheless with such a people a prevailing custom obtains force of law, in so far as it is tolerated by those to whom it belongs to make laws for that people: because by the very fact that they tolerate it they seem to approve of that which is introduced by custom.

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Article: 4 [<< | >>]

Objection 1: It would seem that the rulers of the people cannot dispense from human laws. For the law is established for the "common weal," as Isidore says (Etym. v, 21). But the common good should not be set aside for the private convenience of an individual: because, as the Philosopher says (Ethic. i, 2), "the good of the nation is more godlike than the good of one man." Therefore it seems that a man should not be dispensed from acting in compliance with the general law.

Objection 2: Further, those who are placed over others are commanded as follows (Dt. 1:17): "You shall hear the little as well as the great; neither shall you respect any man's person, because it is the judgment of God." But to allow one man to do that which is equally forbidden to all, seems to be respect of persons. Therefore the rulers of a community cannot grant such dispensations, since this is against a precept of the Divine law.

Objection 3: Further, human law, in order to be just, should accord with the natural and Divine laws: else it would not "foster religion," nor be "helpful to discipline," which is requisite to the nature of law, as laid down by Isidore (Etym. v, 3). But no man can dispense from the Divine and natural laws. Neither, therefore, can he dispense from the human law.

On the contrary, The Apostle says (1 Cor. 9:17): "A dispensation is committed to me."

I answer that, Dispensation, properly speaking, denotes a measuring out to individuals of some common goods: thus the head of a household is called a dispenser, because to each member of the household he distributes work and necessaries of life in due weight and measure. Accordingly in every community a man is said to dispense, from the very fact that he directs how some general precept is to be fulfilled by each individual. Now it happens at times that a precept, which is conducive to the common weal as a general rule, is not good for a particular individual, or in some particular case, either because it would hinder some greater good, or because it would be the occasion of some evil, as explained above (Question [96], Article [6]). But it would be dangerous to leave this to the discretion of each individual, except perhaps by reason of an evident and sudden emergency, as stated above (Question [96], Article [6]). Consequently he who is placed over a community is empowered to dispense in a human law that rests upon his authority, so that, when the law fails in its application to persons or circumstances, he may allow the precept of the law not to be observed. If however he grant this permission without any such reason, and of his mere will, he will be an unfaithful or an imprudent dispenser: unfaithful, if he has not the common good in view; imprudent, if he ignores the reasons for granting dispensations. Hence Our Lord says (Lk. 12:42): "Who, thinkest thou, is the faithful and wise dispenser [Douay: steward], whom his lord setteth over his family?"

Reply to Objection 1: When a person is dispensed from observing the general law, this should not be done to the prejudice of, but with the intention of benefiting, the common good.

Reply to Objection 2: It is not respect of persons if unequal measures are served out to those who are themselves unequal. Wherefore when the condition of any person requires that he should reasonably receive special treatment, it is not respect of persons if he be the object of special favor.

Reply to Objection 3: Natural law, so far as it contains general precepts, which never fail, does not allow of dispensations. In other precepts, however, which are as conclusions of the general precepts, man sometimes grants a dispensation: for instance, that a loan should not be paid back to the betrayer of his country, or something similar. But to the Divine law each man stands as a private person to the public law to which he is subject. Wherefore just as none can dispense from public human law, except the man from whom the law derives its authority, or his delegate; so, in the precepts of the Divine law, which are from God, none can dispense but God, or the man to whom He may give special power for that purpose.

This document (last modified January 11, 1998) from the Christian Classics Ethereal Library server, at Wheaton College

(Benziger Bros. edition, 1947)

Translated by

Fathers of the English Dominican Province

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We must now consider each kind of precept of the Old Law: and (1) the moral precepts, (2) the ceremonial precepts, (3) the judicial precepts. Under the first head there are twelve points of inquiry:

(1) Whether all the moral precepts of the Old Law belong to the law of nature?

(2) Whether the moral precepts of the Old Law are about the acts of all the virtues?

(3) Whether all the moral precepts of the Old Law are reducible to the ten precepts of the decalogue?

(4) How the precepts of the decalogue are distinguished from one another?

(5) Their number;

(6) Their order;

(7) The manner in which they were given;

(8) Whether they are dispensable?

(9) Whether the mode of observing a virtue comes under the precept of the Law?

(10) Whether the mode of charity comes under the precept?

(11) The distinction of other moral precepts;

(12) Whether the moral precepts of the Old Law justified man?

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Objection 1: It would seem that not all the moral precepts belong to the law of nature. For it is written (Ecclus. 17:9): "Moreover He gave them instructions, and the law of life for an inheritance." But instruction is in contradistinction to the law of nature; since the law of nature is not learnt, but instilled by natural instinct. Therefore not all the moral precepts belong to the natural law.

Objection 2: Further, the Divine law is more perfect than human law. But human law adds certain things concerning good morals, to those that belong to the law of nature: as is evidenced by the fact that the natural law is the same in all men, while these moral institutions are various for various people. Much more reason therefore was there why the Divine law should add to the law of nature, ordinances pertaining to good morals.

Objection 3: Further, just as natural reason leads to good morals in certain matters, so does faith: hence it is written (Gal. 5:6) that faith "worketh by charity." But faith is not included in the law of nature; since that which is of faith is above nature. Therefore not all the moral precepts of the Divine law belong to the law of nature.

