Gospel of John
Long Branch Covenant Church
Natural Law
- by: Ray Ciervo 14/08/2008
Introduction
Thomas Aquinas’ view of natural law has great implications for society, even today. As in all of his writings, Aquinas here is extensive, thorough, and extremely incisive. For him, the natural law is the law the apostle Paul expresses in Romans 2:14, which is “written on the heart” of mankind. However, Aquinas explains further that the natural law in man is a participation in the eternal law of God. And from mankind’s participation in the eternal law through natural law, man is able to establish what Aquinas calls human law, the law required to govern society. Therefore, the way Aquinas perceives and addresses natural law becomes extremely important.
However, natural law is not able to provide for salvation. For that purpose, God has given the divine law. This law removes all doubt concerning what God expects from mankind. Given in the Old and New Testaments, the divine law not only explains what God expects from mankind, but provides instruction on the way to salvation.
In order to understand Aquinas’ view of natural law, it is important to first look at his understanding of law in general.
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[1] Thomas Aquinas, Summa Theologica, (Allen, Texas, Christian Classics) Volume II Q. 91, A2
Aquinas’ View of Law in General
Aquinas states, “Law is a rule and measure of acts, whereby man is induced to act or restrained from acting: for lex (law) is derived from ligare (to bind), because it binds one to act.” Second, law is chiefly ordained for the common good. Aquinas states, “Consequently, it is evident that the proper effect of law is to lead its subjects to their proper virtue: and since virtue is that which makes its subjects good, it follows that the proper effect of law is to make those to whom it is given good, either simply or in some particular respect.” Whatever the arena where the law is applied, it is ordained for the common good. The third point to consider is that for Aquinas, law must be promulgated; it must be made known. Whether he is writing of the eternal law, natural law, human law, or divine law, these three characteristics are present.
Next, Aquinas says that law is present in something in two aspects: First, it is in that which measures and rules; second, it is also in that which is measured and ruled. For Aquinas, the law is in the lawgiver and in that which is governed. If God is the lawgiver, the law is in Him and in some measure in whatever He is governing, whether it be rational or irrational beings. If it is a magistrate who is governing, the law is in him and in his subjects. For Aquinas God’s care for the human race is expressed by giving him law. Although this may sound strange to evangelical ears, Thomas makes a good point.
Because man is a rational being he has more than inclinations that are part of the species. God treats humanity as individuals. “Now only the rational creature is capable of this direction, whereby his actions are guided, not only specifically, but individually. For he possesses understanding and reason, and consequently he can grasp in what different ways a thing may be good or bad, depending on its suitability for various individuals, times and places.”
Different Kinds of Law
For the purposes of this paper, four kinds of law according to Aquinas will be covered: In addition to natural law, Aquinas’ view of the eternal law, human law, and divine law will also be briefly appraised. It is necessary to comprehend each of these and understand the connections among them to get a clear picture of Aquinas’ view of natural law.
Eternal Law
Aquinas’ idea of law proceeds from the eternal law, which he says governs all things. “Now it is evident, granted that the world is ruled by Divine Providence, as was stated in the First Part (Q.22, AA.1, 2), that the whole community of the universe is governed by Divine Reason.” Not only does Aquinas call the eternal law Divine Reason but also Divine Wisdom, as directing all actions and movements. Aquinas is saying that the eternal law is God’s means for governing the universe. Yet the law is not apart from God, but within Him. He is the artisan in whom lies the blueprint for His work of art, namely the universe.
One of the characteristics of Aquinas’ view of law stated earlier was that law must be promulgated, made known. How is the eternal law made known? Aquinas states that an entity may be known in two ways: first in itself, secondly in its effect. He uses the example that one may not know the sun by itself, but may know it by its rays. Hence, Aquinas believes that no one knows God perfectly in His essence, except those who see Him in his essence. Therefore, rational creatures know God by His effects, as set forth in Romans 1:20: “For since the creation of the world, His invisible attributes, His eternal power and divine nature, have been clearly seen, being understood through what has been made, so that they are without excuse.” This is one way Aquinas believes the eternal law is promulgated.
