Law 1 15

such as the periodic law in chemistry, the law of diminishing returns in

economics, or Grimm's law in philology; or they may express mere social
customs, such as the laws of etiquette, parliamentary law, the laws of diplo
matic protocol, which are the accepted procedures among modern civilized
peoples, but might not prevail in other times and cultures.
Law in the proper sense is a rule and measure of acts directing them
to their proper ends. It imposes some kind of necessity on the beings it
directs. It may be of two kinds:

(1) Physical law, imposing physical necessity, or

(2) Moral law, imposing moral necessity

Physical law directs nonfree beings to uniform action toward their

ends by an inner necessity of their nature. Though laws of physics, chem
istry, biology, and allied sciences may be considered as mere formulas
expressing how bodies are observed to act, we recognize that this observed
uniformity does not happen accidentally. It is the very nature of the bodies
and the structure of the universe that necessitates them to act as they do.
This necessitation identified with the very nature of things and determining
for them their mode of activity is what we call physical law. It is obvious
that nonfree beings cannot rebel against their own very nature or essence,
and that disobedience to physical law is impossible. Not so with moral
law.
Moral law directs free beings to act toward their ends by imposing
obligation on the free will. This obligation or duty or oughtness is called
moral necessity. Since it is imposed on free beings, it cannot be physically
compelling, but it is no less peremptory or demanding than physical law,
since free beings must reach their ends just as thoroughly as nonfree beings.
Hence moral laws can be broken by the beings bound by them, but they
ought not to be broken, and moral necessity means precisely this: that
they ought not to be broken. All other acts are regulated by physical law,
but human acts are governed by moral law.

DEFINITION OF LAW
Law in its strictest sense means moral law. St. Thomas gives us the

c^asjsical definition of it:

"Law is nothing else than an ordinance of reason for the common good,
promulgated by him who has the care of the community."*

An ordinance. This distinguishes a law from a mere counsel, a piece

of advice, a suggestion put forth to make things easier, but without any
real binding force. An ordinance is an order, a command, a mandate,
imposing obligation or moral necessity. It is the imposition of the superior's
will on the will of the inferior, and must be expressed in a mandatory or
imperative form.

*Summa Theologica, I-II, q. 90, a. 4.

Right and reason

Of imposed by the superior's will, is formulated

reason. Law, though
by his intellect planning and directing faculty. As directing beings
as the
to their ends, law must be no arbitrary whim but a dictate of right reason ;
it must be reasonable. To be reasonable a law should be consistent, both
with itself and with other laws, for no one can keep contradictory obliga
tions; respecting existing rights guaranteed by higher laws and dis
just,
tributing burdens equitably; observable, for no one can do the impossible
or be reasonably expected to do what is too harsh and difficult; enforceable,
otherwise only the good will keep the law and the wicked, who need re
straint, will go free; useful, for a law is a means to an end and needless
restriction of liberty serves no purpose.
For the common good. Thus a law differs from a command, order,
precept, or injunction laid on an individual person. The latter may bind
a person quite as strongly as a law, for a son must obey his father no less
than a citizen must obey the state, but the two have different functions.
A law looks always to the common good, the benefit of the community
as a whole, not to private or personal good. A law is usually territorial,

it,
binding all in a certain region and only when they are in whereas per
sonal orders follow the person everywhere. law at least relatively

is
permanent, for rule of action and rules are not made for single
is
it

acts. law always from public authority, lasts until repealed, and may
A

is

bind succeeding generations, but personal orders cease with the death or
removal from office of the one who gave them.
Promulgated. Promulgation making the law known to those whom
is

binds. Certainly a law useless those expected to obey do not

if

it
it

is

know of its existence. Proper promulgation does not require the superior
to make sure that each and every subject knows the law, but must be

it
published in such way that they can know without too much difficulty.
it
a

The manner of promulgation will depend on the nature of the law, the
customs of the people, and on circumstances generally. Once promulgated,
it;

a law binds objectively though individuals be unaware of they can

be excused subjectively through invincible ignorance. The civil law will
not usually accept the excuse of ignorance, for there no way of telling
is

whether the person lying.

is

him who the care the community. law must be authori

A

By has
of

tative. It must come from lawgiver or legislator having jurisdiction. The

a

lawgiver may be a physical person, which a single individual, or a

is

moral person, which a body or board passing laws by joint action.

is

Jurisdiction the right to impose or administer law; in secondary

is

sense sometimes means the territory or sphere within which

it

superior
a

may legitimately act. Jurisdiction pertains to the authority of a legitimate

evident that not anyone who pleases can pass a law, but
It

superior.
is

something must set the lawgiver off from the rest and give him the right
to command; this his authority.
is

Thus we see that law must be mandatory, reasonable, for the com
a

mon good, promulgated, and authoritative. If any of these characteristics

 Law 117

be lacking, an alleged law is not a genuine law and cannot impose moral
obligation.

LAW AND FREEDOM

Freedom in its broadest sense means absence of bonds, ties, or restraints.
Law is said to bind those subject to and whoever bound finds his

it,

is is
freedom curtailed to some extent. But not all freedom necessarily good;
in its broadest meaning the word covers a vicious license as well as true
liberty. The purpose of law to eliminate the first and promote the second.

is
How does produce this effect? One can be bound by various kinds of
it

bonds and those imposed by law are of special nature. There are three

a
kinds of freedom corresponding to three kinds of bonds:
When we think of bonds there immediately come to mind such
1.

things as chains, ropes, bars, prison walls. The one bound subjected to

is
force, violence, coercion, applied from outside him. Such bonds impose
external physical necessity, which compels or restrains bodily actions only
and cannot touch the inner act of the will. Freedom from such external
compulsion called freedom of spontaneity. In this sense man turned
is

a
out of prison set free, an uncaged animal roams about freely.
is

Less obvious but more rigorous bonds are imposed by the inner
2.

determination of a being's own nature. A being lacking free will utterly

is
subject to its own natural tendencies and instincts, and must act in the
way its nature prescribes for it. The nature of a being imposes on

it
internal physical necessity; this the domain of the physical laws, which
is

are not the kind of laws we are dealing with in ethics. Freedom from
such inner determination of one's nature called freedom of choice or
is

will, which the of a rational in this sense

It

prerogative being.
is

is

free
that we speak of a human act as being done voluntarily and freely.
In contrast to the two kinds of physical bonds, outer and inner,
3.

mentioned above, there are also moral bonds, which are ways of restraining
the free will of rational beings by the authority of a commanding will.
Moral bonds are laws in the strictest sense, moral laws as opposed to
physical laws, and the necessity they impose called moral necessity,
is

which the same as oughtness, obligation, or duty. Freedom from law,

is

from dictation by a commanding will, called freedom of independence.

is

In this sense Americans by the War of Independence became free from

the laws of England, man whose wife has died free to marry again,
is
a

a man discharged from the army free at least for a time from further
is

military service.
Because the bonds are different, one kind of freedom may exist without
the other. Hence man can retain his free will and yet be bound by
a

it, a

law. He may be physically free to do an act, because he able to do

is

but he may not be morally free, because he ought not to do it.

Here we see the difference between the last type of freedom, freedom
of independence, and the other two types.
It

a perfection to be free
is

from the compulsion of external force and from the determinism of

a