Concept

of

just

and

Lex divina is not the norm of

nature but Gods will insofar

unjust law (Aquinas)

as this will is directed at

human

Types of law

behaviour

and

is

posited through written law.

It is therefore the posited

1. Lex

Divina

the

law

divine

norm

(the

revealed to man by God in

Commandments

the scripture
the posited law of God: It is

holy scriptures) aimed at

Gods will as expressed in

the

Ten

Commandments

and the holy scriptures.

from lex naturalis in that lex

divina, brought into being
by Gods will and expressed
in

the

holy

scriptures,

concerns

humans

the

achieving human beatitude

and otherworldly life.
In any case, Gods will (lex
divina)

Lex divina is distinguished

and

cannot

be

at

variance with Gods reason

(lex aeterna).
2. Lex

Humana

positive

laws

mans
which

conformed to god

is

It is human will as set out

designed to enable humans

by a sovereign who takes

to

care of the common good

otherworldly

ends

achieve

beatitude),

(it

eternal

whereas

lex

naturalis concerns human

ends

and

behaviour

on

Earth.
Lex

on earthly society.
Lex aeterna, lex divina, and
lex

naturalis

require

no

matrixes. And lex naturalis,

divina

absorbs

the

as part of lex aeterna, is

voluntaristic conception of

itself

the

matrix

natural law and fashions it

normativeness

into a new vision

humana.

of
of

the
lex

A lex humana that should

3. Lex aeterna the law of all

come to be at variance with

creation, revealing the will

lex naturalis (the other two

of

kinds of lex cannot) non erit

phenomena and to all of His

lex,

creatures

sed

legis

corruption

god

in

natural

This lex will not be a norm

a regula et mensura actuum
but rather the forgery of a

Lex aeterna is Gods own

norm, of a rule or standard

reason in as much as he is

Lex humana contains the

jus humanum that will be
jus positivum, jus civile, or
jus gentium. Lex naturalis

the

sovereign

universe

and

things

of

the

brings

all

to

their

accomplishment

contains jus naturale. Lex

divina contains jus
divinum. But when Aquinas

absorbs

turns to lex aeterna, he

natural law as cosmic law

does not speak of any jus

(so

aeternum
becausce > lex aeterna is
not properly obligatory, or

Platos

binding: It is rather more

recasts it in a new vision:

simply necessary.

Lex

the

concept

conceived

of

by

the

medieval

readers

of

Calcidius

comment

to

Timaeus)

aeterna

(the

and
eternal

is

norm) is far more than the

the

norm of natureit is Gods

sense that it is right that

own reason, which presides

the

over the whole universe and

jus

is

instead

objectively

right

types

contained
binding

of
in

per

what
in

behaviour
norms
se,

be

includes the norm of nature.

and

specifically, that they be per

se obligatory, permitted, or

Only God and the blessed

forbidden

can fully contemplate the

lex aeterna. Humans have

only a partial grasp of it.

the due action and to his or

They merely know what is

her ends.

essential to their behaviour

in their earthbound lives:
Consequently

4. Lex Naturalis - the Natural

law by which mans rights
reason can comprehend the
will and reason of god

Lex naturalis is that part of

lex aeterna that man knows
and literally takes part in
through irradiation: It is the
participation of lex aeterna
in

the

rational

creature

(participatio legis aeternae

Law (in general)

Law = "a certain ordinance

of reason
i)

for the common good

- "For the common
good": the end or

in rationali creatura)

goal of law is the

Lex naturalis is properly the
norm of nature: It is that

common good
"Consequently,

part of divine providence

since law is chiefly

and of the eternal norm that

ordained

humans

common good, any

participate

in,

whereby a human being is

other

provident

regard

for

himself,

or

to

the

precept
to

in

some

herself, and for others, and

individual

work

has a natural inclination to

must be devoid of
the nature of law,

save in so far as it

(I)

regards

universe

the

common good.
Aquinas
talks
about a law that is
unjust

as

to

Eternal

Law:

laws

---

"the

of

the

whole

community of the universe" is

governed by God who "is not
subject to time but is eternal"

its

form, and says "as

when

burdens,

(II) Divine Law: the revealed word

even if ordered to

of God (revelation) --- we need to

the common good,

be guided to our 'supernatural

are

end,"

disproportionately

inadequate to reveal it to us

imposed

on

our

reason

being

the

people"
ii)

burdens

the

community equally,

(III) Natural Law: eternal law as it

applies to us, which we know by
reason:

