FREE BOOKS

Author's List




PREV.   NEXT  
|<   520   521   522   523   524   525   526   527   528   529   530   531   532   533   534   535   536   537   538   539   540   541   542   543   544  
545   546   547   548   549   550   551   552   553   554   555   556   557   558   559   560   561   562   563   564   565   566   567   568   569   >>   >|  
as much as he can, by subjecting his mind to Him entirely. _______________________ SECOND ARTICLE [II-II, Q. 57, Art. 2] Whether Right Is Fittingly Divided into Natural Right and Positive Right? Objection 1: It would seem that right is not fittingly divided into natural right and positive right. For that which is natural is unchangeable, and is the same for all. Now nothing of the kind is to be found in human affairs, since all the rules of human right fail in certain cases, nor do they obtain force everywhere. Therefore there is no such thing as natural right. Obj. 2: Further, a thing is called "positive" when it proceeds from the human will. But a thing is not just, simply because it proceeds from the human will, else a man's will could not be unjust. Since then the "just" and the "right" are the same, it seems that there is no positive right. Obj. 3: Further, Divine right is not natural right, since it transcends human nature. In like manner, neither is it positive right, since it is based not on human, but on Divine authority. Therefore right is unfittingly divided into natural and positive. _On the contrary,_ The Philosopher says (Ethic. v, 7) that "political justice is partly natural and partly legal," i.e. established by law. _I answer that,_ As stated above (A. 1) the "right" or the "just" is a work that is adjusted to another person according to some kind of equality. Now a thing can be adjusted to a man in two ways: first by its very nature, as when a man gives so much that he may receive equal value in return, and this is called "natural right." In another way a thing is adjusted or commensurated to another person, by agreement, or by common consent, when, to wit, a man deems himself satisfied, if he receive so much. This can be done in two ways: first by private agreement, as that which is confirmed by an agreement between private individuals; secondly, by public agreement, as when the whole community agrees that something should be deemed as though it were adjusted and commensurated to another person, or when this is decreed by the prince who is placed over the people, and acts in its stead, and this is called "positive right." Reply Obj. 1: That which is natural to one whose nature is unchangeable, must needs be such always and everywhere. But man's nature is changeable, wherefore that which is natural to man may sometimes fail. Thus the restitution of a deposit to the depositor is in ac
PREV.   NEXT  
|<   520   521   522   523   524   525   526   527   528   529   530   531   532   533   534   535   536   537   538   539   540   541   542   543   544  
545   546   547   548   549   550   551   552   553   554   555   556   557   558   559   560   561   562   563   564   565   566   567   568   569   >>   >|  



Top keywords:

natural

 

positive

 

agreement

 

nature

 

adjusted

 

called

 
person
 
Therefore
 

receive

 

commensurated


Further

 
private
 

partly

 

Divine

 
proceeds
 

unchangeable

 

divided

 
consent
 

common

 

satisfied


individuals

 

confirmed

 

subjecting

 
SECOND
 

ARTICLE

 
return
 

equality

 

agrees

 

changeable

 

wherefore


depositor

 

deposit

 

restitution

 

deemed

 

community

 

people

 

decreed

 

prince

 

public

 

unjust


Positive
 

transcends

 

Objection

 

simply

 

obtain

 

affairs

 

fittingly

 

manner

 

answer

 

established