238. Derivation of All Laws from Eternal Law

Summary

This lecture addresses whether every law is derived from the eternal law, examining objections concerning unjust laws, the law of the flesh, and the nature of lawfulness. Berquist works through Thomas Aquinas’s systematic responses, establishing that all laws partaking of right reason are derived from eternal law, while unjust laws have only a diminished sense of law and are more properly called violence. The lecture also explores the relationship between divine authority, natural law, and human legislation.

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Lecture Notes

Main Topics #

The Derivation of All Laws from Eternal Law #

Core principle: All laws insofar as they partake of right reason are derived from the eternal law
The eternal law functions as the supreme principle from which all other laws must be derived
This operates analogously to how secondary movers derive their power from the first mover
Governors (at all levels) derive their reason of governance from the supreme governor (God)
Example: Just as a king’s precepts flow to lower administrators, God’s eternal law flows through secondary causes

Unjust Laws and Violence #

Unjust laws have only a diminished sense of law; they are more properly called violentia (violence)
Human law has the notion of law insofar as it accords with right reason
Insofar as human law is iniquitous, it is not truly law but violence—a force contrary to natural inclination
Even iniquitous laws derive from eternal law in a very limited sense: insofar as they reflect the authority (potestas) of the lawgiver (since all power comes from God)
The example of abortion legislation: A law permitting abortion is called law only in an extremely diminished sense; it is institutionalized violence

Permission vs. Approval in Human Law #

Human law is said to permit certain things—not as approving them, but as being unable to direct them
Permitting something is fundamentally different from approving or justifying it
Many things are directed by divine law that cannot be directed by human law
Augustine’s principle: Human law permits things that divine providence will punish (e.g., prostitution, divorce)
The distinction: One permits what cannot be controlled while maintaining disapproval; one should never justify or approve sin through careful parsing of words
Application: Bishops or legislators who attempt to create mechanisms to allow same-sex unions are effectively approving sin, not merely permitting it

Violence as Opposition to Natural Inclination #

Violentia (violence) is force applied against natural inclination or coercion against the voluntary
It is something opposed to the natural (contra naturam)
All contraception, even consensual, constitutes a kind of violence because it opposes natural inclination
Etymological connection: violentia (violence) relates to violatio (violation)
A law permitting intrinsically evil acts constitutes institutionalized violence, not true law

The Necessity of Derivation: Hierarchical Causation #

In any ordered hierarchy of movers, the second mover does not move except insofar as moved by the first
The same principle applies to governors: the reason of government in lower governors is derived from the highest governor
Aristotle discusses this principle at the beginning of the Ethics
Example: In an army, order manifests more clearly than in a city; the army illustrates how orders flow from the commander through officers to soldiers
Personal example: A company owner demonstrates a new procedure to one skilled worker, who then teaches others—the “reason” for the procedure flows from the originator through intermediaries

Key Arguments #

Objection 1: Not Every Law Derives from Eternal Law #

First argument: The law of the flesh (lex carnalis) exhibits the prudence of the flesh, which St. Paul says cannot be subject to God’s law; therefore it cannot derive from eternal law
Second argument: Nothing iniquitous can proceed from eternal law (since eternal law is by which all things are most ordered); yet unjust laws exist; therefore not all laws proceed from eternal law
Citation: Isaiah 10 condemns those who make unjust laws
Augustine’s principle: Human law permits things that will be punished by divine providence, yet the ratio of divine providence is the eternal law

Objection 2: Against All This (Scriptural Foundation) #

Proverbs 8:15: “Through me kings rule and makers of law discern just things”
Resolution: The ratio of divine wisdom is the eternal law; therefore all laws proceed from eternal law

Thomas’s Response to Article 3 #

Fundamental distinction: Law implies a directive thought toward actions’ proper ends
In all ordered hierarchies of movers, the virtue/power of the second mover is derived from the first mover
Application to governance: The reason of government in lower governors is derived from the supreme governor
The law of the flesh: Insofar as it is a punishment following divine justice, it derives from eternal law (in a diminished sense); insofar as it inclines toward sin, it is contrary to God’s law and lacks the notion of law
Unjust laws: Have the notion of law only insofar as they preserve the order of the lawgiver’s authority; insofar as they are iniquitous, they are violence, not law
Principle: Laws partake of right reason to the extent they are derived from eternal law; only to that extent are they truly law

Important Definitions #

Lex (Law) #

A directive thought (cogitatio) ordering actions toward their proper end
Requires partaking of right reason to have true legal status
When it lacks right reason, it is more properly called violentia