Another way he believes rational creatures know the eternal law is in knowing the truth. “For every knowledge of truth is a kind of reflection and participation in the eternal law, which is the unchangeable truth, as Augustine says (De Vera Relig. xxxi).” He goes on to say that all men know the truth to a certain extent, as they partake of the knowledge of the truth. Some do so to a greater degree and some to a lesser degree. To the extent that they do partake of the knowledge of the truth -- to that degree they are aware of the eternal law. However, no one can know it perfectly -- that is, completely.
The next consideration is to see how far the effects of the eternal law reach. Aquinas states that the eternal law is the plan of government present in the Chief Governor. “Therefore all laws, insofar as they partake of right reason, are derived from eternal law.”
The last two points to consider with regard to eternal law concern how eternal law rules both irrational and rational creatures. Irrational creatures are subject to the eternal law through being moved by divine providence. Though irrational creatures have no reason of their own, they do, however, participate in the eternal law by obeying it.
Rational creatures participate in the eternal law through reason. Since the goal of law is to effect the good of the community, rational creatures reason for the good and act upon it. This leads us to a brief look at natural law. A more in-depth view will follow the examinations of human law and divine law.
Natural Law
Quoting Romans 2:14, Aquinas states that the natural law is what is written on the hearts of men. He states, “It is evident that all things partake somewhat of the eternal law, insofar as, namely, from its being imprinted on them, they derive their respective inclinations to their proper acts and ends.” He goes on:
Now among all others, the rational creature is subject to Divine Providence in the most excellent way, insofar as it partakes of a share of providence, by being provident for itself and for others. Wherefore it has a share in the Eternal Reason, whereby it has a natural inclination to its proper act and end: and this participation in the eternal law by the rational creature is called the natural law.
Therefore the natural law is the rational creature’s participation in the eternal law. As in all law, this law is for the common good of the community, is promulgated by being written on the hearts of all men, and is the rule and measure of acts in mankind. What sets mankind apart from irrational creatures is the ability to reason through the law.
Human Law
Human law is derived from the natural law. Although natural law is written on the hearts of men, it does not prevent men from responding to other inclinations. According to Aquinas, some are depraved and others prone to vice. Therefore, he says:
It was necessary for such to be restrained from evil by force and fear, in order that, at least, they might desist from evil-doing, and leave others in peace, and that they themselves, by being habituated in this way, might be brought to do willingly what they hitherto did from fear, and thus become virtuous.
These who are weak through lack of virtue need human law to bring their actions into line with natural law. Aquinas states, “Consequently, every human law has just so much of the nature of law, as it is derived from the law of nature. But if in any point it defects from the law of nature, it is no longer a law but a perversion.” Here Aquinas is stating that human laws are judged by their compliance with the natural law, and that when any law deviates from the natural law, it becomes not a law but a perversion.
Aquinas uses example to explain two ways that human law is derived from natural law. The first is by reasoning from premise to conclusion. For instance, he states, one may arrive at the conclusion that it is wrong to murder from the principle that “one should do harm to no man.” The second way would be to deliberate how to implement a conclusion. An example would be to determine how someone ought to be punished. That evildoers ought to be punished should be evident. How they ought to be punished is arrived at through deliberation.
Divine Law
In brief, the divine law is divided into the Old and New Testaments. Aquinas states that the need for the divine law is justified because it was necessary to direct human conduct. He states four reasons why both the natural law and human law fall short in directing man. First, because law directs man to his natural end, he is in need of Divine Law. If man “were ordained to no other end than that which is proportionate to his natural faculty,” he would have no need for divine law. His reason would suffice. But since man is “ordained to an eternal happiness which is inproportionate to his natural faculty” it is necessary for him to be directed to that end through the divine law. Secondly, because of the uncertainty of man’s natural reason in matters of judgment, he must know beyond a shadow of a doubt what is expected of him. Therefore, he is in need of a divine law. Thirdly, since man is incompetent to judge in matters of internal movements -- that is, the matters of thought and intent -- he is in need of divine law. Lastly, quoting Augustine, Aquinas states that human law cannot forbid all evil deeds, for in doing so man might do away with the common good. Therefore, it is necessary for man to receive the divine law from God.
