Prima Secundae
225. Aquinas on Human Law (ST I-II Q95 a3–4): Isidore's Conditions of Law and the Divisions of Human Law
Class of 2015-06-18
https://berquistcourse.com/course/theology/11-prima-secundae/225-aquinas-on-human-law-st-i-ii-q95-a3-4-isidores-conditions/

[0:00] So, in the name of the Father, the Son, Holy Spirit, Amen. Thank you, God. Thank you, guardian angels. Thank you, Thomas Aquinas. Deo gratias. God, our enlightenment. Guardian angels, bring the lights of our minds, or luminar images, and arouse us to consider more correctly. Saint Thomas Aquinas, angelic doctor. Help us to understand what you've written. Father, Son, Holy Spirit, Amen.

[0:32] Going back to that thing about vice is the road to what misery, right? Huh. When Thomas says, you know, one place when he would say probably this, you know, talking about error, right? Magna pars miseria. It's a great part of misery, right? But when Thomas talks about how pride is a cause of error, right? And he says the cause of error in two ways, right? Huh. In one way, it makes you overestimate your powers, and therefore you attempt something beyond your powers, and usually fall into error.

[1:07] And then you don't want to accept the the master, right? Huh. And listen to the master, the you know those who are wiser than you are. In those two ways, it leads to error, right? Huh. So, magna pars miseria, vice is the road to misery, right? Without the more obvious examples, you get the daily paper, you know. Sister Rosalie, open the paper. There, the top thing, man was was being imprisoned, or can you hear?

[1:37] He killed his girlfriend, right? The bottom of the page was a woman who killed her fiance. Says Rosie, top bottom. But one thing after another, you see there, you know. Let's go up to Article Three here. Yes. Question ninety-five. To

[2:04] third one goes forward. Thus, it seems that Isidore unsuitably describes the quality of the laid-down law, positive law, saying that the law is what honest, just, possible according to nature,

[2:30] according to the custom of one's what country, suitable to the place and the time, necessary, useful, huh? Manifest also, huh? Lest something it contains, right?

[2:52] In captivity through obscurity, huh? Not you know useful just to the private, huh? But written down for the common utility or usefulness of the citizens, huh? That's quite a Isidorian.

[3:18] For above, huh? In three conditions, he explained the quality of the what law, saying that the law is everything that is constituted by reason, so long as it is what suitable to religion, that it's suitable to discipline, that it is suitable, yeah, to salvation. Therefore, superfluous, huh? Superfluously, afterwards he multiplies the conditions of law.

[4:00] So how many things does he have here in this one here? Four. At least seven, I think. Moreover, justice is a part of honestatis, of honesty. It's kind of a funny word, honesty, the way it's got in our in our use of it in English. As Tullius Cicero says in the first book on the offices, huh? Therefore, after he has said honesta, superfluously, does he add justa?

[4:43] Okay, multiplying words, huh? Similar than in prayer, just had the Our Father the other day. Was it yesterday? I think yeah. Was it today in Mass? Just very recently. Okay. Again, from the Gospel Matthew. Now the Our Father is only in Matthew and Luke, isn't it? And it's not complete in Luke. I mean, it's a shorter version, yeah. So I always say it gives an example how the Matthew's holding up Luke, huh?

[5:25] Moreover, the written law, according to Isidore, is divided against what custom. Therefore, it ought not to be placed in the definition of law that it is according to the custom of the. Isidore

[5:41] wasn't thinking when he put that down. Moreover, the necessary is said in two ways, huh? To wit, that which is necessary, simpliciter, right? But is impossible to be otherwise. And necessity of this sort is not subject to human judgment. Hence, such a necessity does not pertain to the human law. There is also a necessity according to the what end, and such necessity is the same thing as usefulness.

[6:23] Therefore, superfluously does he lay down both necessary and useful. Now, what's against this? Well, the authority, huh? You know, see, the farmer was it the farmer or that other guy's the door, the different one? He's going to attack him to be a farmer, but he is.

