Is there any such thing as natural
law in us?
It seems that there is no such thing as
natural law in us:
Objection 1: Man is
sufficiently governed by eternal law, since, as Augustine
says in De Libero Arbitrio 1, “Eternal law is the
law by which it is just that all things should be well
ordered.” But nature does not abound in what is
superfluous, just as it is not deficient in what is
necessary. Therefore, there is no such thing as natural
law for man.
Objection 2: As was established
above (q. 90, a.1), it is through law that man is ordered
to the end in his acts. But the ordering of human acts to
their end does not stem from nature in the way that this
occurs in non‑rational creatures, which act for the sake
of an end by natural appetite alone; instead, man acts for
the sake of an end through his reason and will.
Therefore, there is no law that is natural to man.
Objection 3:
The more free someone is, the less subject he is to law.
But man is more free than all the [other] animals because
of the power of free choice (liberum arbitrium),
which he has in contrast to all the other animals.
Therefore, since the other animals are not subject to a
natural law, neither is man subject to any natural law.
But contrary to this:
In the Gloss on Romans 2:14 (“For when the Gentiles, who
do not have the Law, do by nature those things that are of
the Law”) says, “Even if they do not have the written Law,
they nonetheless have the natural law, by which everyone
understands and knows within himself what is good and what
is evil.”
I respond: As was explained
above (q. 90, a. 1), since law is a rule and a measure,
there are two senses in which it can exist in something:
first, in the sense of existing in that which regulates
and measures and, second, in the sense of existing in
that which is regulated and measured. For a thing
is measured and regulated to the extent that it has
some participation in the rule and measure. Hence,
as is clear from what was said above (a. 1), since all
things that are subject to divine providence are regulated
and measured by eternal law, it is clear that all things
in some way participate in eternal law—more precisely,
insofar as they have inclinations toward their own proper
acts and ends because eternal law is imprinted upon
them. Now among all other creatures, the rational creature
is subject to divine providence in a more excellent
manner, because he himself is a participant in providence,
providing for himself and for others. Hence, in
him, too, there is a participation in eternal reason
through which he has a natural inclination to his due
act and end. And the rational creature’s mode
of participation in the eternal law is called natural
law. Hence, after the Psalmist (Psalm 4:6) has said,
“Offer up the sacrifice of justice,” he adds, as if
someone were asking what the works of justice are, “Many
say, ‘Who is there to show us good works?”
In reply to this question he says, “The light of Your
countenance, Lord, is imprinted upon us”—as if to say,
the light of natural reason, by which we discern what
is good and what is evil. This has to do with
natural law, which is nothing other than the imprint
of God’s light within us. Hence,
it is clear that natural law is nothing other than a
participation in eternal law on the part of a rational
creature.
Reply to objection 1:
This argument assumes that natural law is something
diverse from eternal law. However, as has been explained,
natural law is nothing other than a certain kind of
participation in eternal law.
Reply to objection 2:
As was established above (q. 10, a. 1), every operation of
reason and will in us is derived from what is in accord
with nature. For every instance of discursive reasoning
stems from principles that are naturally known to us, and
every desire for things that are ordered to an end stems
from a natural desire for the ultimate end. And so it is
likewise necessary that the first ordering of our acts to
their end must should be brought about through natural
law.
Reply to objection 3:
Non‑rational animals participate in natural law in their
own way, just as rational creatures do. However, since a
rational creature participates in natural law in an
intellectual and rational way, a rational creature’s
participation in the eternal law is itself properly called
a law. For as was explained above (q. 90, a. 1), law
belongs to reason. By contrast, a non‑rational creature
does not participate in the eternal law in a rational way,
and so its participation cannot be called law except by
way of a likeness. |