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                      Does human law impose an obligation 
                      in conscience on a man? 
                         
                          It seems that human law does not 
                          impose an obligation in conscience on a man (non 
                          imponat homini necessitatem in foro conscientiae): 
                        
                      Objection 1:  A lower authority 
                      (potestas) cannot impose a law on the judgment of a 
                      higher authority.  But the authority of a man who makes 
                      human law is lower than God’s authority.  Therefore, human 
                      law cannot impose a law with respect to God’s judgment, 
                      i.e., the judgment of conscience. 
                                
                      Objection 2: 
                       The judgment of conscience depends especially on God’s 
                      commands.  But sometimes God’s commands are voided by 
                      human laws—this according to Matthew 15:6 (“You have made 
                      void the commandment of God on behalf of your 
                      traditions”).  Therefore, human law does not impose an 
                      obligation in conscience on a man. 
                                
                      Objection 3:  
                      Human laws often inflict fraud and harm on men—this 
                      according to Isaiah 10:1ff: (“Woe to them who make wicked 
                      laws, and when they write, write injustice in order to 
                      oppress the poor in judgment, and do violence to the cause 
                      of the humble of my people”).  But everyone is permitted 
                      to avoid oppression and violence.  Therefore, human laws 
                      do not impose an obligation in conscience on a man. 
                                
                      But contrary to this:  
                      1 Peter 2:19 says, “It is worthy of thanks if, because of 
                      his conscience, someone endure sorrows, suffering 
                      wrongfully.” 
                                 
                          I respond:  
                          Laws that are humanly made are either just or unjust.If they are just, then they have their power to oblige 
                          in conscience from the eternal law, from which they 
                          stem—this according to Proverbs 8:15 (“By me kings reign, 
                          and lawgivers make just decrees”).  Now laws are 
                          called just on the basis of (a) their end, viz., 
                          when they ordered toward the common good, and (b) their 
                          author, viz., when a law that is made does not 
                          exceed in its scope the power of the lawmaker, and ©) 
                          their form, viz., when they impose on those subject 
                          to them proportionately equal burdens in relation to 
                          the common good.  For since a man is part of a 
                          multitude, each man is such that what he is and what 
                          he has belongs to the multitude, in the same way that 
                          any part is such that what it is belongs to the whole.  
                          This is why nature likewise inflicts a loss on the part 
                          in order to save the whole.  Accordingly, laws 
                          of this sort, which impose proportionate burdens, are 
                          just, and they bind in conscience, and they are legal 
                          laws (leges legales).
 On the other hand, there are two ways in which laws 
                          are unjust.
 First, in counterpoint to what was said above, they 
                          are unjust when they are contrary to the human 
                          good either (a) because of their end, as when 
                          the lawmaker imposes burdens on his subjects that contribute 
                          not to the common welfare but to his own greed or glory, 
                          or (b) because of their author, as when someone 
                          makes laws that go beyond the authority entrusted to 
                          him, or ©) because of their form, as, say, when 
                          burdens are distributed unequally over the multitude, 
                          even if those burdens are ordered toward the common 
                          good.  Laws of this sort are outrages (violentiae) 
                          rather than laws, since, as Augustine puts it in De 
                          Libero Arbitrio, “What is not just does not seem 
                          to be a law.”  Hence, laws of this sort do not 
                          bind in conscience (non obligant in foro conscientiae)—except 
                          perhaps in order to avoid scandal or social unrest (turbatio), 
                          because of which a man should cede his right, in accord 
                          with Matthew 5:40‑41 (“If someone forces you to 
                          go one mile, go with him another two ...... and if someone 
                          takes away your coat, give him take away thy coat, give 
                          him your cloak as well”).
 The 
                          second way in which laws can be unjust is by being contrary 
                          to the divine good, as are tyrannical laws that 
                          induce men to idolatry or anything else that is contrary 
                          to the divine law.  It is not permissible to obey 
                          such laws in any way at all, since as Acts 5:29 says, 
                          “We must obey God rather than men.”
 
                                 
                          Reply to objection 1:  
                          As the Apostle says in Romans 13:1ff, “Every human authority 
                          is from God, and so whoever resists that authority” 
                          (read: in the things that pertain to the scope 
                          of that authority) “is resisting God’s ordinance.”  
                          And, accordingly, such a man is accused by his conscience 
                          (efficiter reus quantum ad conscientiam).   Reply 
                          to objection 2:  This argument goes through 
                          in the case of human laws that are directed against 
                          a command of God’s.  The scope of the authority 
                          [of human law] does not extend this far.  Hence, 
                          in such cases one must not obey the human law. 
                        
                      Reply to objection 3:  
                      This argument goes through in the case of a law that 
                      imposes an unjust burden on those subject to it.  Again, 
                      the scope of the authority given by God does not extend 
                      this far, and so in such cases a man is not obligated to 
                      obey the law if he can resist it without giving scandal or 
                      causing some greater damage. |