[6:49] The Benedictans are always what farmers, huh? Are you guys farmers here too? We have a garden but it's not exactly a farm but it's the beginning of a farm Yeah. And an orchard We definitely have a little orchard, fruit trees. Last year they produced a little bit. Mm-hmm.

[7:15] Didn't didn't Bishop Wright go out and bless the vineyards there in France? I think he did. Yeah, yeah. I told you the story about. I guess he he would s he was Bishop of Worcester. He would send his his

[7:28] chauffeur to get the the wine, right, and at the at the package store, right. But the guy was kind of a jokester, you know. He would say, "You got the booze for the bishop? " Here we can hear him in this in the store, you know.

[7:54] For whatever reason, reminds me of Cardinal. Who was the one, Boston Cushing? Yeah. And he would, because you know there were certain prayers that were only that were optional collects and so forth. Yeah. And I guess whatever mass he was someplace, and maybe he skipped one of the collects or something, and then he had after mass he explained to everybody in the sanctuary, "He said, you can always take out the collects, but you can never take out the collection.

[8:31] " Okay. I answer. It should be said that a each thing that is for the sake of some end, right, it is necessary that the form be determined according to its what ratio to the end, right? Thomas used the word proportion, not a ratio, right? So that's like the form of the chair, right? It's got to fit the end of it, right? It is not to lie down, but to sit.

[9:00] That's why it goes up instead of going down. Except these chairs show you. You have to lay down. They go all the way down like this to go actually horizontal. They go first halfway and then they go all the way down.

[9:18] Might come in handy if you're short of beds and you're trying to sleep in this. Just as the form of the what? Yeah. Is such as is suitable to cutting, right? Huh? As is clear in the second book of the what? Physics, huh? Of course, the Immaculate Story say the examples are very what? Concrete in Aristotle and Thomason. By the moderns, you know, have some kind of a imaginative example to get you cut up in, you know, and rather than illustrating the point simply. For each thing is what right and measured.

[10:10] Necessary that it have its what form, proportional or to its rule and to its what measure, right? Okay, that's all. I would make a little break there, right? I'm going to apply it to this. Now, human law has both, right? Because it is both something ordered to an end, right?

[10:41] And is a certain rule or measure regulated, or ruled, or measured by a certain superior measure, which is twofold, both the divine law and the law of what nature. This is clear from the things said above.

[11:07] Now, the end of human law is the what usefulness of men, just as also what the juris peritus, the man experienced in the law, right? That must be kind of almost antonomasia, right? As he says,

[11:33] and therefore Isidore, in the condition of law, first lays down three, to wit, that it is what in agreement with religion, right? That is, in so far as it is proportioned to the divine law, that it is suitable to what discipline, in so far as it is proportioned to the law of what nature, and that it is proficient for salvation, in so far as it is proportioned to human usefulness.

[12:17] Medieval guys really something, weren't they? And to these three, all other conditions which he later lays down are reduced. Now, the rest of this Thomas is going to be answering the objections right at the same time because he's going to see how the other ones are reduced. Isn't it nice that he had three and then he reduced them to three? Right, the rule of two or three, right?

[12:56] For this that he calls it what honesta refers to this that it is suitable to what in agreement with what religion. I don't know exactly i don't know exactly i don't know exactly i don't know exactly i get the other word honesta, but honesta has got the idea of what suitable to honor right the bonum honestum. huh Yeah.

[13:23] But what he joins justa, possible according to nature, according to the custom of one's country, fitting to the place and time, are added to the what convenient of what discipline.

[13:47] Now it was just to mean they're naturally just maybe. Possible according to nature means that you can fulfill it. It's not to. It's according to the custom of one's country and suitable to place and time. Now, Thomas going to explain this a bit, right? Human discipline is to be observed first as regards the what order of reason, which is implied in this that it is said what just,

[14:33] not too much nor too little, just. Secondly, to the ability of the what agents, huh? For the discipline not to be suitable to each one according to his what capacity, right? His possibility.

