320. Those who have not the use of reason, either habitually (as children and the insane) or actually (as the intoxicated), may be invincibly ignorant of the Natural Law--for example, they may be unable to perceive even the difference between right and wrong. As to those who have the use of reason, they can be ignorant of the Natural Law only as follows:
(a) they cannot ever be invincibly ignorant of the most general precepts (such as "good is to be done," "evil is to be avoided"), for since they know the difference between right and wrong, they must also perceive that which is contained in the concepts of right and wrong, viz., that the former is something desirable and which ought to be done, the latter something undesirable which must not be done;
(b) one cannot, as a rule, be invincibly ignorant of those precepts that are immediately inferred as necessary conclusions from the most general precepts (such as "that which was borrowed must be returned"), for the conclusion follows so easily from the manifest principle that only in exceptional cases could one be excused for not knowing its truth;
(c) one can, even as a rule, be ignorant of precepts that are inferred as necessary but very remote conclusions from the most general precepts, (such as "that which was borrowed must be returned at such a time or place, or in such a manner or condition"), for this conclusion is so far removed from its premise, and there are so many factors to be considered, that considerable knowledge and skill in reasoning are required for a correct judgment--things in which many people are lacking.
321. The Commandments of the Decalogue follow directly from the most general precepts of the Natural Law, and so to them may be applied what was said in the previous paragraph. Hence: (a) generally speaking, no person who has the use of reason can be invincibly ignorant of the Commandments. St. Paul blames the pagans as inexcusable in various sins committed against the Decalogue; (b) in special cases, a person who has the use of reason can be invincibly ignorant of one or more Commandments; for while the Commandments may be easily inferred by most persons from the common principles of right and wrong, there are sometimes involuntary impediments that hinder the right employment of reason. Thus, children and older persons whose mentality is undeveloped, although they know the difference between right and wrong, are frequently unable to draw the conclusion that follows from it (e.g., that one should not tell lies).
322. The Commandments regarding which invincible ignorance may most easily exist are: (a) those that deal with merely internal acts, for the malice of violating them is less apparent. Hence, many theologians admit that even among Christians the wickedness of sinful thoughts and desires may be inculpably unknown, at least when the wickedness of the corresponding external acts is also not known; (b) those that deal with the control of sensuality, for the impulse to inordinate acts is at times most vehement. Unde theologi sunt qui affirmant malitiam peccatorum externorum contra s.e.xtum invincibiliter ignorari posse, non solum apud infideles, sed etiam apud Christianos, ita quod ab adolescentibus facile ad tempus ignorari possit malitia mollitiei.
323. If a Commandment be applied to some particular case in which there are many circ.u.mstances to be considered, or some reason that appears to change the subject-matter of the law, even adults who have the perfect use of reason may be invincibly ignorant; for in such instances we are considering, not an immediate, but a remote conclusion from the general principles of Natural Law.
(a) If the case is difficult relatively (i.e., in view of the training or lack of education of the person studying it), there can be invincible ignorance, at least for a time. Examples: Jepthe, according to St. Jerome, appears to have been invincibly ignorant that it was not lawful for him to slay his daughter. Being a soldier and living in a rude age, he perhaps did not appreciate the sacredness of human life.
Unlettered persons might conceivably think in good faith that it is not wrong to commit perjury in order to help one in danger, to steal in order to pay debts, to think evil if there is no intention to fulfill it, to do what the majority do or what is tolerated, etc.
(b) If the case is difficult absolutely (i.e., in view of the matter itself, which is complicated and obscure), there can be invincible ignorance, even for a long time. Thus, it is so difficult to settle many problems pertaining to justice (i.e., to the application of the Seventh Commandment) that we find professional theologians who take opposite sides, or admit that, speculatively speaking, they do not know where the truth lies.
324. The Natural Law can never be erased from the hearts of men. (a) In abnormal circ.u.mstances only, as when the general power of reasoning has been weakened or lost, can the Natural Law be forgotten. Thus, to a degenerate who becomes violently insane murder and other crimes may appear as good acts. But no community could govern itself by the standards of madmen and long survive. (b) In normal circ.u.mstances (i.e., as long as the general power of reasoning remains unimpaired), the Natural Law cannot be forgotten, as far as its general principles or immediate conclusions are concerned, although it may be overlooked or lost sight of when it is applied to particular cases, or when remote conclusions are deduced from it.