Violentia (Violence) #

Force applied against natural inclination (contra naturam)
Coercion or coaction against the voluntary
Distinguished from law as something opposed to the natural order rather than directive toward the good

Permittere vs. Approbare (To Permit vs. To Approve) #

To permit: To allow something while being unable to direct it; this does not constitute approval
To approve: To justify or endorse through reason; this constitutes sin and cooperation in sin
These are categorically different actions with different moral implications
Careful distinction: Bishops who permit same-sex unions in certain contexts while ostensibly maintaining opposition are in fact approving through indirect means

Ratio (Reason/Thought) #

The governing principle or thought by which something is ordered
In the context of eternal law: the divine wisdom as directive of all acts and motions
In governance: the principle by which a governor orders those under him

Examples & Illustrations #

The Hierarchical Cascade of Authority #

A king’s precepts flow through lower administrators (prefects, judges) to the people
Each lower administrator possesses authority only insofar as they participate in the king’s reason of governance
Similarly, all earthly law derives its legitimate authority from God’s eternal law

The Army’s Order #

Aristotle uses the military as an example because the order of command is more manifest than in a city
General → officers → soldiers illustrates how orders cascade through a hierarchy
The reason for military action originates with the commander and flows through intermediate ranks

The Architect and Artisans #

A chief architect determines the reason for artificial acts (how something should be made)
Lower artisans who work by hand operate according to the architect’s reason
They do not originate the reason for their work; they execute the reason given by the architect

The Company and Procedure #

Berquist’s father’s company: When introducing a new product or procedure, one skilled worker is shown how to do it and then teaches the others
This worker is “naturally talented” at executing and transmitting the procedure
The reason for the procedure originates with the company but is transmitted through intermediaries

The Perfect vs. The Complete (Equivocation of Terms) #

Aristotle’s discussion of being (to on) shows how one term can be used in vastly different ways
Example: We say a thing is “complete” when fully actualized (a complete house); we also say a house is “completely” destroyed/burned
In the second case, “complete” means the opposite of what we mean in the first case
Similarly, law can be used analogously: truly of just laws, only in a diminished sense of unjust laws
Just as being can be spoken of in many ways (substance, accident, coming-to-be, negations), so can law

Abortion and “Law” #

A law permitting abortion is called “law” only in the most diminished sense
It is more properly violentia (institutionalized violence) than true law
The question becomes: Is this really a law or is it violence? People should be pressed on this point

Questions Addressed #

Article 3: Does Every Law Derive from Eternal Law? #

Question: Can unjust laws and the law of the flesh derive from the eternal law?
Resolution: Unjust laws are not truly laws but violence. Insofar as they reflect the lawgiver’s authority, they derive from eternal law in a diminished sense; insofar as they incline toward sin, they are contrary to it and lack the notion of law altogether. The law of the flesh, as punishment, is subject to divine justice; as inclination to sin, it opposes God’s law.

Question: Can Catholic legislators justly support restrictions on abortion even if not abolishing it entirely?
Resolution: Yes. Human law cannot direct all things that divine law directs. Supporting a restriction (e.g., no abortion after three months) does genuine good, even if the perfect good (complete abolition) cannot be achieved. This is not voting for evil but for the restriction of evil to the extent possible. One must never approve abortion; one may support lesser restrictions as the best achievable outcome.

Question: May bishops or legislators permit same-sex unions through legal mechanisms while maintaining they oppose them?
Resolution: No. If one carefully constructs mechanisms to make something permissible while maintaining verbal opposition, one is actually approving it, not merely permitting it. Cooperation in sin can be direct or indirect. Careful parsing of language that effectively approves what is nominally opposed remains approval and cooperation in sin.

Connections to Broader Thomistic Thought #

Natural Law (Future Topic) #

The eternal law is the foundation for natural law
All creatures participate in eternal law according to their capacity
Rational creatures have a special participation through knowledge and natural inclination

Divine Providence #

The eternal law as the reason of divine governance encompasses divine providence
Even defects in nature are subject to eternal law through divine providence

Authority and Power #

All legitimate earthly authority derives from God
Christ’s statement to Pilate (John 19:11): Authority over Him exists but comes from God; it may be used or abused
The principle: Omnis potestas a Domino (All power is from the Lord)

Virtue, Vice, and Law #

The good are subject to eternal law perfectly because they act according to it through virtue and grace
The wicked are subject to it imperfectly: their inclination to good is corrupted by vice, but they undergo what eternal law dictates through punishment
Virtue is the road to happiness; vice leads to misery