In this brief overview of law, one can see the plan of God for mankind unfold. Law in general is always for the common good. The eternal law is how God runs His universe. He has written this law on the heart of man in order for man to participate in this law. Man’s deciphering of the natural law within permits him to make human law to govern society. As long as man’s reason functions properly, he may have a good society. And God in His mercy describes for man His expectations through the clear communication of the divine law. In addition, He reveals the way of salvation in this same communication.
Natural Law
A Work of Reason
For Aquinas, the natural law is within all rational beings as a work of reason, as opposed to a habit. As a habit, it would be within everyone, including infants and those he calls “the damned.” For Aquinas, the natural law may be formed into a habit through reason. According to him, good is that which the reason apprehends as it acts for its own end. Since every creature acts for its own end, man also acts for his own end, except he does so through his practical reason. Aquinas tells us that this is even the first precept of practical reason, “that good is to be done and pursued, and evil is to be avoided.” Every other precept of the natural law is based upon this first precept. Therefore, every other precept of natural law that the practical reason apprehends as man’s good or evil is to be done or avoided.
In man, there is also the inclination, as there is in all creatures, to procreate, instruct their offspring, and so forth. These are also part of the natural law, which man has in common with all other creatures.
What man does not have in common with other creatures is his inclination to know truth, specifically the truth about God and how to live in society. To quote Thomas directly, “For they stand out above other creatures, both in natural perfection and in the dignity of their end. In the order of natural perfections, only the rational creature holds dominion over his acts, moving himself freely in order to perform his actions.” He goes on, “…for only the intellectual creature reaches the very ultimate end of the whole of things through his own operation, which is the knowing and loving of God.”
Thomas is not saying here that man’s participation in the natural law will lead him to God. What he is saying is that God has made special provision for mankind to find God. The natural law acts as a tutor taking man to his master through inclinations. These inclinations are based on the basic law to do good and avoid that which is evil.
The Natural Law Common to All Mankind
In answering questions as to whether the natural law is common to all mankind, Aquinas answers in the affirmative. As to matters of general principles and conclusions, Aquinas affirms that the natural law is the same to all men everywhere. He states this in the context of reason. As long as reason is working properly, man knows the principles and conclusions. It is when reason is deflected through selfish desires that the natural law is not carried out.
Aquinas also offers the example that it might appear correct to return the goods of another. However, if returning the goods would cause the person harm or someone else harm, it would not be correct. For instance, if someone is given a firearm to hold for someone else, it might appear correct to return the item when the party wants it. However, if the person is going to commit suicide or murder, it would not be right to return it. The conditions surrounding the principle would change the action required. Although it might be correct to return goods held in trust, the more details that are added, the more reason must be employed. However, the basic principle of natural law holds true: Good is to be done and evil is to be avoided.
Can the Natural Law Be Changed?
Answering questions concerning whether the natural law can change, Aquinas replies in the negative. Quoting “The Decretals” (Dist V.), he says, “The natural law dates from the creation of the rational creature. It does not vary according to time but remains unchangeable.” The questions posed relate to a quote from Ecclesiasticus concerning the divine law correcting the natural law, Hosea taking a wife of harlotry, the sacrifice of Isaac, and the plundering of the Egyptians.
Answering Ecclesiasticus, Aquinas states that if God were to correct the law of nature in man, it would be because man in his sinfulness had perverted that which is good. In other words, man was esteeming evil as good and needed correcting. In this, God is not changing the law but bringing light to it. It may appear that it is being corrected, when in fact God is directing man to return to the good.
As far as Hosea’s taking Gomer for his wife, Aquinas states that any command of God to take a wife of harlotry is neither adultery nor fornication. The same is true in the matter of God’s commanding someone to take the life of another. According to Aquinas, death is the natural course of life. Quoting 1 Kings 2:6, “The Lord killeth and maketh alive,” Aquinas believes death can be inflicted by God on any man, whether innocent or guilty, without any injustice whatsoever. Concerning the plundering of the Egyptians when Israel left Egypt, according to Aquinas, God is He who possesses all things. Once again, if it is the command of God to take possessions which are in the trust of another, to do so is not stealing. Through these examples, Aquinas seeks to show that the natural law does not change.