325. As long, therefore, as a body of men remain sane, even though they be uncivilized or addicted to crime, they cannot become oblivious of the Natural Law. (a) The general principles ("good is to be done,"
"evil is to be avoided") cannot vanish from the mind, although, in particular affairs, anger, pleasure, or some other pa.s.sion may prevent men from thinking about them. Thus, when the mob spirit takes hold of a crowd, it becomes intent only on violence or revenge, and gives no thought to conscience. (b) The secondary precepts, such as those contained in the Decalogue, cannot be obliterated from the mind, although in applying them to concrete situations a people may go astray.
There are many examples of laws, both ancient and modern, which permitted or commanded, for particular cases, things contrary to the current application of natural precepts. Thus, the Spartans and the Romans ordered the murder of infants who were weakly and of slaves whose master had been killed. Some ancient races encouraged robberies committed beyond the boundaries of the states, and savage tribes have been found who had the practice of putting to death parents who were aged or infirm.
326. The causes of wrong applications of the Natural Law are the following:
(a) Some causes are involuntary. Thus, the correct application may be difficult, as when more than one moral principle has to be considered and applied; or, if the case is not difficult, the person who makes the application may be mentally undeveloped, or his mind may be blinded on account of his bad education or environment. Examples: The races who saw no infamy in robbery committed against their neighbors, lived in a wild age when such acts of violence seemed necessary as measures of self-protection. The savage killed his aged parents, because to his untutored mind this seemed an act of mercy.
(b) Some causes are voluntary, such as neglect of the truth, vicious habits, etc. Examples: St. Paul blames the pagans for their idolatry, because they had darkened their own minds about G.o.d. Pirates and bandits who came to regard violence as necessary for their own defense were responsible for their state of mind, inasmuch as they had chosen a life of crime.
327. Transgression of Natural Law, therefore, is not imputable as formal sin if it is not voluntary. Hence: (a) lack of knowledge excuses, when ignorance is involuntary (e.g., those who have not the use of reason, as infants and the unconscious; children and others mentally undeveloped who cannot grasp the meaning of some precept; educated persons who are unable to get a right solution of some knotty problem of morals, etc.); (b) lack of consent excuses in whole or in part (as when one acts through fear).
Art. 3: THE POSITIVE DIVINE LAW
(_Summa Theologica_, I-II, qq. 98-108.)
328. Meaning.--The Positive Divine Law is the law added by G.o.d to the Natural Law, in order to direct the actions of man to his supernatural End, to a.s.sist him to a better observance of the Natural Law, and to perfect that which is wanting in human law.
(a) The Last End of man is not natural, but supernatural (see 20), and hence it was necessary that, in addition to the precepts which guide man towards his natural beat.i.tude, there should be added precepts that will guide him towards his supernatural beat.i.tude: "The Law of the Lord gives wisdom to little ones" (Ps. xviii. 8).
(b) The light of natural reason was sufficient to instruct man in the Natural Law, but through sin that light had become obscured, with the result that evil customs set in, and very many were at a loss how to apply the Natural Law, or applied it wrongly. Hence, it was most suitable that the Natural Law should be summed up in brief commandments and given externally by the authority of G.o.d. This was done through the Decalogue, which is a part of the Positive Divine Law of both the Mosaic and the Christian dispensations: "The testimony of the Lord is faithful" (Ps. xviii. 8).
(c) Human laws are the product of fallible human judgment; they can direct only such acts as are external, and they are unable to forbid or punish many evil deeds. Hence, it was necessary that there should be positive divine laws to supply for what is wanting in human law: "The law of the Lord is unspotted, converting souls" (Ps. xviii. 8).
329. The Positive Divine Law differs from the Natural Law as to subject-matter, permanence, and manner of promulgation.
(a) The precepts of the Natural Law are necessary, since they follow as necessary consequences from the nature of man, the precepts of the Positive Law of G.o.d, excluding those that are external promulgations of the Natural Law, are not necessary, since they follow from the free decree of G.o.d raising man to that which is above his nature.
