everything into
consideration, set up certain institutions which were deficient in
many ways; and these were changed by subsequent lawgivers who made
institutions that might prove less frequently deficient in respect of
the common weal.
On the part of man, whose acts are regulated by law, the law can be
rightly changed on account of the changed condition of man, to whom
different things are expedient according to the difference of his
condition. An example is proposed by Augustine (De Lib. Arb. i, 6):
"If the people have a sense of moderation and responsibility, and are
most careful guardians of the common weal, it is right to enact a law
allowing such a people to choose their own magistrates for the
government of the commonwealth. But if, as time goes on, the same
people become so corrupt as to sell their votes, and entrust the
government to scoundrels and criminals; then the right of appointing
their public officials is rightly forfeit to such a people, and the
choice devolves to a few good men."
Reply Obj. 1: The natural law is a participation of the eternal law,
as stated above (Q. 91, A. 2), and therefore endures without change,
owing to the unchangeableness and perfection of the Divine Reason,
the Author of nature. But the reason of man is changeable and
imperfect: wherefore his law is subject to change. Moreover the
natural law contains certain universal precepts, which are
everlasting: whereas human law contains certain particular precepts,
according to various emergencies.
Reply Obj. 2: A measure should be as enduring as possible. But
nothing can be absolutely unchangeable in things that are subject to
change. And therefore human law cannot be altogether unchangeable.
Reply Obj. 3: In corporal things, right is predicated absolutely: and
therefore, as far as itself is concerned, always remains right. But
right is predicated of law with reference to the common weal, to
which one and the same thing is not always adapted, as stated above:
wherefore rectitude of this kind is subject to change.
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SECOND ARTICLE [I-II, Q. 97, Art. 2]
Whether Human Law Should Always Be Changed, Whenever Something Better
Occurs?
Objection 1: It would seem that human law should be changed, whenever
something better occurs. Because human laws are devised by human
reason, like other arts. But in the other arts, the tenets of former
times give place to others, if something better occurs. Therefore th
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