Aquinas (1224/25 – 1274) ST 1a2ae.90–95 Phil 309 – Dr. T. Hoffmann
1 & 93
The Essence of Law (ST 1a2ae.90)
Definition of law, ST 1a2ae.90.4, co., ed. cit., p. 17: “Thus from the
four preceding articles, the definition of law may be gathered, and it is
nothing else than an (1.) ordinance of reason (2.) for the common
good, (3.) made by him who has care of the community, and (4.)
promulgated.”*
ST 1a2ae.90.1: Why an ordinance of reason (and not of will?)—Law is
a certain measure and rule of our acts. No measure and rule of our
acts can be without reason, because reason is the first principle of
human acts—in fact, it is reason that directs our acts to the end, i.e. by
reason we can do things with a purpose and not merely mechanically.
If the will of someone (e. g. a dictator) frames laws that are not rea-
sonable (because they are unjust), these “laws” are not truly laws. Cf.
St. Augustine, De libero arbitrio 1.5: “an unjust law is no law at all”; cf.
Aquinas, ST 1a2ae.92.1 ad 4; 1a2ae.93.3 ad 2; 1a2ae.95.2 corp.
ST 1a2ae.90.2: Why for the common (and not private) good?—Law is
dependent on (practical) reason; happiness is the ultimate end of
practical reason ! law regards happiness; not the happiness of the
individual, but of the entire community. The common good is “hap-
piness for the entire community.”
ST 1a2ae.90.3: Why made by him who has care of the community (and
not by anyone)?—Since law is ordered to the common good, “the
making of a law belongs either to the whole people or to a public per-
sonage who has care of the whole people.”
ST 1a2ae.90.4: Why promulgated, i. e. made known to all (and not to
some)?—Since the law has binding force for the whole people, it must
be made known to the whole people.
* All citations are from: Thomas Aquinas, On Law, Morality, and Politics, ed. W. P.
Baumgarth and R. J. Regan (Indianapolis: Hackett, 1988).
Eternal Law (ST 1a2ae.91.
Is there an eternal law? What is it?—Law is an “ordinance of reason”;
reason is what moves things to the end. ! As human reason orders
things to the end, so does God order all things of the universe to their
end (their destiny). This is called divine government. God’s plan of
this government is divine providence. Insofar as it is a “rule and
measure” for all actions and movements in the universe, it can be
called a law. It is from eternity. All laws are derived from eternal law.
Natural Law (ST 1a2ae.91.2 & 94)
Is there a natural law? What is it? What are its precepts?—All creatures
are subject to eternal law, but humans in a more excellent way than
non-rational creatures: Humans have reason and thus are not only
passively subject to eternal law (providence) but can also actively par-
ticipate in it, by being led by reason in what they do. “This participa-
tion of the eternal law in the rational creature is called the natural law.”
Natural law is that which man understands of eternal law. It is based
on two elements: natural inclinations and reason.
Natural law is derived from eternal law: It is from God’s creation
and thus according to God’s rational plan that we possess natural in-
clinations and the light of natural reason.
There are five natural inclinations that are at the basis of five basic
precepts of natural law: 1. for the good, 2. for the conservation of life,
3. for the conservation of the species, i. e. the propagation of life, 4. to
know the truth, and 5. for life in society (friendship).
On the basis of these natural inclinations, practical reason estab-
lishes different precepts of the natural law. Natural inclinations make
us discover a value, by practical reason we understand that we must
defend it. For instance. Why do I know that life must be defended?—
Because I desire life and thus understand it to be something valuable.
Therefore, reason tells me: “Do not kill.”
Natural inclinations are not about things that we superficially like,
but about what most deeply corresponds to us. The natural law
doesn’t say: live out all your inclinations, but: live so that the true end
of your inclinations can be guaranteed.
Several precepts based on the natural inclinations: 1. “Do the good,
avoid evil.” 2. “Do not kill,” “defend life.” 3. Commands related to the
third inclination guarantee not only the propagation of life, but of life
in decent conditions: “Take care of your children,” “educate your chil-
dren,” “avoid fornication.” 4. “Do not lie,” “be truthful.” 5. Commands
pertaining to justice, e. g. “Do not take the goods of another.”
Human Law (ST 1a2ae.91.3 & 95)
Do we need a human law?—We need a law that directs our actions in
more particular cases. The goal of both the natural and the human
law is the perfection of virtue (1a2ae.92, 1, co.; 94, 3; 95, 1). The hu-
man law leads to virtue those for whom parental admonitions prove to
be insufficient. These are restrained from evil by force and fear of be-
ing punished. Thus they are forced to desist from evil-doing, and to
leave others in peace. In the long run, “by being habituated in this
way, [they] might be brought to do willingly what hitherto they did
from fear, and thus become virtuous.”
Every human law, if it is a true law, must be just. Only then has it
real force of obligation. For that to be the case, it must be derived
Divine Law (ST 1a2ae.91.4 & 98–108)
The divine law consists of the “old law and the new law,” i. e. of the law
of the Old Testament and that of the New Testament (1a2ae.91, 5;
98–108). It is a law that we know only through divine revelation.
Why do we need a divine law?
1. Divine law directs man to the supernatural end of seeing God from
face to face.
2. Human judgment is often uncertain. Divine law allows man to
know without any doubt what he ought to do and what he ought to
avoid.
3. Only divine law, not human law can sufficiently curb and direct in-
terior acts (thoughts and desires).
4. Only divine law can punish or forbid all evil deeds—human law
might do away with many good things while aiming at doing away
with evil things.
Eternal law (91.1; 93): God’s providence –
the idea underlying God’s government of
the universe, the “type of Divine Wisdom, as
directing all actions and movements.”

from natural law. (A “law” that would allow or prescribe to kill inno-
cent people is not a law.) How can a law be derived from natural law? Natural law (91.2; 94): The
rational creature’s participa- Divine law (91.4 etc.): Old Testa-
• In some cases, like a conclusion from its premises. Example: that ment (98–105) – 10 command-
tion of the eternal law. “Do
one must not kill unborn babys can be derived as a conclusion the good, avoid evil” … ments etc., and New Testament
(106–108) – grace of the Holy
from the principle that one must not kill innocent human beings. Spirit, Sermon on the Mount …
Human law (91.3; 95):
• In other cases, by way of determination. While the fact that crimes all virtues, civil duties
and laws; establishes the
must be punished can be derived from the principles of justice, one penalties …
cannot derive the amount of punishment from higher principles.
This can only be determined by the lawgiver’s decision.