Moral Philosophy: Ethics, Deontology and Natural LawRickaby, Joseph
Philosophy
Moral Philosophy: Ethics, Deontology and Natural Law
Rickaby, Joseph
Ethics
"A law is laid down as a rule or measure of human acts. Now a measure
ought to be homogeneous with the thing measured. Hence laws also must
be imposed upon men according to their condition. As Isidore says: 'A
law ought to be possible both according to nature and according to the
custom of the country.' Now the power or faculty of action proceeds
from interior habit or disposition. The same thing is not possible to
him who has no habit of virtue, that is possible to a virtuous man; as
the same thing is not possible to a boy and to a grown man, and
therefore the same rule is not laid down for children as for adults.
Many things are allowed to children, that in adults are visited with
legal punishment or with blame, and in like manner many things must be
allowed to men not perfect in virtue, which would be intolerable in
virtuous men."
This reasoning leads us up to a conclusion, which St. Thomas states
thus (la 2æ, q. 94. art. 5):
"A conceivable way in which the Natural Law might be changed is the
way of subtraction, that something should cease to be of the Natural
Law that was of it before. Understanding change in this sense, the
Natural Law is absolutely immutable in its first principles; but as to
secondary precepts, which are certain detailed conclusions closely
related to the first principles, the Natural Law is not so changed as
that its dictate is not right in most cases steadily to abide by; it
may however be changed in some particular case, and in rare instances,
through some special causes impeding the observance of these secondary
precepts."
The reason for this conclusion, more pregnant, it may be, than St.
Thomas himself discerned, is given briefly as follows (2a 2æ, q. 57,
art. 2, ad 1):
"Human nature is changeable; and therefore what is natural to man may
sometimes fail to hold good."
The precepts of Natural Law that fail to be applicable when human
nature sinks below par, are only secondary precepts, and few even of
them. Christianity brings human nature up to par, and _fulfils_ the
Natural Law (St. Matt. v. 17), enjoining the observance of it in its
integrity. This is the meaning of St. John Chrysostom's saying: "Of
old not such an ample measure of virtue was proposed to us; ... but
since the coming of Christ the way has been made much narrower." (_De
Virginitate_, c. 44: cf. his 17th Homily on St. Matt. v. 37; indeed
the doctrine is familiar in his pages.) Thus the prohibition of
polygamy, being a secondary precept of the natural law, failed in its
application in that age of lapsed humanity, when a woman was better
one of many wives, protected by one husband, than exposed to
promiscuous violence and lust. (Isaias iv. i.)
NOTE ON ROUSSEAU.
The ruler is the servant of the _good_ of the people, not of the
_will_ of the people, except inasmuch as--
a. the _will_ of the people is an indication of their _good_, of which
they are probable judges;
Public-domain text, read in full here on John Shaqi.
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