| Should 
                          human law be made in a general way or for particular 
                          cases instead?  
                             
                          It seems that human law should not 
                          be made in a general way (non debeat poni in communi), 
                          but should be made for particular cases instead (sed 
                          magis in particulari):  
                             
                          Objection 1:  In Ethics 
                          5 the Philosopher says, “Legal justice consists in everything 
                          that is posited by law for individual cases, as well 
                          as decrees,” which are likewise particular, since decrees 
                          are issued for particular actions.  Therefore, 
                          law is made not only in a general way, but also for 
                          particular cases.  
                                   
                            
                          Objection 2:  
                          As was explained above (q. 90, a. 1‑2), the law 
                          directs human acts.  But human acts are particulars.  
                          Therefore, human laws should not be made in a general 
                          way, but should be made for particular cases instead.  
                                   
                            
                          Objection 3:  
                          As was explained above (q. 90, a. 1-2), law is 
                          a rule and measure of human acts.  But as Metaphysics 
                          10 puts it, a measure should be fixed with certitude 
                          (certissima).  Therefore, since in human 
                          acts there is nothing general that is fixed to such 
                          an extent that it does not fail in some particular instances, 
                          it seems necessary for laws to be made for particular 
                          instances instead of being formulated in a general way.  
                                   
                            
                          But contrary to this:  
                          The Legal Expert says, “Laws have to be made for situations 
                          that come up very frequently, but laws are not made 
                          for situations that can come up perhaps only once.”  
                                   
                            
                          I respond:  
                          If something exists for the sake of an end, then it 
                          must be proportioned to that end.  Now the end 
                          of law is the common good, since, as Isidore says in 
                          Etymologia, “Law must be written for no one’s 
                          private advantage, but for the general welfare of the 
                          citizens.”  But the common good is built up out 
                          of many things.  And so the law must take into 
                          consideration a multiplicity of persons, actions, and 
                          times.  For a civil community is composed of many 
                          persons, and its good is procured through a multiplicity 
                          of actions, and it is instituted not just to endure 
                          for a brief time, but to last for all time through a 
                          succession of citizens, as Augustine puts it in De 
                          Civitate Dei 12.  
                                   
                            
                          Reply to objection 1:  
                          In Ethics 5 the Philosopher posits three parts 
                          of legal justice, i.e., positive law.Some laws are made in an absolutely general way, and 
                          these are the general laws (leges communes).  
                          It is with respect to laws of this sort that he says 
                          that what is legally just is such that at the beginning 
                          it does not matter whether it is this way or some other 
                          way, but that it does matter once the law is made—e.g., 
                          that prisoners should be ransomed for such‑and‑such 
                          a mandated price.
 On the other hand, there are certain laws that are general 
                          in one respect and particular in another respect.  
                          Laws of this sort are called privileges (privilegia)—private 
                          laws (privatae leges), as it were—since they 
                          have to do with particular persons; and yet they are 
                          such that their force extends to many actions.  
                          It is in this connection that he adds, “..... everything 
                          that is posited by law for particular cases.”
 Again, certain things are called legal not because they 
                          are laws but because they involve the application of 
                          general laws to particular cases—for instance, decrees 
                          (sententiae), which are treated as laws.  
                          It is in this connection that he adds, “and also decrees.”
  
                                   
                            
                          Reply to objection 2:  
                          That which directs must direct a plurality of things.  
                          This is why in Metaphysics 10 the Philosopher 
                          says that everything belonging to a given genus is measured 
                          by some one thing that is first in that genus.  
                          For if there were as many rules and measures as there 
                          are things ruled and measured, then rules and measures 
                          would cease to be useful, since their usefulness consists 
                          in making it possible for many things to be understood 
                          on the basis of some one thing.  Likewise, a law 
                          would not be useful if it did not extend beyond some 
                          one particular act.  For as was explained above 
                          (q. 92, a. 2), it is the particular precepts of 
                          prudent men that are given for the purpose of 
                          directing particular acts, whereas a  law 
                          is a general precept.  
                             
                          Reply to objection 3:  
                          As Ethics 1 says, we should not seek the same 
                          sort of certitude in all things.  Hence, in contingent 
                          matters such as natural and human affairs, the certitude 
                          that something is true in most cases is sufficient, 
                          even if there if a few exceptions occur now and then. |