The Online Library of Liberty

A project of Liberty Fund, Inc.

• Preface.
• Aquinas Ethicus, Or the Moral Teaching of St. Thomas. a Translation of the Principal Portions of the Second Part of the Summa Theologica, With Notes.: First Division of the Second Part, Commonly Called Prima Secundæ.
• Question I.: Of the Last End of Man In General.
• Question II.: Of the Object In Which Man’s Happiness Consists.
• Question III.: What Is Happiness?
• Question IV.: Of Things Requisite For Happiness.
• Question V.: Of the Attainment of Happiness.
• Question VI.: Of the Voluntary and the Involuntary.
• Question VII.: Of the Circumstances of Human Acts.
• Question VIII.: Of the Will and Its Objects.
• Question XII.: Of Intention.
• Question XIII.: Of Election, Or Choice of Means.
• Question XVIII.: Of the Good Or Evil of Human Acts In General.
• Question XIX.: Of the Good and Evil of the Interior Act of the Will.
• Question XX.: Of the Good and Evil of Exterior Human Acts.
• Question XXI.: Of the Properties Consequent Upon Human Acts Considered As Good Or Evil.
• Question XXII.: Of the Subject of the Passions.
• Question XXIII.: Of the Difference of Passions One From Another.
• Question XXIV.: Of Good and Evil In Passions.
• Question XXVI.: Of Love.
• Question XXVII.: Of the Cause of Love.
• Question XXVIII.: Of the Effects of Love.
• Question XXIX.: Of Hatred.
• Question XXX.: Of Desire.
• Question XXXI.: Of Delight, Or Pleasure.
• Question XXXII.: Of the Cause of Pleasure.
• Question XXXIII.: Of the Effects of Pleasure.
• Question XXXIV.: Of Good and Evil In Pleasures.
• Question XXXV.: Of Pain and Sorrow In Themselves.
• Question XXXVI.: Of the Causes of Pain.
• Question XXXVIII.: Of Remedies For Sorrow Or Pain.
• Question XXXIX.: Of the Good and Evil of Sorrow Or Pain.
• Question Xl.: of Hope.
• Question Xli.: of Fear In Itself.
• Question Xlii.: of the Object of Fear.
• Question Xliv.: of the Effects of Fear.
• Question Xlv.: of Fiery Daring.
• Question Xlvi.: of Anger As It Is In Itself.
• Question Xlvii.: of the Efficient Cause of Anger.
• Question Xlviii.: of the Effects of Anger.
• Question Xlix.: of Habits In General.
• Question L.: of the Subject of Habits.
• Question Li.: of the Generating Cause of Habits.
• Question Lii.: of the Increase of Habits.
• Question Liii.: of the Destruction and Diminution of Habits.
• Question Lv.: of Virtues In Their Essence.
• Question Lvi.: of the Subject of Virtue.
• Question Lvii.: of the Various Intellectual Virtues.
• Question Lviii.: of the Distinction of Moral Virtues From Intellectual.
• Question Lix.: of Moral Virtues In Their Relation to the Passions.
• Question Lxi.: of the Cardinal Virtues.
• Question Lxii.: of the Theological Virtues.
• Question Lxiii.: of the Cause of Virtues.
• Question Lxiv.: of the Mean of Virtues.
• Question Lxv.: of the Connexion of Virtue With Virtue.
• Question Lxxi.: of Vices and Sins In Themselves.
• Question Lxxii.: of the Distinction Between Sin and Sin.
• Question Lxxiii.: of the Comparison of Sin With Sin.
• Question Lxxiv.: of the Subject of Sins.
• Question Lxxv.: of the Causes of Sin In General.
• Question Lxxvi.: of the Causes of Sin In Particular.
• Question Lxxvii.: of the Cause of Sin On the Part of the Sensitive Appetite.
• Question Lxxviii.: of Malice As a Cause of Sin.
• Question Lxxxiv.: of One Sin Being the Cause of Another Sin.
• Question Lxxxvi.: of the Stain of Sin.
• Question Lxxxvii.: of Liability to Punishment.
• Question Lxxxviii.: of Venial and Mortal Sin.
• Question XC.: Of Laws.
• Question XCI.: Of the Variety of Laws.
• Question XCII.: Of the Effects of Law.
• Question XCIII.: Of the Eternal Law.
• Question XCIV.: Of the Natural Law.
• Question XCV.: Of Human Law.
• Question XCVI.: Of the Authority of Human Law.
• Question XCVII.: Of Change of Laws.
• Question C.: Of the Moral Precepts of the Old Law.
• Second Division, Or Secunda Secundæ.
• Question I.: Of Faith.
• Question II.: Of the Act of Faith.
• Question III.: Of the Exterior Act of Faith.
• Question IV.: Of the Virtue of Faith.
• Question V.: Of Persons Having Faith.
• Question VI.: Of the Cause of Faith.
• Question X.: Of Unbelief In General.
• Question XI.: Of Heresy.
• Question XII.: Of Apostasy.
• Question XIII.: Of the Sin of Blasphemy.
• Question XVII.: Of Hope.
• Question XVIII.: Of the Subject of Hope.
• Question XIX.: Of the Gift of Fear.
• Question XX.: Of Despair.
• Question XXI.: Of Presumption.
• Question XXIII.: Of Charity In Itself.
• Question XXIV.: Of the Subject of Charity.
• Question XXV.: Of the Object of Charity.
• Question XXVI.: Of the Order to Be Observed In Charity.
• Question XXVII.: Of the Principal Act of Charity, Which Is Love.
• Question XXVIII.: Of Joy.
• Question XXIX.: Of Peace.
• Question XXXI.: Of Doing Good to Others.
• Question XXXII.: Of Almsgiving.
• Question XXXIII.: Of Fraternal Correction.
• Question XXXIV.: Of Hatred.
• Question XXXV.: Of Sloth.
• Question XXXVI.: Of Envy.
• Question XXXVII.: Of Discord.
• Question Xl.: of War.
• Question Xli.: of Assault and Battery.
• Question Xlii.: of Sedition.
• Question Xliii.: of Scandal.
• Question Xliv.: of the Precepts of Charity. [st. Matt. XXII. 36—40.]
• Question Xlvi.: of Stupidity.