(b) The precepts of the Natural Law are unchangeable, since the nature of man always remains the same. Of the precepts of the Positive Law of G.o.d some were changed, because given only for a time (such as the ceremonial laws of Judaism); others, absolutely speaking, could be changed, because not necessarily connected with the end G.o.d has in view (e.g., the laws concerning Sacraments).
(c) The precepts of both kinds of law are immediately from G.o.d; but the Natural Law is promulgated only in a general way, through the light of reason given to man along with his nature, while the Positive Law of G.o.d is proclaimed by special commands (e.g., "thou shalt not steal").
330. The Positive Divine Law contains two kinds of precepts, viz., natural and supernatural commandments. (a) The natural precepts were given in order to recall to the minds of men the laws knowable through reason which had become obscured through pa.s.sion, custom or example.
The Commandments given to Moses on the tablets of stone renewed the natural precepts which G.o.d had written through reason on the hearts of men. (b) The supernatural precepts were given in order to point out to men the duties their supernatural destiny imposed. Example: The precepts of faith, hope, charity.
331. Division.--There are four historical states of man with reference to his Last End, and to each of these correspond positive divine laws.
(a) The state of Original Innocence is that which existed in Paradise before the Fall. Man had been raised to the supernatural state, and hence he was obliged to the supernatural acts of faith, hope, charity, etc.; he was subject to G.o.d, both as to body and soul, and hence he was obliged to offer some kind of external sacrifice; he was sanctified immediately by G.o.d, and hence was not bound to the use of any sacraments; but he was still in a state of probation, and was subject to various special regulations, such as the commands to avoid the fruit of a certain tree, to labor in Eden, etc.
(b) The state of the Law of Nature is that which existed from the Fall to the giving of the written law through Moses. It is called the state of the Law of Nature, not in the sense that there were no supernatural precepts then in force, but in the sense that there were as yet no written precepts. In that period man knew the Natural Law, not from commandments written on tablets of stone, but from the law of reason inscribed in his heart; he knew the supernatural precepts, not from scriptures given him by G.o.d, but from tradition or special divine inspiration. In addition to the inner acts of supernatural worship and faith in the Messiah to come and the outer sacrifices, there were during this state certain rites of purification, or sacraments, by which fallen man was purified from sin. A special precept of the patriarchial times was the prohibition made to Noe against the eating of flesh with blood in it.
(c) The state of the Mosaic Law is that which existed from the giving of the law on Sinai until the giving of the New Testament law by Christ.
(d) The state of the Christian Law, or of the New Law, is that which began with Christ and the Apostles and will continue till the end of the world.
332. The Mosaic Law.--This was the special law of G.o.d to the Jews, the people chosen by G.o.d as the race from which the Saviour of the world was to come. It has two periods: the period of preparation and the period of the Law.
(a)The period of preparation for the Law began with the Promise or Covenant given to Abraham. A law is not given except to a people (see 285), and, as the peoples of the world at that time had returned to the general corruption that reigned before the Deluge, G.o.d chose Abraham to be the father of a new nation in which true religion should be preserved until the Redeemer of the world had come. The rite of circ.u.mcision was ordered as a mark of the covenant and a sacrament of remission.
(b) The period of the Law began with the promulgation of the Decalogue on Sinai. The descendants of Abraham had grown into a nation and had been freed from slavery, and they were thus ready to receive a special law. Their history thereafter shows how G.o.d trained them according to the pattern of the Mosaic Law and prepared them for the providential mission, which, through the Messiah, should be theirs, of giving to the world the perfect and universal Law of the Gospel.
333. The Excellence of the Mosaic Law.--(a) The Law was good (Rom, vii.
12): it commanded what was according to reason and forbade what was opposed to reason; it had G.o.d for its Author and prepared man for the Law of Christ. (b) The Law was imperfect (Heb., vii. 19); it was given for a time when men were spiritually but children and not ready as yet for the teaching and morality of the Gospel; it forbade sin and provided punishments, but the necessary helps for observing it came only from faith in Christ, the Author of the New Law.
