The Four Kinds of Law According to St. Thomas

By

Daniel A. Gannon

Gannon.dan@gmail.com

Copyright © Deacon Daniel Gannon

Introduction

St. Thomas Aquinas identifies four types of law in his Summa

Theologica – eternal law, natural law, human law and divine law.

We will explain the meaning of these four types of law, according

to St. Thomas, and elucidate how they are related and

distinguished from one another. There are many ways we could go

about this discussion, but it seems fitting to begin with the

eternal law, moving then to natural law and human law, since this

order of consideration comports with how these types of law flow

from one another. Finally, we will discuss the divine law – God’s

personal revelation to man, and how the divine law illumines

man’s darkened intellect and disordered will to his dignity,

eternal value and destiny. The goal of our discussion is to more

clearly understand how man participates in God’s law – a law

“written on our hearts” (cf. Rom. 2:15), which is ultimately

manifested as Christ’s New Law of love and grace. The Catechism

teaches, “there are different expressions of the moral law, all

of them interrelated: eternal law-the source, in God, of all law;

natural law; revealed law, comprising the Old Law and the New

Law, or Law of the Gospel.”1 Man’s participation and cooperation

in God’s law leads to true beatitude and eternal life.

The Eternal Law

St Thomas says that, “law is a rule and measure of acts,

whereby man is induced to act or is restrained from acting…”.2 He

also characterizes law as something brought into being via reason

when he says “law is something pertaining to reason”, since the

rule and measure of human acts is reason.3 Now, the eternal law

is nothing other than the divine governance of all things. This

governance is an act of intellect (reason) in God, according to

St. Thomas, and “since the Divine Reason's conception of things

is not subject to time but is eternal, according to Proverbs 1 Catechism of the Catholic Church, (CCC), (Vatican City: Libreria Editrice Vaticana, 1994), 1952.

2 Thomas Aquinas, Summa Theologica, (New York: Benziger Brothers, 1947), q. 90, a. 1. He goes on in the same article to explain that, “lex [law] is derived from ligare [to bind], because it binds one to act.” Cf. Ibid., q. 90, a. 4 “The definition of law may be gathered; and it is nothing else than an ordinance of reason for the common good, made by him who has care of the community, and promulgated.”3 Cf. Ibid. “Now the rule and measure of human acts is the reason, which is thefirst principle of human acts, … since it belongs to the reason to direct to the end, which is the first principle in all matters of action, according to the Philosopher (De Physica ii). Now that which is the principle in any genus, is the rule and measure of that genus: for instance, unity in the genus of numbers, and the first movement in the genus of movements. Consequently it follows that law is something pertaining to reason.”

8:23, therefore it is that this kind of law must be called

eternal.”4 God’s governance is more than the mere order and

nature of the physical universe. Pope John Paul II notes,

importantly, that God provides in a special way for man, in that,

“God’s wisdom is providence, a love which cares … for man not

‘from without’… but ‘from within’, through reason…”5 So, we begin

to see that God’s rational order of “all things visible and

invisible”6, consists in His providential Will to order all

things to His glory and love. This is realized most perfectly in

the rational creature’s participation, through reason and will,

in the eternal law of God. This eternal law of God is imprinted

in the rational nature of man, according to Thomas. This leads us

to what he calls – the “natural law”.7

The Natural Law

The natural law is summarized by Thomas in his Summa:

4 Summa, q. 91, a. 1. Pope John Paul II observes in Veritatis Splendor, how St. Augustine defines the eternal law as, “the reason or the will of God, who commands us to respect the natural order and forbids us to disturb it.” John Paul II, Encyclical Letter, Veritatis Splendor, (August 6th, 1993), n. 43.5 VS, n. 43.6 Denzinger, Council of Nicea: Nicene Creed, The Sources of Catholic Dogma, (Fitzwilliam, NH: Loreto Publications, 2002), p. 26.7 Cf. Summa, q. 91, a. 2.

