The Four Kinds of Law

Introduction
   St. Thomas Aquinas identifies four types of law in his Summa Theologica  eternal law, natural law, human law and divine law. We will explain the meaning of these four types of law, according to St. Thomas, and elucidate how they are related and distinguished from one another. There are many ways we could go about this discussion,
but it seems fitting to begin with the eternal law, moving then to natural law and human law, since this order of consideration comports with how these types of law flow from one another. Finally, we will discuss the divine law  Gods personal revelation to man, and how the divine law illumines mans darkened intellect and disordered will to his dignity, eternal value and destiny. The goal of our discussion is to more clearly understand how man participates in Gods law  a law written on our hearts (cf. Rom. 2:15), which is ultimately manifested as Christs New Law of love and grace. The Catechism teaches, there are different expressions of the moral law, all of them interrelated: eternal law-the source, in God, of all law; natural law; revealed law, comprising the Old Law and the New Law, or Law of the Gospel.” Mans participation and cooperation in Gods law leads to true beatitude and eternal life.
The Eternal Law
   St Thomas says that, law is a rule and measure of acts, whereby man is induced to act or is restrained from acting. He also characterizes law as something brought into being via reason when he says law is something pertaining to reason, since the rule and measure of human acts is reason. Now, the eternal law is nothing other than the divine governance of all things. This governance is an act of intellect (reason) in God, according to St. Thomas, and since the Divine Reason's conception of things is not subject to time but is eternal, according to Proverbs 8:23, therefore it is that this kind of law must be called eternal. Gods governance is more than the mere order and nature of the physical universe. Pope John Paul II notes, importantly, that God provides in a special way for man, in that, Gods wisdom is providence, a love which cares  for man not from without but from within, through reason So, we begin to see that Gods rational order of all things visible and invisible”, consists in His providential Will to order all things to His glory and love. This is realized most perfectly in the rational creatures participation, through reason and will, in the eternal law of God. This eternal law of God is imprinted in the rational nature of man, according to Thomas. This leads us to what he calls  the natural law.
The Natural Law
   The natural law is summarized by Thomas in his Summa:
Now among all others, the rational creature is subject to Divine providence in the most excellent way, in so far as it partakes of a share of providence, by being provident both for itself and for others. Wherefore it has a share of the Eternal Reason, whereby it has a natural inclination to its proper act and end: and this participation of the eternal law in the rational creature is called the natural law.
Man participates or partakes of the eternal law and will of God through his active, intelligent cooperation. William May explains this well when he says, The eternal law is in them both because they are ruled and measured by it and because they actively rule and measure their own acts in accordance with it.” It is thus in man properly and formally as law, since mans actions proceed from reason. While the source of the eternal law, viz. God, is extrinsic to man, it seems mans participation of the eternal law (i.e. the natural law) is something intrinsic to man  it is imprinted on our very nature, according to St. Thomas.  Hence, if mans acts are in accord with what Thomas calls the imprint of Divine Light on him, his actions will be in accord with his nature (given him by Gods eternal design/law), with reason and be directed toward a full realization of his eternal destiny (revealed via the divine law) and thus  his true happiness.
   There is potential for confusion between the eternal and natural law, since we are told in Veritatis Splendor that, the natural law is itself the eternal law, implanted in beings endowed with reason, and inclining them towards their right action and end; it is none other than the eternal reason of the Creator and Ruler of the Universe. But we should make the qualification that the natural law is entitatively distinct from the eternal law that exists in God  it is not something other than the eternal law  it is a reality brought into being through reason; it is a work of human intelligence as ordered to action. This is the sense in which St. Thomas says that man, participates in the eternal law via reason  this act of participation, rationally and freely  is called the natural law.
   Upon establishing the origin and definition of natural law, Thomas observes that the first thing reason ordered to action (practical reason) grasps in this regard is  the good.
Consequently, the first principle of practical reason is one founded on the notion of good, viz. that "good is that which all things seek after." Hence this is the first precept of law, that "good is to be done and pursued, and evil is to be avoided." All other precepts of the natural law are based upon this: so that whatever the practical reason naturally apprehends as man's good (or evil) belongs to the precepts of the natural law as something to be done or avoided.