334. The Subjects of the Mosaic Law.--(a) The Jewish people were bound by the Mosaic Law. G.o.d had chosen Abraham by gratuitous election to be the forefather of the Messiah, and it was by gratuitous election that He gave the Jews a Law which would lend them a special holiness befitting the promises made their race. The Jews, therefore, were bound to more things than other nations, as being the Chosen People; just as clerics are bound to more things than the laity, as being the ministers of G.o.d.
(b) The Gentiles were not bound by the laws peculiar to the Mosaic Code, but only by the common precepts, natural and supernatural, that were in force in the state of the Law of Nature. But it was permitted to Gentiles to become proselytes, that by observing Mosaic rites they might more easily and more perfectly work out their salvation.
335. The Duration of the Mosaic Law.--(a) The Law began when experience had proved that knowledge is not sufficient to make man virtuous, that is, at a time when, in spite of the Natural Law, the peoples were turning to polytheism and vice: "The Law was given on account of transgression" (Gal, iii. 19).
(b) The Law ended when experience had shown that external observance is not sufficient for holiness, that is, at the time when Judaism was degenerating into formalism, putting the letter before the spirit of the Law: "What the Law could not do, G.o.d sending His own Son, hath condemned sin in the flesh, that the justification of the Law might be fulfilled in us" (Rom., viii. 3, 4).
336. Deuteronomy, vi. 1, describes the Mosaic Law as precepts, ceremonies and judgments; and the commandments of the Old Testament can be cla.s.sified according to this threefold division. (a) The moral precepts defined the duties to G.o.d and man that arise from the dictates of reason and the Natural Law; (b) the ceremonial prescriptions were determinations of the religious duties to G.o.d contained in the moral law, and rules concerning the performance of worship based on the positive ordinance of G.o.d; (c) the judgments were determinations of social duties contained in the moral law; they were the civil or political code of the theocratic nation which had its force from the positive ordinance of G.o.d.
337. The moral precepts are contained in the Decalogue, which is a sum of the whole Natural Law, inasmuch as the general principles of the Natural Law are implicit therein in their immediate conclusions, while the remote conclusions are virtually found in the Commandments as in their principles (see 301).
338. The Decalogue expresses man"s duties: (a) towards G.o.d, viz., loyalty (First Commandment), reverence (Second), service (Third)--all of which are Laws of the First Table; (b) towards parents (Fourth), and all fellow-men, viz., that no injustice be done them by sins of deed (Fifth, Sixth, Seventh), of mouth (Eighth), or of heart (Ninth, Tenth)--all of which are Laws of the Second Table.
339. The further moral precepts which were added after the giving of the Decalogue can all be reduced to one or the other of the Ten Commandments. Examples: The prohibition against fortune-telling belongs to the First; the prohibition against perjury and false teaching, to the Second; the commandment to honor the aged, to the Fourth; the prohibition against detraction, to the Eighth.
340. The ceremonial laws, which prescribed the manner of performing the divine worship or of acting as befitted the Chosen People, and which prefigured the worship and people of the New Testament, were numerous, in order that the Jews might be more easily preserved from pagan rites and customs. The ceremonies they regulated were of four kinds: (a) the sacrifices through which G.o.d was worshipped and through which the sacrifice of Christ was prefigured (e.g., the holocausts, peace-offerings, sin-offerings); (b) the sacred times and places, things and persons set apart in order to give more dignity to divine worship and to foreshadow more distinctly the good things to come; (c) the sacraments by which the people or sacred ministers were consecrated to the worship of G.o.d and were made to prefigure Christ (e.g., circ.u.mcision and the consecration of Levites); (d) the customs which regulated the details of life so that both priests and people might act as became their special calling, and might be types and figures of the Christian people (e.g., the laws about food, dress, etc.).
341. Unlike the moral laws, which had existed before Moses as the Natural Law and which continue under the Christian dispensation, the ceremonial laws were temporary. Thus: (a) before Moses other ceremonies were observed by the patriarchs (e.g., the sacrifice of Abel, the altars of Abraham and Jacob, the priesthood of Melchisedech, etc.); (b) after the coming of Christ, distinctions of food, new moons, sabbaths, and other Mosaic ceremonies were abrogated, since the figures of future things had been superseded by rites that commemorated benefits that were present.