Now among all others, the rational creature is subject to Divine providence in the most excellent way, in so far as it partakes of a share of providence, by being provident both for itself and for others. Wherefore it has a share of the Eternal Reason, whereby it has a natural inclination to its proper act and end: and this participation of the eternal law in the rational creature is called the natural law.8

Man “participates” or partakes of the eternal law and will of God

through his active, intelligent cooperation. William May explains

this well when he says, “The eternal law is ‘in’ them both

because they are ruled and measured by it and because they

actively rule and measure their own acts in accordance with it.”9

It is thus in man properly and formally as “law”, since man’s

actions proceed from reason. While the source of the eternal law,

viz. God, is extrinsic to man, it seems man’s participation of

the eternal law (i.e. the natural law) is something intrinsic to

man – it is “imprinted” on our very nature, according to St.

Thomas.10 Hence, if man’s acts are in accord with what Thomas

calls the imprint of “Divine Light” on him, his actions will be

in accord with his nature (given him by God’s eternal

design/”law”), with reason and be directed toward a full

8 Ibid. Cf. VS, n. 43, where John Paul II describes, “natural law as the human expression of God’s eternal law.”9 William May, An Introduction to Moral Theology, (Huntington, Indiana: Our Sunday Visitor, 2003), p. 73.10 Cf. Summa, q. 91, a. 2.

realization of his eternal destiny (revealed via the divine law)

and thus – his true happiness.11

There is potential for confusion between the eternal and

natural law, since we are told in Veritatis Splendor that, “the

natural law is itself the eternal law, implanted in beings

endowed with reason, and inclining them towards their right

action and end; it is none other than the eternal reason of the

Creator and Ruler of the Universe.”12 But we should make the

qualification that the natural law is “entitatively distinct from

the eternal law that exists in God … it is not something ‘other

than’ the eternal law… it is a reality brought into being through

reason; it is a work of human intelligence as ordered to

11 The nature of at thing, according to St. Thomas, is its “quiddity” or “whatness” – the essential attributes that make a thing to be what it is. Man’s nature is to be a rational, creature with free will. He knows objective reality exists through his senses and discovers the natures of things through use of his reason. Cf. Dr. Janet Smith, Introduction to Sexual Ethics, Lecture Notes: Holy Apostles College & Seminary; [Web Mentor Online]; available from http://home.comcast.net/~icuweb/c00201.htm, Lesson 1, Janet Smith observes, “One truth that our reason discovers is that things have essences or natures and purposes and that it is good to act in accord with those essences or natures and purposes.” However, she cautions, “It cannot be stressed too strongly that natural law ethics do not proceed by positing the essence of manand then deducing or deriving moral norms from that essence…” Rather, much observation, induction and deduction is required to gain “penetrating insight into the nature of things” and better be able to determine what kinds of actions (viz. virtue) help us achieve the true good.

action.”13 This is the sense in which St. Thomas says that man,

“participates” in the eternal law via reason – this act of

“participation”, rationally and freely – is called the natural

law.14

Upon establishing the origin and definition of natural law,

Thomas observes that the first thing reason ordered to action

(practical reason) grasps in this regard is … the good.

Consequently, the first principle of practical reason is one founded on the notion of good, viz. that "good is that which all things seek after." Hence this is the first precept of law, that "good is to be done and pursued, and evil is to be avoided." All other precepts of the natural law are based upon this: so that whatever the practical reason naturally apprehends as man's good (or evil) belongs to the precepts of the natural law as something to be done or avoided.15

12 Cf. VS, n. 44, quoting Encyclical Letter Libertas Praestantissimum (June 20, 1888): Leonis XIII P.M. Acta, VIII, Romae 1889, 219.13 May, p. 74. “As such and properly, then, natural law is for St. Thomas an achievement of practical reason. It consists of a body or ordered set of true propositions formed by practical reason about what is to be done.” He goes on to note in his footnote on this that there are nondemonstrable starting pointsor principles in both the practical and speculative intellect, which are not two reasons in man, but two ways reason is exercised.14 Cf. Charles Rice, 50 Questions On the Natural Law, (San Francisco: Ignatius Press,1999), p. 51, describes natural law as, “a rule of reason, promulgated by God in man’s nature, whereby man can discern how he should act. ‘The natural law is promulgated by the very fact that God instilled it into man’s mind so as tobe known by him naturally.’” (quoting Summa, q. 91, a. 4); Cf. Smith, Lecture2: Since natural law is based upon reason, it follows the ethics of natural law is a universal ethics, because all human beings are rational creatures15 Summa, q. 94, a. 2. ; Cf. VS, n. 44, where John Paul II states, “Man is able to recognize good and evil thanks to that discernment of good from evil which he himself carries out by his reason, in particular by his reason enlightened by Divine revelation and by faith…”

