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Objection 1: It would seem that there are no judicial precepts in
addition to the moral and ceremonial precepts in the Old Law. For
Augustine says (Contra Faust. vi, 2) that in the Old Law there
are "precepts concerning the life we have to lead, and precepts
regarding the life that is foreshadowed." Now the precepts of the
life we have to lead are moral precepts; and the precepts of the life
that is foreshadowed are ceremonial. Therefore besides these two kinds
of precepts we should not put any judicial precepts in the Law.
Objection 2: Further, a gloss on Ps. 118:102, "I have
not declined from Thy judgments," says, i.e. "from the rule of
life Thou hast set for me." But a rule of life belongs to the moral
precepts. Therefore the judicial precepts should not be considered as
distinct from the moral precepts.
Objection 3: Further, judgment seems to be an act of justice,
according to Ps. 93:15: "Until justice be turned into
judgment." But acts of justice, like the acts of other virtues,
belong to the moral precepts. Therefore the moral precepts include the
judicial precepts, and consequently should not be held as distinct from
them.
On the contrary, It is written (Dt. 6:1): "These are the
precepts and ceremonies, and judgments": where "precepts" stands
for "moral precepts" antonomastically. Therefore there are judicial
precepts besides moral and ceremonial precepts.
I answer that, As stated above (Articles 2,3), it belongs to
the Divine law to direct men to one another and to God. Now each of
these belongs in the abstract to the dictates of the natural law, to
which dictates the moral precepts are to be referred: yet each of them
has to be determined by Divine or human law, because naturally known
principles are universal, both in speculative and in practical
matters. Accordingly just as the determination of the universal
principle about Divine worship is effected by the ceremonial precepts,
so the determination of the general precepts of that justice which is to
be observed among men is effected by the judicial precepts.
We must therefore distinguish three kinds of precept in the Old Law;
viz. "moral" precepts, which are dictated by the natural law;
"ceremonial" precepts, which are determinations of the Divine
worship; and "judicial" precepts, which are determinations of the
justice to be maintained among men. Wherefore the Apostle (Rm.
7:12) after saying that the "Law is holy," adds that "the
commandment is just, and holy, and good": "just," in respect of
the judicial precepts; "holy," with regard to the ceremonial
precepts (since the word "sanctus"---"holy"---is applied to
that which is consecrated to God); and "good," i.e. conducive to
virtue, as to the moral precepts.
Reply to Objection 1: Both the moral and the judicial precepts aim
at the ordering of human life: and consequently they are both comprised
under one of the heads mentioned by Augustine, viz. under the
precepts of the life we have to lead.
Reply to Objection 2: Judgment denotes execution of justice, by an
application of the reason to individual cases in a determinate way.
Hence the judicial precepts have something in common with the moral
precepts, in that they are derived from reason; and something in
common with the ceremonial precepts, in that they are determinations of
general precepts. This explains why sometimes "judgments" comprise
both judicial and moral precepts, as in Dt. 5:1: "Hear, O
Israel, the ceremonies and judgments"; and sometimes judicial and
ceremonial precepts, as in Lev. 18:4: "You shall do My
judgments, and shall observe My precepts," where "precepts"
denotes moral precepts, while "judgments" refers to judicial and
ceremonial precepts.
Reply to Objection 3: The act of justice, in general, belongs to
the moral precepts; but its determination to some special kind of act
belongs to the judicial precepts.
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