QUESTION XC.

OF LAWS.1

Article I.—Is law a function of reason?

R. A law is a rule and measure of acts, whereby one is induced to act or is restrained from action. Now the rule and measure of human acts is reason: it being the part of reason to direct to the end, which is the first principle of conduct. Hence a law must be some function of reason.

Article II.—Is law always directed to the general good?

R. As reason is the principle of human acts, so in reason itself there is something which acts as a principle or mainspring in regard of all the rest; and upon this something law must mainly and chiefly bear. Now in matters of conduct, which are the domain of practical reason, the prime mainspring is the last end in view; and that is happiness. Hence law must especially regard the order that is to be followed in the attainment of happiness.

Again, seeing that every part is referred to the whole as the imperfect to the perfect, and one man is a part of a perfect community, it needs must be that law peculiarly regards the order that is to be followed in view of the general happiness.

Since the name of law denotes something bearing upon the general good; every other precept prescribing a particular work lacks the character of law, except inasmuch as it is referred to the general good of the community.

Article III.—Has the reason of any and every man the power of making laws?

R. Law properly regards first and foremost the order that is to be taken towards the general good. Now to order anything towards the general good belongs either to the whole people, or to some one who is the vicegerent of the whole people. And therefore the framing of a law either belongs to the whole people or belongs to a public personage who has care of the whole people: because in all other things also the ordering of means to the end belongs to him to whom the end belongs as his special concern.

§ 1. To the text, “These are a law to themselves,”1 it is to be said that a law is in a person, not only as in one regulating, but also by participation as in one regulated. In this latter way every man is a law to himself, inasmuch as he participates in the direction given by one who regulates him. Hence it is added in the same text: “Who show the work of the law written in their hearts.”

§ 2. A private person cannot induce another to virtue efficaciously: for he can only admonish; but if his admonition is not received, he has no coercive power, which the law must have, if it is to induce people to virtue efficaciously. This coercive power is held by the multitude, or by a public personage, to whom it belongs to inflict penalties; and therefore it is for the holder of this power alone to make laws.

§ 3. As the individual is part of the household, so the household is part of the State; and the State is a perfect community. And therefore, as the good of one individual is not the last end, but is directed to the general good, so also the good of one single household is directed to the good of one single State, which is a perfect community. Hence he who governs a family, may make regulations or standing orders, not however such as to have the character of law.

Article IV.—Is promulgation of the essence of law?

R. A law is imposed on others by way of a rule and measure. Now a rule and measure is imposed by its application to the subjects ruled and measured. Hence, for a law to have the binding force which is proper to a law, it must be applied to the men who are to be regulated by it. Such application is made by the law being brought under their notice by promulgation. Hence promulgation is necessary for the law to have force.

And thus from the four preceding articles may be gathered the definition of a law, which is nothing else than an ordinance of reason for the general good, emanating from him who has the care of the community, and promulgated.

[1 ]For the definition of law, see Ethics and Natural Law, pp. 126—128. (Trl.)

[1 ]Romans ii 14.