Divine Positive Law

118. Notion. Positive divine law is a law freely made by God and promulgated by some immediate act. Hence positive divine law can be known by us only through revelation. Once the destination of man to a supernatural end has been supposed, God necessarily established a positive law by which man would be directed to the supernatural end of eternal beatitude. Positive divine law is distinguished as twofold: the ancient or Mosaic law, and the new or evangelical law. Passing over those things which are handed down concerning the old law, certain things concerning the new or evangelical law should be noted.

Just as the destination of man to a supernatural end does not destroy human nature and its natural end, but elevates and perfects them, so the revealed supernatural law does not take away the law of nature; so that positive law and natural law together constitute the integral moral law of man destined to the supernatural end of eternal life.

119. On the abrogation of the ancient law. 1. The ancient Mosaic law, which of itself obliged only the Jews, was abrogated at the death of Christ, or certainly on the day of Pentecost.

a. The apostolic council solemnly declares that the Mosaic law, and that whole law as to ceremonial, judicial, and moral precepts, was abrogated.¹ The Apostles communicate this declaration to the Antiochians in these words: "It has seemed good to the Holy Spirit and to us to impose no further burden upon you" (namely from the Mosaic law).²

b. It is certain that the Mosaic law did not cease before the death of Christ; but whether it was abrogated at the time of the death of Christ, as the Thomists will, or on the day of Pentecost, when the solemn promulgation of the new law was made, as the Scotists teach, cannot be affirmed with certainty. From the Apostle it is established that the old law did not cease before the death of Christ; from the same Apostle the opinion which holds that the old law was abrogated in the very death of Christ the Lord seems to be confirmed.³

2. Although the ancient law after the death of Christ was dead, that is, deprived of the force of obliging, nevertheless it did not immediately become death-bearing, but for a time could still be observed without sin; not indeed insofar as it signified Christ as going to come, but insofar as it prescribed the mode of worshiping God. And indeed the Apostles themselves sometimes observed the ceremonial things of the law.⁴

a. It is clear that these things hold of the ceremonial law, which to observe even now is mortal sin, since it is false and superstitious worship; for one who observes the ceremonies of the Mosaic law professes that the Messiah has not yet come, but is still going to come.⁵ The judicial precepts, and more so the moral precepts, are not death-bearing, although they themselves have also lost the force of obliging which arose from the Mosaic law.

b. When the new law had been sufficiently promulgated through the Apostles, the ancient law could no longer licitly be observed, but began to become death-bearing, or false and illicit worship. But when exactly this happened cannot indeed be accurately determined; nevertheless after the destruction of Jerusalem it certainly could no longer be observed.

c. Concerning this matter a celebrated controversy arose between St. Jerome and St. Augustine. The former contended that the Mosaic law after the death of Christ could never have been observed without sin; but that the Apostles observed it not seriously but by simulation. St. Augustine rightly contradicted him, contending that the Apostles, in observing the ancient law, acted seriously and could observe it without sin, because in the beginning it was indeed dead, but not yet death-bearing. Jerome at last yielded to the opinion of Augustine.⁶

¹ Cf. Acts 15:1 ff.

² Acts 15:28.

³ Heb. 9:16-17; Eph. 2:15. Cf. Pesch V, n. 517 f.

⁴ Cf. Acts 10:14; 16:3; 18:18; 21:24; 1 Cor. 9:20 f.

⁵ Cf. Gal. 5:2, 4.

⁶ Cf. Suarez, l. 9, c. 15 ff. Mohler, Gesammelte Schriften und Aufsatze (Regensburg: Manz, 1839), I, p. 1 ff.

120. On the existence of the new law. 1. Christ the Lord, by the legislative power which He possessed, established a new law obliging all, which is called supernatural law.

a. By the name of new law there is often understood improperly the new order of salvation which Christ instituted after the old law had been abrogated. Now this order of salvation contains law properly so called, or precepts made by Christ, who did not come to destroy (the law), but to fulfill.¹ And indeed: a. Christ announced very many precepts during His public life; therefore b. He commanded the Apostles and their successors to commend to men the observance of His commandments;² c. and the Council of Trent condemns those who deny that Christ gave new precepts.³

b. From a multiple title the law made by Christ must be called supernatural: both because it proceeds from God as author of the supernatural order, and because it is instituted for men elevated to the supernatural order and is observed by supernatural powers, and finally because it directs to a supernatural end.

2. The new or evangelical law contains precepts of three kinds: theological, moral, and sacramental. The theological are referred to the theological virtues;⁴ the moral are contained in the Decalogue, for Christ did not abrogate the natural law, but explicitly renewed it, confirmed it, and added greater perfection to it;⁵ the sacramental pertain to the sacraments and the oblation of the sacrifice.⁶

a. Because Christ confirmed the precepts of the Decalogue by His own authority, they oblige from a twofold title: by force of natural and positive law. Therefore Christians violating the precepts of the Decalogue do not indeed commit two sins diverse in species or number, yet they sin more gravely than unbelievers violating the same precepts.

b. Judicial precepts are not contained in the evangelical law, unless those precepts are called judicial which regard the constitution of the Church⁷ and its authority.⁸ Although judicial precepts are necessary for governing the faithful people gathered into a society, nevertheless Christ Himself did not will to establish them immediately, but only mediately through the Church, which He therefore furnished with legislative power. Precepts of this kind were afterward in fact established as occasions occurred, and they are contained in canon law.

c. Besides moral precepts, the new law also contains several moral counsels, of which the principal ones are the three counsels which are commonly called evangelical, namely of poverty, chastity, and obedience.

¹ Matt. 5:17.

² Matt. 28:20.

³ Sess. 6, can. 19.

⁴ Mark 16:16; Matt. 22:37; Luke 10:27.

⁵ Matt. 5: "But I say to you," etc.

⁶ John 3:5; Luke 22:19; John 6:54 f.

⁷ Matt. 16:18 f.

⁸ Matt. 18:17 ff.

121. Its obligation. The evangelical law obliges all men of all times and places. a. For it was imposed upon all by Christ,¹ because from the will of God all are to be led through Christ to sanctification and salvation. Therefore Christ expressly says: "All power has been given to Me in heaven and on earth. Going therefore, teach all nations. Teaching them to observe all things whatsoever I have commanded you."²

b. That the law of Christ obliges all men of all times, so that no other law will follow until the consummation of time, is clear: a. God in the Old Testament had promised a new covenant which would remain forever;³ b. Christ foretold the immutable stability of His kingdom;⁴ therefore the time of the new law is called the last time;⁵ c. it would have to be abrogated so that a more perfect one might be introduced; but there cannot be a law more perfect than that whose precepts immediately join man with God, whose sacraments truly sanctify man, whose sacrifice is of infinite dignity.

The absolute perfection of the moral doctrine of Christ the Lord is also apparent from the doctrine itself. First, being accommodated neither to a determinate time nor to a certain nation, it fits all men of all times and places. Besides this, its foundation and end is God, the absolute and infinitely perfect good. Finally, the precept of divine charity raises man to the highest moral perfection and at the same time to perfect beatitude. The precept of love of self and of neighbor satisfies in the most perfect way all the needs of human nature, both individual and social.

c. Nevertheless the precepts of the new law do not oblige all men in an equal way: for the precept of receiving faith and entering the Church through the reception of baptism obliges all immediately; but the others only mediately, namely through entrance into the Church and through baptism received.

