Ethics: NORMS OF HUMAN ACTS: Law and Conscience
ON MORAL LAW1
I. Definition
“Law is an ordinance of reason promulgated for the common good by one who has
charge of a society.” (St. Thomas of Aquinas)
1. Ordinance, i.e., an active and authoritative ordering of human acts in reference
to the end to be attained.
2. Ordinance of reason. Not from the caprice of the legislator. Law comes from the
will of the legislator but in the “reasonable will”2.
Qualities of a “reasonable law” (true law):
- Just
- Honest not contravening a higher law
- Possible of fulfillment
- Useful
- Relatively permanent (not whimsical)
- Promulgated (made known to those who are bound on it3)
3. Promulgated. Law must be putter in application as an authoritative ordinance
4. …for the common good4.
Law vs. precept (difference)
- According to Purpose
o A precept is an ordinance issued by the public or private authority for
the particular or private good of one or several persons. (law is for the
“common good”)
…law is not to give burden: to promote common good and to protect
true liberty of the subject. The law is liberating5 when it possesses the
qualities, when it is reasonable.6 (read p. 75, 5th line: The man who
accepts….absurdity”)
o Ergo: purpose: promote and protect freedom to reach his ultimate
(proper) end
- According to Application/binding
1
Cf. CCC 149-153, VS 35-53
2
Proper understanding of an end (useful to be attained). It serves us direction.
3
“subject”
4
Purpose of the law
5
Not enslaving
6
Make man good and liberated from wrong judgements in attaining their ultimate end.
Ethics: NORMS OF HUMAN ACTS: Law and Conscience
o Law “territorial”. Applies to subjects only while they are in a certain
place.
o Precept “personal”. Binds it subject whenever they may be.
- According to Enactment
o Law always by public authority
o Precept either by public or private authority
- According to Duration
o Law endures its force until it is repealed by the authority that
enacted it, even though the actual person who framed it be dead or
removed from the office.
o Precept ceases to bind with the preceptor’s death or removal from
the office
- Example: cf. book p. 73-74
5. …a law is promulgated in a society
- if the law is promulgated for the common7 good, it follows that it is for the
society.
- In the fullest sense, law can only exit in the perfect society. The society alone
has the full and perfect right to legislate for his subjects. 8
- “supreme and perfect society”
o State (natural order)
o Church (supernatural order)
- Therefore: in the fullest sense, human laws can come only form the state and
form the Church.
6. …by the one who has charge of the society. (author of law: lawgiver or
legislator)
- “one” = “a person” (physical9 or moral10)
- “author”= legislator one who has authority of saying what is right (therefore
has the power to enact true laws)
- Supreme lawgiver: God every authority and power comes from him
- The law comes from ordinance of reason. It has to be observed. Sanctions 11
therefore is established for the observants of law.
II. Classification
1. According to their immediate author
7
Commonality/community means society
8
Full jurisdiction
9
Single human being
10
Body of men united to form the governing power
11
Sufficiently strong to follow the prescriptions of the law
Ethics: NORMS OF HUMAN ACTS: Law and Conscience
a. Divine directly come from God12
b. Human
- Civil laws (enacted by the state)
- Ecclesiastical laws (enacted by the Church)
2. According to their duration
a. Eternal God’s plan and providence for the universe
b. Temporal all human laws are temporal although some of them gives
expression to requirements of the eternal law
3. According to their manner of promulgation
a. Natural directs creatures to their ends in accordance with their nature and
so it coincides with eternal law.
o Physical lawsthey govern irrational creatures in their being and
activities
o Moral laws apprehended by sound and matured human reason
b. Positive laws enacted by positive act of legislators13
4. According as they prescribe an act or forbid it
a. Affirmative they bind always14 but not every moment15.16
b. Negative are called prohibitory laws. they bind always and every moment
without exception in every circumstances.17
5. According to the effect of their violation
a. Moral violations’ effect: sin fault
b. Penal violation: penalty but not sin
c. Mixed violation: fault and penalty
III. Classes18
1. Eternal law
2. Natural law
3. Human Positive law19
12
Ex. 10 commandments
13
Classified already as “divine” and “human” laws. ex. Ten commandments divine positive laws; laws of church
and state: human positive laws
14
Remains constantly in effect
15
Subjects are not required to perform continuously
16
Example: hearing mass every Sunday, binding on Sunday (bind always) but only in the celebration (no every
moment)
17
Example: “You shall not kill”
18
Discussion, read p. 79-83.
19
The discussion of “Divine positive law” belongs to moral theology not to moral philosophy