This is the law St. Paul refers to as being “written on our

hearts” (Rom. 2:15), which is a beautiful expression of how the

eternal law is apprehended by reason and “calls out” to man’s

conscience and heart. These inclinations planted in man – by God,

help order man to his ultimate good – eternal happiness.16 Self-

evident principles flow from Thomas’ first precept ‘do good,

avoid evil’, such as: “harm no man”; “provide for offspring”;

“give another his due”.17 God is the author of nature and thus

the author of natural law – to live in accord with the natural

law is to live according to the true good – God’s will.18

However, St. Thomas warns the concupiscence of original sin and

personal sin in man can lead him to reach the wrong conclusions

and actions, which are contrary to the true good.19 The Catechism

notes subjective culpability may be mitigated or diminished, but

affirms some acts are always objectively wrong.20 We are now

getting to more particular determinations man makes from natural

law precepts. St. Thomas calls these particular determinations

human law.

Human Law

St. Thomas describes human law by stating, “it is from the

precepts of the natural law, as from general and indemonstrable

principles, that the human reason needs to proceed to the more

particular determination of certain matters. These particular

determinations, devised by human reason, are called human laws,

provided the other essential conditions of law be observed.”21

Those “conditions” are enumerated in his basic description of

law, which is “an ordinance of reason for the common good, made

by him who has care of the community, and promulgated.”22 So, we

see a procession from universal to particular as we move from

man’s apprehension and participation of the eternal law via

reason (which we call natural law and its immediate precepts) to

particular, human laws, which should reflect and conform to God’s

eternal law.

Since then the eternal law is the plan of government in the Chief Governor, all the plans of government in the inferior governors must be derived from the eternal law. But these plans of inferior governors are all other laws besides the eternal law. Therefore all laws, in so far as they partake of right reason, are derivedfrom the eternal law. Hence Augustine says (De Libero Arbitrio i,6) that "in temporal law there is nothing just and lawful, but what man has drawn from the eternallaw."23

Human laws must be ordered to God’s eternal law, which is

apprehended by an act of reason in the natural law precepts.

Human law is thus derived from natural law.24 For example, one

may derive a law prohibiting murder from the natural law precept,

“harm no man”.25 The natural law functions as both a guide for

human laws to benefit the common good (e.g. family and

economically favorable laws), and as a protection against laws

16 Cf. Rice, p. 52. Rice notes the basic inclinations in man include: a) to seek the good, including the highest good, God; b)to preserve himself in existence; c) to preserve the species – conjugal relations; d) to live in community with others; e) to use his intellect and will – to know the truth and make judgments.

17 Cf. Smith, Lecture 2.

18 Cf. Ibid.

19 Cf. Summa, q. 94, a. 6. He states the natural law, “is blotted out in the case of a particular action, in so far as reason is hindered from applying thegeneral principle to a particular point of practice, on account of concupiscence or some other passion, as stated above (Q77,A2). But as to the other, i.e. the secondary precepts, the natural law can be blotted out from the human heart, either by evil persuasions, just as in speculative matters errors occur in respect of necessary conclusions; or by vicious customs and corrupt habits, as among some men, theft, and even unnatural vices, as the Apostle states (Romans 1), were not esteemed sinful.”

