Section 4: The Positive Divine Law

The positive divine law consists of precepts which God has given and supernaturally revealed to men for their salvation. Such legislation is morally necessary because reason is seriously impaired in consequence of the fall of our first parents, and man has not only a natural but likewise a supernatural destiny.¹

¹ Cfr. St. Thomas, Summa Theol., 1a, qu. 1, art. 1. —IDEM, Summa contra Gentiles, l. I, c. 4. —IDEM, Comment, in Sent., III, dist. 24, qu. 1, art. 3. —Conc. Vatican., Sess. III, c. 2; can. 2-3 de Revel.—St. Ambrose, Epist., 73, n. 9: "[The law given through Moses] would not have been necessary if we had been able to observe that natural law; but because we did not observe it, this law through Moses became necessary." (Migne, P. L., XVI, 1253). —St. Augustine, Enarr. in Ps., 57, n. 1: "The hand of our Maker wrote truth in our very hearts: 'What you do not wish to be done to you, do not do to another.' [Tob. IV, 16; Matth. VII, 12.] Even before the law was given, no one was permitted to be ignorant of this, so that there might be a basis for judging even those to whom the law had not been given. But lest men should complain that something was lacking to them, what they did not read in their hearts was also written on tablets." (P. L., XXXVI, 673).— IDEM, Confess., VII, c. 21, n. 27 (P. L., XXXII, 748). —F. J. Mach, Die Notwendigkeit der Offenbarung, Mayence, 1883. —J. Scheeben, Dogmatik, Vol. I, pp. 17 sqq. —Th. Meyer, S.J., Instit. Iuris Naturalis, Vol. I, 2nd ed., pp. 255 sqq. —Cat. Rom., P. I, c. 2, qu. 6. —St. Thomas, Summa Theol., 1a, qu. 1, art. 1: "The whole salvation of man, which is in God, depends upon knowledge of the truth."

The manifestation of God's will known as the positive divine law is contained in the Old and New Testaments.

I. THE OLD TESTAMENT. —The positive law of the Old Testament (lex vetus) is partly pre-Mosaic and partly Mosaic. The pre-Mosaic law consists of certain precepts given to individuals, (Noe, Abraham, etc.) mostly concerning divine worship, the use of animals for sacrifice, the rite of circumcision, etc.²

² Gen. VII, 2; IX, 4 (cfr. Acts XV, 20); XVII, 10-14; XXXVIII, 8 (cfr. Deut. XXV, 5 sq.). —A. Wiener, Die jüdischen Speisegesetze, Breslau 1895. —K. Böckenhoff, Das apostolische Speisegesetz, Paderborn 1903, pp. 8 sqq. —IDEM, Speisesatzungen mosaischer Art in mittelalterlichen Kirchenrechtsquellen, Münster 1907, pp. 1 sqq., 50 sqq. — G. Resch, Das Aposteldekret, Leipsic 1905, pp. 19 sqq., 41 sqq. —A. Seeberg, Die beiden Wege und das Aposteldekret, Leipsic 1906, pp. 38 sqq., 53 sqq.

Rabbinic tradition has handed down seven "Noachian precepts," i. e. canons or laws which were given by Jehovah to the sons of Noe. These precepts enjoin: (i) Submission to civil authority, kings, judges, etc.; (2) Avoidance of idolatry and sacrilege; (3) Reverence for the name of God, as in taking an oath; (4) Proper restraint and direction of the sexual instinct; (5) Reverence for life, even of animals, by refusing to consume the blood of beasts as food; (6) Respect for the rights of property; (7) Refusal to eat the members of a living animal. To these the Rabbins added others. Thus no stranger was allowed to dwell among the Hebrews unless he became a ''proselyte of the gate," i. e,, unless he worshipped the one true God and observed the Noachian precepts.

