e of the humble of My
people." But it is lawful for anyone to avoid oppression and
violence. Therefore human laws do not bind man in conscience.
_On the contrary,_ It is written (1 Pet. 2:19): "This is thankworthy,
if for conscience . . . a man endure sorrows, suffering wrongfully."
_I answer that,_ Laws framed by man are either just or unjust. If
they be just, they have the power of binding in conscience, from the
eternal law whence they are derived, according to Prov. 8:15: "By Me
kings reign, and lawgivers decree just things." Now laws are said to
be just, both from the end, when, to wit, they are ordained to the
common good--and from their author, that is to say, when the law that
is made does not exceed the power of the lawgiver--and from their
form, when, to wit, burdens are laid on the subjects, according to an
equality of proportion and with a view to the common good. For, since
one man is a part of the community, each man in all that he is and
has, belongs to the community; just as a part, in all that it is,
belongs to the whole; wherefore nature inflicts a loss on the part,
in order to save the whole: so that on this account, such laws as
these, which impose proportionate burdens, are just and binding in
conscience, and are legal laws.
On the other hand laws may be unjust in two ways: first, by being
contrary to human good, through being opposed to the things mentioned
above--either in respect of the end, as when an authority imposes on
his subjects burdensome laws, conducive, not to the common good, but
rather to his own cupidity or vainglory--or in respect of the author,
as when a man makes a law that goes beyond the power committed to
him--or in respect of the form, as when burdens are imposed unequally
on the community, although with a view to the common good. The like
are acts of violence rather than laws; because, as Augustine says (De
Lib. Arb. i, 5), "a law that is not just, seems to be no law at all."
Wherefore such laws do not bind in conscience, except perhaps in
order to avoid scandal or disturbance, for which cause a man should
even yield his right, according to Matt. 5:40, 41: "If a man . . .
take away thy coat, let go thy cloak also unto him; and whosoever
will force thee one mile, go with him other two."
Secondly, laws may be unjust through being opposed to the Divine
good: such are the laws of tyrants inducing to idolatry, or to
anything else contrary to the Divine law: and laws of thi
|