tated above, but according as it results from the justice of the
Divine law: it is as though we were to say that the law allows a
nobleman to be condemned to hard labor for some misdeed.
Reply Obj. 2: This argument considers law in the light of a rule or
measure: for it is in this sense that those who deviate from the law
become transgressors. But the _fomes_ is not a law in this respect,
but by a kind of participation, as stated above.
Reply Obj. 3: This argument considers the _fomes_ as to its proper
inclination, and not as to its origin. And yet if the inclination of
sensuality be considered as it is in other animals, thus it is
ordained to the common good, namely, to the preservation of nature in
the species or in the individual. And this is in man also, in so far
as sensuality is subject to reason. But it is called _fomes_ in so
far as it strays from the order of reason.
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QUESTION 92
OF THE EFFECTS OF LAW
(In Two articles)
We must now consider the effects of law; under which head there are
two points of inquiry:
(1) Whether an effect of law is to make men good?
(2) Whether the effects of law are to command, to forbid, to permit,
and to punish, as the Jurist states?
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FIRST ARTICLE [I-II, Q. 92, Art. 1]
Whether an Effect of Law Is to Make Men Good?
Objection 1: It seems that it is not an effect of law to make men
good. For men are good through virtue, since virtue, as stated in
_Ethic._ ii, 6 is "that which makes its subject good." But virtue is
in man from God alone, because He it is Who "works it in us without
us," as we stated above (Q. 55, A. 4) in giving the definition of
virtue. Therefore the law does not make men good.
Obj. 2: Further, Law does not profit a man unless he obeys it. But
the very fact that a man obeys a law is due to his being good.
Therefore in man goodness is presupposed to the law. Therefore the
law does not make men good.
Obj. 3: Further, Law is ordained to the common good, as stated above
(Q. 90, A. 2). But some behave well in things regarding the
community, who behave ill in things regarding themselves. Therefore
it is not the business of the law to make men good.
Obj. 4: Further, some laws are tyrannical, as the Philosopher says
(Polit. iii, 6). But a tyrant does not intend the good of his
subjects, but considers only his own profit. Therefore law does not
make men good.
_On the contrary,_ The Philosopher sa
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