The Mosaic law consisted mainly of "the judgments, precepts, and laws which the Lord gave ... in Mount Sinai by the hand of Moses." ³ These precepts are commonly divided into three classes: moral, ceremonial, and judicial. i. The purely moral precepts of the Mosaic law (praecepta moralia) are all traceable to the Decalogue.⁴ They are "words of life,"⁵ because they express the will of the living God and are intended to give eternal life to those who observe them.⁶

³ Lev. XXVI, 45; Deut. VI, 1, 20; VII, 11. —Cfr. St. Thomas, Summa Theol., 1a 2ae, qu. 99, art. 2-5.

⁴ Ex. XX, 2-17; Deut. IV, 13; cfr. Matth. XXII, 37-40. —St. Augustine, Serm., 9 (al. 96 de temp.), n. 7: "The whole law is in two precepts, in the love of God and the love of neighbor; the Decalogue therefore pertains to two precepts, that is, to the love of God and of neighbor." —Ibid., n. 14: "The Ten Commandments are referred to those two, that we love God and our neighbor; and those two to that one. The one is: 'What you do not wish to be done to you, do not do to another.' In it the ten are contained; in it the two are contained." (Migne, P. L., XXXVIII, 80, 86).

⁵ λόγια ζῶντα. Acts VII, 38. — Cfr. J. E. Belser, Die Apostelgeschichte, Vienna 1905, p. 100.

⁶ Lev. XVIII, 5: "Keep my laws and my judgments, which if a man do, he shall live in them." —Cfr. Deut. XXXII, 47; Rom. VII, 10, 12, 14; Gal. III, 12.

The Decalogue contains two precepts which do not formally coincide with the commandments of the natural law. They are: the (temporary) prohibition of graven things or images, and the sanctification of the Sabbath. With the exception of these two precepts, the Decalogue embodies the natural law and consequently forms the basis of all ethical teaching. This explains why Christ did not abrogate the law of Moses, but expounded and fulfilled it and raised it to a higher plane.⁷

⁷ Matth. V, 17 sqq.; Rom. III, 31. —Cfr. Conc. Trident., Sess. VI, can. 19.

The third commandment in its literal wording is purely ritual; it simply designates a day for public worship and commands that day to be hallowed in a definite manner. The public worship of God as such is a precept of the natural law.⁸

⁸ Cfr. St. Thomas, Summa Theol., 2a 2ae, qu. 122, art. 4; IDEM, Comment. in Sent., III, dist. 37, art. 5.

2. The ceremonial precepts of the Mosaic law (praecepta caeremonialia sive legalia) typified Christ and His Church, and were abrogated by Him. "The law was our pedagogue in Christ," says St. Paul, "that we might be justified by faith; but after the faith is come, we are no longer under a pedagogue." ⁹ The ceremonial precepts of the Old Law, therefore, are no longer in force, but have been formally repealed, and hence it would be sinful to observe them. "Immediately after Christ's passion," says the Angelic Doctor, "[the legal precepts of the Old Law] were not only dead, i. e., no longer either effectual or binding, but also deadly, that is to say, whoever observed them was guilty of mortal sin." ¹⁰ 3. The judicial precepts of the Old Law (praecepta iudicialia)¹¹ are likewise abrogated, but it would not be sinful to obey them as mere human precepts, provided no obligation is attributed to them because of their being contained in the Mosaic code. In the language of the Schoolmen, these precepts are "mortua, non tamen mortifera."¹² The moral law of the Old Testament was a special prerogative granted to the Israelites in preference to other nations because "by them the pure light of the law was to be given to the world." ¹³ But the Mosaic law was imperfect in its form (consisting mostly of prohibitions) as well as in the manner of its fulfilment. It did not possess the power of justifying those to whom it was given, nor was it intended for this purpose. Its sole aim was to remind the Israelites of their sinfulness and to inspire them with a desire for Christ, who was to fulfil and perfect the law.¹⁴

⁹ Gal. II, 3-5; cfr. Gal. III, 24-29; IV, 9-10; V, 2.

