Is it the role of law to make men
good?
It seems that it is not the role of law
to make men good:
Objection 1: Men are good
through virtue, since as Ethics 2 puts it, “Virtue
is what makes the one who has it good.” But virtue comes
to man only from God, since He “works it in us without
us,” as was said explained in the definition of virtue (q.
55, a. 4). Therefore, it is not the role of law to make
men good.
Objection 2:
Law does a man no good unless he obeys the law. But the
very fact that a man obeys the law stems from his
goodness. Therefore, a man’s goodness is presupposed in
relation to the law. Therefore, it is not the law that
makes men good.
Objection 3:
As was explained above (q. 90, a. 2), law is ordered
toward the common good. But there are some men who act
well in matters pertaining to the common good but do not
act well in their own proper affairs. Therefore, it is
not the role of law to make men good.
Objection 4:
As the Philosopher points out in Politics 3, some
laws are tyrannical. But a tyrant aims only at his own
advantage and not the goodness of his subjects.
Therefore, it is not the role of law to make men good.
But contrary to this:
In Ethics 2 the Philosopher says, “Every lawmaker
intends to make the citizens good.”
I respond:
As was explained above (q. 90, a. 1), law is nothing
other than a dictate of reason which exists in the one
who is in charge (in praesidente) and by which
his subjects are governed. Now, in general, the
virtue of anything that is subordinate lies in its being
subordinated in the right way to that by which it is
governed; for instance, we see that the virtue of the
irascible and concupiscible [parts of the soul] consists
in their being obedient in the right way to reason.
Similarly, as the Philosopher puts it in Politics
1, “the virtue of any subject lies in his being subjected
to his ruler in the right way (ut bene subiiciatur
principanti).”
Now each law is ordered toward being obeyed by those
subject to it. Hence, it is clear that it is a
property of law that it should lead its subject toward
their own proper virtue. Therefore, since virtue
is what makes the one who has it good, it follows that
a proper effect of law is to make those to whom it is
given good, either absolutely speaking or
relatively speaking.
For if the lawmaker’s intention is directed toward the
true good, i.e., the common good regulated in accord
with divine justice, then it follows that through his
law men become good absolutely speaking. On
the other hand, if the lawmaker’s intention is not directed
toward the good absolutely speaking, but is instead
directed toward a good which is advantageous or pleasant
for himself or which is incompatible with divine justice,
then his law makes men good not absolutely speaking,
but only relatively speaking, viz., in their
relation to that sort of regime. This is the sense
in which the good exists even in things that are per
se evil, as when someone is said to be a good thief
because he operates in a way that is appropriate for
his end.
Reply to objection 1:
As is clear from what was said above (q. 63, a. 2), there
are two kinds of virtue, viz., acquired virtue and
infused virtue. The regularity (assuetudo)
of the actions plays a role in both kinds of virtue, but
in different ways. For this regularity is in fact a
cause of acquired virtue, whereas it [merely]
disposes one for infused virtue and then conserves and
promotes that virtue once it is already possessed. Since
law is given in order to direct human acts, law makes men
good to the extent that human acts contribute to virtue.
Hence, the Philosopher likewise says in Politics 2,
“Lawmakers make men good by habituating them.”
Reply to objection 2:
It is not always the case that someone obeys the law
because of his perfect goodness in virtue. Rather, he
sometimes obeys because of his fear of punishment, and at
other times simply because of the dictate of reason,
which, as was explained above (q. 63, a. 1), is in some
sense the principle of virtue.
Reply to objection 3:
The goodness of a part is viewed in relation to its
whole. Hence, as Augustine says in Confessiones
3, “Any part that does not fit in with its whole is
bad (turpis).” Therefore, since every man
is part of a polity, it is impossible that any man should
be good without being related in the right way to the
common good; nor can the whole consist appropriately
of anything except parts that are proportioned to it.
Hence, it is impossible for the common good of the city
to fare well unless at least the citizens who are the
rulers are virtuous. However,
as far as the good of the community is concerned, it
is enough that the other citizens be virtuous to the
extent that they obey the commands of the rulers.
This is why in Politics 3 the Philosopher says,
“The virtue of the ruler is the same as the virtue of
the good man, whereas the virtue of a common citizen
is not the same as the virtue of a good man.”
Reply to objection 4:
Since a tyrannical law is not in accord with reason, it is
not a law absolutely speaking, but is instead a kind of
perversion of law. And yet to the extent that it retains
something of the character of law, it aims at the
citizens’ being good. For it has nothing of the character
of law except to the extent that (a) it is a dictate of
someone who is in charge of the subjects and that (b) it
intends that the subjects obey the law in the right way,
i.e., that they be good—not absolutely speaking, but in
relation to that regime. |