To the question when the new law began to oblige, some respond that objectively and in first act its obligation began at the death of Christ, or at least on the day of Pentecost: for they think that Christ established that together with the solemn promulgation of the law its obligation should begin.⁶ But others teach that it began to oblige after its sufficient publication throughout the world; and that sufficient publication of it was made through the Apostles: for "their sound went forth into all the earth." Therefore in first act, at the time of the Apostles (forty years after the death of Christ, or certainly after the destruction of Jerusalem), all were obliged by the evangelical law. But in second act individuals are not obliged before knowledge of the law has reached them; for until this time unbelievers are excused from observance of the law because of ignorance.⁷

¹ Matt. 28:18 ff. Cf. Mark 16:15; Rom. 1:16.

² Matt. 28:18 ff.

³ Jer. 31:31, 40.

⁴ Matt. 16:18; 28:19 f.

⁵ Acts 2:17; 1 John 2:18.

⁶ Cf. John 3:14 ff.

⁷ Cf. Suarez, l. 10, c. 4, n. 25.

122. On the power of dispensing in positive divine law. a. It is certain that Christ, the author of the evangelical law, could have granted to the Church the power of dispensing in His law: for any legislator can confer upon another the power of dispensing in his laws. The question is whether this power has in fact been granted to the Church, and therefore whether the supreme pontiff can relax divine law from a just cause. But theologians commonly teach that power of this kind has not been granted to the Church, nor has the Church ever used this power.

The words of the Lord to Peter: "Whatever you shall loose upon earth shall be loosed in heaven,"¹ are not to be understood as altogether unlimited, but must be restricted to those things which are necessary so that the Church can perform her office, or to those things which are necessary for the good of the Church and the salvation of souls. But of this kind is not the power of dispensing in divine laws; for it is better if dispensation is not made in them. Namely, in order that the unity of the Church instituted by Christ might appear more clearly, it was altogether expedient that the principal institutes and precepts of Christ be uniform among all the faithful of all times, and therefore immutable.

b. Nevertheless the Church can declare and authentically interpret divine law, and this infallibly: for she is the infallible interpreter of the institutions and precepts of Christ. Therefore the supreme pontiff can not only declare what cause excuses from divine law, but can also determine the sense of the law and its obligation, and by interpreting can modify and limit the law itself.²

¹ Matt. 16:19.

² Cf. Ferraris, Bibliotheca (Rome: Typographia C. de Prop. Fide, 1890), s.v. Papa, a. 2, n. 30.

Besides the natural law, there are certain positive precepts which God has imposed on mankind. These are known to us from the manifestation of the divine will which we have in revelation, and especially in the Old and New Testament. Theologians divide the positive laws of the Old Testament into ceremonial, judicial, and moral precepts, The ceremonial precepts had reference to the system of religious worship established by God under the Old Law, the judicial regulated the civil polity of the chosen people of God, and when the old dispensation gave place to the new at the coming of our Lord both ceased to have binding force. Our Lord, however, by no means abolished the moral precepts contained in the Old Law; on the contrary, he promulgated them anew and perfected them.

In the New Law of Christ there are no new moral precepts except such as follow from the truths of faith which our Lord made known to us, and from the institution of the sacraments. We are under moral obligation to believe explicitly in the Blessed Trinity and in the Incarnation, as well as in other articles of the Christian faith. We are bound to receive the holy Eucharist and other sacraments instituted by Christ. But besides such as these, it is the common teaching of theologians that the Christian dispensation contains no new moral precepts. If our Lord called his precept of love new, he did not mean that the great commandment did not bind under the Old Law, but only that he urged it anew, gave us new motives to practise it, and especially his own divine example and wish. He also corrected some false interpretations of the moral law, which were current among the Jews of his time; he developed what was implicitly contained in the moral precepts of the Decalogue, and he added to the precepts counsels of great perfection, which he proposed as the ideal of the Christian life, but which he did not command all to follow under pain of sin. In moral theology we abstain as a rule from treating of what concerns perfection; it is our task to distinguish between what is sinful and what is not, for the use of the confessor in the sacred tribunal of Penance.

The law of Christ is meant not for a particular nation, but for all men. Christ commanded his followers to preach to the whole world, to teach all men to observe whatsoever he had commanded, and the new dispensation was not to be merely temporary, like the old, but it was to last to the end of time.¹

¹ Matt. xxviii 19.

I. Notion of eternal law. Eternal law taken broadly, or insofar as it regards creatures both irrational and rational, is defined: "the reason of divine wisdom insofar as it is directive of all acts and motions" (St. Thomas, I-II, q. 93, a. 1). Taken more strictly, it is the reason of divine wisdom insofar as it is directive of human acts; or, as St. Augustine defines it: "the reason or will of God commanding that the natural order be preserved, forbidding that it be disturbed."¹ By the natural order is understood the order founded in rational nature.

¹ Contra Faustum, bk. 22, c. 27.

II. Existence of eternal law is clear from this: in God, as Governor of the whole human community, there must be admitted an ordinance or law by which he directs human beings to the end. But the aforesaid ordinance is eternal, since God conceives or establishes nothing in time. Therefore there exists in God an eternal law (St. Thomas, I-II, q. 91, a. 1).

III. Acts of eternal law. Eternal law either prescribes, or prohibits, or permits, or counsels. By prescribing and prohibiting it imposes duty, but by permitting and counseling it grants right. "For the force of law," says Leo XIII,¹ "since it is to impose duties and to grant rights, rests entirely on authority, that is, on the true power of establishing duties and describing rights." Again: "It is wholly understood that in the eternal law of God there has been placed the norm and rule of liberty." St. Alphonsus teaches the same: "Every law," he says, "is from God; every natural right is from God.... The will of God alone, as most holy, most wise, and most upright, is the sole source of every right, every order, every law, every rule and measure of honesty. And to this purpose tends this sentence of St. Augustine: Nothing is done which is not either commanded or permitted from the invisible court of the Supreme Emperor" (Dichiarazione del sistema, n. 18).

Corollary. Human actions, although taken physically they are logically prior to law, nevertheless taken morally, or insofar as they can be placed by right, whatever they are, are posterior to eternal law. And just as obligation flows from law, so also liberty, insofar as it constitutes a moral faculty or insofar as it is a right, is derived from law and therefore is posterior to law.

¹ Encyclical Libertas, June 20, 1888.

Positive law, as we have said, is divine or human; human law is ecclesiastical or civil.

I. Positive law taken generally.

1. Positive law strictly accepted is law which has for its object that which is neither prescribed nor prohibited by natural law. Therefore it regards either acts indifferent in themselves, which it prescribes or forbids, or good acts but not obligatory ones, which it renders obligatory. But in a broader sense positive law is taken for every law which is promulgated not by the light of reason, but by some external sign, whether it regards the same matter as natural law or another matter.

2. That positive laws are necessary follows from the fact that, when the exigency of social life is considered, natural law does not suffice for ruling human beings. This law is unequal to attaining the said end, first, because with respect especially to more remote conclusions, there is great diversity of opinions. But since the order of society requires unity in acting, an authority is necessary which may explain the more remote conclusions and impose them on all as a norm. Furthermore, natural law contains many things only indeterminately. For example, it prescribes that all should concur toward the common good, but it does not determine in what way they ought to provide this. Hence there is need of authority which may determine indeterminate things according to the diverse circumstances of things and times (St. Thomas, I-II, q. 91, a. 3).