¹⁰ Summa Theol., 1a 2ae, qu. 103, art. 4, ad 1: "Immediately after Christ's Passion [the legal precepts] began to be not only dead, that is, without force and obligation, but also deadly, so that whoever observed them sinned mortally."—Cfr. Acts XV, 10.— St. Justin Martyr, Dial. c. Tryph., c. 9-47. —St. Augustine, Epist., 82 (al. 18), n. 16: "Any Christian, even if he be from the Jews, who wishes to celebrate them in the same way, as though digging up sleeping ashes, will not be a dutiful escort or bearer of the body, but an impious violator of its burial." — Ibid., n. 20: Those things that were commanded for the sake of signification were to be permitted for a little while, especially to those who had come from that people to whom they were given. But afterward, as things buried with honor, they were to be abandoned irrevocably by all Christians." (Migne, P. L., XXXIII, 282, 285).

¹¹ Exod. XXI-XXIII.—Cfr. A. Schöpfer, Geschichte des alten Testamentes, 4th ed., Brixen 1906, pp. 304 sqq.; M. Seisenberger (tr. Buchanan), Practical Handbook for the Study of the Bible, New York 1911, pp. 106 sqq.

¹² Cfr. St. Thomas, Summa Theol., 1a 2ae, qu. 104, art. 3: "The judicial precepts are indeed dead because they have no binding force, but they are not deadly; for if some prince ordained that those judicial precepts be observed in his kingdom, he would not sin, unless perhaps they were observed or commanded to be observed as having binding force from the institution of the Old Law. Such an intention in observing them would be deadly." —Cfr. F. E. Kübel, Die soziale und volkswirtschaftliche Gesetzgebung des alten Testaments, 2nd ed., Stuttgart 1891; F. Buhl, Die sozialen Verhältnisse der Israeliten, Berlin 1899; F. Walter, Die Propheten in ihrem sozialen Beruf, Freiburg 1900, pp. 14 sqq.

¹³ Wisd. XVIII, 4; cfr. Deut. IV, 8; Ps. CXLVII, 19-20; Bar. III, 9 to IV, 4; Rom. III, 1-2; IX, 4.

¹⁴ Gal. II, 21; III, 24; V, 1; cfr. Acts XV, 10.

It would be wrong to say, however, —as Kant and Hegel and their respective followers do, —that the Mosaic law prescribed external acts only (lex mosaica cohibet manum, non animum). Its positive and negative precepts alike demand internal obedience, e. g., thou shalt not covet. True, in obeying the law of Moses, the Israelites were moved chiefly by the fear of temporal punishment and the hope of temporal reward.¹⁵ But these external sanctions were not their only motives. The more pious among them no doubt acted from higher considerations, —love of God, hope of eternal reward, etc. The commandments: "Thou shalt love the Lord thy God with thy whole heart, and with thy whole soul, and with thy whole strength," ¹⁶ and: "Be ye holy, because I the Lord your God am holy," ¹⁷ were not merely proclaimed, but inculcated as the rule of life. The Old Testament even anticipated the New by teaching that all men are children of God.¹⁸ The Mosaic code was by no means a law without grace, but a "holy, just, and good law/'¹⁹ perfectly capable of sanctifying those who observed it.

¹⁵ Heb. XII, 18-24. —St. Augustine, Contra Adimant., c. 17, n. 2: "This is the briefest and clearest difference between the two Testaments: fear and love. The former pertains to the old man, the latter to the new; yet both were brought forth and joined by the most merciful dispensation of the one God." (Migne, P. L., XLII, 159).—Ph. Kneib, Die "Jenseitsmoral," pp. 189 sqq., 204 sqq.

¹⁶ Deut. VI, 5 sqq.

¹⁷ Lev. XIX, 2, 18.

