Dissertation II: On Human Law

136. DEFINITION. Human law is that which is made by men having care of a perfect community, for the good of subjects.

The institution of human laws is necessary for several reasons: first, so that the good proper to the community itself may be promoted (for to this laws are principally and of themselves ordered); then, so that divine law may be better known; finally, so that, strengthened by temporal sanction, it may be observed more perfectly (St. Thomas, 1.2, q. 95, a. 1).

DIVISION. Human law is one thing ecclesiastical, another civil, another of nations.

Ecclesiastical law is made by the rulers of the Church, by force of that jurisdiction which has been divinely granted: this regards first of all the spiritual and supernatural happiness of subjects.

Civil law is established by the presidents or chief men of civil society, by force of secular and natural jurisdiction, and regards the temporal happiness of subjects.

The law of nations is that which has been established and received by the consent of all nations. It is also called international right. Now this right is either primary, by which name is designated natural right itself accommodated to nations, for example, an unjust war is not to be waged; or secondary and accepted in a stricter sense, by which name are indicated those things which, by the usage and custom of nations, on account of common necessities and mutual relations, have been adopted. Cf. Suarez, de Leg., l. 2, c. 17-20; Kenrick, Theol. mor., tr. V, de Jure gentium; Liberatore, Instit. Ethicae, l. 3 throughout; Cathrein, Moralphil., I, 8 B, 6 K. Thus several things are judged to be of the law of nations which have been sanctioned concerning war and the manner of waging war; likewise the reception and inviolability of ambassadors, the commerce of letters, free trade with foreign nations, and similar things. Today there is commonly added the prohibition of all slavery strictly so called; the prohibition of injuring private goods in war, unless perhaps some things are excepted in naval war; free navigation on any sea (cf. Lehmkuhl, I, n. 287).

Now with every disputation concerning the law of nations passed over, as being alien to our scope, we shall discuss the other human laws. But so that the order of things may be preserved, we shall treat: 1. of the institution of laws; 2. of their promulgation; 3. of the interpretation of laws; 4. of the obligation of law; 5. of the causes removing the obligation of law; 6. of the causes removing the law itself.