y of the people. Wherefore certain special kinds of law are
adapted to these men.
Thirdly, it belongs to the notion of human law, to be framed by that
one who governs the community of the state, as shown above (Q. 90, A.
3). In this respect, there are various human laws according to the
various forms of government. Of these, according to the Philosopher
(Polit. iii, 10) one is _monarchy,_ i.e. when the state is governed
by one; and then we have _Royal Ordinances._ Another form is
_aristocracy,_ i.e. government by the best men or men of highest
rank; and then we have the _Authoritative legal opinions_ (_Responsa
Prudentum_) and _Decrees of the Senate_ (_Senatus consulta_). Another
form is _oligarchy,_ i.e. government by a few rich and powerful men;
and then we have _Praetorian,_ also called _Honorary,_ law. Another
form of government is that of the people, which is called
_democracy,_ and there we have _Decrees of the commonalty_
(_Plebiscita_). There is also tyrannical government, which is
altogether corrupt, which, therefore, has no corresponding law.
Finally, there is a form of government made up of all these, and
which is the best: and in this respect we have law sanctioned by the
_Lords and Commons,_ as stated by Isidore (Etym. v, 4, seqq.).
Fourthly, it belongs to the notion of human law to direct human
actions. In this respect, according to the various matters of which
the law treats, there are various kinds of laws, which are sometimes
named after their authors: thus we have the _Lex Julia_ about
adultery, the _Lex Cornelia_ concerning assassins, and so on,
differentiated in this way, not on account of the authors, but on
account of the matters to which they refer.
Reply Obj. 1: The law of nations is indeed, in some way, natural to
man, in so far as he is a reasonable being, because it is derived
from the natural law by way of a conclusion that is not very remote
from its premises. Wherefore men easily agreed thereto. Nevertheless
it is distinct from the natural law, especially it is distinct from
the natural law which is common to all animals.
The Replies to the other Objections are evident from what has been
said.
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QUESTION 96
OF THE POWER OF HUMAN LAW
(In Six Articles)
We must now consider the power of human law. Under this head there
are six points of inquiry:
(1) Whether human law should be framed for the community?
(2) Whether human law should repress all vices
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