Aquinas - Question 91

Law is what we as humans gravitate toward

Question 91 is about what are the different types of laws

For Aquinas, human beings are fundamentally by nature, social and political beings.

Modernity rejects that there is anything unchanging. Nature is to be rejected, we must find stability elsewhere.

Parts of Question 9

  1. If there is governance of the universe, there must be eternal law

  2. If rational creatures are governed, they must have that governance “in them” as natural law

  3. If natural law is general and human life is particular; there must be human law

  4. If the human end is higher than nature, and human judgement is limited, there must be divine law

  5. If humanity is historically immature and it develops, divine law must be twofold (old/new)

  6. If human beings are disordered internally, that disorder will appear “law-like” as a law of sin

Article 1: Eternal Law

Is there a law that is always, that is somehow above/beyond the human order?

Aquinas refers to Augustine and says “supreme reason” is unchangeable and eternal, and that is law. Therefore, there is eternal law.

  • Eternal law is the idea of God

Even if creatures are not eternal they exist with God, as they were formed in the beginning

  • God spoke the word, which was the communicative act of Creation, the law is promulgated to us in time

Reflect the eternal is not aimed at something that ceases to be

  • God himself is the final end

Aquinas says that the world as we first encounter it has a place and a feeling of stability

Article 2: Natural Law

Aquinas argues that natural law is the way we as natural beings can participate in the eternal.

Everything exists in that eternal order, but creates themselves can be ordered in different ways

The eternal appears to different beings depending on their nature

Human beings are unique because human beings partially govern ourselves

Natural law isn’t the second law, it’s just eternal law for humans

  • Humans act through reason and will, natural law is reason

  • Natural law is a thing for natural beings

Article 3: Human Law

Aquinas says human law is the concept of determination, the act of setting a boundary

Aquinas says the general principles that the natural law gives us is usually too abstract

For Aquinas, human laws are not first principles, but determining the particular in light of the general

Natural law only gives general principles, human law guides human conduct only, but not nature itself, so we need eternal, natural, and human laws

  • The kind of certainty you seek in laws can only be found in eternal law

Article 4: Divine Law

Aquinas argues divine law is necessary because:

  1. The human end exceeds natural reason

  • Law directs human action toward it’s ultimate end

  • If human beings were ordered only to natural flourishing, then natural and human law would be enough

  • But the end of humans is not just happiness, it is eternal happiness

  • This is beyond nature, and there fore requires revelation, divine law

Divine is about reaching the eternal