II. Positive divine law.

1. Notion. Positive divine law is positive law made by God. It has been promulgated through revelation. Moreover, this law, insofar as it regards the precepts of natural law, is morally necessary in the present condition of fallen nature, namely so that the said precepts may be known more fully, firmly, and without admixture of error.¹ But once the supernatural order has been posited, positive divine law is absolutely necessary with respect to the precepts of that order, because without it the obligations annexed to the said order cannot be known in any way (St. Thomas, I-II, q. 91, a. 4).

2. Division. Positive divine law is distinguished into primeval, Mosaic, and Christian law.

a) Primeval law is little known to us. It embraces the time which flowed from Adam until the Mosaic law was given; it is usually called the time of the law of nature.

b) Mosaic law, also called the old law, is the law made by God for the Israelite people and promulgated through Moses. I have said: made by God, as is clear from Sacred Scripture.² I have said: for the Israelite people, that is, for the people whom God led out of Egypt, and for their descendants. Therefore the gentiles were not bound by the Mosaic law, except insofar as it was natural. I have said: promulgated through Moses, as Sacred Scripture likewise testifies.³

a) The precepts of the Mosaic law were threefold: moral, ceremonial, and judicial. The notion of these can be gathered sufficiently from the terms themselves.

b) The special end of the said precepts was threefold: to preserve from universal corruption the people from whom the Messiah was going to arise; to join families and individuals more closely with God by ceremonial precepts and prepare them for the coming of the Messiah; finally, to give honorable security of temporal life, abundance of goods, and health of body.

c) The Mosaic law ceased from the death of Christ, or at least from the day of Pentecost, on which the Christian law began to be in full force. Namely, ceremonial and judicial laws are dead, as it is said. Moral laws, although they no longer bind as Mosaic laws, nevertheless bind as natural laws, with the indults of the Old Law also removed. Furthermore, the ceremonial laws are not only dead, but have even become deadly, that is, bringing spiritual death (St. Thomas, I-II, q. 103, a. 4), namely insofar as one would sin who observed them either as having force from the Mosaic law, or with the intention of worshiping God through faith in the Messiah who was to come. But one who observed it with the intention indeed of worshiping God, although not in a prefigurative sense, would place a worship alien from that which God prescribed by himself or through his Church.⁴

c) Christian law, which is also called new, is the law made by Christ for the whole world. Christ promulgated his law by his own mouth, while the Apostles and their successors divulged it and continually divulge it. Moreover, to the Christian law also belong the laws which the Apostles received from the Holy Spirit and promulgated.⁵ The former are called dominical laws, the latter divine-apostolic. There are added the evangelical counsels, namely of poverty, chastity, and obedience, which together with the precepts constitute divine law, which now cannot be removed or changed. Besides, observe:

a) The precepts of the New Law are distinguished into: 1. moral precepts, by which natural law is confirmed; 2. ceremonial precepts, which regard the sacraments and the Sacrifice of the Mass; 3. precepts of faith, whose mysteries Christ explained, increased, and imposed as to be believed.

b) The New Law, as it seems, began to be in full force, or at least to oblige all in first act, from the time at which the Mosaic law ceased, that is, from the death of Christ, or at least from the day of Pentecost.

¹ Vatican Council, constitution Dei Filius, c. II.

² Exod. 19:5-8; 31:18; Lev. 1:1 sq.; Matt. 15:3 sq.

³ Acts 7:53.

⁴ Sweens, Theologia moralis fundamentalis, n. 311.

⁵ Laws which the Apostles made by their own authority are human laws, namely ecclesiastical laws.

III. Positive ecclesiastical law is law made and promulgated by ecclesiastical authority. Now laws made by the Apostolic See are promulgated by publication in the official commentary of the Acta Apostolicae Sedis, unless in particular cases another mode of promulgating has been prescribed (can. 9). Hence the opinion of those who judged that pontifical laws had to be promulgated in individual dioceses in order that they have the force of obliging there must now be altogether rejected. Laws of Ordinaries are usually inserted, and thus promulgated, in the diocesan bulletin.

IV. Positive civil law is law made and promulgated by civil authority. Civil laws are promulgated almost everywhere by the fact that they are inserted in an authentic collection of laws.¹

Note. Law, and especially a collection of laws, is often called ius. Taken in this way, it is usually divided into natural law, the law of nations, ecclesiastical law, and civil law. Concerning the three latter, certain things are to be noted in scholia.

¹ This also has place among us (Wet houdende algemeene bepalingen, art. 2).

(Summa Theologica, I-II, qq. 98-108.)

Meaning.—The Positive Divine Law is the law added by God to the Natural Law, in order to direct the actions of man to his supernatural End, to assist him to a better observance of the Natural Law, and to perfect that which is wanting in human law.

(a) The Last End of man is not natural, but supernatural (see 20), and hence it was necessary that, in addition to the precepts which guide man towards his natural beatitude, there should be added precepts that will guide him towards his supernatural beatitude: “The Law of the Lord gives wisdom to little ones” (Ps. xviii. 8).

(b) The light of natural reason was sufficient to instruct man in the Natural Law, but through sin that light had become obscured, with the result that evil customs set in, and very many were at a loss how to apply the Natural Law, or applied it wrongly. Hence, it was most suitable that the Natural Law should be summed up in brief commandments and given externally by the authority of God. This was done through the Decalogue, which is a part of the Positive Divine Law of both the Mosaic and the Christian dispensations: “The testimony of the Lord is faithful” (Ps. xviii. 8).

(c) Human laws are the product of fallible human judgment; they can direct only such acts as are external, and they are unable to forbid or punish many evil deeds. Hence, it was necessary that there should be positive divine laws to supply for what is wanting in human law: “The law of the Lord is unspotted, converting souls” (Ps. xviii. 8).

The Positive Divine Law differs from the Natural Law as to subject-matter, permanence, and manner of promulgation.

(a) The precepts of the Natural Law are necessary, since they follow as necessary consequences from the nature of man, the precepts of the Positive Law of God, excluding those that are external promulgations of the Natural Law, are not necessary, since they follow from the free decree of God raising man to that which is above his nature.

(b) The precepts of the Natural Law are unchangeable, since the nature of man always remains the same. Of the precepts of the Positive Law of God some were changed, because given only for a time (such as the ceremonial laws of Judaism); others, absolutely speaking, could be changed, because not necessarily connected with the end God has in view (e.g., the laws concerning Sacraments).

(c) The precepts of both kinds of law are immediately from God; but the Natural Law is promulgated only in a general way, through the light of reason given to man along with his nature, while the Positive Law of God is proclaimed by special commands (e.g., “thou shalt not steal”).

The Positive Divine Law contains two kinds of precepts, viz., natural and supernatural commandments. (a) The natural precepts were given in order to recall to the minds of men the laws knowable through reason which had become obscured through passion, custom or example. The Commandments given to Moses on the tablets of stone renewed the natural precepts which God had written through reason on the hearts of men. (b) The supernatural precepts were given in order to point out to men the duties their supernatural destiny imposed. Example: The precepts of faith, hope, charity.

124. • Divine positive law is twofold, namely old and new.

I. The old law, or law of the Old Testament, contained precepts of a threefold kind.

1. Moral precepts, which regarded moral rectitude, and established that which had already been prescribed by natural law. Such are the precepts of the Decalogue.

2. Ceremonial precepts, which were referred to the worship of God, and established ceremonies and sacrifices.

3. Judicial precepts, which pertained to political and economic administration, or to the right governance of the people.

The old law was abrogated by Christ, as having been set until the seed should come to whom He had promised, as the Apostle says, Galat. 3.19. Therefore only the part of the old law which regarded morals has been preserved and confirmed in the new law.