[14:53] Observing the possibility what of nature, huh? For that should not be placed upon boys, which is placed upon perfect men. Okay. And according to human custom, huh?

[15:12] Condition? We have custom or condition? Yeah. For man is able not only to what live in society. Or for man is not able, right? To live alone in society, right? Not what. With others, some kind of custom, right? Third, as regards suitable circumstances, right? He says fitting to place and what time, huh? So you shouldn't be making jokes in church, huh? In Aristotle, is a virtue concerned with jokes and so on, right?

[15:53] huh Eutrapelia, yeah. And Shakespeare talks about that, huh? Well, his labor is lost, right? But eutrapelia means what? Easily turning, right? Whoever said he can turn away, kind of funny, right? Can

[16:13] I tell you about that? One of my colleagues there in the in the county house, you know, there there was a kind of a gold dollar, you know. Said, "Oh, that's kind of nice." So he put a dollar in and put it in his pocket, right, and take it home, right? I saw him the next day. He says, "I came home and I said to my wife, you know, oh look, I got this thing."

[16:33] He reaches his pocket, he couldn't find it. So I said, "You can't serve Mammon and God." He turned you, whatever you know. That gold coin disappeared. I don't know what happened to it His guardian angel put it back As long as you get in these envelopes, there's some change, you know. You got to put in the cup, there, you know. He said, "You think the pastor at least lets keep the change?"

[17:08] Gonna buy some donuts afterwards Yeah, yeah. So I always joke about going down to the racetrack, you know. I'm gonna increase the increase the amount, you know, by winning down the racetrack, but I'm gonna gamble with the money, you know. Amen. But that's not a good way to go, I don't think.

[17:30] My voice isn't good today. Here, third, as regards the suitable circumstances, right? Suitable to place and time, and that things he adds necessary, useful refers to this that is suitable to what salvation. That necessity refers to what? Yeah. We use the word necessity sometimes in that sense, huh? Usefulness to the what achievement of good things. Manifestation to what? Avoiding or being warned of harmful things. It could come from it from the law itself, right?

[18:14] And because it has been said that law is ordered to the common good, this is shown in the last part of the determination, and to this corresponds to all the objections. Yeah, that's pretty good, huh? What a patient man Thomas was, huh? To think all that out, huh?

[18:35] Amazing. Who's this? Who is it? This conductor there? Can't name Macarson or something. I forget. But I was turning the radio on the classical music station there, and Ed Mozart was at the thirty-third symphony. He said. This is too fast. You know, he's performing too fast. Sure enough, it's that same guy. You know, he must have whole collection of symphonies that they've been playing him all the time.

[19:06] I can recognize right away. You know, why? My brother Marcus said Beecham. You know, taught the other man how to really conduct Mozart, right? And you lose the nobility, right? He doesn't really understand the nobility of Mozart when he plays it too fast.

[19:24] It's like those guys who conduct, you know, Beethoven, and then they conduct Mozart like Beethoven. You know, just, just terrible. So Thomas pays attention to little things, huh?

[19:43] Isidore is not even Augustine, right? Augustine, the greatest of the doctors of the church. Yeah I think Thomas is a doctor, is he? Or is he? He's a doctor, yeah. Yeah, yeah They squeezed him into it somehow Yeah.

[20:07] He is a doctor. He's not a father in the church, though. Because the father is a great thing Okay. Cajetan says at the beginning of the commentary on this on the Summa. You know that Thomas seems to what inherited the mind of all the church fathers, right? Because he so reverenced them. That's true, right? Yeah Where does he say Somewhere? St. Thomas says we should read the fathers frequently, reverently, and carefully.

[20:43] Yeah, I know that text. but I'm trying to kind of say where it is now. Used to quote a lot to people. Probably got it somewhere. Mark down.

