Treatise on Law

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Therefore truth is the eternal law. But the idea of truth is not the same as the idea of a type. Therefore the eternal law is not the same as the sovereign type.

Treatise on Law

And just as the type of the things yet to be made by an art is called the art or exemplar of the products of that art, so too the type in him who governs the acts of his subjects, bears the character of a law, provided the other conditions be present which we have men- tioned above Q. Now God, by His wisdom, is the Creator of all things, in relation to which He stands as the artificer to the products of his art, as stated in the First Part Q. Moreover He governs all the acts and movements that are to be found in each single creature, as was also stated in the First Part Q.

Wherefore as the type of the Divine Wisdom, inasmuch as by It all things are created, has the character of art, exemplar or idea; so the type of Divine Wisdom, as moving all things to their due end, bears the character of law. Augustine is speaking in that passage of the ideal types which regard the proper nature of each single thing; and consequently in them there is a certain distinction and plurality, according to their different relations to things, as stated in the First Part Q.

But law is said to direct hu- man acts by ordaining them to the common good, as stated above Q. And things, which are in themselves different, may be considered as one, according as they are ordained to one common thing. Wherefore the eternal law is one since it is the type of this order.

With regard to any sort of word, two points may be considered: viz. For the spoken word is something uttered by the mouth of man, and expresses that which is signified by the human word. The same applies to the human mental word, which is nothing else than something conceived by the mind, by which man expresses his thoughts mentally.

So then in God the Word conceived by the intellect of the Father is the name of a Person: but all things that are in the Father's knowledge, whether they refer to the Essence or to the Persons, or to the works of God, are expressed by this Word, as Au- gustine declares De Trin. And among other things expressed by this Word, the eternal law itself is expressed thereby. The types of the Divine intellect do not stand in the same relation to things, as the types of the human intellect. For the human intellect is measured by things, so that a human concept is not true by reason of itself, but by reason of its being consonant with things, since an opinion is true or false according as it ansivers to the reality.

But the Divine intellect is the measure of things: since each thing has so far truth in it, as it represents the Divine intellect, as was stated in the First Part Q. Consequently the Divine intellect is true in itself; and its type is truth itself. It would seem that the eternal law is not known to all. Because, as the Apostle says i Cor. But the eternal law is a type existing in the Divine mind.

Therefore it is unknown to all save God alone. Further, as Augustine says De Lib.

Therefore all do not know the eternal law. But according to Ethic, i. Therefore the eternal law is not known to us. I answer that, A thing may be known in two ways: first, in itself; secondly, in its effect, wherein some likeness of that thing is found: thus someone not seeing the sun in its substance, may know it by its rays. So then no one can know the eternal law, as it is in itself, except the blessed who see God in His Essence. But every rational creature knows it in its reflection, greater or less.

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For every knowledge of truth is a kind of reflection and participation of the eternal law, which is the unchangeable truth, as Augustine says De Vera Relig. Now all men know the truth to a certain extent, at least as to the common principles of the natural law: and as to the others, they partake of the knowledge of truth, some more, some less; and in this respect are more or less cognizant of the eternal law. We cannot know the things that are of God, as they are in themselves; but they are made known to us in their effects, according to Rom.

Although each one knows the eternal law according to his own capacity, in the way ex- plained above, yet none can comprehend it: for it cannot be made perfectly known by its effects. Therefore it does not follow that anyone who knows the eternal law in the way aforesaid, knows also the whole order of things, whereby they are most orderly.

To judge of a thing may be under- stood in two ways. First, as when a cognitive power judges of its proper object, according to Job xii. It is to this kind of judgment that the Philosopher alludes when he says that anyone can judge well of what he knows, by judging, namely, whether what is put forward is true. In another way we speak of a superior judging of a subordinate by a kind of practical judgment, as to whether he should be such and such or not.

And thus none can judge of the eternal law. It would seem that not every law is derived from the eternal law. For there is a law of the 'fomes,' as stated above Q. There- fore not every law is derived from the eternal law. Further, nothing unjust can be derived from the external law, because, as stated above A.

Summa Theologica: TREATISE ON LAW (QQ ): Question. 90 - OF THE ESSENCE OF LAW (FOUR ARTICLES)

But some laws are unjust, according to Isa. Therefore not every law is derived from the eternal law. Further, Augustine says De Lib. But the type of Divine providence is the eternal law, as stated above A.

Therefore not even every good law is derived from the eternal law. On the contrary, Divine Wisdom says Prov. But the type of Divine Wisdom is the eternal law, as stated above A. Therefore all laws pro- ceed from the eternal law. Now wherever there are movers ordained to one another, the power of the second mover must needs be derived from the power of the first mover; since the second mover does not move except in so far as it is moved by the first.

Wherefore we observe 44 TREATISE ON LAW the same in all those who govern, so that the plan of government is derived by secondary governors from the governor in chief: thus the plan of what is to be done in a state flows from the king's com- mand to his inferior administrators: and again in things of art the plan of whatever is to be done by art flows from the chief craftsman to the under- craftsmen who work with their hands.

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Since then the eternal law is the plan of government in the Chief Governor, all the plans of government in the inferior governors must be derived from the eternal law. But these plans of inferior governors are all other laws besides the eternal law. Therefore all laws, in so far as they partake of right reason, are derived from the eternal law. Hence Augustine says De Lib. But 'in so far as it denotes a proneness to sin, it is contrary to the Divine law, and has not the nature of law, as stated above Q.

Human law has the nature of law in so far as it partakes of right reason; and it is clear that, in this respect, it is derived from the eternal law. But in so far as it deviates from reason, it is called an unjust law, and has the nature, not of law but of violence.

Human law is said to permit certain things, not as approving of them, but as being un- able to direct them. And many things are directed by the Divine law, which human law is unable to direct, because more things are subject to a higher than to a lower cause. Hence the very fact that human law does not meddle with matters it cannot direct, comes under the ordination of the eternal law.

It would be different, were human law to sanction what the eternal law condemns. Consequently it does not follow that human law is not derived from the eternal law, but that it is not on a perfect equality with it. We proceed thus to the fourth Article: Objection i. It would seem that necessary and eternal things are subject to the eternal law. For whatever is reasonable is subject to reason. But the Divine will is reasonable, for it is just. Therefore it is subject to the Divine reason. But the eternal law is the Divine reason. But God's will is eternal. Therefore eternal and necessary things are subject to the eternal law.

Further, whatever is subject to the King, is subject to the King's law. Now the Son, according to i Cor. Therefore the Son, Who is eternal, is subject to the eternal law. Further, the eternal law is Divine provi- dence as a type. But many necessary things are sub- ject to Divine providence: for instance, the stability of incorporeal substances and of the heavenly bodies. Therefore even necessary things are subject to the eternal law. On the contrary Things that are necessary cannot be otherwise, and consequently need no restraining.

But laws are imposed on men, in order to restrain them from evil, as explained above Q. Therefore necessary things are not subject to the eternal law.

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