II. The new or evangelical law, which is called the law of grace, or of liberty, or the New Testament, contains documents of a threefold kind, namely 1. moral precepts concerning the virtues, especially the theological virtues; 2. ceremonial precepts concerning the Sacraments and the sacrifice of the Mass; 3. mere counsels, but worthy of great reward.

The new law differs from the old law especially in the following things: 1. The old was a shadow and figure; the new is light and truth. - 2. The old was a law of fear; but the new is a law of grace and love.

The old law is called imperfect, not indeed in itself, but relatively to a more perfect law. For it was perfect in itself, since it had God as author, and God through it attained the end which He had established for Himself.

The new law was made for all, and therefore it obliges all to whom it is known. For thus Christ, Matth. 28.19, 20: Going therefore teach all nations, baptizing them in the name of the Father, etc..., teaching them to observe all things whatsoever I have commanded you.

212. Divine law is twofold: natural, which is founded in the very nature of things, is necessarily enacted by God, and is promulgated in human conscience; positive, which is freely enacted by God and is promulgated in various external modes. Each must be discussed separately.

234. Since perfect knowledge of the natural law, without admixture of error, is very difficult for the human race, some clear and positive declaration of this law through revelation becomes useful. Indeed, granted that man was elevated to the supernatural state, it is necessary that he be directed to the supernatural end through positive divine law: for means ought to be proportioned to the end. - In fact God, through revelation made to men, promulgated certain precepts of natural right, and also precepts imposed by His positive will. In that revelation a threefold stage is usually distinguished: the primeval law, manifested to the first parents and patriarchs, and therefore destined for the whole human race; the old law, or Mosaic law, manifested through Moses to the Israelite people; the new law, or Christian law, promulgated by the Incarnate Word, or Christ, for the whole human race. - Nothing special occurs here to be said concerning the primeval law, since very few things are known concerning it; wherefore the old and the new law must be briefly discussed.

Usefulness. - It is an office of religion that we know and esteem the divine law according to its worth. Nor without divine law can we acquire knowledge of human law, of which, in moral and canonical matters, there are perpetual applications.

Divine law is distinguished as eternal, natural, positive.

— A twofold positive divine law is distinguished: the law of the Old Testament, which was; the law of the New Testament, which is.

I. The old law contained moral, ceremonial, and judicial precepts. Of itself it did not confer grace. The Wurzburg Theologians ¹ assign to that law this threefold first and ultimate end: the spiritual and supernatural happiness of the elect people; the peculiar honor of Christ, for whose advent the people prepared itself through explicit faith; the institution of the elect people toward necessary honesty, divine worship, and polity.

One part of the old law was proposed by God to the elect people through the ministry of angels, another part through Moses. The part which the angels dictated is the Decalogue, all of whose precepts are moral, if you except the determination of the sabbath as the time in which one was to be free for God.

Yet the Decalogue does not formally contain all moral precepts. For it does not contain the two highest precepts and principles of the others, which, either through nature or through faith, are known of themselves to human reason, that is, the precept of love of God and of neighbor; nor does it express remote moral consequences which by diligent inquiry are found to be fitting to reason. But it formally enunciates those things which can be known from common principles by modest consideration, and pertain to the three virtues which are especially necessary for human intercourse, that is, to religion toward God, to piety toward parents, and to justice toward others in general.

Yet present usage has it that we refer all moral duties to the ten precepts of the Decalogue, according to the connection which they are shown to have with the individual precepts. Cf. 1, 2, q. 100 art. 3.

Moreover, "the priesthood being transferred... it is necessary that a transfer also be made of the law" (Hebr. 7, 12). Therefore the whole old law has been abrogated. Nor are the moral precepts to be excepted. But these subsist, not by force of Mosaic promulgation, but by force of the initial promulgation in reason and of the more recent promulgation in the Gospel or New Testament.

II. But the New Law imposes no other precepts except those of faith and the sacraments. For the Lord, the author and promulgator of the law of love, left all the remaining things to be defined by the Church.

¹ De Legibus, n. 11.

— I. Divine law is distinguished as eternal, natural, positive.

1. Eternal law is the very reason of the government of things existing in God, with the decree of promulgating it, insofar as it regards rational creatures. Causally it is complete in God, but, as long as subjects do not exist, it is terminatively incomplete. That eternal ordering comprises the hypothetical order of pure nature, the order of elevated nature, and the order of repaired nature.

II. 1. Natural law is the participation, through the light of reason, in the rational creature, of eternal law, insofar as it contains the natural order. This law founds every other law, even positive divine law. It has been promulgated whole in our nature, although its sufficient divulgation now requires revelation. Few things are so proximate to the first principle that they are known by all. The things which are thus plain are established not only deductively from a principle, but also, and more easily, by direct intuition.

2. Natural law is immutable, although by subtraction of matter it is sometimes apparently changed. And cessation of the end can never be alleged so that man may think himself exempt from observing the natural order.

3. The precepts of natural law are founded in that highest principle: Good is to be done, evil avoided. The precepts themselves can be variously distributed. Although the whole order of nature is essential, or founded in the essences of things, nevertheless it has some parts which are substantial, others secondary, or as it were accidental.

4. The subject of natural law is every man.

Natural law has the perfect sanction of happiness and ruin; and, whether it is observed or not, it will attain its primary end.

III. There is a twofold positive divine law: that of the Old Testament, whose most important part is the Decalogue, which nevertheless does not contain all moral precepts, and is wholly abrogated by the promulgation of the evangelical law; and that of the New Testament, which imposes no other precepts except those of faith and the sacraments.

113. Divine law is twofold, namely natural and positive. Now natural law is usually considered under a twofold aspect: 1. insofar as it is eternal, existing in the mind of God; 2. insofar as it is promulgated in time, and existing in creatures. Although positive divine law has been given through a decree which existed from eternity, nevertheless, strictly speaking, it is not called eternal; because, as we shall see below, it does not participate in the same necessity or immutability as natural law. Therefore we shall treat: 1. of eternal and natural law; 2. of positive divine law.

Christ. Pesch, Prael. Dogm., t. 5, n. 455; Lehmkuhl, I, n. 291; Tanquerey, II, n. 234; Piscetta, Theol. mor., n. 287; Genicot-Salsmans, I, n. 123.

130. DEFINITION. Positive divine law is a law freely and externally given by God as author of grace, which directs man to the supernatural end.

A law of this kind, according to St. Thomas (1.2, q. 91, a. 4), is NECESSARY for the direction of our life; both on account of the insufficiency of human law and also of natural law, and especially on account of man's destination to a supernatural end.

And hence it is that positive law of God is found in every state of human nature: 1. in the state of innocence, matrimony, and this one and indissoluble, was positively instituted by God; besides, the law was given to the first parents concerning not eating the fruit of the tree of the knowledge of good and evil; 2. in the state of fallen nature, from Adam until Moses, there was both the law forbidding the use of flesh with blood and the law imposing circumcision on the family of Abraham. Hence, when it is said that then there was only the law of nature, the sense is that there were not those many laws promulgated through Moses and consigned to letters; but a few, received and preserved through tradition. Reuter (P. I, n. 138, 2, end).

DIVISION. A twofold positive law of God is especially distinguished, namely: 1. the old Mosaic law; 2. the new or Evangelical law.

131. The Mosaic law is a supernatural law, given by God through Angels and promulgated through Moses, so that the Israelite people, in honor of Christ, might be peculiarly sanctified and disposed for his advent. Its character was particular. These things are evident from Sacred Scripture, especially from the Epistle to the Galatians.