"The

natural

law

is

iii) made by him who has the care

promulgated by the very fact that

of the community

God instilled it into men's minds

so as to be known by them

iv) with the power to coerce

others

to

obey

it,

naturally"

and

promulgated
(IV) Human Law: created by us for
"Ordinance of reason": law

the

is created by a being with

natural law

purpose

of

implementing

reason, and must have and

end or goal

Four types of law by

Aquinas

Percept of Natural law

i)

That good is to be done

practical reason as being

and pursued, and evil is

good.

to be avoided
"whatever
the

practical

reason

naturally

2.

evil)

belongs

to

is

(naturally)
by

practical

reason as being good, then

X is a precept of natural law

the

that x ought to be pursued;

precepts of natural law as

> If X is something to

something to be done or

which man has a natural

avoided."

apprehended

apprehends as man's good

(or

If

inclination,

then

it

is

"All those things to which

precept of natural law that

man

X ought to be pursued.

has

inclination

a
are

natural
naturally

apprehended by reason as
being

good

ii)

Preserve life and ward of

its obstacles
Natural inclination which

and,

consequently, as objects of

man

pursuit, and their contraries

substances:

as

of

preservation of its own

avoidance. [...] Wherefore

being according to its

the order of the precepts of

nature"

evil

and

objects

the natural law is according

to

the

order

of

natural

iii)

shares

Reproduce

with

all
"the

and

raise

your ofspring
Natural inclination which

inclinations. "

man

shares

animals:

with

all

"sexual

intercourse, education of
ofspring, and so forth".

That is:
1. If X is something to which
man

has

inclination,

a
then

iv)

natural
X

is

(naturally) apprehended by

Pursue knowledge and

and live together in
society
Natural inclination of man
only "to know the truth

about God and to live in

society"
Negative
version
of
precept: "shun ignorance,
avoid ofending those
among whom one has to
live, and other such
things"

such acts (e.g. rape, theft,

or

mutually
and

is

cannot

concern

the

law

purports

greed

or

(private

motivations

that

vanity

make

them

tyrants, whatever the

content
(ii)

of

their

legislation), or
act outside

the

authority granted to

Unjust law and Just

revolution
If

the

common good but by

binding (rectitude) and are

for

community's

always

always known.

further

political authority
If the law-makers:
(i)
are motivated not by

on all human beings

The general principles of
are

to

very nature and rationale of

First Principles are binding

Law

law's

conditions, derived from the

conflict with each other.

All First Principles are known

Natural

But
subject

by all human beings and All

guide

obligatoriness and authority

or "General Principles" of

consistent

and of no efect
courts should not
laws.

Law are the "First Principles"

its

their adjudications by such

The four precepts of Natural

Natural Law.
They
are

infanticide),

authorization is morally void

Principle of natural law

if it purports to authorize

(iii)

them, or
while acting with a
view to the common

to

good

require actions that no-one

apportion

necessary

should ever do, it cannot

the

burdens

unfairly,

rightly be complied with;

one's moral obligation is not

their laws are unjust and

to obey but to disobey

in

the

forum

of

reasonable

conscience

unjustly risk having the bad

are not so much laws as

side-efects of being seen

acts of violence

not to comply
Tyrant = All who govern in

Such

laws

lack

moral

the interests of themselves

authority, i.e. do not bind

rather than of the common

in

good
Tyranny

conscience;

one

is

neither morally obliged to

conform

nor

morally

To

avoid

those

sorts

treating

one's subjects as slaves

obliged not to conform

entails

persons used for the benefit

of

of the master.
The laws of tyrants are not

unjust harm to public and

laws simpliciter, but rather

private good one may have

a kind of perversion of law

a moral obligation to forgo

[perversitas legis], and one

one's right(s) [iuri suo debet

is, in principle, entitled to

cedere]
This obligation is not: to

treat them as one treats a

comply

with

according
intent,

to

the
its

and/or

law

makers'
to

the

meaning it has under the

particular

legal

interpretative
Rather,

it

collateral

is

system's
canons.

kind

obligation:

of
to

avoid those acts of noncompliance

that

would

bandit's demands