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Human Law: Human law is often defined as a ‘positive law’. I.e., laws
enacted and enforced in our human communities. Laws which fall short
of what they should be, are not true laws at all. Law is always directed to
the common good, human law is no different. Promotion of virtue is
necessary for the common good, and human laws are instruments in the
promotion of virtue. Thomas accepts Aristotle’s conviction that most
people are kept from crime by fear of the law. It is good to codify and
draw up laws. Deliberation is important in designing laws and laws are
necessary to guide judgment.
All human laws must be directed toward the common good. Specific
laws for merchants for example, are general in some way; applicable in
more than one case. We should also not over legislate. For Thomas,
human laws are particular determinations of natural laws. It is law with
moral content, being more general than human law. It deals with
necessary rather than variable or changeable things. Natural law is more
perfect than human law for natural law is not variable. Human laws are
applications of natural law and cannot deviate from the spirit of the
natural law.
Thomas’s view of natural law is as our participation in eternal law. It is
part of our high calling as creatures made by God. We need Him, part of
his providential care. We are more Godlike as we provide for others.
This sharing in the Eternal Law by intelligent creatures is what we call
natural law. It is about our life in God. Natural Law is sharing in divine
providence, sharing in the divine life. Our real relationship with God!