It will suffice to note the following here: 1. The Mosaic precepts were of three kinds, namely moral, ceremonial, and judicial. The MORAL precepts ordered man toward God, toward himself, and toward others. These, if you except the circumstance of the Sabbath, are altogether the same as the precepts of the law of nature. The CEREMONIAL precepts regarded the external worship of God. All the ceremonies figured the mysteries of the new law, and concerned sacrifices, Sacraments, sacred things, and legal observances. The JUDICIAL precepts dictated the relations of men among themselves, and defined in what way justice was to be exercised toward the prince, fellow citizens, domestics, and foreigners.

2. The old law, as to moral things, remains forever; but as to the rest, which regarded only the Jews, after the death of Christ, or certainly after Pentecost, it is abrogated and dead. The first is clear from the fact that those precepts belong to natural law, and because it was defined by Trent (Sess. VI, c. 19) that Christians are bound by the ten precepts. The second is evident from the whole Epistle of St. Paul to the Galatians, and from the constant doctrine of the Church. The old law is deadly (therefore prohibited under mortal sin) only as to ceremonial things, since these signified the Messiah to come.

132. The Evangelical, or new, law is a supernatural law justifying of itself, founded by Christ, promulgated by the Apostles, obliging all men until the end of the age. Its character therefore is universal.

It is called 1. new, both with respect to the old law, and because it renews man through grace; 2. founded by Christ, not written, but given orally, and then transmitted both through Scripture and through Tradition; 3. promulgated by the Apostles, and indeed solemnly, on the day of Pentecost, and then successively spread through the whole world; 4. justifying of itself; for the Sacraments from the work worked produce grace, or perfect justice, and not only legal justice; 5. obliging all men until the end of the age, because no one can obtain eternal salvation except through it. Hence all non-baptized persons, as soon as they come to sufficient knowledge of it, are bound to embrace it.

133. PRINCIPLES. I. The Evangelical law is a true law, containing precepts both sacramental and moral.¹ 1. It is a true law, as is evident from the words of Christ (Matt. 28): Going, teach all nations... teaching them to observe all things whatsoever I have commanded you. And from the Council of Trent, Sess. VI, can. 19, 20, and 21. 2. It contains sacramental precepts, or those pertaining to worship, that is, the Sacrifice of the New Law and the sacraments. 3. It contains moral precepts, and indeed in a twofold way: a) Some belong to the essence of Christian perfection and regard works directly necessary for salvation. For certain works have a necessary fittingness or contrariety to interior grace, and therefore are prescribed or prohibited by the new law, as St. Thomas notes (1.2, q. 108, a. 1). All these Christ, from the old law, renewed, confirmed, perfected, and vindicated from various errors of the Jews. See the little work of St. Alphonsus, Cond. ammir. della div. Provvid., P. II, c. 1, n. 4-12. b) Others belong to integral perfection, and regard those who desire to be joined to Christ in a stricter way.

Therefore to the new law belong also the EVANGELICAL COUNSELS, not in the sense that they are obligatory, but that they themselves conjointly with the precepts constitute divine right; which right can be attacked by no human power, nor taken away, nor changed. These counsels are reduced chiefly to three, namely to poverty, chastity, and obedience. But their end is to procure perfect observance of the commandments, to lead Christians to the highest perfection and to a high grade of glory, and to manifest to the nations that splendid mark by which alone the Church of Christ shines forth, that is, the mark of her sanctity.² See the treatise on the Religious State.

134. II. The Evangelical law is perfect, nor will another more perfect law succeed in its place. So all with St. Thomas (1.2, q. 106, a. 4). It is evident from the words of the Lord (Luke 21:33): Heaven and earth will pass away, but my words will not pass away; and from Matt. 28:20: Behold, I am with you until the consummation of the age. Nothing can be nearer to the ultimate end than the new law, which immediately introduces into the ultimate end. Hence the following 5th proposition was deservedly condemned in the Syllabus: "Divine revelation is imperfect, and therefore subject to continuous and indefinite progress, which corresponds to the progression of human reason."

135. IT IS ASKED. Whether the Supreme Pontiff can dispense in positive divine right?

A twofold divine right is distinguished: one which obliges immediately and of itself, independently from every previous consent of the will of man, for example, the laws of not swearing falsely, of preserving the matter and form of the sacraments. But the other is that which concerns pacts and obligations which are introduced through the human will, for example, the law of standing by promises. With these things noted beforehand, we say with St. Alphonsus, VI, n. 1119 (cf. ibid., 902, 1101):

1. It is certain that the Pope can dispense in divine right which arises from the human will, as in vows and oaths; for then, although he does not take away the natural obligation of fidelity toward God, nevertheless on the part of God he remits the obligation made to him and declares that it is pleasing to God that the vow, or oath, not be observed.

It is therefore a condonation of obligation rather than a dispensation; nevertheless the use of the word can be retained, because the Supreme Pontiff, as a faithful dispenser, in the person of God, determines what is acceptable to God. Thus commonly with St. Thomas (in Sanchez, de Matrim., l. 8, disp. 6, n. 2; cf. H. Ap., II, 56).

2. The more common and more probable opinion denies that the Pope can dispense in those things which are of absolute divine right, that is, which are derived from the divine will alone. The Angelic Doctor teaches this openly (1.2, q. 97, a. 4, ad 3): "In the precepts of divine right, which are from God, no one can dispense except God, or he to whom he himself would specially commit it." "But this special commission," St. Alphonsus continues (l. c.), "is not had from the words: Whatever you shall bind, etc.; so much the more because dispensations of this kind in divine right would be harmful to the unity and stability of the Church."

3. "The Doctors say very probably that the Pontiff can in some particular case, not now dispense, but declare, as Doctor of the Church, that divine right does not oblige. The reason is that this power is necessary on account of the variety of human affairs: otherwise, God would not have provided sufficiently for the good government of the Church." Suarez, de Leg., l. 10, c. 6, n. 7, 9 ff.; Benedict XIV, de Synodo, l. 7, c. 1, n. 7, consent. Cf. H. Ap., II, n. 55-56.

159. Necessity. Besides the natural law, positive divine law is necessary, freely and most benignly established, and indeed on account of two reasons:

1. Because some principles of the natural law, especially secondary ones, are easily obscured by depraved passions, customs, and examples, and therefore are not observed. For the history of the pagans shows that very many things which certainly are repugnant to the natural law (as the private killing of an enemy, polygamy, etc.) were held to be licit.

2. Because the human race has been destined not only to natural happiness, but also to supernatural beatitude.⁴⁶ But it is impossible to arrive at supernatural beatitude by way of merit unless by observing supernatural norms or laws, which have been given by God. - For these reasons God, both in the Old and in the New Testament, not only expressly inculcated the natural law, but also augmented it with new positive precepts. Thus in the Old Testament he determined the natural law in the Decalogue.⁴⁷ Moreover he laid down very many precepts concerning worship, which are called ceremonial precepts; concerning the social life of the Jews (especially concerning judgments, concerning impediments of marriages, concerning the family, etc.), which are called judicial precepts. - In the New Testament God did not write his positive laws on stone tablets, but in the hearts of the faithful;⁴⁸ wherefore it is accustomed to be called an implanted and unwritten law. For that which is foremost in the law of the New Testament, and in which its whole force consists, is the grace of the Holy Spirit, which is given through the faith of Christ. Yet the New Law has a) certain things as dispositive to the grace of the Holy Spirit, for example, precepts concerning faith in the humanity and divinity of Christ; b) certain things pertaining to the use of this grace, for example, precepts concerning virtues to be exercised. These two are, as it were, secondary in the New Law; concerning these it was fitting that the faithful be instructed both by words and by writings. Hence the New Law principally is an implanted law, secondarily a written law.^49a

⁴⁶ S. theol. I-II, q. 91, a. 4.

