understand aright what is meant by the law
of nature: to wit, that law which God writeth and imprinteth in the nature
of man,(1133) so that it is as it were co-natural and born together with
man. Now, if we consider what law was written in the nature of man in his
first creation, it was no other than the decalogue, or the moral
law.(1134) But the law which we are here to inquire of is that law which,
after the fall, God still writeth in the heart of every man; which (we all
know) cometh far short, and wanteth much of that which was written in the
heart of man before his fall. That we may understand what this law of
nature is which is written in all men's hearts since the fall, we must
distinguish _jus naturale_ from _jus divinum naturale_. For that law which
is simply called _jus naturale_ is _innatum_, and layeth before the minds
of men that way wherein, by the guidance and conduct of nature,(1135) they
may be led to that good which is, in the end, proportionate to nature;
whereas _jus divinum_ is _inspiratum_, and layeth before us another way,
wherein, by a supernatural guidance,(1136) we may be led to a supernatural
good, which is an end exceeding the proportion of nature. As for that part
of the law of God which is called _jus divinum naturale_, it is so called
in opposition to _jus divinum positivum_.
_Sect._ 3. _Jus naturale,_ saith Justinian,(1137) _est quod naturo omnia
animalia docuit_. This the lawyers take to be the law of nature, which
nature, by its sole instinct, teacheth as well to other living creatures
as to men; for nature teacheth all living creatures to save and preserve
their own being, to decline things hurtful, to seek things necessary for
their life, to procreate their like, to care for that which is procreated
by them, &c. The Archbishop of Spalato(1138) liketh to speak with the
lawyers. _Jus naturale_, saith he, _simpliciter ponitur in omnibus
animalibus. Videntur autem_, saith Joachinus Mynsingerus,(1139) _juris
consulti, valde in hoc abuti vocabulo juris, cum exemplae praedicta sint
potius affectus et inclinationes naturales, quae cum quibusque animantibus
enascuntur; quas philosophi_ {~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER TAU~}{~GREEK SMALL LETTER OMICRON~}{~GREEK SMALL LETTER RHO~}{~GREEK SMALL LETTER GAMMA~}{~GREEK SMALL LETTER ALPHA WITH VARIA~}{~GREEK SMALL LETTER FINAL SIGMA~} {~GREEK SMALL LETTER PHI~}{~GREEK SMALL LETTER UPSILON~}{~GREEK SMALL LETTER SIGMA~}{~GREEK SMALL LETTER
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