Treatise — Merkelbach, Summa Theologiae Moralis
Treatise: On Laws in General
Introduction
220. Object of the treatise. - After the consideration of human acts in themselves and of their proximate, immediate, and intrinsic rule, which is conscience, there logically follows the treatise on the remote and extrinsic rule, as the extrinsic and regulative principle of conscience itself, according to which acts must be directed to the end, namely, on law, which conscience must apply in each of our actions and thus be conformed and subordinated to it.
In this treatise we shall speak not of individual laws considered specifically, but of law itself and of its supreme species considered in general, namely:
- of law in general: a) of law in itself, b) of its division, c) of its effects; then in species:
- of eternal law, 3) of natural law, 4) of human or civil law, 5) of divine law, 6) of ecclesiastical law; and concerning each we shall speak of their a) essence, b) power, c) mutability.
These six parts are reduced to three sections: the first two regard law rather according to psychological being; the next two regard law as the rule of morally good acts, according to moral being; the last two regard law also as the rule of supernatural acts, according to supernatural being.
- Besides the authors cited for all general morals, and the better-known recent ones, such as St. Alphonsus with his disciples Aertnijs and Marc; Ballerini, Lehmkuhl, Noldin, Genicot, Vermeersch, all from the Society of Jesus; the Mechlin Theology, Haine, and Tanquerey; Prummer from the Order of Preachers, etc., the following can especially be consulted: Suarez, De Legibus; Van den Berghe, Tractatus de Legibus; Waffelaert, De l'obligation en conscience des lois civiles; Dom Lottin, Loi morale naturelle et loi positive; L'ordre moral et l'ordre logique; La definition classique de la loi (in Revue Neo-Scolastique, 1925); Le Droit naturel chez S. Thomas et ses predecesseurs; A. Valensin, Traite de Droit Naturel; B. Kuhlmann, Der Gesetzesbegriff des H. Thomas v. Aquin; Maroto, Institutiones Iuris canonici, I; Van Hove, Commentarium Lovaniense in Cod. I. C., t. II-V; Berutti, Institutiones Iuris canonici, Normae generales.
Within this treatise
Section A: On Law According to Psychological Beingnn. 221–243
First Part: On Law in Generalnn. 221–237
First Question: On Law Itself in Itselfnn. 221–229
- Article I: On the Essence of Lawnn. 221–225
- Article II: On the Promulgation of Lawnn. 226–229
- Second Question: On the Distinction of Lawsn. 230
Section B: On the Laws Which Rule Moral Actsnn. 244–299
Third Part: On Natural Lawnn. 244–261
Fourth Part: On Human and Civil Lawnn. 262–299
First Question: On Human Law in Itselfnn. 265–278
- Article I: On the End of Human Lawnn. 265–266
- Article II: On the Author of Civil Lawnn. 267–269
- Article III: On the Quality of Human Lawnn. 270–272
- Article IV: On the Formation of Human Lawnn. 273–276
- Article V: On the Division of Human Lawnn. 277–278
- Third Question: On the Mutability of Human Lawnn. 298–299
Section C: On the Laws Which Rule Supernatural Actsnn. 300–409
Fifth Part: On Divine Lawnn. 300–322
Chapter I: On the Old Lawnn. 302–314
Chapter II: On the New Lawnn. 315–322
Sixth Part: On Ecclesiastical Lawnn. 323–409
Second Question: On the Power or Obligation of Ecclesiastical Lawnn. 340–371
- Article I: On the Quantity or Gravity of Obligationnn. 341–343
- Article II: On the Quality and Extension of the Obligation of Preceptive Lawnn. 344–347
- Article III: On the Quality and Extension of the Obligation of Penal Lawnn. 348–351
- Article IV: On the Quality and Extension of the Obligation of Invalidating Lawnn. 352–354
- Article V: On the Subjects of Ecclesiastical Lawnn. 355–359
- Article VI: On the Fulfillment of Ecclesiastical Lawnn. 360–366
- Article VII: On the Interpretation of Ecclesiastical Lawnn. 367–371
Third Question: On the Mutability of Ecclesiastical Lawnn. 372–409
- Article I: On Ignorancenn. 373–375
- Article II: On Inabilitynn. 376–380
- Article III: On Dispensationnn. 381–390
- Article IV: On Privilegenn. 391–397
- Article V: On Cessation of the Endnn. 398–400
- Article VI: On Abrogation and Derogationnn. 401–403
- Article VII: On Customnn. 404–409