⁴⁷ Ex. c. 19-20.

⁴⁸ Cf. 2 Cor. 3:3.

^49a St. Thomas, S. theol. I-II, q. 106, a. 1.

160. Excellence of the New Law. The New Law very greatly excels the Old Law:

a) Because it is more spiritual.

In the Old Law the sanction, that is, the coercion, was rather temporal and material. For to those who observed the Law there were promised riches, long life, numerous offspring, etc.; but those who transgressed the Law were deterred by threats of death, poverty, disgrace, etc. In the New Law, however, spiritual and eternal rewards are promised, and imminent Gehenna is announced to transgressors. "Do not fear those who kill the body, but cannot kill the soul; but rather fear him who can destroy both soul and body in Gehenna."⁴⁹ - Hence also those are proclaimed blessed who are poor in spirit, who mourn, who suffer persecution for justice.

b) Because it more greatly promotes internal worship.

"The hour is coming, and now is, when the true adorers will adore the Father in spirit and truth."⁵⁰ With external worship by no means neglected, the New Law exhorts all that they offer to God good works done for the sake of God and not for the sake of vain glory: "Take heed that you do not do your justice before men, that you may be seen by them; otherwise you shall not have a reward with your Father, who is in heaven."⁵¹

c) Because it is the law of charity, which is the bond of perfection.

The Old Law was, and was called, the Law of fear, restraining the hand more than the mind. God was called the God of hosts, almighty God, the Lord God, etc. But in the New Testament God is called by the sweet name of father: "For you have not received the spirit of servitude again in fear, but you have received the spirit of adoption of sons, in which we cry Abba, Father."⁵² Wherefore also the whole New Law is contracted into two precepts: Love God as father and your neighbor as yourself. "You shall love the Lord your God from your whole heart, and in your whole soul, and in your whole mind. This is the greatest and first commandment. And the second is like to this: You shall love your neighbor as yourself. On these two commandments depends the whole law and the prophets."⁵³ Christ indeed called the commandment of fraternal charity new, saying: "A new commandment I give to you, that you love one another, as I have loved you."⁵⁴ But as to substance this commandment was already contained in the natural law; but in the New Law it is new as to its perfect mode, which often was lacking in the Old Law.

⁴⁹ Matt. 10:28.

⁵⁰ John 4:23.

⁵¹ Matt. 6:1.

⁵² Rom. 8:15.

⁵³ Matt. 22:37-40.

⁵⁴ John 13:34.

161. Precepts of the New Law. The precepts which are contained in the New Law can be reduced to three classes:

a) To the sanctification of one's own life. Wherefore we are incited to all virtues, indeed even to the perfect following of the example of Christ himself: "Christ suffered for us, leaving you an example, that you may follow his footsteps."⁵⁵ And Christ himself admonishes: "If anyone wishes to come after me, let him deny himself and take up his cross and follow me."⁵⁶ And: "Learn of me, because I am meek and humble of heart."⁵⁷

b) To the duties of domestic and social life. Thus children are commanded to honor parents and to obey them, because they hold the place of God.⁵⁸ - Servants and domestics must show honor and obedience to masters, as to Christ;⁵⁹ - masters, however, must treat their servants as brothers in Christ.⁶⁰

c) To worship, and especially to the sacraments and sacrifice to be carried out. To this belong, above all, those things which Christ commanded concerning the Eucharist: "Amen, Amen I say to you, unless you eat the flesh of the Son of man and drink his blood, you shall not have life in you";⁶¹ and: "Do this in commemoration of me."⁶² - As to the sacrament of baptism the Savior commanded: "Going, teach all nations, baptizing them in the name of the Father and of the Son and of the Holy Spirit."⁶³ "Unless one has been reborn of water and the Holy Spirit, he cannot enter into the kingdom of God."⁶⁴

⁵⁵ 1 Pet. 2:21.

⁵⁶ Matt. 16:24.

⁵⁷ Matt. 11:29.

⁵⁸ Eph. 6:1.

⁵⁹ Eph. 6:5-6.

⁶⁰ Eph. 6:9; Col. 4:1.

⁶¹ John 6:54.

⁶² Luke 22:19; 1 Cor. 11:24.

⁶³ Matt. 28:19.

⁶⁴ John 3:5.

162. Evangelical counsels. To the precepts which must be observed in order to merit eternal life, especially in the New Law,⁶⁵ there have been added certain counsels, so called evangelical counsels, concerning supererogatory works,⁶⁶ by which eternal life and Christian perfection can be obtained more expeditiously and more perfectly. There are enumerated especially three evangelical counsels: the exercise of voluntary poverty, obedience, and perfect chastity. In diverse places Christ commends these counsels. Voluntary poverty is commended by these words: "If you wish to enter into life, keep the commandments; ... if you wish to be perfect, go, sell the things which you have and give to the poor, and you shall have treasure in heaven, and come, follow me."⁶⁷ - Chastity or perfect continence is commended by these words: "There are eunuchs who have castrated themselves for the kingdom of heaven."⁶⁸ "But concerning virgins I have no commandment of the Lord, but I give counsel."⁶⁹ - As an exhortation to perfect obedience theologians are accustomed to consider the following words of Christ: "If anyone wishes to come after me, let him deny himself and take up his cross and follow me; for he who wishes to save his soul shall lose it; but he who shall lose his soul for my sake, shall find it."⁷⁰

Although Christian perfection does not consist in the observation of these counsels, but in perfect charity, nevertheless these counsels are the best means for obtaining Christian perfection. For they effectively remove obstacles in the way of salvation; which obstacles indeed are the threefold inordinate concupiscence, namely, of the flesh, of the eyes, and of pride.⁷¹

⁶⁵ Even in the Old Law there existed certain particular counsels, for example, the offering of a peace victim (Lev. 3:1 sqq.), the vow of Nazirite (Num. 6:2 sqq.). Cf. St. Thomas, S. theol. I-II, q. 108, a. 4.

⁶⁶ Werke der Übergebühr.

⁶⁷ Matt. 19:17 and 21.

⁶⁸ Matt. 19:12.

⁶⁹ 1 Cor. 7:25.

⁷⁰ Matt. 16:24-25. Cf. S. theol. I-II, q. 108, a. 4 ad 3.

⁷¹ Cf. St. Thomas, S. theol. II-II, q. 186, a. 7, and Contra Gent. l. 3, c. 130.