   This is the law St. Paul refers to as being written on our hearts (Rom. 2:15), which is a beautiful expression of how the eternal law is apprehended by reason and calls out to mans conscience and heart. These inclinations planted in man  by God, help order man to his ultimate good  eternal happiness. Self-evident principles flow from Thomas first precept do good, avoid evil, such as: harm no man; provide for offspring; give another his due. God is the author of nature and thus the author of natural law  to live in accord with the natural law is to live according to the true good  Gods will. However, St. Thomas warns the concupiscence of original sin and personal sin in man can lead him to reach the wrong conclusions and actions, which are contrary to the true good. The Catechism notes subjective culpability may be mitigated or diminished, but affirms some acts are always objectively wrong. We are now getting to more particular determinations man makes from natural law precepts. St. Thomas calls these particular determinations human law.
Human Law
   St. Thomas describes human law by stating, it is from the precepts of the natural law, as from general and indemonstrable principles, that the human reason needs to proceed to the more particular determination of certain matters. These particular determinations, devised by human reason, are called human laws, provided the other essential conditions of law be observed. Those conditions are enumerated in his basic description of law, which is an ordinance of reason for the common good, made by him who has care of the community, and promulgated. So, we see a procession from universal to particular as we move from mans apprehension and participation of the eternal law via reason (which we call natural law and its immediate precepts) to particular, human laws, which should reflect and conform to Gods eternal law.
Since then the eternal law is the plan of government in the Chief Governor, all the plans of government in the inferior governors must be derived from the eternal law. But these plans of inferior governors are all other laws besides the eternal law. Therefore all laws, in so far as they partake of right reason, are derived from the eternal law. Hence Augustine says (De Libero Arbitrio i,6) that "in temporal law there is nothing just and lawful, but what man has drawn from the eternal law."
   Human laws must be ordered to Gods eternal law, which is apprehended by an act of reason in the natural law precepts. Human law is thus derived from natural law. For example, one may derive a law prohibiting murder from the natural law precept, harm no man. The natural law functions as both a guide for human laws to benefit the common good (e.g. family and economically favorable laws), and as a protection against laws violating natural law precepts (e.g. abortion, euthanasia).  Such human laws which violate natural law (or divine law) are unjust and constitute, acts of violence rather than laws. St. Augustine noted, a law that is not just, seems to be no law at all. Such laws are not binding in conscience. This is a prescription for limited government, which recognizes the divine foundation, universality and permanency of Gods eternal and natural law, as well as the limitations of what government can require or deny. It is also a limitation on what is often called in modern society individual rights or rights to privacy, which in certain cases veil destructive and even murderous acts and even give them protection under the law.  Pope John Paul II states, the natural law expresses the dignity of the human person and lays the foundation for his fundamental rights and duties. Authentic human law promotes and protects these rights and duties expressed in the natural law. This leads us to ask: How can man have certitude about his rights and duties to God?
The Divine Law
   St. Thomas affirmed the necessity of Divine Revelation for mans acts to be directed towards his supernatural end  the Beatific Vision. Besides the natural and the human law it was necessary for the directing of human conduct to have a Divine law. The Divine Law includes both the Old and the New Testament. St. Thomas stated the Divine Law was necessary because there needed to be a law given by God, proportionate to mans supernatural end; because of the uncertainty of human judgment; because human law cannot curb or direct interior acts, but Divine Law judges mans interior movements; and because human law cannot forbid or punish all acts, but Divine Law supervenes, so that all sins are forbidden. Thomas also elucidates how faith in Divine Revelation allows man to arrive more quickly at the knowledge of Divine truth, as not all persons are able or as willing to apply themselves to study. Finally, and importantly  the Divine Law provides certitude, since, reason is very deficient in things concerning God who is infinite.