On the contrary, The Apostle says (Rm. 2:14) that "the Gentiles, who have not the Law, do by nature those things that are of the Law": which must be understood of things pertaining to good morals. Therefore all the moral precepts of the Law belong to the law of nature.

I answer that, The moral precepts, distinct from the ceremonial and judicial precepts, are about things pertaining of their very nature to good morals. Now since human morals depend on their relation to reason, which is the proper principle of human acts, those morals are called good which accord with reason, and those are called bad which are discordant from reason. And as every judgment of speculative reason proceeds from the natural knowledge of first principles, so every judgment of practical reason proceeds from principles known naturally, as stated above (Question [94], Articles [2],4): from which principles one may proceed in various ways to judge of various matters. For some matters connected with human actions are so evident, that after very little consideration one is able at once to approve or disapprove of them by means of these general first principles: while some matters cannot be the subject of judgment without much consideration of the various circumstances, which all are not competent to do carefully, but only those who are wise: just as it is not possible for all to consider the particular conclusions of sciences, but only for those who are versed in philosophy: and lastly there are some matters of which man cannot judge unless he be helped by Divine instruction; such as the articles of faith.

It is therefore evident that since the moral precepts are about matters which concern good morals; and since good morals are those which are in accord with reason; and since also every judgment of human reason must needs by derived in some way from natural reason; it follows, of necessity, that all the moral precepts belong to the law of nature; but not all in the same way. For there are certain things which the natural reason of every man, of its own accord and at once, judges to be done or not to be done: e.g. "Honor thy father and thy mother," and "Thou shalt not kill, Thou shalt not steal": and these belong to the law of nature absolutely. And there are certain things which, after a more careful consideration, wise men deem obligatory. Such belong to the law of nature, yet so that they need to be inculcated, the wiser teaching the less wise: e.g. "Rise up before the hoary head, and honor the person of the aged man," and the like. And there are some things, to judge of which, human reason needs Divine instruction, whereby we are taught about the things of God: e.g. "Thou shalt not make to thyself a graven thing, nor the likeness of anything; Thou shalt not take the name of the Lord thy God in vain."

This suffices for the Replies to the Objections.

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Objection 1: It would seem that the moral precepts of the Law are not about all the acts of virtue. For observance of the precepts of the Old Law is called justification, according to Ps. 118:8: "I will keep Thy justifications." But justification is the execution of justice. Therefore the moral precepts are only about acts of justice.

Objection 2: Further, that which comes under a precept has the character of a duty. But the character of duty belongs to justice alone and to none of the other virtues, for the proper act of justice consists in rendering to each one his due. Therefore the precepts of the moral law are not about the acts of the other virtues, but only about the acts of justice.

Objection 3: Further, every law is made for the common good, as Isidore says (Etym. v, 21). But of all the virtues justice alone regards the common good, as the Philosopher says (Ethic. v, 1). Therefore the moral precepts are only about the acts of justice.

On the contrary, Ambrose says (De Paradiso viii) that "a sin is a transgression of the Divine law, and a disobedience to the commandments of heaven." But there are sins contrary to all the acts of virtue. Therefore it belongs to Divine law to direct all the acts of virtue.

I answer that, Since the precepts of the Law are ordained to the common good, as stated above (Question [90], Article [2]), the precepts of the Law must needs be diversified according to the various kinds of community: hence the Philosopher (Polit. iv, 1) teaches that the laws which are made in a state which is ruled by a king must be different from the laws of a state which is ruled by the people, or by a few powerful men in the state. Now human law is ordained for one kind of community, and the Divine law for another kind. Because human law is ordained for the civil community, implying mutual duties of man and his fellows: and men are ordained to one another by outward acts, whereby men live in communion with one another. This life in common of man with man pertains to justice, whose proper function consists in directing the human community. Wherefore human law makes precepts only about acts of justice; and if it commands acts of other virtues, this is only in so far as they assume the nature of justice, as the Philosopher explains (Ethic. v, 1).

But the community for which the Divine law is ordained, is that of men in relation to God, either in this life or in the life to come. And therefore the Divine law proposes precepts about all those matters whereby men are well ordered in their relations to God. Now man is united to God by his reason or mind, in which is God's image. Wherefore the Divine law proposes precepts about all those matters whereby human reason is well ordered. But this is effected by the acts of all the virtues: since the intellectual virtues set in good order the acts of the reason in themselves: while the moral virtues set in good order the acts of the reason in reference to the interior passions and exterior actions. It is therefore evident that the Divine law fittingly proposes precepts about the acts of all the virtues: yet so that certain matters, without which the order of virtue, which is the order of reason, cannot even exist, come under an obligation of precept; while other matters, which pertain to the well-being of perfect virtue, come under an admonition of counsel.

Reply to Objection 1: The fulfilment of the commandments of the Law, even of those which are about the acts of the other virtues, has the character of justification, inasmuch as it is just that man should obey God: or again, inasmuch as it is just that all that belongs to man should be subject to reason.

Reply to Objection 2: Justice properly so called regards the duty of one man to another: but all the other virtues regard the duty of the lower powers to reason. It is in relation to this latter duty that the Philosopher speaks (Ethic. v, 11) of a kind of metaphorical justice.