and especially the young, who are
more capable of being trained. Consequently a man needs to receive
this training from another, whereby to arrive at the perfection of
virtue. And as to those young people who are inclined to acts of
virtue, by their good natural disposition, or by custom, or rather by
the gift of God, paternal training suffices, which is by admonitions.
But since some are found to be depraved, and prone to vice, and not
easily amenable to words, it was necessary for such to be restrained
from evil by force and fear, in order that, at least, they might
desist from evil-doing, and leave others in peace, and that they
themselves, by being habituated in this way, might be brought to do
willingly what hitherto they did from fear, and thus become virtuous.
Now this kind of training, which compels through fear of punishment,
is the discipline of laws. Therefore in order that man might have
peace and virtue, it was necessary for laws to be framed: for, as the
Philosopher says (Polit. i, 2), "as man is the most noble of animals
if he be perfect in virtue, so is he the lowest of all, if he be
severed from law and righteousness"; because man can use his reason
to devise means of satisfying his lusts and evil passions, which
other animals are unable to do.
Reply Obj. 1: Men who are well disposed are led willingly to virtue
by being admonished better than by coercion: but men who are evilly
disposed are not led to virtue unless they are compelled.
Reply Obj. 2: As the Philosopher says (Rhet. i, 1), "it is better
that all things be regulated by law, than left to be decided by
judges": and this for three reasons. First, because it is easier to
find a few wise men competent to frame right laws, than to find the
many who would be necessary to judge aright of each single case.
Secondly, because those who make laws consider long beforehand what
laws to make; whereas judgment on each single case has to be
pronounced as soon as it arises: and it is easier for man to see what
is right, by taking many instances into consideration, than by
considering one solitary fact. Thirdly, because lawgivers judge in
the abstract and of future events; whereas those who sit in judgment
judge of things present, towards which they are affected by love,
hatred, or some kind of cupidity; wherefore their judgment is
perverted.
Since then the animated justice of the judge is not found in every
man, and since it can be deflected, therefor
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