Treatise III. On Laws

Cf. Cod. iur. can. c. 8-30 and c. 63-86; St. Thomas (S. theol. I-II, q. 90-106); St. Alphonsus (Theol. mor. 1, 99-208); St. Antoninus (S. theol. I, tit. 11-18); Dom. Soto (De iust. et iur. l. 1 and 2); Suarez (De legibus; it is a very copious treatise, but not seldom disagreeing from the doctrine of St. Thomas); Mart. Bonacina (De legibus in gener. et in particul.; it is a very commendable treatise). Among moderns, among others, Bouquillon (Theol. fundam. de lege), D'Annibale (Summul. I, tr. 3), A. Vermeersch (Theol. mor. tom. I, tr. 3) are read with fruit.

Law

141.

141. Preliminary Note. Having considered human acts, it is necessary to treat of the norms of their morality. The norm of the morality of human acts is the eternal law and its application in a rational creature, namely, conscience,¹ or in other words: The supreme norm according to which all human acts must be directed is the eternal law ordained by God. For God is our ultimate end, and in conjunction with Him consists our beatitude, toward which all human acts must tend.² By force of His supreme dominion God has prescribed to us the way by which we can come to Him and to our beatitude. The laws given by Him indicate this way. Not all laws indeed have been given immediately and directly by God, but some are imposed upon us only indirectly and mediately (namely, through a legitimate created authority). But all laws, as many as are just, must necessarily be derived in some way from the eternal law.³ Hence it follows that we cannot attain our ultimate beatitude except by obeying just laws, whether divine or human. - The proximate (subjective) norm of our actions is our conscience or the dictate of right reason; and this norm indeed must agree with and be subordinated to the laws given by God. All human acts are to be regulated from these two norms; if they agree with them, they are morally good; but if they disagree, they are morally evil, or sins. Therefore fittingly after the treatise on human acts there is subjoined the treatise on the norms of morality, and indeed first on the supreme and objective norm, namely, on the eternal law and the other laws deduced from it; and then on the proximate and subjective norm, that is, on conscience.⁴ The whole treatise on laws, which is equally necessary in Moral Theology and in Ecclesiastical Law, we divide into three chapters:

1. On the notion and divisions of law in general;

2. On law given by God, or on divine law;

3. On human law.

¹ Cf. above n. 108.

² Cf. above n. 24.

³ S. theol. I-II, q. 93, a. 3.

⁴ In the work Philosophia moralis et socialis (I, n. 341), the distinguished L. Lehu well proves that according to logical order the treatise on laws is to be placed before the treatise on conscience.

The Rules of Morality Law

Within this treatise

Chapter I. On the Notion and Divisions of Lawnn. 142–147
Chapter II. On Divine Lawnn. 148–164
- Article I. On the Eternal Lawnn. 148–150
- Article II. On the Divine Natural Lawnn. 151–158
- Article III. On Positive Divine Lawnn. 159–164
Chapter III. On Human Lawnn. 165–300
- Article I. On the Author of Human Lawnn. 165–180
- Article II. On the Object of Human Lawnn. 181–184
- Article III. On the Subject of Human Lawnn. 185–199
  - § 1. On Infants and Impuberes as Subjects of Lawnn. 188–190
  - § 2. On the Legislator Himself as Subject to His Own Lawsnn. 191–192
  - § 3. On Peregrini and Vagi, Insofar as They Are Subject to Local Lawsnn. 193–199
- Article IV. On the Promulgation and Acceptance of Lawnn. 200–204
- Article V. On the Obligation of Human Lawnn. 205–220
  - § 1. On Penal Lawnn. 209–212
  - § 2. On Invalidating Lawnn. 213–215
  - § 3. On a Law Founded upon False Presumptionnn. 216–220
- Article VI. On the Mode of Fulfilling a Lawnn. 221–226
- Article VII. On the Interpretation of Law. (Juridical Hermeneutics.)nn. 227–233
  - § 1. On Simple Interpretationnn. 228–230
  - § 2. On Epikeiann. 231–233
- Article VIII. On the Cessation of Lawnn. 234–283
  - § 1. On the Cessation of Obligation Because of Impotencenn. 235–237
  - § 2. On the Cessation of the Obligation of Law by Dispensationnn. 238–262
  - § 3. On the Cessation of the Obligation of Law by Privilegenn. 263–268
  - § 4. On the Cessation of the Law Itself by Revocation and by the Cessation of the Total Endnn. 269–271
  - § 5. On the cessation of law through customnn. 272–283
- Article IX. On Civil Law and Its Obligationnn. 284–300
  - § 1. On civil law prescribing that taxes be paidnn. 288–294
  - § 2. On the civil law which commands military service to be performednn. 295–300