163. Subject of positive divine law. The ceremonial and judicial precepts of the Old Law did not oblige except the Jews and their proselytes of justice, or strangers.⁷² But the moral precepts, as also pertaining to the natural law, obliged and still oblige all. - When at the death of Christ the veil of the temple was rent, the Old Law ceased as to ceremonial and judicial precepts.⁷³ These precepts indeed after the death of Christ are called dead; yet these same precepts did not immediately then become death-bringing, or gravely illicit. Thus, for example, St. Peter still permitted the Jewish rites,⁷⁴ and St. Paul caused Timothy to be circumcised;⁷⁵ which certainly he would not have done if he had thought circumcision to be gravely illicit. Theologians do not agree when the ceremonial and judicial precepts of the Old Law became death-bringing or gravely illicit. It is probable that this occurred when the gospel of Christ had been sufficiently promulgated among the Jewish people, that is, after the destruction of the city of Jerusalem.⁷⁶

The divine law of the New Testament obliges, even to the end of the world,^76a all men, whether baptized or not baptized. For Christ says: "All power has been given to me in heaven and on earth; going therefore, teach all nations, baptizing them in the name of the Father and of the Son and of the Holy Spirit, teaching them to observe all things whatsoever I have commanded you."⁷⁷ Therefore, just as Christ is the redeemer of all men, so also he is their universal legislator.⁷⁸ Wherefore the laws concerning the prohibition of polygamy, of the bill of divorce, etc., oblige all men, even pagans. - Yet pagans would sin not formally, but only materially, by transgressing the precepts of the evangelical Law before they have sufficient knowledge of them. - Just as theologians do not agree when the Old Law became dead and death-bringing, so neither do they agree when the New Law began strictly to oblige. Some think this obligation began at the death of Christ, or at least on the day of Pentecost; but others are of the opinion that it began to oblige after its sufficient promulgation among the peoples, namely, when the apostles, dispersed into every land, were about to preach the gospel, that is, around the year 40 after Christ. Nothing certain can be said about this matter.⁷⁹

⁷² Cf. Gen. 9:4. - Concerning the diverse obligations of proselytes, see Wetzer and Welte, Kirchenlexikon^2, s. v. "Proselyten."

⁷³ Thus teaches the common opinion with St. Thomas, S. theol. I-II, q. 103, a. 3 ad 2.

⁷⁴ Gal. 2:4.

⁷⁵ Acts 16:3.

⁷⁶ Cf. S. theol. I-II, q. 103, a. 4 ad 1.

^76a Ibid., q. 106, a. 4.

⁷⁷ Matt. 28:18-20.

⁷⁸ "If anyone says that nothing is commanded in the Gospel besides faith, that other things are indifferent, neither prohibited, but free ... let him be anathema" (Council of Trent, sess. 6, can. 19, on justification; Denz. n. 829).

⁷⁹ Suarez discusses this matter at length and breadth, De leg. l. 10, c. 4.

164. Dispensation in positive divine law. Without any doubt Christ could have granted to some created authority the power of dispensing even in positive divine law. For he who has made a positive law can also dispense in this law, either by himself or through his delegate. But the question is whether Christ in fact gave this faculty of dispensing to the Supreme Pontiff. Since the infallible magisterium has been conferred upon the Supreme Pontiff, he certainly can authentically declare and interpret the divine law, just as he also interprets the articles of divine faith. But can the Supreme Pontiff also dispense in positive divine law, or relax it in a particular case?⁸⁰ Older theologians very commonly taught that the Pope cannot properly dispense in positive divine law. Thus, for example, St. Thomas⁸¹ says: "As to those things, however, which are of divine right or of natural right, he [the Pope] cannot dispense." Yet these words must be understood with a grain of salt. For it is certain that the Pope can dispense in a ratified marriage;⁸² it is equally certain that a ratified marriage of Christians, as being a true sacrament, is indissoluble by divine right. Certain authors prefer to call this dissolution of a ratified marriage a certain annulment of the act, or relaxation, or remission of a debt, or license, etc.⁸³ Further, there is no leisure to dispute about names.

Modern theologians commonly answer the proposed question thus: 1. The Pope cannot dispense in absolute divine law, for example, concerning the essence of the sacraments or their number. 2. The Pope can dispense in divine law founded upon some free human act. Thus, for example, the indissolubility of marriage arises from the human act of free consent. But now this consent is not wholly irrevocable unless marital intercourse has supervened in a Christian marriage. Therefore the Supreme Pontiff can dissolve a ratified marriage, but not a consummated marriage of Christians.⁸⁴

⁸⁰ Suarez treats this truly difficult question very well, l. c. c. 6.

⁸¹ Quodl. 4, a. 13.

⁸² Cf. above n. 155 and below III, 668.

⁸³ Cf. Bouquillon, Theol. mor. fund. n. 101; St. Thomas, S. theol. II-II, q. 88, a. 10 ad 2.

⁸⁴ Cf. St. Alphonsus, Theol. mor. VI, 1119.

168. • Positive divine law is twofold, namely old and new.

I. The old law, or law of the Old Testament, contained precepts of a threefold kind.

1° Moral precepts, which regarded moral rectitude, and established that which had already been prescribed by natural law. Such are the precepts of the Decalogue.

2° Ceremonial precepts, which were referred to the worship of God, and established ceremonies and sacrifices.

3° Judicial precepts, which pertained to political and economic administration, or to the right government of the people.

The old law was abrogated by Christ, as being "set until the seed should come, to whom he had promised," as the Apostle says.¹ Therefore only that part of the old law which regarded morals was preserved and confirmed in the new law.

II. The new or evangelical law, which is called the law of grace, or of liberty, or the New Testament, contains documents of a threefold kind, namely 1° moral precepts concerning virtues, especially the theological virtues; 2° ceremonial precepts concerning the Sacraments and the Sacrifice of the Mass; 3° mere counsels, but worthy of a great reward.

The new law differs from the old law especially in the following: 1° The old was shadow and figure; the new is light and truth; - 2° The old was a law of fear; but the new is a law of grace and love.

The old law is called imperfect, not indeed in itself, but relative to the more perfect. For it was perfect in itself, since it had God as author, and through it God attained the end which he had set before himself.

The new law was made for all, and therefore obliges all to whom it is known. For thus Christ says: "Going therefore teach all nations, baptizing them in the name of the Father," etc. ". . . teaching them to observe all things whatsoever I have commanded you."¹

St. Thomas, I-II, q. 91, a. 4 and 5.

300. Divine law is an ordination of divine reason which was immediately borne and promulgated by the free and positive will of God for directing men to the supernatural end. - It is morally necessary:

1. even before the sin of Adam, on account of the supernatural end to which man must be directed by law: for if the end did not exceed the proportion of natural powers, natural law and human law, proportioned to natural powers, would suffice; but now it is necessary (by necessity of fittingness) that man be directed to that end by a law divinely given;

2. after sin, moreover a) on account of the uncertainty of human judgment (especially concerning contingent and particular things), so that man might know readily, without doubt and error, what is to be done and avoided;

b) for ordering by positive law the interior acts of men: for human law does not directly command except exterior acts; but for the perfection of virtue it is required that man exist right in both;

c) for prohibiting by positive law all sins: for human law cannot punish or prohibit all evils (Ps. CXVIII, 33).

"And these four causes are touched upon in Ps. XVIII, 8, where it is said: The law of the Lord is immaculate, that is, permitting no turpitude of sin; converting souls, because it directs not only exterior acts but also interior acts; the testimony of the Lord is faithful, on account of the certitude of truth and rectitude; giving wisdom to little ones, insofar as it orders man to the supernatural and divine end" (a. 4).

301. How many kinds of divine law there are. - A certain divine law was given to Adam in paradise for the whole human race. But after sin it was twofold: the old or Mosaic law, manifested through Moses to the Israelites alone; the new or Christian law, borne by Christ for the whole human race (Council of Trent, sess. 6, can. 19 and 20).

They are distinguished not as two species, but as imperfect and perfect in the same species; and they are as boy and man (Gal. IV), way and terminus, preparation and consummation, as is clear: 1) from the end to which they were directly ordered, which is the sensible and earthly common good in the Old Law (the temporal happiness of the Jewish people), the spiritual and heavenly good itself in the new (eternal happiness); 2) from the justice which they place in human acts, which the old law chiefly made as to exterior acts, which alone it could efficaciously restrain, but the new more as to interior acts, which it efficaciously directs; 3) from the mode by which it induces to its observance, namely, the old by fear of penalties, the new by love which is given from the grace of Christ.

