So, then, this very inclination of sensuality which is called the fomes, in other animals has simply the nature of a law (yet only in so far as a law may be said to be in such things), by reason of a direct inclination.  But in man, it has not the nature of law in this way, rather is it a deviation from the law of reason.  But since, by the just sentence of God, man is destitute of original justice, and his reason bereft of its vigor, this impulse of sensuality, whereby he is led, in so far as it is a penalty following from the Divine law depriving man of his proper dignity, has the nature of a law.

Reply Obj. 1:  This argument considers the fomes in itself, as an incentive to evil.  It is not thus that it has the nature of a law, as stated above, but according as it results from the justice of the Divine law:  it is as though we were to say that the law allows a nobleman to be condemned to hard labor for some misdeed.

Reply Obj. 2:  This argument considers law in the light of a rule or measure:  for it is in this sense that those who deviate from the law become transgressors.  But the fomes is not a law in this respect, but by a kind of participation, as stated above.

Reply Obj. 3:  This argument considers the fomes as to its proper inclination, and not as to its origin.  And yet if the inclination of sensuality be considered as it is in other animals, thus it is ordained to the common good, namely, to the preservation of nature in the species or in the individual.  And this is in man also, in so far as sensuality is subject to reason.  But it is called fomes in so far as it strays from the order of reason. ________________________

QUESTION 92

OF THE EFFECTS OF LAW
(In Two articles)

We must now consider the effects of law; under which head there are two points of inquiry: 

(1) Whether an effect of law is to make men good?

(2) Whether the effects of law are to command, to forbid, to permit, and to punish, as the Jurist states? ________________________

FIRST ARTICLE [I-II, Q. 92, Art. 1]

Whether an Effect of Law Is to Make Men Good?

Objection 1:  It seems that it is not an effect of law to make men good.  For men are good through virtue, since virtue, as stated in Ethic. ii, 6 is “that which makes its subject good.”  But virtue is in man from God alone, because He it is Who “works it in us without us,” as we stated above (Q. 55, A. 4) in giving the definition of virtue.  Therefore the law does not make men good.

Obj. 2:  Further, Law does not profit a man unless he obeys it.  But the very fact that a man obeys a law is due to his being good.  Therefore in man goodness is presupposed to the law.  Therefore the law does not make men good.

Obj. 3:  Further, Law is ordained to the common good, as stated above (Q. 90, A. 2).  But some behave well in things regarding the community, who behave ill in things regarding themselves.  Therefore it is not the business of the law to make men good.