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Academy Resources Glossary of Philosophical Terms Timeline of Philosophy A Timeline of American Philosophy Diagram: Development of Philosophic Thought Diagram: Divisions of Philosophy The Philosophy Resource Center The Religion Resource Center Books about Political Philosophy in The Radical Academy Bookstore Books about Philosophy in The Radical Academy Bookstore Books about Religion in The Radical Academy Bookstore Click Here for New & Used College Textbooks at Discount Prices Click Here for College Education Information & Study Resources Shop Amazon Stores in the Radical Academy Bookstore Magazine Outlet Music Store Classical Music Store Video Store DVD Store Computer Store Camera & Photo Store Computer/Video Games Software Store Musical Instruments Outlet Store Cellular Phones Toys & Games Tools & Hardware Automotive Store Outdoor Living Consumer Electronics Home & Garden Kitchen & Housewares Baby Superstore Apparel & Accessories Gourmet Food Grocery Store Sporting Goods Jewelry & Watches Health & Personal Care Beauty Store		Whether Human Law Should Be Changed in Any Way by Thomas Aquinas [Note that when the term "the Philosopher" is used by Aquinas, he is referring to Aristotle.]   We proceed thus to the First Article: It would seem that human law should not be changed in any way at all. Objection 1: For human law is derived from the natural .... But the natural law endures unchangeably. Therefore human law should also remain without any change. Objection 2: Further, as the Philosopher says, a measure should be absolutely stable. But human law is the measure of human acts .... Therefore it should remain without change. Objection 3: Further, it is of the essence of law to be just and right .... But that which is right once is right always. Therefore that which is law once should be always law. On the contrary, Augustine says: "A temporal law, however just, may be justly changed in course of time." I answer that, ... human law is a dictate of reason, by which human acts are directed. Thus there may be two causes for the just change of human law: one on the part of reason; the other on the part of man whose acts are regulated by law. The cause on the part of reason is that it seems natural to human reason to advance gradually from the imperfect to the perfect. Hence, in speculative sciences, we see that the teaching of the early philosophers was imperfect, and that it was afterwards perfected by those who succeeded them. So also in practical matters. For those who first endeavored to discover something useful for the human community, not being able by themselves to take everything into consideration, set up certain institutions which were deficient in many ways; and these were changed by subsequent lawgivers who made institutions that might prove less frequently deficient in respect of the common weal. On the part of man, whose acts are regulated by law, the law can be rightly changed on account of the changed condition of man, to whom different things are expedient according to the difference of his condition. An example is proposed by Augustine: "If the people have a sense of moderation and responsibility, and are most careful guardians of the common weal, it is right to enact a law allowing such a people to choose their own magistrates for the government of the commonwealth. But if, as time goes on, the same people become so corrupt as to sell their votes, and entrust the government to scoundrels and criminals, then the right of appointing their public officials is rightly forfeit to such a people, and the choice devolves to a few good men." Reply Obj. 1: The natural law is a participation of the eternal law ..., and therefore endures without change, owing to the unchangeableness and perfection of the Divine Reason, the Author of nature. But the reason of man is changeable and imperfect, and therefore his law is subject to change. Moreover the natural law contains certain universal precepts, which are everlasting, while human law contains certain particular precepts, according to various emergencies. Reply Obj. 2: A measure should be as enduring as possible. But nothing can be absolutely unchangeable in things that are subject to change. And therefore human law cannot be altogether unchangeable. Reply Obj. 3: In corporal things, right is predicated absolutely, and therefore, as far as itself is concerned, always remains right. But right is predicated of law with reference to the common weal, to which one and the same thing is not always adapted .... Therefore rectitude of this kind is subject to change. Excerpted from Treatise on Law, by Thomas Aquinas   Read more about Thomas Aquinas in the Adventures in Philosophy section. Read more about Thomas Aquinas' philosophy in the Classic Philosophers section. Find books by and about Thomas Aquinas in The Radical Academy Bookstore. St Thomas Aquinas on Politics and Ethics, by Thomas Aquinas   Enrich Your Life With a Philosophy Book... Enrich Your Life With a Philosophy Magazine... Academy Showcase Specials Introduction & Directory Political Philosophy Index
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