Philosophy 10

SH1617
Kinds of Laws
Introduction
According to Aquinas, everything in the terrestrial world is created by God and endowed with
a certain nature that defines what each sort of being is in its essence. A thing's nature is detectable not
only in its external appearance, but also and more importantly through the natural inclinations which
guide it to behave in conformity with the particular nature it has.
As Aquinas argues, God's authorship and active role in prescribing and sustaining the various
natures included in creation may rightfully be called a law. After defining law as "an ordinance of
reason for the common good, made by someone who has care of the community, and promulgated.,
Aquinas explains that the entire universe is governed by the supreme lawgiver par excellence:
"Granted that the world is ruled by Divine Providence...the whole community of the universe is
governed by Divine Reason."
Ordinance of reason suggests that the means of the law must be based on the insight of reason
into value. A law must be reasonable because it serves as a guide to promote what is right. Each law
has a purpose, rather than being a caprice. The common good implies that the goal of the law must be
for the good of the community on which it is imposed. A law helps not only in improving the society
but also in assuring the betterment of individuals within the society. The phrase by the person who
takes charge of the community underscores the fact that ordinances carry the force of law only if they
are imposed by competent or correct authority. Lastly, a law must be promulgated or made known to
all through an official publication.
Natural Law
The term natural law refers to moral insights people are capable of knowing by means of
their reason, and independently of the verbal revelation of God. The word natural here means 1) not
supernatural, i.e., not communicated in a supernatural way, 2) not positive, i.e., not emanating from
the command of a legislative authority, as in positive human and divine law, and 3) found in and
derived from the nature of a person. These explanations show that the doctrine of natural law deals
with the question of natural ethics as a whole. Natural law, moral law of nature, natural moral law,
natural ethics, and natural morality are all synonymous.
Natural law has three (3) essential characteristics:
1. Universality Natural law is universal. Its primary principles are self-evident such that it
is for all individuals with fully developed reason to have an invincible ignorance of them.
2. Unity and Invariability Natural law is one and the same for all. All classes of people
possess equal moral dignity as persons; hence, they possess equal basic rights.
3. Immutability Natural law is immutable. This means that there cannot be any change in
whatever is fundamentally good or evil.
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SH1617
Divine or Eternal Law

According to St. Thomas Aquinas, eternal law is the plan flowing from Gods wisdom, which
directs all actions and movements. For St. Augustine, eternal law is the divine reason and/or the will
of God Himself commanding the preservation of the natural law and forbidding its disturbance. People
discover the divine law in:
1. Physical laws, which rule both non-rational and rational creatures, e.g. the law of gravity,
the law of relativity, and the law of aging;
2. Biological laws, which govern the development of living things, e.g., the digestive system,
and predictable patterns of growth;
3. Mathematical laws, which govern abstract quantity; and
4. Natural law, which is the participation of the eternal law in the rational creature.
By learning and following these laws, we gain freedom. But it is always tied up with obedience
to the law of God, and there is no such thing as freedom from these laws. Instead, there is only
freedom within these laws. Each new law learned increases our freedom. For example, learning the
laws surrounding our physical bodies allows us to conquer diseases.
Moral Law
It governs wo/mans behavior. It also contains truths and ethical principles which guide
peoples conduct on matters of right and wrong. It tells one how to act in relation to God and other
individuals. It prescribes norms of conduct for ones good and happiness, and specifies what a person
ought or ought not to do in order to lead one to the highest good and absolute endGod. Every genuine
moral law must be good and holy. In this sense, it must guide human activity to contribute to the
realization of the final goal of human history and of creation, and to prevent it from obstructing the
attainment of this end.
Human Law
The treatise of human law deals with the juridical order of society, be it of the state or of the
Church (or similar religious bodies, insofar as this order is determined by laws enacted for the common
good. It is not necessary that this law be a written code. It may consist of unwritten, legal traditions
and customs, especially in primitive societies. Human law is a directive of obligatory, general and
stable character for the common good promulgated by one who is in charge of a sovereign society.
These are the characteristics of human law:
1.
2.
3.
4.
5.
It is enforceable.
It is concerned with external conduct only.
It is limited to particular groups of people.
It is historically conditioned.
It has a presumptive obligatory foce.
References:
Esteban T. Salibay, J. (2013). Christian Morality. Quezon City: C & E Publishing, Inc.
Koritansky, P. (2015). Thomas Aquinas: Political Philosophy. Retrieved from Internet Encyclopedia
of Philosophy: http://www.iep.utm.edu/aqui-pol/
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