[21:06] Run across a text. Looking at my text in the sentences, one just on the use the word love there. You know, in the sentences, right? Now, the Trinity Great, nice text. Little text that Thomas brought together.

[21:21] Okay. Article four. Some more Isidorean stuff here. huh? Have you read Isidore? Have you read Isidore? No. Other than what little pieces are here.

[21:39] I think one of the brothers, the Benedictines, is named after. Yeah. Oh, to the fourth one goes forward. Thus, it seems that unsuitably Isidore has laid down the division of human laws, or human what?

[22:04] Jesus, how do you translate that? Human. Just. Yeah. Just. Just. For under the law or under the justice, he comprehends the ius gentium, right?

[22:31] Which is thus named, as he himself says, because in it, right? Because all, almost all, fere means almost, huh? Almost all the what Nations. use it, huh? Okay. Sometimes it has a sense of right or a claim. to be a good thing Yeah. Yeah.

[22:56] But as he himself says, the use iuris naturalis the natural, is what is common to all nations. Therefore, the ius gentium is not contained under the what, positive law, human law, but more under the what, natural law.

[23:25] You think Thomas was a canon lawyer the way he's going into these things. If only these canon lawyers would think of them like this That would be a better fit

[23:43] I was reading this biography of John Quincy Adams, you know, and so when he got out of Harvard, there he was he was learning law, right? And he wrote in this thing, you know, you know, dealing with wills and bankruptcies and these things, you know, driving him crazy, right? If this were, I'm reduced to this, I wish I would leave this world shortly, you know. So finally got out of that, you know.

[24:15] Washington appointed him an ambassadorial position, you know. He's thinking he'd bring it into the lawyer in the accounting house there and see what he thinks of that. He's bored of what's killing him, you know.

[24:39] Moreover, those things which have the same strength do not seem to differ formally, but only materially. But laws, club of sights, the decisions of the senate, and others of this sort which are laid down, all have the same what strength. Therefore, it seems that they did not differ except materially. But such a distinction art should not be cared for, right? Since it can be in infinitum, huh?

[25:07] Can't have anything divided in infinitum. It's got to be two or three, as Burke says. Okay. Therefore, unsuitably, this the division of what? Laws Yeah. Human laws. This division of human laws is introduced.

[25:26] Moreover, just as in the city there are princes and priests and what soldiers, so also there are other offices of men, positions of men. Therefore, it seems that it has been laid down a certain military law, right, and a public law, which consists in the priests and the magistrates. So there ought to be other laws laid down for the other offices pertaining to citizens.

[26:00] Moreover, those things which are parachidens should be omitted. But it happens to the law that it be what brought forth by this or that man, right? Therefore, it's unsuitably laid down the division of laws, human laws, from the names of legislators, as some are called what, Cornelia some Falcidia and so on. Some are called Aquilia Yeah.

[26:29] Yeah, I know. Yeah. In contrary, the authority of Isidore suffices. Yeah. Well, Thomas can make any sense out of all this. The answer should be said that each thing is able to be divided per se, according to that which is found in its what. Definition or notion. Yeah. Yeah. Just as in the notion of animal is contained anima, soul, which is either rational or what. Irrational. Yeah.

[27:25] And therefore, the animal is properly and per se divided according to rational and irrational, not, however, according to white and black, which are altogether outside of its what. Reason, right?

[27:42] Okay. Just like in geometry, you divide quadrilateral, right, by the length of the sides, right, and by the angle that they meet at, right. That's a per se division, right? But you wouldn't divide them according to green and yellow and other triangles, because that would be what accidental, right? You know. Sometimes Thomas speaks, you know, of the method of reasoned out knowledge as definiendo, defining, dividing, and demonstrating.

[28:14] But why does he give defining before dividing? Well, you have to kind of define quadrilateral before you see the way to what divide it that is per se, right? Because determining what is what left undetermined when you say four sides, right? You don't say four-sided figure where the sides are all equal or just two of them, or you know.

