assertion: inherent in nature of law that it be justly established, 128–129; Three phases of justice necessary to enactment of law, 129–133; Suárez’s third assertion: inherent in nature of law that it be practicable, 133; Confirmation of this doctrine, 133–137; Difference between injustice in a law as regards subject-matter and mode, 137.
[Chapters X and XI omitted from these Selections.]
XII. What Definition of Law (Lex) Is Derived from the Conditions of Law Above Set Forth?
Various definitions of law, 138–140; St. Thomas’s definition, 140; Discussion of his definition, 140–142; Suárez’s definition, 142.
[Chapters XIII–XVII omitted from these Selections.]
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XVIII. Are All Men in This Life Subject to Law and Bound by It?
The question as defined by Suárez, 143; Heretical theory that just men are exempt from binding force of law, 143–145; All men subject to law, according to Catholic Faith, 145–146; Wicked Christians bound by law of Gospel, 146; How just Christians are bound by law, 147–149; Refutation of arguments of heretics, 149–150.
[Chapters XIX and XX omitted from these Selections.]
BOOK II: ON THE ETERNAL LAW, THE NATURAL LAW, AND THE IUS GENTIUM
I. Is There Any Eternal Law; and, What Necessity Is There for the Same?
Four arguments denying the existence of eternal law, 152; Its existence proclaimed by various theologians, 153–155; Two phases of law, 155–156; Replies to first and second arguments, 156; Answer of certain writers to third argument regarding promulgation of eternal law, 157–160; Promulgation not required for eternal law, 160–161.
Certain acts regulated by eternal law, 161–162; Whether that law is the rule of immanent acts of God, 162; Whether it is the measure of free acts of God, 163–164; First proposition: eternal law as rule of moral conduct is not imposed on God, 165–168; Second proposition: eternal law applies to things governed but is not applicable to God Himself, 168; Whether irrational and inanimate creatures are subject to eternal law, 168–171; Whether all moral actions are subject to eternal law, 171–172; St. Augustine’s theory regarding the sway of eternal law, 172–173.
Whether eternal law is a free or necessary act of God, 174; Eternal law includes act of divine will, 174–176; Eternal law a free decree of the will of God as regards all the universe, 176–178; Eternal law considered as existing in divine intellect, 178–179; Distinction between eternal law of God and His Ideas, 179; Eternal law distinguished from
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providence, 180–181; Effects of eternal law, 181–183; Whether eternal law is one or manifold, 184; Conclusion of Suárez, 184.
Binding force of eternal law, 186–187; Whether other laws derive binding force from eternal law, 187; Its relation to divine law, 187–190; To human law, 190; Difference between eternal divine law and human law, 191; How eternal law is made known to man, 192; Eternal law binding through medium of divine or human law, 193.
V. Is the Natural Law Natural Right Reason Itself?
Nature of this question, 194; First opinion: natural law consists formally in rational nature itself, 194–195; Arguments in support of this opinion, 195–197; Arguments against this opinion; its rejection, 197–200; Second opinion: law of nature a natural force called natural reason, 200; Confirmation of this opinion, 201–204; Whether natural law consists in an act of judgment or a mental habit, 204–205; Natural law distinguished from conscience, 205.
VI. Is the Natural Law in Truth Preceptive Divine Law?
Doubt: whether natural law is true law, 206–207; Whether God is the legislator of natural law, 207–208; First opinion: natural law a demonstrative law, 208–209; Second opinion: natural law a divine and preceptive law, 209–210; Suárez’s first proposition: natural law indicates what is good or evil and contains prohibitions of evil and command of good, 210–211; Arguments in support of this theory, 211–217; Second proposition: the good or evil involved in the observance or transgression of natural law is not only due to the divine will but presupposes inherent qualities of good or evil in such acts, 217–220; Third proposition: natural law is truly and properly divine law of which God is author, 220–221; Discussion of the bearing of natural law on evil acts, 221–226; Whether the divine will itself prescribes or forbids those things which come under natural law, 226–230; The promulgation of natural law through right reason, 230–232.
VII. What Is the Subject-Matter Dealt with by Natural Law; or, What Are the Precepts of That Law?
Subject-matter of natural law, 232; Difference between natural law and other laws, 232; Whether or not every moral good and every contrary evil fall under natural law, 232; Contrary opinions, 233–234; Reply of
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Suárez: natural law includes all moral precepts characterized by goodness necessary to right conduct, 234–235; Confirmation of this assertion by reasoning, 235–237; Gratian’s statement regarding natural law, 237–239; Suárez’s reply to contrary opinion, 239–240; Whether all virtuous actions fall under natural law, 240–243.
VIII. Is the Natural Law One Unified Whole?
Three questions regarding unity of natural law, 243–244; Two phases of natural law: that of humanity, and that of grace, 244; As regards the individual there are many natural precepts, but all form one unified body of law, 244–245; Classification of these precepts, 245–246; Natural law a unified whole with respect to all men, 246–247; Whether ignorance of natural precepts is invincible, 248–249; Natural law a single law, with respect to all times and every condition of human nature, 249–250.
IX. Is the Natural Law Binding in Conscience?
Effects of natural law, 250; Natural law is binding in conscience, 251–253; Whether every natural obligation carries with it an obligation in conscience, 253–254; Moral obligation not necessarily an obligation in conscience,
