Saint Thomas Aquinas and Natural Law

Saint Thomas Aquinas (1255-1274) was a well-known Dominican priest, Christian

philosopher and spiritual theologian. He was influenced by Aristotle, Averroes, and
Maimonides and incorporated their works to his philosophy and theology. He was
considered at that time a radical thinker. After his death, he was subsequently
condemned but later canonized as a saint of the Catholic Church. The concept of
natural law reached its peak with St. Thomas Aquinas who systematically incorporated
it into Christian theology. Aquinas’s synthesis of natural law with theology was so
influential that his position was considered in the Medieval world as paradigmatic.
Law
Aquinas begins his discussion on natural law by defining the nature of law in
the Summa Theologiae (hereafter referred to as ST) as “a rule of acts, whereby man is
induced to act or is restrained from acting.” Proper laws, however, writes Aquinas,
must aim towards the “general good.” This general good, which is the goal of human
life, is happiness. Oftentimes, when we talk about the law, lawyers and judges are the
first ones whom we think of. We usually think of the Supreme Court or
our judicial system. We usually think that laws are commands and obligations that we
need to follow to live peacefully in our society. However, laws, Aquinas tells us, are
rational principles which direct us towards our end--our happiness. This means that
laws help us fulfil our own nature. It is a guide, like a teacher, for us to reach our end.
In Aquinas’ reading, then, law is like a ruler that guides, for example, a line to be
straight. We need a guide to keep walking in the path of a moral life and fulfil our
nature as created beings for happiness.
Four Types of Law
Aquinas distinguishes among four types of law. (1) Eternal law is Aquinas’ concept of
how things have been intended by God. In Aquinas’ mind, this idea of how things
should be, has the “nature of law.” The (2) natural law, on the other hand, is the way
in which human beings, as rational creatures, are positioned within this order of
things, directed toward fulfilling their nature in the order God created. Aquinas writes:
"Wherefore, since all things subject to Divine providence are ruled and measured by
the eternal law… it is evident that all things partake somewhat of the eternal law,
insofar as, namely, from its being imprinted on them, they derive their respective
inclinations to their proper acts and ends. Now, among all others, the rational creature
is subject to Divine providence in the most excellent way.… Wherefore it has a share
of the Eternal Reason, whereby it has a natural inclination to its proper act and end:
and this participation of the eternal law in the rational creature is called the natural
law.… It is therefore evident that the natural law is nothing else than the rational
creature’s participation in the eternal law (ST, 2.1.91.2)."
Then Aquinas adds the category (3) divine law. Since the eternal law is the expression
of the eternal mind of God, Aquinas tells us that it is unknowable. However, because
of God’s goodness, it was deemed that this law be revealed through natural law and
divine law. We discussed that natural law is a participation in the eternal of God
through our rationality. Divine law, on the other hand, is a law that is found not in the
natural order of things, but in Sacred Scripture and Sacred Tradition of the Church. In
the Bible, we find God’s Ten Commandments as well as the New Commandment to
love one’s neighbor and love God with all one’s heart. All these laws, Aquinas tells us,
are laws revealed to us by God that could not have been discovered by our sheer
rationality. They needed to be revealed to us by God. Hence, they are called “revealed
truths” in the Christian language.
Finally, Aquinas believes that (4) human law relies on natural law for its justification
and authority. What he means by this is that while human law may add various
requirements in specifics such as taxation and other civil regulations, it may not
“subtract” from the primary principles of natural law. These principles are expressed
as follows, “good is to be done and pursued, and evil is to be avoided” (ST,
2.1.92.2). Aquinas, then, develops from these principles other precepts, including the
duty of self-preservation, procreation and education of offspring, seeking knowledge
of God, living in society, and avoiding offending others. Human laws, therefore, are
subject to a comparative test with natural law for their justification and authority. If
they conflict with natural law, they are not just, and not true law. Aquinas writes:

