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                      Does every law stem from the eternal 
                      law? 
                         
                           It seems that not every law flows 
                          from (derivatur) the eternal law: 
                                
                      Objection 1:  
                      As was explained above (q. 91, a. 6), there is a certain 
                      law of the stimulant to sin (lex fomitis).  But 
                      this law does not flow from God’s law, i.e., the eternal 
                      law, since it involves the “prudence of the flesh,” about 
                      which the Apostle says in Romans 8:7 that “it is not 
                      subject to the law of God.”  Therefore, not every law 
                      flows from the eternal law. 
                                
                      Objection 2:  
                      Nothing wicked can proceed from the eternal law, since, as 
                      has been explained (a. 2), “the eternal law is that by 
                      which it is fitting for all things to be very well 
                      ordered.”  But some laws are wicked—this according to 
                      Isaiah 10:1 (“Woe to those who make wicked laws”).  
                      Therefore, not every law proceeds (procedit) from 
                      the eternal law. 
                                
                      Objection 3:  
                      In De Libero Arbitrio 1 Augustine says, “Law 
                      written in order to rule the people correctly permits many 
                      things that are avenged through God’s providence.”  But as 
                      has been explained (a. 1), the plan (ratio) of 
                      divine providence is the eternal law.  Therefore, not even 
                      all the upright laws proceed from the eternal law. 
                                
                      But contrary to this:  
                      In Proverbs 8:15 God’s wisdom says, “By me kings reign, 
                      and lawgivers decree just things.”  But as has been 
                      explained (a. 1), the plan of God’s wisdom is the eternal 
                      law.   Therefore, all laws proceed from the eternal law. 
                                 
                          I respond:  
                          As was explained above (q. 90, a. 1‑2), ‘law’ 
                          implies a certain plan that directs acts to their end.  
                          Now in every case involving ordered movers, the power 
                          of a secondary mover flows from the power of the first 
                          mover, since a secondary mover moves only insofar as 
                          it is moved by the first mover.  Hence, we see 
                          the same thing in the case of all those who govern as 
                          well, viz., that the plan of governance flows from the 
                          first governor to the secondary governors.  For 
                          instance, the plan of things to be done in a city flows 
                          by way of command (per praeceptum) from the king 
                          to the lower administrators.  In the case of artifacts, 
                          too, the plan for the acts involved in making the artifacts 
                          flows from the architect to the lower craftsmen who 
                          work by hand.Therefore, since 
                          the eternal law is the plan of governance that exists 
                          in the highest governor, all the plans of governance 
                          found in the lower governors must flow from the eternal 
                          law.  Now these plans of the lower governors consist 
                          in all the kinds of law besides eternal law.  Hence, 
                          all laws flow from the eternal law to the extent that 
                          they participate in right reason.  This is why 
                          Augustine says in De Libero Arbitrio 1, “There 
                          is nothing just or legitimate in temporal law except 
                          what men have drawn from the eternal law.”
 
                                
                      Reply to objection 1:  
                      The stimulant to sin (fomes) has the character of 
                      law in man to the extent that it is a punishment that 
                      follows upon God’s justice, and on this score it clearly 
                      flows from the eternal law.  However, as is clear from 
                      what was said above (q. 91, a. 6), to the extent that the 
                      stimulant inclines one toward sin, it is contrary to God’s 
                      law and does not have the character of law. 
                                 
                          Reply to objection 2:  
                          Human law has the character of law to the extent that 
                          it is in accord with right reason and, so understood, 
                          it clearly flows from the eternal law.However, 
                          to the extent that human law departs from reason, it 
                          is called ‘unjust law’ (lex iniqua) and has the 
                          character not of law but of a certain sort of violence.  
                          Yet to the extent that some likeness to law is preserved 
                          in this unjust law because it is ordained by the power 
                          of a lawmaker, in this respect it, too, flows from the 
                          eternal law.  For as Romans 13:1 says, “All power 
                          is from the Lord God.”
 
                        
                      Reply to objection 3:  
                      Human law is said to permit certain things not in the 
                      sense that it approves of them, but rather in the sense 
                      that it is incapable of directing them.  However, there 
                      are many things directed by God’s law that cannot be 
                      directed by human law, since there are more things subject 
                      to a higher cause than to a lower cause.  Hence, the very 
                      fact that human law does not intrude into matters that it 
                      cannot direct stems from the order of eternal law.  (It 
                      would be different if human law were to approve of things 
                      that the eternal law condemns.)  Thus, it does not follow 
                      from this that human law does not flow from the eternal 
                      law; rather, all that follows is that human law does not 
                      perfectly measure up to the eternal law. |