Aquinas says that the natural law can seem to change in two ways. The first is through divine and human law. Divine and human law have added over and above the natural law, although they have not changed the essence of the law -- to do good and avoid evil. It is in the deliberation of the natural law that it may change.
In the same way, the second instance of change may come through subtraction. What once was held to be of the natural law may change through some secondary aspect of the natural ceasing to be. In neither of these instances does Aquinas give any illustrative examples.
Can the Natural Law Be Erased From the Heart of Man?
It appears through arguments that the natural law can be erased from the heart of man through wickedness. It seems that reason is hindered from applying the general principle to seek good and avoid evil. For Aquinas, this is not the same as the law’s being erased. What he says is that something else has come into the situation which hinders reason from differentiating what is truly good from what only appears to be good. What he is stating is that reason in such a situation has made a bad judgment. The law has not been erased; it has merely been obscured.
This situation can occur when a passion distracts someone from reason. For instance, a man can know that fornication is wrong in general. However, in a particular instance, temptation may produce a passion within the man that makes him forget the general prohibition of fornication and “reason” it permissible in this instance. Aquinas quotes Romans 7:23: “I see another law in my members, fighting against the law in my mind, and captivating me in the law of sin.” The law in my mind is the natural law that is being attacked by the law of the members. Aquinas states that although Socrates believed that passion was not stronger than knowledge, and every virtue a sort of knowledge, he was not entirely correct. He goes on to quote Aristotle to say that the will is not moved to evil unless that which it sees “appears good to the reason.”
Another challenge to Aquinas’ view of natural law is that the law of grace is greater than the natural law and the law of grace can be erased by sin. His response to this is that the law of nature is more essential to man than grace and therefore more enduring.
His final challenge is to answer the objection concerning how it can be possible that any of the laws enacted by men are not just. Since human law is derived from natural law, then, natural law cannot be just. His answer to this is to agree in part. In a secondary sense, some legislators have enacted laws which are not just. However, this does not make the first principle of the natural law, namely to seek good and avoid evil, unjust, nor does it prove that the law of nature has been erased from the heart of man.
Throughout Aquinas’s handling of the law, he maintains a consistent premise. According to God’s plan, creation and both rational and irrational beings are directed for a specific end, which is good. The creation and irrational beings are moved toward that end through the eternal law, which is God’s providence. There is no choice involved in this. It simply is a matter of unintelligent obedience to the divine hand of God. Man, the rational being, participates in this eternal law through operating his reason as he inclines to the law within. Because man is a social being, he formulates these inclinations of the natural law into what Aquinas calls the human law. This human law is dependent upon mankind’s ability to reason properly.
Because God has made mankind for eternal happiness, God has gone beyond the inclinations of natural law written on the hearts of men. He has delivered the divine law given in two testaments to instruct men toward salvation. The divine law orders men to God. “The leader of an army intends victory and the ruler of the state intends peace. But the end which God intends is God Himself.”
Evaluation
Aquinas’ view of natural law springs from his view of God and His universe. There is little to contend with in his understanding. Because Aquinas sees the sovereign hand of God in all of creation and law is in God, it is in everything He has made. Through the eternal law God governs the universe in general and in particular. According to Aquinas, this is for the “common good.” The good of the universe, then, is the aim of God’s creation. Another way to say it is that God created the universe for good and set a system in place whereby the universe can function according to that end. Since the law is in everything, everything participates in the eternal law without reason. If all beings were irrational, this would be a perfect universe.