"Now in human affairs a thing is said to be just, from being right, according to the rule
of reason. But the first rule of reason is the law of nature, as is clear from what has
been stated above. … Consequently every human law has just so much of the nature
of law, as it is derived from the law of nature. But if in any point it deflects from the
law of nature, it is no longer a law but a perversion of law (ST, 2.1.95.2)."
Human laws, then, must be made through a conscious effort of the lawmakers that
they be in line with natural law and for the common good. In our country, the most
evident example is the 1987 Constitution. In its preamble, it implores the aid of God
“in order to build a just and humane society and establish a Government that shall
embody our ideals and aspirations, promote the common good, conserve and develop
our patrimony, and secure to ourselves and our posterity the blessings of
independence and democracy under the rule of law and a regime of truth, justice,
freedom, love, equality, and peace, do ordain and promulgate this Constitution.”

Primary and Secondary Principles

As Aquinas sees it, natural law is the way in which human beings participate in the
eternal law by fulfilling their natural ends. Aquinas also believes that the natural law is
“imprinted” on us so that we have certain inclinations or tendencies toward our
ends. It is our rational capacity that guides us to that end by choosing to follow these
imprinted inclinations. Natural law, then, is objective, grounded on human nature, and
dependent on God as its ultimate source.
However, there is no simplistic expression of natural law. For instance, the question of
whether the natural law may be changed, Aquinas distinguishes between adding to
and subtracting from the requirements of natural law and also between primary and
secondary principles of natural law. Adding to what the natural law requires, Aquinas
writes, is not a problem “since many things for the benefit of human life have been
added over and above the natural law, both by the Divine law and human laws” (ST,
2.1.94.5). Subtracting from the natural law, however, depends on what level of
principle we are considering. The primary principles, such as the precept of pursuing
good and avoiding evil and the precepts of self-preservation, and so on, cannot be
changed. The secondary principles, however, may be changed in some particular
cases.
This added complexity demands that it is incumbent upon people, especially law
makers, to use their reason to determine what is and is not permissible according to
the secondary principles. Let us take, as an example, the pursuit of procreation. It
might seem natural, as indicated by various cultures, for men to have multiple wives.
Yet, the tradition of the Church is monogamy. How do we decide this question?
Aquinas argues that marriage has the primary end of producing and raising children,
but also a secondary end of social function within the community:
"Accordingly plurality of wives neither wholly destroys nor in any way hinders the first
end of marriage, since one man is sufficient to get children of several wives. … But
though it does not destroy the second end, it hinders it considerably for there cannot
be peace in a family where several wives are joined to one husband, since one
husband cannot suffice to satisfy the requisitions of several wives… (ST, 3.65.1)."
Thus, in Aquinas’ reading of natural law, conjugal act, that is, the sexual union
between the man and the woman, without the intention of producing children may
never be permitted but a plurality of wives might be permitted if the material
resources of the husband and culture made it workable. It is important that we take
into account the commandment of the Bible that men may only take one wife as their
partner for life indicates the primacy of the divine law over the natural law.
In this module we discussed the concept of natural law as St. Thomas Aquinas
understood it. Although the history of natural law goes back to ancient times, it was
Aquinas who systematized it and incorporated it to Christian theology. Since then, the
Thomistic interpretation of natural law influenced international laws particularly
Human Rights reflection. Furthermore, we learned that there are four laws as Aquinas
understood it. Eternal law emanates from the mind of God and is unknowable to
us. The Eternal law of God may be found in both the natural and divine laws. The
natural law is discovered by reason and our end or goal, which is ultimately our
happiness, is to follow this law manifested in the principles of the preservation of life
and avoidance of evil. These precepts may never be changed as they are objective
and universal. Divine law, on the other hand, are laws found in both the Bible
and the Sacred Tradition. They are laws that human reason cannot possibly
discover, hence, can only be revealed by God. Lastly, we discussed human laws which
ideally are supposed to conform to natural laws. When human laws are in perfect
harmony with natural law, we are required to follow them. If they are not, we are
required to dissent and, in some cases, to revolt against them. Lastly, we discussed
primary and secondary principles of natural law. Primary principles may never be
changed while secondary principles can be changed in some cases.