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 XCV.

OF HUMAN LAW.

Article I.—Was there any use in laws being enacted by men?

R. Man has a certain innate aptitude for virtue, but the perfection of virtue must accrue to him by discipline and training: as we see that he is aided by industry in his necessities, notably in food and clothing. Nature has given him the beginnings of the satisfaction of his wants in these respects, in giving him reason and a pair of hands; but not complete satisfaction, as to other animals, to whom she has given in sufficiency clothing and food. For the purposes of this training and discipline it is not easy to find a man who suffices for himself: because the perfection of virtue principally consists in withdrawing man from undue pleasures, to which all men are prone, and especially the young, with whom discipline goes further. And therefore one man must receive from another this training and discipline whereby virtue is arrived at. Now for those young people who are prone to acts of virtue by a good natural disposition, or by custom, or rather by the gift of Heaven, the paternal discipline suffices, which is by admonitions. But because of wanton and saucy spirits, prone to vice, who cannot easily be moved by words, it was found necessary to provide means of restraining them from evil by force and fear, that so at least they might desist from evil-doing, allow others to live in quiet, and themselves at length be brought by habituation of this sort to do willingly what formerly they accomplished out of fear, and thus might become virtuous. This discipline, coercive by fear of punishment, is the discipline of the laws.

§ 2. The Philosopher says: “It is better for all things to be regulated by law than to be left to the judges’ discretion;” and that for three reasons. First, because it is easier to find a few wise men capable of framing right laws, than to find the many who would be requisite to judge rightly of particular cases. Secondly, because the framers of laws consider long beforehand what is to be enacted: but judgments are framed on particular facts from cases that have arisen on a sudden. Now it is easier to see what is right from the consideration of many instances than from one only. Thirdly, because lawgivers judge in the general and with an eye to futurity: but men sitting in judgment judge of the present, which they regard with love or hate or other passion; and thus their judgment is warped.

Article II.—Is every law framed by man derived from the natural law?

R. Every law framed by man bears the character of a law exactly to that extent to which it is derived from the law of nature. But if on any point it is in conflict with the law of nature, it at once ceases to be a law: it is a mere perversion of law. But there are two modes of derivation from the law of nature. Some enactments are derived by way of conclusion from the common principles of the law of nature; as the prohibition of killing may be derived from the prohibition of doing harm to any man. Other enactments are derived by way of determination of what was in the vague: for instance, the law of nature has it that he who does wrong should be punished; but that he should be punished with this or that punishment, is a determination of the law of nature. Both sort of enactments are found in human law. But the former are not mere legal enactments, but have some force also of natural law. The latter sort have force of human law only.