1. Not the immediate end: this is rather subordination to God and is common to the old law and the new; but this subordination in the old law directly tended to temporal happiness, in the new directly to eternal happiness.

2. Chiefly, for interior acts were also regarded, such as love of God (Deut. VI, 5), penitence of heart (Lev. XVI, 18), and concupiscence of another's goods (Exod. XX, 17). Cf. q. 100, a. 2.

Before Moses, men were led to the supernatural end by the hypothetical natural law alone, or the natural-divine law: for, supposing the revelation made to Adam both of the supernatural end and of the future Redeemer, they were able to know by reason that one must tend to that end through Christ by faith, hope, and charity, and by acts of virtues.

3. Before Moses there was no positive divine law. The precepts concerning sacrifices were from human law determining natural law; the precept concerning circumcision was not a law borne for a people, but a private precept given by God for the family of Abraham (Gen. XVII). There were also certain other particular precepts given to Noah (Gen. VII and IX).

Positive divine law is twofold, namely old and new, and concerning each let it suffice to observe these few things.

I. The old law, or the law of the Old Testament, contained precepts of a threefold kind, namely: 1st, moral, which regarded moral rectitude and established that which had already been prescribed by natural law, as, for example, the precepts of the Decalogue; 2nd, ceremonial, which were referred to the worship of God and established ceremonies and sacrifices; 3rd, judicial, which pertained to political and economic administration, or to the right governance of the people.

The old law was abrogated by Christ, as being "set until the seed should come to whom He had promised," as the Apostle says, Galat. iii, 19. But the moral precepts which were contained in it have force by the force of natural and evangelical law.

II. The new or evangelical law, which is called the law of grace or of liberty, or the New Testament, contains documents of a threefold kind, namely: 1st, moral precepts, concerning virtues, especially theological virtues; 2nd, ceremonial precepts, concerning the sacraments and the sacrifice of the Mass; 3rd, mere counsels, but worthy of great reward.

The new law differs from the old law especially in the following: 1st, the old was shadow and figure; the new is light and truth. - 2nd, the old was a law of fear; but the new is a law of grace and love.

The old law is called imperfect, not indeed in itself, but relatively to a more perfect law. For it was perfect in itself, since it had God as author, and God through it attained the end which He had fixed for Himself.

The new law was made for all, and therefore obliges all, although those to whose notice it has not yet come are excused from observing it. For thus Christ says, Matth. xxviii, 19, 20: "Going therefore teach all nations, baptizing them in the name of the Father, etc., teaching them to observe all things whatsoever I have commanded you."

255. All the members of mankind naturally constitute one universal society (No. 198), of which God Himself is the founder, ruler, lawgiver, and judge. In this universal society a great variety of rights and duties has place. Thus far we have considered those of individuals (Book II.), those of domestic society (Book III., C. II.), and those which arise in civil society (C. III.). Lastly, we are to examine the rights and duties which issue from the relations of independent civil societies to one another. These rights and duties are regulated by international law.

256. International law is defined by James Madison, fourth President of the United States, as "Consisting of those rules which reason deduces as consonant to justice, from the nature of the society existing among independent nations; with such definitions and modifications as may be established by general consent" (Wheaton's Elements of International Law, C. I.). As a distinct code, it is of modern origin; for within recent times intercourse, chiefly commercial, between the nations of the earth has attained such proportions and is become so intricate that regulations governing it have assumed vast importance.

Formerly international law constituted in Philosophy a branch of what was called jus gentium, the law of nations, defined by Suarez as "That which is laid down by reason among all mankind and is observed by nearly all nations:" it treated of both civil and international right.

257. As now understood, international law comprises two parts, indicated in Madison's definition, namely:

1. What reason requires, i. e., the natural rights, and

2. Such definitions and modifications of this as may be established by general consent, i. e., acquired or conventional rights. The latter may be determined explicitly, by contracts among the nations, or implicitly, by custom so well established as to be considered binding on all civilized countries.

258. By a nation we here mean an independent civil government; the several States of the Union, though sovereign States — possessed of the right of the sword and other attributes of sovereignty — are, nevertheless, not so many nations, because not independent in many respects; but all together constitute one nation, represented by our central national government. Evidently a nation here does not mean a race, as it does when we speak of the Celtic nation. Nor does it mean a geographical division; for this may contain various nations, e. g., Spain and Portugal. Again, one nation may be made up of diverse races, as is the case in Austria or Great Britain; and one race may be divided among various nations or governments, as is exemplified in the Teutonic race.

259. The principles underlying all international law are the following:

1. That every man must love all other men (Nos. 149, 198).

2. That every independent civil society is a moral person, and, as such, possessed of definite rights, which must be respected by all other persons, physical and moral. For a person is properly a complete substance endowed with intellect (Mental Philosophy, No. 55), a being, therefore, capable of having rights and duties. Civil society, inasmuch as it is complete and independent in its own line, and is a collection of intellectual units, is called a moral person; as such it is the embodiment of all the private rights pertaining to its members. Besides, since civil society is natural to man, it has a natural right to exist and to use whatever just means are necessary for attaining its end.

260. Since the rights of a nation flow from its essence as a complete civil society, all nations stand on an equal footing with regard to natural rights. Hence, the greater powers have no more natural right to lord it over less potent nations than strong men have a right to neglect and abuse the rights of infants. In particular:

1. No nation may enter the territory of another nation without the consent of the latter.

2. One nation has no right to interfere with the internal workings of another government. Hence, foreign powers have no right to encourage or assist subjects rebelling against legitimate authority.

3. Yet one nation has a right to assist another nation if the latter asks such assistance. The principle of non-intervention, in the sense that one nation is not allowed to render the aid requested by another nation in distress, is unjust. In effect, this principle allows a robber nation to despoil its victim, and helps rebel subjects to oppose lawfully established authority.

261. The natural rights of a nation, which all are obliged to respect, are chiefly as follows:

1. The right of preserving its existence as a nation. Such existence implies four conditions: union among the citizens, legitimate authority, independence, the dignity of a moral person invested with sovereignty.

2. The right to maintain civil order among its members. This implies: the dependence of the subjects on their rulers, a just administration of the commonwealth, concord among the citizens.

3. The right to acquire new territory, whether by treaty or by first occupancy, etc., provided no prior rights be violated.

4. The right of dominion over its water-courses, which include such an extent of the adjacent seas as is necessary for the security and prosperity of its citizens. Conflicting claims must be settled by treaties, customs, etc.

5. The right to honorable recognition by other nations and by men generally. This implies the sacredness of embassies, etc., a right which has always been acknowledged by all civilized nations.

6. The right to develop its resources, material and intellectual, and generally the right to promote all that tends to public and private prosperity without prejudice to private rights.

7. Lastly, the right to manage its own affairs; hence, to determine changes in its manner of administration, and to settle difficulties with its own subjects without interference or contradiction on the part of other States.

262. Nature has established no human authority superior to that of national governments; hence, there is no higher human power to enforce the observance of the moral law by nations and to decide conflicting international claims. A universal arbiter to decide contests between nations were indeed desirable. Such the Supreme Pontiff was among Christian nations in the ages of Faith. In special cases, he has lately been called upon to act in a similar capacity, to the great advantage of justice, peace, and civilization.