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Whether there was any need

for a Divine positive law?


Summa Theologiae, I-II, q. 91, a. 4
Objection 1

The Divine Positive Law is the same as


Eternal Law. Therefore, there is no
need for an additional divine law to
guide men.
Objection 2

Ecclus. 15:14 says "God left man in the


hand of his own counsel." Counsel is
an act of reason. Therefore man was
left to the direction of his reason and
there is no need for divine positive law.
Natural law is enough.
Objection 2

Ecclus. 15:14 says "God left man in the


hand of his own counsel." Counsel is
an act of reason. Therefore man was
left to the direction of his reason and
there is no need for divine positive law.
Natural law is enough.
Objection 3

Irrational creatures have no divine positive


law. They just act according to their nature.
Man is more self-sufficient than irrational
creatures. If irrational creatures do not need
divine positive law then man is much less in
need of such a law.
Divine Law
• Divine positive law is necessary for the
directing of human conduct for four (4)
reasons.
Divine Law
1. Man is directed by law to his last end.
But man is ordained to eternal
happiness. This is not proportionate to
man's natural ability (Cfr. Question [5],
Article [5]). Therefore it is necessary for
man to be directed by God with divine
positive law aside from the natural and
human law.
Divine Law
2. Because man is uncertain in his
judgment, especially on contingent and
particular matters, different people form
different judgments on human acts.
Thus, different and contrary laws are the
result. So that man may know without
any doubt, it is necessary for him to be
directed by God’s positive law, for divine
positive law cannot err.
Divine Law
3. Man can make laws on external
behavior. But man cannot judge of
interior movements. For the perfection of
virtue, both external and internal acts
have to be ordered. Divine positive law
orders the interior acts of man.
Divine Law
4. Human law cannot punish or forbid all
evil deeds. Human law even sometimes
prevents good deeds while aiming at
doing away with all evils. Therefore, in
order to prevent all evil and punish all
evil doers, Divine positive law has to
intervene.
Objection 1

The eternal law is the same as Divine


law. Therefore, there is no need for an
additional divine law to guide men in
making human laws.
Reply to Objection 1
• Eternal law directs human behavior
through Natural law.
• But Natural Law can only guide man to his
natural end.
• The divine positive law is needed in order
to guide man to his supernatural end,
which cannot be known through Natural
Law.
Objection 2

Ecclus. 15:14 says "God left man in the


hand of his own counsel." Counsel is
an act of reason. Therefore man was
left to the direction of his reason and
there is no need for divine positive law.
Natural law is enough.
Objection 2

Ecclus. 15:14 says "God left man in the


hand of his own counsel." Counsel is
an act of reason. Therefore man was
left to the direction of his reason and
there is no need for divine positive law.
Natural law is enough.
Reply to Objection 2
• Counsel is a kind of inquiry (reasoning).
To attain his supernatural end, it is not
enough for man to proceed from principles
imparted by nature. He needs other
principles (premises) that are supernatural
in character (e.g., that his nature is
elevated by grace). These supernatural
principles are the precepts of the Divine
law.
Objection 3

Irrational creatures have no divine positive


law. They just act according to their nature.
Man is more self-sufficient than irrational
creatures. If irrational creatures do not need
divine positive law then man is much less in
need of such a law.
Reply to Objection 3
• Irrational creatures are not ordained to
higher supernatural end. Therefore, it is
wrong to compare man with irrational
creatures which do not need to reach the
supernatural.
• Irrational creatures do not need this help
because they do not need to be
supernatural. Man needs to be
supernatural.
Is this quaestio a philosophical
quaestio?

No, it is theological topic.


Whether there is only one
Divine positive law?
Summa Theologiae, I-II, q. 91, a. 5
Whether there is only one
Divine positive law?
There are two divine positive laws: the
Old Law and the New Law

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