Summa Theologica, Part I-II (Pars Prima Secundae) eBook

This eBook from the Gutenberg Project consists of approximately 1,748 pages of information about Summa Theologica, Part I-II (Pars Prima Secundae).

Summa Theologica, Part I-II (Pars Prima Secundae) eBook

This eBook from the Gutenberg Project consists of approximately 1,748 pages of information about Summa Theologica, Part I-II (Pars Prima Secundae).

Secondly, laws may be unjust through being opposed to the Divine good:  such are the laws of tyrants inducing to idolatry, or to anything else contrary to the Divine law:  and laws of this kind must nowise be observed, because, as stated in Acts 5:29, “we ought to obey God rather than man.”

Reply Obj. 1:  As the Apostle says (Rom. 13:1, 2), all human power is from God . . . “therefore he that resisteth the power,” in matters that are within its scope, “resisteth the ordinance of God”; so that he becomes guilty according to his conscience.

Reply Obj. 2:  This argument is true of laws that are contrary to the commandments of God, which is beyond the scope of (human) power.  Wherefore in such matters human law should not be obeyed.

Reply Obj. 3:  This argument is true of a law that inflicts unjust hurt on its subjects.  The power that man holds from God does not extend to this:  wherefore neither in such matters is man bound to obey the law, provided he avoid giving scandal or inflicting a more grievous hurt. ________________________

FIFTH ARTICLE [I-II, Q. 96, Art. 5]

Whether All Are Subject to the Law?

Objection 1:  It would seem that not all are subject to the law.  For those alone are subject to a law for whom a law is made.  But the Apostle says (1 Tim. 1:9):  “The law is not made for the just man.”  Therefore the just are not subject to the law.

Obj. 2:  Further, Pope Urban says [Decretals. caus. xix, qu. 2]:  “He that is guided by a private law need not for any reason be bound by the public law.”  Now all spiritual men are led by the private law of the Holy Ghost, for they are the sons of God, of whom it is said (Rom. 8:14):  “Whosoever are led by the Spirit of God, they are the sons of God.”  Therefore not all men are subject to human law.

Obj. 3:  Further, the jurist says [Pandect.  Justin. i, ff., tit. 3, De Leg. et Senat.] that “the sovereign is exempt from the laws.”  But he that is exempt from the law is not bound thereby.  Therefore not all are subject to the law.

On the contrary, The Apostle says (Rom. 13:1):  “Let every soul be subject to the higher powers.”  But subjection to a power seems to imply subjection to the laws framed by that power.  Therefore all men should be subject to human law.

I answer that, As stated above (Q. 90, AA. 1, 2; A. 3, ad 2), the notion of law contains two things:  first, that it is a rule of human acts; secondly, that it has coercive power.  Wherefore a man may be subject to law in two ways.  First, as the regulated is subject to the regulator:  and, in this way, whoever is subject to a power, is subject to the law framed by that power.  But it may happen in two ways that one is not subject to a power.  In one way, by being altogether free from its authority:  hence the subjects of one city or kingdom are not bound by the laws of the sovereign of another city or kingdom, since they are not subject

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