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Objection 1: It would seem that not every law is derived from the
eternal law. For there is a law of the "fomes," as stated above
(Question 91, Article 6), which is not derived from that
Divine law which is the eternal law, since thereunto pertains the
"prudence of the flesh," of which the Apostle says (Rm.
8:7), that "it cannot be subject to the law of God." Therefore
not every law is derived from the eternal law.
Objection 2: Further, nothing unjust can be derived from the
eternal law, because, as stated above (Article 2, Objection
2), "the eternal law is that, according to which it is right that
all things should be most orderly." But some laws are unjust,
according to Is. 10:1: "Woe to them that make wicked laws."
Therefore not every law is derived from the eternal law.
Objection 3: Further, Augustine says (De Lib. Arb. i, 5)
that "the law which is framed for ruling the people, rightly permits
many things which are punished by Divine providence." But the type
of Divine providence is the eternal law, as stated above (Article
1). Therefore not even every good law is derived from the eternal
law.
On the contrary, Divine Wisdom says (Prov. 8:15): "By Me
kings reign, and lawgivers decree just things." But the type of
Divine Wisdom is the eternal law, as stated above (Article 1).
Therefore all laws proceed from the eternal law.
I answer that, As stated above (Question 90, Articles
1,2), the law denotes a kind of plan directing acts towards an
end. Now wherever there are movers ordained to one another, the power
of the second mover must needs be derived from the power of the first
mover; since the second mover does not move except in so far as it is
moved by the first. Wherefore we observe the same in all those who
govern, so that the plan of government is derived by secondary
governors from the governor in chief; thus the plan of what is to be
done in a state flows from the king's command to his inferior
administrators: and again in things of art the plan of whatever is to
be done by art flows from the chief craftsman to the
under-crafts-men, who work with their hands. Since then the eternal
law is the plan of government in the Chief Governor, all the plans of
government in the inferior governors must be derived from the eternal
law. But these plans of inferior governors are all other laws besides
the eternal law. Therefore all laws, in so far as they partake of
right reason, are derived from the eternal law. Hence Augustine says
(De Lib. Arb. i, 6) that "in temporal law there is nothing
just and lawful, but what man has drawn from the eternal law."
Reply to Objection 1: The "fomes" has the nature of law in man,
in so far as it is a punishment resulting from Divine justice; and in
this respect it is evident that it is derived from the eternal law.
But in so far as it denotes a proneness to sin, it is contrary to the
Divine law, and has not the nature of law, as stated above
(Question 91, Article 6).
Reply to Objection 2: Human law has the nature of law in so far as
it partakes of right reason; and it is clear that, in this respect,
it is derived from the eternal law. But in so far as it deviates from
reason, it is called an unjust law, and has the nature, not of law
but of violence. Nevertheless even an unjust law, in so far as it
retains some appearance of law, though being framed by one who is in
power, is derived from the eternal law; since all power is from the
Lord God, according to Rm. 13:1.
Reply to Objection 3: Human law is said to permit certain things,
not as approving them, but as being unable to direct them. And many
things are directed by the Divine law, which human law is unable to
direct, because more things are subject to a higher than to a lower
cause. Hence the very fact that human law does not meddle with matters
it cannot direct, comes under the ordination of the eternal law. It
would be different, were human law to sanction what the eternal law
condemns. Consequently it does not follow that human law is not
derived from the eternal law, but that it is not on a perfect equality
with it.
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