Selections from Three Works. Francisco Suárez

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СКАЧАТЬ have not recognized man’s supernatural end but have dealt only with a certain felicity in this life, or rather, with a certain state conducive to passing it in peace and in justice, and have considered the subject of laws, from the standpoint of this temporal end; so that they have merely distinguished natural law from human law, which we may call ‘civil’, and to which we shall presently devote some words.10 However, since it is a doctrine of the faith that men are ordained to the supernatural end of the future life by fitting means which are to be sought after in this life, sacred theology rightly infers that this natural law is necessary for a reason vastly different [from the reason recognized by the philosophers], and that men need more laws of a positive nature than were discerned by those same philosophers.

      11. In what ways human nature may be considered, with respect to the laws which it needs. With respect to the natural law, then, it is the teaching of theology that man may be considered from the standpoints of a twofold nature and dual light of reason. The first standpoint deals with pure nature, or the substance of the rational soul, and consequently with the light of reason that is connatural to man. The second deals with the nature of grace infused into man from above, and with the divine and supernatural light of faith which rules and guides him in this life. Moreover, in accordance with these two principles, [theology] distinguishes two aspects of natural

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      law. The one is absolutely natural, [even] with respect to man. The other, although it is supernatural in its relation to man (since the whole order of grace is supernatural in that respect), may nevertheless be called natural in relation to grace. For grace also has an essence and a nature of its own, to which the infused light is connatural, and to which it is connatural not only to direct men toward righteous, good, and fitting behaviour in supernatural matters, but also to dispel darkness and errors relating to the purely natural law itself and to enjoin on the basis of a higher reason the observance of that same natural law. Two aspects of natural law, then, may be distinguished: the one purely natural; the other, supernatural in an absolute sense, but natural in a relative sense, as compared with grace. Wherefore, since the natural law even in its purely natural form is divine, its source being God, far more truly is the natural law of the divine order, a divine law. For the former [phase of natural law] is from God through the medium of nature, whence it flows as a property of nature; whereas the latter phase is [directly] from God, Who by His own action infuses grace and actual supernatural enlightenment, and Himself guides men to fulfil the commands of that law through aid supplied by a stimulating and assisting grace.

      12. Finally, both phases of this law may be termed connatural to humanity, in so far as that which is concreate with nature and has always persisted in nature may in a certain sense be called natural. For in this sense, the law of connatural grace, also, has always existed among men; since the light of faith has never been lacking in mankind as a whole, nor in the whole Church, nor have men ever been without a supernatural divine law, in the absence of which they could not have striven toward eternal beatitude. Wherefore, when the conditions of men are, as is customary, distinguished through laws—that is to say, distinguished as being [respectively] the conditions under natural law, under written law, and under grace—then, in the case of the first state, one should understand by natural law, both the law of nature alone, and that which is connatural to grace, or the law of faith. For the world could never have been entirely without this law, in accordance with the ordinary course of providence, since it has always been possible for the doers of the law to be justified by divine aid; as may be inferred from the Epistle of Paul to the Romans (Chaps. ii and iii). So,

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      also, the necessity and the utility of natural law, as explained in this latter sense, become evident; that is to say, it is necessary and useful because grace and faith have always been necessary, and the law in question is con-natural to them. [Natural law served] this purpose, too, namely: that man might have a law through the observance of which he could, by divine aid, obtain remission of sins and eternal life.

      13. What is positive law? With respect to the third division of law, the positive, it should be noted that the term ‘positive’ is applied to that law which is not inherent in nature nor in grace, but has been laid down in addition to them by an extrinsic principle endowed with power, wherefore it is called ‘positive’, having been added, as it were, to the natural law, not flowing therefrom of necessity. Thus, by some persons, it has been called ‘the posited law’ (ius positum), a point that is brought out in Connan’s Commentary on the Civil Law (Bk. I, chap. viii). Again, a remark made by Aristotle (Ethics, Bk. I, chap. ix [Bk. X, chap. ix, §12]) is suitable to the positive law thus interpreted. He says: ‘law […] is a rule, emanating from a certain wisdom and intelligence, that has compulsory force.’ For though Aristotle was referring only to human law, nevertheless, his words are in themselves comparatively general; and so also the term ‘positive law’ has a wider application than has ‘human law’.

      14. A division of positive law into divine and human. Thus the theologians deduce a third division, that of positive law into divine and human. That positive law is called divine which has been established directly by God Himself, and added to the whole body of natural law. Of human positive law, we shall speak presently. Apart from these two phases, however, there can be no other positive law relating to mankind, since there are no other legislators. For the angels have not such power over men, since it is not a part of their nature, nor has it been granted by God to them, inasmuch as11 their possession of that power has not, to our knowledge, been revealed to anyone, so that, consequently, we cannot divine [its existence].12 Accordingly, the term ‘divine law’ is here used to refer, not to

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      the law which exists within God, but to that which emanates in a special manner from Him; for it denotes, not law that has been conceived, but law that has been made known, and in this among other respects it differs from the divine law as the latter was described by Plato.

      Again, this [positive] law differs from the natural, interpreted in all its perfection as above set forth, in the fact that the natural law is not specifically added by God to nature itself, or to grace; whereas this [positive] law is specifically established and added thereto. Thus the natural law is not conferred, in itself and primarily, as a specific gift of law; rather it is conceived of as being that gift attached either to nature itself, or to faith and grace. For he who gives the form, gives also those things that are consequent upon the form. This [positive] law, on the other hand, is essentially and primarily bestowed, as a gift added to nature and to grace. Whence there has followed the custom of calling this branch simply ‘the law’ (lex), as is evident from the entire Epistle to the Romans, and from other passages of Scripture of which we shall speak presently. And therefore, the expression ‘divine law’, as such, is usually understood as referring to this [part of positive law]; and we, too, shall use the term in that sense, for the most part.

      15. From the foregoing, it is also easy to discern the necessity of that divine law.

      With respect to this point, it should be noted (lest one chance to be deceived by a verbal ambiguity) that St. Thomas (qu. 1, art. 4 [I.–II, qu. 91, art. 4]) adduces four reasons on account of which the divine law is necessary; reasons which, when attentively considered, will be found to contain proof only with respect to the divine law—whether natural or supernatural—in so far as it is connatural with grace, but not with respect to the positive supernatural law [i.e. positive divine law],13 according to the sense in which we are now speaking.

      The first of the four reasons is this: that such divine law may direct man to a supernatural end. The second, that it may aid man in natural matters

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      also, lest he err therein. The third, that it may furthermore be able to govern and order his interior acts. The fourth, that it may forbid all evil; for it is impossible that human law should do so. There is a passage in Psalms, xviii [, v. 8], too, which СКАЧАТЬ