   The Church looks to Sacred Scripture, revealed by God and handed down by the authority of the Apostolic Church; Sacred Tradition, the unwritten actions of the Apostles and their successors in union with Peter and his successors  which are guided by the Holy Spirit; and the Magisterium of the Church, whose authority is exercised in the name of Jesus Christ. This teaching office is not above the word of God, but serves it. Hence, man has great practical and infallible assistance in the Magisterium to help him know how he is to direct his actions correctly towards his ultimate good  eternal salvation. Indeed, far beyond a legalistic morality of what is forbidden, the Divine Law, (authentically interpreted by the Magisterium) and in particular the New Law revealed in Christ  illuminates mans mind and heart though grace, calling him to the commandment of Christ to love, which is the form of all the virtues, according to St. Thomas. This is my commandment, that you love one another as I have loved you. (Jn. 15:12) The term as connotes a commandment by Christ for us to be perfect, as He is perfect. Hence, Jesus way of acting and his words, his deeds and his precepts constitute the moral rule of Christian life, according to John Paul II. Thus, the Divine Law is superabundant in calling man to order his reason, his will, his heart and actions to perfection [which] demands that maturity in self-giving to which human freedom is called. The Divine Law completes the other forms of law, going beyond precept to divine love, which has no limits and elevates man to his full actualization in God as his “all”.
Pope John Paul II and the Law
   Janet Smiths observations about Pope John Paul IIs Personalist gloss on traditional Thomistic thought regarding natural law are very insightful, and illustrate the magisterial greatness of the Polish Pontiff. With John Paul II, there is a shift in emphasis from Thomas objective, metaphysical, rationalistic or mechanistic emphasis in describing the natural laws relationship to human (moral) acts  to a more Personalist, subjective, and phenomenological emphasis. John Paul II does not take away from nor contradict Thomas. He uses the basic natural and eternal law thesis, explained above, as a starting point for a deeper reflection, but emphasizes man not only as a rational creature, but as a self-determining creature who must shape himself in accord with the truth, in order to realize his true dignity and calling to be perfect, as Christ called the rich young man to be perfect. (cf. Matt. 19:16-22) In Veritatis Splendor, the Pope reveals the complementariness of the natural law and the divine law in his treatment of the objectivity and rationality of the natural law precepts as lived by human persons made in the image and likeness of God, who know and love God through Revelation.  
   The Personalist approach of John Paul II acknowledges the Commandments as a starting point and condition precedent to move deeper into the meaning of life  viz. Christs New Law of love  the Beatitudes and the grace to live according to Christs new commandment to love one another. (Jn. 15:17) Thus, we see with John Paul II, the human person is not confined by natural law but freely participates in Gods governance  he may freely choose to do the good or not to do it. The subjective emphasis of John Paul II compared to St. Thomas emphasis on objectivity is elucidated by Smith well when she suggests, Aquinas chief interest is in determining what acts are good and evil; for Wojtyla the chief interest is in showing that mans very subjectivity and freedom requires that he be concerned with the truth. While Thomas would certainly agree with John Paul IIs emphasis on man being self-determining in choosing to follow Christ, mans gift of self, and the effect mans actions have on himself and his fulfillment as a person  Thomas focus tended to be on the fact that man is able to choose because he is an individual substance of a rational nature, which is his definition of the human person. John Paul II defines the person more richly: The personis always a rational and free concrete being, capable of all those activities that reason and freedom alone make possible. The question John Paul II wishes us to focus on is not simply what rules are to be followed, but also, What is the meaning of life?” The great Pontiff exhorts man to that critical relationship between the (objective) law and (subjective) personal freedom, which is lived out in the heart of the person, in his moral conscience  which must be ordered to objective truth to be authentically free. John Paul II masterfully deepened objective, Thomistic natural law themes with Personalism in a way that is complimentary.
Summary
   St. Thomas four kinds of law illuminate the order and splendor of Gods creation, both physical and most excellently, rational. Gods eternal law is His Divine Wisdom and Providence, directing and ordering all of creation to Himself as their end. The participation of the eternal law in the rational creature is the natural law, whereby mans reason apprehends certain self-evident precepts derived from the eternal law, such as seek the good, avoid evil. Man applies his reason, guided by the divine law (Sacred Scripture) as interpreted and elucidated even more practically by Sacred Tradition via the Magisterium of the Catholic Churchto ascertain in his conscience how he should act in accordance with the true good. The divine law reveals to man infallibly the truth about God and invites man to a relationship of love and reconciliation with his Creator, through the saving work of Christ. Human laws are derived from natural law precepts and should promote the common good, as well as protect persons from violations of the natural law  such as abortion, for example. A law which contradicts the natural law or divine law, is no law at all and is not binding in conscience. Thus, we see how these types of law interrelate and complement one another for the ultimate good of man  eternal life.





Endnotes