[28:41] Um. Okay. So he's giving more difficult example here from the soul, right? It's most difficult to know what the soul is, by the way. Sometimes saying that maxim are difficult for us.

[29:02] I think I know the soul through its powers, and its powers through its acts, and its acts through its objects. Right. I wonder what the average guy really thinks the soul is nowadays. You know. I don't think to think about it

[29:20] Yeah. Now there are many things of the what ratio of human law, according to which each what human law property and per se is able to be what divided. Right.

[29:50] For it is first of the notion of human law that is derived from the law of nature, and according to this,The jus positivum, the laid down law, is divided into the what, law of the nations and civil law. According as in two ways something can be derived from the law of nature.

[30:19] For to the law of nations it pertains those things which are derived from the law of nature, as conclusions from what, principles, yeah. As just what, sellings and buyings and so on, and others of this sort, without which men are not able to live what, with each other. Which is of the law of nature, because man is naturally a what, social animal, as is proved in the first book of the politics, huh?

[31:00] Those things which are derived from the law of nature by way of a particular determination pertain to the what, civil law. According as each city determines something civil to itself, right? So they what? What was I yesterday?

[31:26] Trying to get in the car and and he was influenced by by England, you know, where the, you know, you get in on the the other side, yeah. He's going to open the door. The lady was like, they realized. I don't know why he had this English thing on his mind, you know. But

[31:45] but that's obviously something determined, not a conclusion, right? The reason why the English might drive on that way, I don't know, but okay. Secondly, of the ratio of human law, b is that it be ordered to the what, common good of the city, right? And according to this, the human law is divided according to the diversity of those who especially give what, work towards the common good, huh?

[32:30] To to wit, the priests, huh? Praying for. people Yeah. Praying to God, yeah. It's always strikes me as funny the Latin there, right? Because we don't say what. Pray to God. Yeah, we say pray to God, right? And they say pray God, right? Thank God. Yeah. Thank God Beg God that's another way of saying Thank God Yeah. As the priests who pray for the people, pray God for the people.

[32:57] The princes governing the what, population as a whole. And the what soldiers right fighting for the what salvation of the people right and therefore for these men who are concerned with the common good right some special what laws are apt but the carpenter is not aiming so much at the common good but at the chair I want you know so I can sit at my desk and so on

[33:32] selfish guy sitting at his desk just reading the sentences I'd be a law and circuit but Thomas takes up prudence or foresight huh and the species of foresight huh and he has the foresight of the individual and the foresight of the what father and then the foresight of the general and the foresight of the head of the state right see kind of prominence there in the military there right like you have here

[34:31] so some people don't have even enough foresight to direct themselves right yeah but then you need more foresight to direct you know family because you notice that each child is somewhat different you know and and my my daughter there you know because she teaches a home schools all the ten one and he realizes you know the different ones and but it's difficult for one or you know why you have to adapt yourself to each little one huh that's that's something huh

[35:05] so it's a more universal but he foresaw and he got you know I told you I was driving with my professor Kasurik and I was in college and I said I wish I knew what was going on Washington I know what the situation was at the time he says that's a laugh he says they don't know themselves he says he talked about Saint Paul and so you know the city is almost too big to to be governed right you know if I'm walking in D.

[35:31] C. I ain't gonna spice the idea what's going on you know that's a laugh he says okay you know the bomba key men and this one The old lady there in the parish, she says, "He doesn't have any experience. He doesn't, you know." That's an understatement. Yeah.

[36:07] They're talking now, you know, about who's the better thing—the Republicans who had been governors, the Republicans who were senators, you know—and somebody say, "Well, the governor's really more like what the president does, right?" Yeah. We'll see what happens. in the race I don't know.

[36:31] So those are two different divisions, right? But based upon something different, right? I suppose in the case of the quadrilateral, you could divide it according to the length of the sides, or according to the what angles at which the sides meet, huh? It's a little simpler than this. Combine the two, right? Huh? Because the square and the rhombus have the same what sides, right? They're all equal.