¹⁸ Lev. XI, 44; Deut. X, 16, 19; XI, 1, 13, 22; XIII, 3; XIV, 1; XXX, 6; Is. LXIII, 16; LXIV, 8; Mal. I, 6; Eccles. XII, 13; Ecclus. II, 20. —Cfr. G. Sternburg, Die Ethik des Deuteronomium, Berlin 1908; M. Wiener, Die Anschauungen der Propheten von der Sittlichkeit, Berlin 1909.

¹⁹ Rom. III, 31; VII, 12.—Cfr. Prop. Damnat. Quesnelli, prop. 64 sq. (Denzinger-Bannwart, n. 1414 sq.).

It has become the fashion to speak disparagingly of the Ten Commandments. But, as a non-Catholic writer justly observes, "one who has studied the history of comparative religions will judge differently. He will perceive that the Decalogue represents the highest achievement in the religious life of the nations before Christ. For whereas other lawgivers dealt indiscriminately with things big and little, sublime and ridiculous, attributing equal importance to each, the Decalogue contents itself with laying down the fundamentals of the moral and religious life for all times and generations. The Ten Commandments in their elementary majesty are a genuine revelation of the eternal moral order of the universe, because they emphasize the unity and spirituality of God, ascribe decisive importance to devotion in matters of life and worship, enjoin social precepts which are today admitted by all, and demand purity of intention and purpose."²⁰

²⁰ K. Furrer in the Theologische Literaturzeitung, Leipsic 1902, p. 419-

Another Protestant author says: "Ancient Babylonia was no doubt the center from which cultural influences radiated in every direction; but religion, which is the supreme achievement of all true culture, has its classic literature in the Bible." ²¹ Despite vociferous assertions to the contrary, no true equivalent of the Decalogue or of any considerable portion thereof has been discovered among the literary remains of ancient Babylonia. The resemblances traceable between the Mosaic law and the code of Hammurapi are mainly juridical; ethically, the former is beyond comparison superior to the latter.²²

²¹ E. Konig, Bibel und Babel, 3rd ed., Berlin 1902, p. 51.

²² Cfr. H. Pope, O.P., The Catholie Student's "Aids" to the Bible, London 1913, pp. 33 sq. —M. Seisenberger, Practical Handbook for the Study of the Bible, New York 1911, pp. 272 sq.

II. THE NEW TESTAMENT. —The moral law of the New Testament (lex nova sive evangelica) is the purest and most perfect expression of the divine will. It is pre-eminently the law because its Author, who is none other than our Lord and Saviour Jesus Christ, is "the truth, the way, and the life." St. Paul says: "The law of the spirit of life, in Christ Jesus, hath delivered me from the law of sin and death." ²³ a) The superiority of the New as compared with the Old Law appears from its quadruple character as (α) a new law, (β) a law of the spirit, (γ) a law of grace and liberty, and (δ) a law of love. α) As a new law, the Gospel effects moral regeneration and conversion; β) As a law of the spirit, it raises men above the material and animates them with the life of faith; γ) As a law of grace and liberty, it bestows divine grace, by which man is enabled to break the bonds of sin and to enjoy the prerogatives of the children of God; δ) As a law of love, its motive, content, and fulfilment is charity, which is identical with God Himself.²⁴

²³ Rom. VIII, 2; cfr. Jas. I, 25; II, 12; John I, 17.

²⁴ Rom. III, 27; VIII, 2; cfr. Jas. I, 25; II, 12; Matth. V, 17-47; XXII, 37-40; John XIII, 34-35; Col. III, 14. —St. Augustine, De Spiritu et Lit., c. 24, n. 41: "Just as the law of works written on tablets of stone, and its reward, that land of promise which the carnal house of Israel received when it was liberated from Egypt, pertains to the Old Testament, so the law of faith written in hearts, and its reward, the vision of contemplation which the spiritual house of Israel will receive when liberated from this world, pertains to the New Testament." (Migne, P. L., XLIV, 225). —St. Jerome, Epist., 128 (al. 12), n. 1, speaks of the "the majesty of the Gospel, at whose lightning every mortal sense is blunted." (P. L., XXII, 1096).

