Does human law impose an obligation
in conscience on a man?
It seems that human law does not
impose an obligation in conscience on a man (non
imponat homini necessitatem in foro conscientiae):
Objection 1: A lower authority
(potestas) cannot impose a law on the judgment of a
higher authority. But the authority of a man who makes
human law is lower than God’s authority. Therefore, human
law cannot impose a law with respect to God’s judgment,
i.e., the judgment of conscience.
Objection 2:
The judgment of conscience depends especially on God’s
commands. But sometimes God’s commands are voided by
human laws—this according to Matthew 15:6 (“You have made
void the commandment of God on behalf of your
traditions”). Therefore, human law does not impose an
obligation in conscience on a man.
Objection 3:
Human laws often inflict fraud and harm on men—this
according to Isaiah 10:1ff: (“Woe to them who make wicked
laws, and when they write, write injustice in order to
oppress the poor in judgment, and do violence to the cause
of the humble of my people”). But everyone is permitted
to avoid oppression and violence. Therefore, human laws
do not impose an obligation in conscience on a man.
But contrary to this:
1 Peter 2:19 says, “It is worthy of thanks if, because of
his conscience, someone endure sorrows, suffering
wrongfully.”
I respond:
Laws that are humanly made are either just or unjust.
If they are just, then they have their power to oblige
in conscience from the eternal law, from which they
stem—this according to Proverbs 8:15 (“By me kings reign,
and lawgivers make just decrees”). Now laws are
called just on the basis of (a) their end, viz.,
when they ordered toward the common good, and (b) their
author, viz., when a law that is made does not
exceed in its scope the power of the lawmaker, and ©)
their form, viz., when they impose on those subject
to them proportionately equal burdens in relation to
the common good. For since a man is part of a
multitude, each man is such that what he is and what
he has belongs to the multitude, in the same way that
any part is such that what it is belongs to the whole.
This is why nature likewise inflicts a loss on the part
in order to save the whole. Accordingly, laws
of this sort, which impose proportionate burdens, are
just, and they bind in conscience, and they are legal
laws (leges legales).
On the other hand, there are two ways in which laws
are unjust.
First, in counterpoint to what was said above, they
are unjust when they are contrary to the human
good either (a) because of their end, as when
the lawmaker imposes burdens on his subjects that contribute
not to the common welfare but to his own greed or glory,
or (b) because of their author, as when someone
makes laws that go beyond the authority entrusted to
him, or ©) because of their form, as, say, when
burdens are distributed unequally over the multitude,
even if those burdens are ordered toward the common
good. Laws of this sort are outrages (violentiae)
rather than laws, since, as Augustine puts it in De
Libero Arbitrio, “What is not just does not seem
to be a law.” Hence, laws of this sort do not
bind in conscience (non obligant in foro conscientiae)—except
perhaps in order to avoid scandal or social unrest (turbatio),
because of which a man should cede his right, in accord
with Matthew 5:40‑41 (“If someone forces you to
go one mile, go with him another two ...... and if someone
takes away your coat, give him take away thy coat, give
him your cloak as well”). The
second way in which laws can be unjust is by being contrary
to the divine good, as are tyrannical laws that
induce men to idolatry or anything else that is contrary
to the divine law. It is not permissible to obey
such laws in any way at all, since as Acts 5:29 says,
“We must obey God rather than men.”
Reply to objection 1:
As the Apostle says in Romans 13:1ff, “Every human authority
is from God, and so whoever resists that authority”
(read: in the things that pertain to the scope
of that authority) “is resisting God’s ordinance.”
And, accordingly, such a man is accused by his conscience
(efficiter reus quantum ad conscientiam).
Reply
to objection 2: This argument goes through
in the case of human laws that are directed against
a command of God’s. The scope of the authority
[of human law] does not extend this far. Hence,
in such cases one must not obey the human law.
Reply to objection 3:
This argument goes through in the case of a law that
imposes an unjust burden on those subject to it. Again,
the scope of the authority given by God does not extend
this far, and so in such cases a man is not obligated to
obey the law if he can resist it without giving scandal or
causing some greater damage. |