HKB
to God for the people; princes, by governing the people; soldiers, by fighting for the safety of the people. Wherefore certain special kinds of law are adapted to these men.
Thirdly, it belongs to the notion of human law, to be framed by that one who governs the community of the state, as shown above (Q. 90, A. 3). In this respect, there are various human laws according to the various forms of government. Of these, according to the Philosopher (Polit. iii, 10) one is monarchy, i.e. when the state is governed by one; and then we have Royal Ordinances. Another form is aristocracy, i.e. government by the best men or men of highest rank; and then we have the Authoritative legal opinions (Responsa Prudentum*) and Decrees of the Senate (*Senatus consulta). Another form is oligarchy, i.e. government by a few rich and powerful men; and then we have Praetorian, also called Honorary, law. Another form of government is that of the people, which is called democracy, and there we have Decrees of the commonalty (Plebiscita). There is also tyrannical government, which is altogether corrupt, which, therefore, has no corresponding law. Finally, there is a form of government made up of all these, and which is the best: and in this respect we have law sanctioned by the Lords and Commons, as stated by Isidore (Etym. v, 4, seqq.).
Fourthly, it belongs to the notion of human law to direct human actions. In this respect, according to the various matters of which the law treats, there are various kinds of laws, which are sometimes named after their authors: thus we have the Lex Julia about adultery, the Lex Cornelia concerning assassins, and so on, differentiated in this way, not on account of the authors, but on account of the matters to which they refer.
Reply Obj. 1: The law of nations is indeed, in some way, natural to man, in so far as he is a reasonable being, because it is derived from the natural law by way of a conclusion that is not very remote from its premises. Wherefore men easily agreed thereto. Nevertheless it is distinct from the natural law, especially it is distinct from the natural law which is common to all animals.
The Replies to the other Objections are evident from what has been said.
QUESTION 96
OF THE POWER OF HUMAN LAW (In Six Articles)
We must now consider the power of human law. Under this head there are six points of inquiry:
(1) Whether human law should be framed for the community?
(2) Whether human law should repress all vices?
(3) Whether human law is competent to direct all acts of virtue?
(4) Whether it binds man in conscience?
(5) Whether all men are subject to human law?
(6) Whether those who are under the law may act beside the letter of the law?
FIRST ARTICLE [I-II, Q. 96, Art. 1]
Whether Human Law Should Be Framed for the Community Rather Than for the Individual?
Objection 1: It would seem that human law should be framed not for the community, but rather for the individual. For the Philosopher says (Ethic. v, 7) that "the legal just . . . includes all particular acts of legislation . . . and all those matters which are the subject of decrees," which are also individual matters, since decrees are framed about individual actions. Therefore law is framed not only for the community, but also for the individual.
Obj. 2: Further, law is the director of human acts, as stated above (Q. 90, AA. 1, 2). But human acts are about individual matters. Therefore human laws should be framed, not for the community, but rather for the individual.