b) Being absolutely perfect and incapable of change or improvement, the moral law of the Gospel (testamentum aeternum) binds all men to whom it becomes known, and will remain in force forever.²⁵ The Montanists and the Joachists, who asserted that the New Testament would eventually be superseded by a higher law, —that of the Holy Ghost,²⁶ —were condemned by the Church.²⁷ The more recent theories of the indefinite perfectibility of human reason and the coming of a so-called Johannine age are clearly untenable.²⁸

²⁵ Matth. V, 17-18; XXVIII, 19-20; 2 Cor. III, 11; 2 Tim. II, 1; III, 14.

²⁶ In opposition to all the Fathers, who held dogma and morality to be absolutely complete since Christ, Tertullian, after his apostasy, declared that Christian ethics stood in need of further perfectioning. Thus he writes, De Virg. Velandis, c. 1: "The rule of faith is indeed wholly one, alone immovable and incapable of reform. ... While this law of faith remains, the other matters of discipline and conduct now admit the novelty of correction." (Ed. Leopold, P. 2, 201). —On Joachim of Flora see Stöckl, Geschichte der Philosophic des Mittelalters, Vol. I, pp. 288 sq.; E. G. Gardner, in the Cath. Encyclopedia, Vol. VIII, pp. 406 sq.; P. Fournier, Etudes sur Joachim de Flore et ses Doctrines, Paris 1909.

²⁷ Conc. Lat. IV., c. 2. —Cfr. the decree "Lamentabili" of the S. C. of the Holy Office, July 3, 1907, n. 21 (Denzinger-Bannwart, n. 431 sqq., 2021). —F. Heiner, Der neue Syllabus Pius' X., 2nd ed., Mayence 1908, pp. 104 sqq.

²⁸ Cfr. the Syllabus of Pius IX, prop. 56 (Denzinger-Bannwart, n. 1705 sq.).

As regards the relationship between the positive divine law and the moral law of nature it will be sufficient to observe that the former was given "in support of" the latter,²⁹ —materially to complete, and formally to spiritualize and animate it, and at the same time to enable those for whom the natural law was intended, to observe it to its full extent.³⁰

²⁹ Constitut. Apostol., VI, c. 19 (Funk, Didascalia, Vol. I, Paderborn 1905, p. 347).

³⁰ Cfr. Rom. I, 16; 1 Cor. I, 18. —St. Augustine, Enarr. in Ps., 118, S. 25, n. 4: "By the divine law that natural [law] was either restored, increased, or confirmed." (Migne, P. L., XXXVII, 1574).—On the objections raised against the ethical teaching of Christianity see W. Schneider, Göttliche Weltordnung, 2nd ed., pp. 490 sqq.; J. Mausbach, Catholic Moral Teaching and its Antagonists, New York 1914.

READINGS.—St. Thomas, Summa Theol., 1a 2ae, qu. 98-108. —St. Bonaventure, Comment, in Sent., III, dist. 40 (Opera Omnia, Vol. III, pp. 883 sqq.). —Suarez, De Legibus, IX-X (Opera Omnia, Vol. VI, pp. 419 sqq.). —Chr. Pesch, S.J., Praelectiones Dogmaticae, Vol. V, 4th ed., Freiburg 1916. —Th. Slater, S.J., A Manual of Moral Theology, Vol. I, pp. 118 sqq. —F. P. Kenrick, Theologia Moralis, Vol. I, Malines 1860, pp. 38 sqq. —A. Sweens, Theologia Moralis Fundamentalis, 2nd ed., Haaren 1910, pp. 143 sqq. —A. Tanquerey, Synopsis Theologiae Moralis, 2nd ed., Tournai 1905, pp. 123 sqq. —A. Lehmkuhl, S.J., Theologia Moralis, Vol. I, 11th ed., pp. 170 sqq.