20 Cf. CCC, 1755 – 56. Cf. CCC, 1776, speaking of the objective nature of the natural law: “Deep within his conscience man discovers a law which he has not laid upon himself but which he must obey. Its voice, ever calling him to love and to do what is good and to avoid evil, sounds in his heart at the right moment. . . . For man has in his heart a law inscribed by God. . . . His conscience is man's most secret core and his sanctuary. There he is alone withGod whose voice echoes in his depths.” Cf. VS, n. 79-80: “The primary and decisive element for moral judgment is the object of the human act … reason attests that there are objects of the human act which are by their nature incapable of being ordered to God, because they radically contradict the good of the person made in his image.” Such acts are called “intrinsically evil” (intrinsece malum) acts, which are “always and per se…on account of their very object, and quite apart from the ulterior intentions of the one acting and the circumstances.”

violating natural law precepts (e.g. abortion, euthanasia).26

Such human laws which violate natural law (or divine law) are

unjust and constitute, “acts of violence rather than laws.”27 St.

Augustine noted, “a law that is not just, seems to be no law at

all.”28 Such laws are not binding in conscience. This is a

prescription for limited government, which recognizes the divine

foundation, universality and permanency of God’s eternal and

natural law, as well as the limitations of what government can

require or deny. It is also a limitation on what is often called

in modern society “individual rights” or “rights to privacy”,

which in certain cases veil destructive and even murderous acts

and even give them protection under the “law”. 29 Pope John Paul

II states, “the natural law expresses the dignity of the human

person and lays the foundation for his fundamental rights and

duties.”30 Authentic human law promotes and protects these rights

21 Summa, q. 91, a. 3.

22 Summa, q. 90, a. 4

23 Summa, q. 93. a. 3.

24 Cf. Rice, p. 62.

25 Ibid.; Rice calls this example a derivation of human from natural law “by conclusion”.

and duties expressed in the natural law. This leads us to ask:

How can man have certitude about his rights and duties to God?

The Divine Law

St. Thomas affirmed the necessity of Divine Revelation for

man’s acts to be directed towards his supernatural end – the

Beatific Vision. “Besides the natural and the human law it was

necessary for the directing of human conduct to have a Divine

law.”31 The Divine Law includes both the Old and the New

Testament. St. Thomas stated the Divine Law was necessary because

there needed to be a law given by God, proportionate to man’s

supernatural end; because of the uncertainty of human judgment;

because human law cannot curb or direct interior acts, but Divine

Law judges man’s interior movements; and because human law cannot

forbid or punish all acts, but Divine Law supervenes, so that all

sins are forbidden.32 Thomas also elucidates how faith in Divine

Revelation allows man to “arrive more quickly at the knowledge of

Divine truth”,33 as not all persons are able or as willing to

apply themselves to study. Finally, and importantly – the Divine

Law provides certitude, since, “reason is very deficient in things

concerning God”… who is infinite.34

The Church looks to Sacred Scripture, revealed by God and handed

down by the authority of the Apostolic Church; Sacred Tradition, the

unwritten actions of the Apostles and their successors in union

with Peter and his successors – which are guided by the Holy

Spirit; and the Magisterium of the Church, “whose authority is

exercised in the name of Jesus Christ. This teaching office is

not above the word of God, but serves it.”35 Hence, man has great

practical and infallible assistance in the Magisterium to help him

know how he is to direct his actions correctly towards his

ultimate good – eternal salvation. Indeed, far beyond a

legalistic morality of what is forbidden, the Divine Law,

(authentically interpreted by the Magisterium) and in particular

the New Law revealed in Christ – illuminates man’s mind and heart

though grace, calling him to the commandment of Christ to love,

which is the “form of all the virtues”, according to St.

35 Second Vatican Ecumenical Council, Dogmatic Constitution on Divine Revelation, Dei Verbum, Ed. Austin Flannery, O.P., (Dublin, Ireland: Dominican Publications, 1975), n. 10; Cf. Ibid. “It is clear, therefore, that sacred tradition, Sacred Scripture and the teaching authority of the Church, in accord with God's most wise design, are so linked and joined together that onecannot stand without the others, and that all together and each in its own wayunder the action of the one Holy Spirit contribute effectively to the salvation of souls.”

Thomas.36 “This is my commandment, that you love one another as I

have loved you.” (Jn. 15:12) The term “as” connotes a commandment

by Christ for us to be perfect, as He is perfect.37 Hence,

“Jesus’ way of acting and his words, his deeds and his precepts

constitute the moral rule of Christian life”, according to John

Paul II.38 Thus, the Divine Law is “superabundant” in calling man

to order his reason, his will, his heart and actions to

“perfection [which] demands that maturity in self-giving to which

human freedom is called.”39 The Divine Law completes the other

forms of law, going beyond precept to divine love, which has no

limits and elevates man to his full actualization in God as his

“all”.

