Aquinas' Four Types of Law - Summa Theologiae Prima Secundae - Questions 90 - 95
Law In General
In these questions, I -II 90 - 95, Thomas builds an argument for an objective law-based morality. He talks about four types of law. Interestingly, in his conception, they are not at odds with one another. Rather, they are four types of law which are nested within each other. Each more law deals with its own unique set of more specific circumstances, but none of them are contradictory. There is the positive law, which is nested in the natural law, which is nested in the divine law, which is nested in the eternal law.
For Aquinas, happiness (in the broadest sense of the word meaning something like highest fulfillment) is both the impetus of action and the final goal of action. It is both the movement within us that pushes us forward, and the end outside of us which beckons us in its direction. It is law, through both reason and faith, that acts as the organizing belief structure that helps us attain that highest good as end. There is always a paradox present with law and freedom, though. Authentic law interacts with freedom in two inverse ways. Law limits our freedom in the sense of a freedom of choice. It tells us what we cannot do. At the same time, there is an inverse relation to freedom in the sense of doing what is best for us. By limiting our freedom of choice it shows us the pathway to choose what is actually best for us and will make us happiest in the long run. Like the lines on the road which show us where to drive so that we do not crash into other people, the law guides us through life to our highest end. All that to say is that happiness and law are not contradictory to one another, they are necessary for one another. Like having the instructions to playing a board game, you then can actually play it and have a good time.
Eternal law is the deepest sense of law in which all other forms are nested. This is because the eternal law is the nature of God himself. This law, in its fullness, transcends our understanding, but we do have glimpses of it as we begin to understand who God is. The eternal law is reflected somewhat, though, in the ordering of creation, as God is its creator. Therefore, since creation has a nature grounded in the eternal nature of God, it also has proper ends which are ordained for us in the same manner. 2 Here we can see why Aquinas holds that we have a common human nature, because we can speak about objective morality emanating from the objective nature of God's eternal essence. Thus, eternal law is something like God’s eternal conception of things which is written into nature as its highest and ultimate ordering principle, and which moves any secondary or more specific conception of nature. 3
Due to God's eternal law of himself there is written in all things a nature, or a natural way in which they are made to operate. This is first understood by the inclination of the human spirit towards goodness. With experience we can then use reason to comprehend general and self-evident principles that guide us in this inclination in the right way. From there we can apply these principles in a more specific way to practical human laws. 4 Although, when it comes to applying those principles to practical details there is often disagreement because of certain obstacles like: “perverted passions, evil habits, and evil dispositions.” This may be an explanation why certain cultures or time periods may have struggled to apply the natural principles with rectitude. 5 (Aquinas gives first principles of the natural law which are most evident to everyone, but as one logically extrapolates further and further from those principles it becomes harder for everyone to grasp. For example, "do good and avoid evil" is the most universal principle which everyone can agree on. From there one can talk about a natural law to protect the innocent, marry and reproduce, live in community, seek education and understanding, and honor the creator as authentic manifestations of human nature.)
Finally, human law, or positive law, is the application of rational moral principles of the natural law to more and more specific situations. We need guidance in these specifics because while nature gives us reason, we must train and practice in order to use it properly. Also, some people need more severe threats and punishments to get them to practice the right thing, while others do not. Thus human laws help ensure peace for all.
We derive positive law from natural law principles in two ways. (1) As conclusions demonstrated from principles and (2) by “determination,” as like in artistic work where the form is instantiated into the particular; the details may be variant yet be the same in form. When the human law is derived from the natural law in the first way, (1) it has the objective force of natural law, but in the second way (2) it does not necessarily have objective force. 7
Some Thoughts on Teleology
I will be updating this post with these thoughts in a bit.
1 - Aquinas, Thomas. Summa Theologiae. Q90, A1-2.
2 - Q91 A1-4.
3 - Q93 A3.
4 - Q91 A1-4.
5 - Q94 A4.
6 - Q91 A1-4.
7 - Q95 A1.