On the natural law

D. Thomas, q. 94.

[You will ask 1° whether natural law be given in us.

I answer. in the affirmative.

It is proved. 1° from the Apostle, Rom., II, 14 and 15: The nations who have not the law, namely the Mosaic or Evangelical law, naturally do those things that are of the law. Such as have not the law are a law to themselves, who show the work of the law written in their hearts. From St. Ambrose, lib. IX, epist. 71: « That law is not written but innate, nor is it perceived by any reading, but is expressed in each one by a flowing fountain of nature; » from St. Augustine, lib. II Confess., c. 4, n. 9: « Thy law, O Lord, law written in the hearts of men, which not even iniquity itself erases, » and lib. II de Sermone Domini in monte, c. 9, n. 32: « Who wrote in the hearts of men the natural law, save God? »

It is proved. 2° by reason¹. « Law, says St. Thomas, since it be a rule and measure, can be in someone in a twofold way: in one mode, as in the ruler and measurer; in another mode, as in the ruled and measured, because insofar as it participates something of rule or measure, so is it ruled or measured. Whence, since all things which are subject to divine providence are regulated and measured by the eternal law, it is manifest that all things participate after a manner in the eternal law, namely insofar as from its impression they have inclinations into their proper acts and ends. — But among other things the rational creature is subject to divine providence in an excellent manner, insofar as it itself becomes a partaker of providence, providing for itself and for others. Whence also in it is participated eternal reason, whereby it has a natural inclination to its due act and end. And such participation of the eternal law in the rational creature is called natural law. » ¹ Here q. 91, a. 2, o.

It is confirmed by the intimate sense and testimony of everyone. For there is no one who does not experience in himself some dictate intimating and commanding that good must be done, evil avoided, God adored, parents honored, lying not committed, stealing not done, etc., in all of which, as the Apostle says, Rom., II, 15, their conscience rendering testimony to them. But this dictate is called natural law.]

You will ask 2° what natural law is.

I answer. Among various opinions, it seems truer that natural law is nothing else than the natural light as impressed upon and participated from reason or the eternal law¹; because thus are had all things which are wont to be attributed to natural law. 1° It is inborn in us, and found in children and the insane. 2° It is not only demonstrative of good, but also preceptive, because it is impression and participation of the eternal law, consequently empire of superior over inferior. 3° It binds by divine right, because it is immediately from God. ¹ Ibid.

You will ask 3° whether natural law contain more precepts, or only one.

I answer. that it contains more precepts, which nevertheless are founded upon this one: « Good must be done, evil must be avoided »². ² Here q. 94, a. 2, o.

[Precepts of a triple kind are natural, according as there is in man a triple grade of inclination: 1° According to common nature with all beings, there is in him inclination toward conservation of his being, according to which the law of nature commands that sleep, food be taken, destructive things resisted. 2° According to common nature with all animals, there is in him inclination toward conservation of species, according to which there pertain to the law of nature the precepts of temperance concerning acts tending to this end and the education of offspring. 3° According to the nature of reason, which is proper to man, there is in him inclination to truth about God to be known, to immortality, to communication with other intellectual beings: and to this respond the precepts of adoring God, honoring parents, and similar things of religion and justice.]

They are distinguished. again, the precepts of the law of nature into those per se known to all, such as are the first and universal ones: « Good must be done, evil avoided; what thou wilt not have done to thyself, do thou not to another, etc.; » and into those which are more determined and are drawn immediately from the first, such as the precepts of the Decalogue; at length into remoter ones, which are drawn from the first only mediately, such as many which concern contracts¹. ¹ Ibid.

[Precepts of the law of nature can moreover be distinguished by order to the persons about whom they are concerned; for some are about God, some about neighbor, some about ourselves.

Therefore the law of nature can be said to be manifold and one: manifold, because it contains many and diverse precepts; one, because all precepts are founded on one, as was said, and are ordered to one last end.]

You will ask 4° whether natural law bind all men, even children and the insane.

I answer. in the affirmative. Yet it binds children and the insane only imperfectly and in first act, not perfectly and in second act.

The reason of the first part, because natural law is innate in all, even children and the insane, from nature itself, as was said, so that what children and the insane do against the law of nature is base and unseemly, as if they blaspheme, defile themselves, or do anything like, and no one may induce them to these; which is an open sign that they are comprehended under natural law and bound by it at least in first act.

The reason of the second part is, that children and the insane are not so bound by natural law that, if they transgress it, they sin and incur guilt of punishment, but are excused from sin and punishment, inasmuch as that law is not promulgated to them; for it is promulgated through actual dictate or discourse, whereof they are not capable: consequently it does not bind them perfectly and in second act.

You will ask 5° whether every obligation be an effect of natural law.

I answer. that not every obligation is a proximate effect of natural law, yet that it is a remote effect.

The reason of the first part is, that positive laws, divine as well as human, bind per se immediately, nor will anyone say that the obligation of fasting in Lent, confessing annually, communicating at Easter, believing, hoping, etc., arise proximately and per se from natural law.

The reason of the second part is: Positive law binds therefore, because natural law dictates and prescribes that obedience be rendered to one legitimately commanding, and hence theologians teach that no one turns away from God as supernatural author without turning away from him as natural author; which cannot be verified except because, transgressing the supernatural law, he at once transgresses natural law.

Whether and how natural right is distinguished from the right of nations, you have in the tract. on Right, dissert. I, art. 3.

Again, whether invincible ignorance of natural right could occur? The affirmative solution and ample proof seek in the preceding tract. dissert. V, art. 4.

There remains one question alone, likewise celebrated, although perhaps more of name than of thing is treated in it, namely whether natural law admit dispensation. Whence