Pope John Paul II and the Law

37 VS, n. 20, “The word ‘as’ also indicates the degree of Jesus’ love and of the love with which his disciples are called to love one another.”

38 Ibid. Christ gives his very life for us, so we must give our lives completelyin the service of love of neighbor for Christ’s sake. There is no limit to charity – we can always grow in love and virtue, in this life. John Paul says,“This is what Jesus asks of everyone who wishes to follow him: ‘If any man would come after me, let him deny himself and take up his cross and follow me’(Mt. 16:24).”

39 VS, n. 17. “Human freedom and God’s law are not in opposition; on the contrary, they appeal one to the other.”

Janet Smith’s observations about Pope John Paul II’s

“Personalist” gloss on traditional Thomistic thought regarding

natural law are very insightful, and illustrate the magisterial

greatness of the Polish Pontiff. With John Paul II, there is a

shift in emphasis from Thomas’ objective, metaphysical,

rationalistic or mechanistic emphasis in describing the natural

law’s relationship to human (moral) acts – to a more Personalist,

subjective, and phenomenological emphasis.40 John Paul II does

not take away from nor contradict Thomas. He uses the basic

natural and eternal law thesis, explained above, as a starting

point for a deeper reflection, but emphasizes man not only as a

rational creature, but as a “self-determining creature who must

shape himself in accord with the truth”,41 in order to realize

his true dignity and calling to be perfect, as Christ called the

rich young man to be perfect. (cf. Matt. 19:16-22)42 In Veritatis

Splendor, the Pope reveals the complementariness of the natural

law and the divine law in his treatment of the objectivity and

rationality of the natural law precepts as lived by human persons made

in the image and likeness of God, who know and love God through

Revelation.

The Personalist approach of John Paul II acknowledges the

Commandments as a starting point and condition precedent to move

deeper into the meaning of life … viz. Christ’s New Law of love –

the Beatitudes and the grace to live according to Christ’s new

commandment to “love one another”. (Jn. 15:17)43 Thus, we see

with John Paul II, “the human person is not ‘confined’ by natural

law but freely participates in God’s governance … he may freely

choose to do the good or not to do it.”44 The subjective emphasis

of John Paul II compared to St. Thomas’ emphasis on objectivity

is elucidated by Smith well when she suggests, “Aquinas’ chief

interest is in determining what acts are good and evil; for

Wojtyla the chief interest is in showing that man’s very

subjectivity and freedom requires that he be concerned with the

truth.”45 While Thomas would certainly agree with John Paul II’s

emphasis on man being self-determining in choosing to follow

Christ, man’s “gift of self”, and the effect man’s actions have

on himself and his fulfillment as a person – Thomas’ focus tended

to be on the fact that man is able to choose because he is an

“individual substance of a rational nature”, which is his

definition of the human person. John Paul II defines the person

more richly: “The person…is always a rational and free concrete

being, capable of all those activities that reason and freedom

alone make possible.”46 The question John Paul II wishes us to

focus on is not simply what rules are to be followed, but also,

“What is the meaning of life?” The great Pontiff exhorts man to

that critical relationship between the (objective) law and

(subjective) personal freedom, which is lived out in the ‘heart’

of the person, in his moral conscience – which must be ordered to

objective truth to be authentically free.47 John Paul II

masterfully deepened objective, Thomistic natural law themes with

Personalism in a way that is complimentary.

Summary

St. Thomas’ four kinds of law illuminate the order and

splendor of God’s creation, both physical and most excellently,

31 Summa, q. 91, a. 4.

27 Summa, q. 96, a. 4.; Cf. Ibid. “Wherefore such laws do not bind in conscience, except perhaps in order to avoid scandal or disturbance, for whichcause a man should even yield his right, according to Matthew 5:40,41: "If a man. . . take away thy coat, let go thy cloak also unto him; and whosoever will force thee one mile, go with him other two."

rational. God’s eternal law is His Divine Wisdom and Providence,

directing and ordering all of creation to Himself as their end.

