e it may go on to infinity. Therefore this division of human laws
is not appropriate.
Obj. 3: Further, just as, in the state, there are princes, priests
and soldiers, so are there other human offices. Therefore it seems
that, as this division includes _military law,_ and _public law,_
referring to priests and magistrates; so also it should include other
laws pertaining to other offices of the state.
Obj. 4: Further, those things that are accidental should be passed
over. But it is accidental to law that it be framed by this or that
man. Therefore it is unreasonable to divide laws according to the
names of lawgivers, so that one be called the "Cornelian" law,
another the "Falcidian" law, etc.
_On the contrary,_ The authority of Isidore (Obj. 1) suffices.
_I answer that,_ A thing can of itself be divided in respect of
something contained in the notion of that thing. Thus a soul either
rational or irrational is contained in the notion of animal: and
therefore animal is divided properly and of itself in respect of its
being rational or irrational; but not in the point of its being white
or black, which are entirely beside the notion of animal. Now, in the
notion of human law, many things are contained, in respect of any of
which human law can be divided properly and of itself. For in the
first place it belongs to the notion of human law, to be derived from
the law of nature, as explained above (A. 2). In this respect
positive law is divided into the _law of nations_ and _civil law,_
according to the two ways in which something may be derived from the
law of nature, as stated above (A. 2). Because, to the law of nations
belong those things which are derived from the law of nature, as
conclusions from premises, e.g. just buyings and sellings, and the
like, without which men cannot live together, which is a point of the
law of nature, since man is by nature a social animal, as is proved
in _Polit._ i, 2. But those things which are derived from the law of
nature by way of particular determination, belong to the civil law,
according as each state decides on what is best for itself.
Secondly, it belongs to the notion of human law, to be ordained to
the common good of the state. In this respect human law may be
divided according to the different kinds of men who work in a special
way for the common good: e.g. priests, by praying to God for the
people; princes, by governing the people; soldiers, by fighting for
the safet
|