[37:09] And the the rhomboid and the oblong, right, have unequal what sides, yeah. But they're all they're all what parallelograms, right? With the opposite sides and angles equal. And you have the odd trapezium, right? Where you have a real mess, huh? You don't subdivide the trapezium.

[37:48] Third the ratio of law, human law, is that it is what instituted, right, by the one governing the community of the what city. And according to this, are distinguished what human laws according to diverse

[38:07] rules of the city, right? Of which one, according to the philosopher, is the what? Yeah, was ruled by one man. And according to this, are taken the constitutions of the princes. Another what regimen is what aristocracy, which is the what rule of the best, huh?

[38:33] According to this, are taken the what response of the prudent and the senate, and the old man who are wise, huh? Not senior, but wise, you know, from from the aging experience. Another rule is that of oligarchy, of the few princes, divide what rich and powerful. And according to this, is taken the what. jus praetorium, which is also called the Honorarium. That's kind of new to me.

[39:06] Those words. Another regiment is that of the people, which is named Democratia. And according to this, are taken the plebiscites. They put these enough to vote now. Sometimes, you know, homosexual marriage—all these things are coming up.

[39:29] Another is Tyrannical, which is altogether what corrupt, huh? Whence from this is not taken any what law. There's also some regiment which is mixed from these, which is the Optimum, right?

[39:48] According to this, is taken law, which what the greater by birth, together with the people, sanctioned This is what it says. Aristotle. talks a little about that. Usually, Aristotle, you know, they divide the government into what six kinds, right? Huh? They rule the one, the few, and the many, and for the common good, and for the what? Private good. And if it's for the private good, then it's bad, right?

[40:20] Now the question is, how is it possible that one part of the city rules the city for the good of one part? Either because they're they're more powerful in some way, right? Either because of numbers, then you have democracy in the pejorative sense, or they're what richer than the rest, then you have oligarchy, and then you have, or else military power, and you have the tyranny, right?

[40:48] But but kingship and being named a good thing is one man like Louis of France, right? Um, for the good of the common good, right? Louis of France. Yeah,

[41:04] yeah. Then you have the rule of the what virtuous, right? Or the rule of what middle class and so on. Okay. So the tyrannicum omnino corruptum, right?

[41:32] Now the fourth thing that is of the notion of human law is it to be directive of human acts, and according to this, according to diverse things about which laws are given, are distinguished laws which are sometimes named from their what authors, like the Julian Law from Julius Caesar, I guess, about adultery, adulteries, and the Law of Cornelius, right? The Securius, and thus about others, not about not in account of the authors, but in account of the things about which they are.

[42:09] That's kind of a poor way of naming things, right? But they name you know some of these stars up there you know the man who discovered it, huh? Or they name the or the place you know where the scientists are working, huh? Yeah.

[42:30] Named Caesar's head. Yeah, yeah. You can name a star. Yeah, I heard that advertising the radio. Yeah, sometimes. Yeah, yeah. I don't know if most of you appreciate that or not. I don't. Just stare out there. The steam drew you. If you if you gave over your life savings, she'd appreciate it.

[43:06] To the first, therefore, it should say that the ius gentium is in some way natural to man, right? According as it is reasonable, right? In so far as it's derived by the law from the natural law, by way of a conclusion, which is not what far removed from the beginnings. Whence easily in such things men what have agreement. Is distinguished nevertheless from the natural law, most all from that which is common to what all animals.

[43:49] What you do with all these divisions, but put down. your exam, right? Hope we won't have to pull this up on uh judgment day. That's right. I went to the pharmacy once, and I had to get some prescription for something, and the lady in front of me was something came over, and she asked how to spell the drug she was supposed to get. Oh yeah. And I said, Oh my God, we have to be able to spell it to get it.

[44:24] I said, No, that's not fair. I'm not a chemist. I don't know how to spell this. They have to be able to read the doctor's thing if they can.