The participation of the eternal law in the rational creature is

the natural law, whereby man’s reason apprehends certain self-

 Secondly, laws may be unjust through being opposed to the Divine good: such are the laws of tyrants inducing to idolatry, or to anything else contrary to the Divine law: and laws of this kind must nowise be observed, because, as stated in Acts 5:29, "we ought to obey God rather than man."

28 Ibid. citing St. Augustine, De Libero Arbitrio i,5.

29 Cf. VS, n. 51: “The separation which some have posited between the freedom of individuals and the nature which all have in common … obscures the perception of the universality of the moral law on the part of reason. But inasmuch as the natural law expresses the dignity of the human person and laysthe foundation for his fundamental rights and duties, it is universal in its precepts and its authority extends to all mankind. This universality does not ignore the individuality of human beings … it embraces at its root each of theperson’s free acts. .. When on the contrary they disregard the law, our acts damage the communion of persons, to the detriment of each.”

30 Ibid.

26 Ibid., p. 63

32 Cf. Ibid.

33 Cf. Summa, II-II, q. 2, a. 4.

34 Ibid.

36 Cf. Summa, II-II, q. 23, a. 6 “The proper function of charity as the form ofall the virtues is to direct and ordain the acts of all the virtues effectively to the ultimate supernatural end, even those of faith and hope.”; Cf. Summa, q. 23, a. 8. St. Thomas beautifully states: “Charity is said to bethe end of other virtues, because it directs all other virtues to its own end.And since a mother is one who conceives within herself and by another, charityis called the mother of the other virtues, because, by commanding them, it conceives the acts of the other virtues, by the desire of the last end.”

evident precepts derived from the eternal law, such as “seek the

good, avoid evil”. Man applies his reason, guided by the divine

law (Sacred Scripture) as interpreted and elucidated even more

practically by Sacred Tradition via the Magisterium of the

Catholic Church—to ascertain in his conscience how he should act

40 Cf. Smith, Lecture 3.

41 Ibid. “While Wojtyla accepts Aquinas’ view of the person, he supplements it.” Dr. Smith quotes John Paul II on St. Thomas: “St. Thomas gives us an excellent view of the objective existence and activity of the person, but it would be difficult to speak in his view of the lived experiences of the person.” (Karol Wojtyla, Person and community: Selected Essays, trans. By Theresa Sandok, OSM (New York: Peter Lang, 1993))

42 Cf. VS, n. 16.

43 Cf. VS, n. 64; Cf. Summa, II-II, q. 45, a. 2: John Paul II notes there is “a sort of connaturality between man and the true good … through the virtuous attitudes of the individual…”. While acknowledging the foundational importanceof the commandments, the Pope emphasizes the development of Christian virtue and perfection, which is complimentary, not contradictory, to the commandments. We must imitate the “self-portrait” of Christ in the Beatitudes to truly grow in virtue. Thus, Pope John Paul concludes: “Following Christ is the essential and primordial foundation of Christian morality.” (VS, n. 19)

Cf. Rev. Servais Pinckaers, O.P., The Sources of Christian Ethics, (Washington, D.C.: The Catholic University of America Press, 1995), p. 136: Consistent with the Pope, Pinckaers warns of the danger of a morality, “defined as the sum of obligations imposed on us by the will of God,” and emphasizes the need for a “voluntary and rational commitment, at the level of the ‘heart’ in the biblical sense of the word. This is where the virtues have their place (vices also) as stable and personal dispositions to do good.”

44 Smith, Lecture 3.

45 Ibid.

46 Ibid., quoting, Person and Community, p. 167.

in accordance with the true good.48 The divine law reveals to man

infallibly the truth about God and invites man to a relationship

of love and reconciliation with his Creator, through the saving

work of Christ. Human laws are derived from natural law precepts

and should promote the common good, as well as protect persons 47 Cf. VS, n. 54-64.

48 Cf. Summa, q. 91, a. 2. “The first direction of our acts to their end must needs be in virtue of the natural law.”

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how these types of law interrelate and complement one another for

the ultimate good of man – eternal life.

Endnotes