The way Aquinas sees how the eternal law flows from God is unique. His word picture is of an artisan who has the blueprint within him. His creation becomes the work of the blueprint. As he tells it, the law then is in the artisan and also in the artwork. We can see the agreement of Romans 1:20-21 with this. God’s attributes are seen, made known in what has been made. Upon any investigation, one can see the order that life follows. This Aquinas calls the eternal law. Creatures and creation follow the divine providence and divine wisdom through obeying them. In plain language, this makes sense. What animal biologists today call animal instinct, Aquinas calls the eternal law. What scientists have reduced to the laws of nature, Aquinas sees as the eternal wisdom and reason at work.
Aquinas says that eternal law can also be known through the knowledge of truth. If a man were to seek truth, he would recognize that the eternal law was present in creation. He tells us that every knowledge of truth is a kind of reflection of the eternal law.
Mankind is given the privilege of participating in the eternal law through the natural law:
For when Gentiles who do not have the Law do instinctively the things of the Law, these, not having the Law, are a law to themselves, in that they show the work of the Law written in their hearts, their conscience bearing witness and their thoughts alternately accusing or else defending them.
The law “written on the heart” is what Aquinas calls the natural law. This law is on the hearts of all men in the same way. For Aquinas, man’s participation in the eternal law is to follow the natural law. Man does this through, first, recognizing the first principle of this law, namely, to do good and avoid evil, and, secondly, recognizing the role of reason in obeying and applying the law. Aquinas describes this law present within man as inclination.
Aquinas’ view of natural law makes man responsible for his actions. Although he is inclined to do good and avoid evil, the law does not make him do it. The law can also be obscured either by passions or by one’s telling himself that something is good when in fact it is evil. In either case, Aquinas’ position makes the person responsible for his actions. For the natural law to be most effective, one has to reason clearly.
As Aquinas’ view of law in general unfolds, you get the idea that he saw God’s plan unfold. Society needs laws in order to function correctly and attain the common good for its citizens. God’s plan for man’s social life is revealed in his participation in law. Human law is established through recognizing the above procedure of God’s creation and man’s participation. When clear reasoning proceeds, righteous laws are established. This is a tremendous insight into governing and caring for society.
When Aquinas states that human law hinges on natural law, which is a participation in God’s eternal law, he gives provides a sound approach to living. His primary ethics are simply to do good and avoid evil. For him, the law simply means this. It is a first principle of practical reason. To say the term law is to say that man should do good and avoid evil. For Thomas this is binding. It is more than a rule; it is an obligation. From his point of view, every human law must be established on this basis. All secondary laws are based on this principle of doing good and avoiding evil. It is the first place to reason. All other matters are secondary.
Aquinas gives us a straightforward course on ethics and government. It appears that most of western civilization was familiar with his understanding of law. Political scientists may have interpreted Aquinas’ view of good as right as humanity was asking the question “What is right?” For Thomas the question is “What is absolutely good?”
However, most missed the necessary foundation of the eternal law. America’s present society exemplifies this. Losing God’s rule through eternal law is national suicide. Life simply doesn’t work when man’s reason alone is the wellspring for justice. Foolish minds are darkened when man turns his back on eternal light.
In all the understanding of law, Aquinas leads the reader to understand that law will not bring man to his ultimate end – eternal happiness. Through man’s participation in God’s providence in the natural law, he is not able to attain his end. In fact, Aquinas points out the need for divine intervention in the life of man. This intervention takes the shape of what is commonly known as the Old and New Testaments.
As much as law can lead us to do good and avoid evil, it cannot perform the work necessary to achieve its end. What Aquinas calls the divine law is God’s special revelation to man. Beyond all else, man is in need of the law of grace, which is bestowed upon man to accomplish his ultimate end.
In closing, Thomas Aquinas’ view of natural law provides a strong argument for the existence of God. Not only is it apparent that man has inclinations or ought to’s, but these inclinations are to good, not evil. Man knows what is fair or unfair by the law written on the heart. The inclinations are pointed to what is good and would be good for all. The presence of these ought to’s declares the participation in something greater. That something greater can be pointed to as proof for the existence of God, who made the world and everything in it. For the apologist, that is the point for studying Thomas’ view of natural law. Every instance of ascertainable proof of God’s existence is another tool for use against the skeptic, the critic, and the seeker. Novices and scholars alike would do well to study Thomas’ view of natural law.
