WatsonOverHere/Summa_Theologica huggingface dataset:
Q: Whether Human Law Should Always Be Changed, Whenever Something Better Occurs?

A: On the contrary,
It is stated in the Decretals (Dist. xii, 5): "It is absurd, and a detestable shame, that we should suffer those traditions to be changed which we have received from the fathers of old."

I answer that,
As stated above (A. 1), human law is rightly changed, in so far as such change is conducive to the common weal. But, to a certain extent, the mere change of law is of itself prejudicial to the common good: because custom avails much for the observance of laws, seeing that what is done contrary to general custom, even in slight matters, is looked upon as grave. Consequently, when a law is changed, the binding power of the law is diminished, in so far as custom is abolished. Wherefore human law should never be changed, unless, in some way or other, the common weal be compensated according to the extent of the harm done in this respect. Such compensation may arise either from some very great and every evident benefit conferred by the new enactment; or from the extreme urgency of the case, due to the fact that either the existing law is clearly unjust, or its observance extremely harmful. Wherefore the Jurist says [*Pandect. Justin. lib. i, ff., tit. 4, De Constit. Princip.] that "in establishing new laws, there should be evidence of the benefit to be derived, before departing from a law which has long been considered just."

Reply Obj. 1: Rules of art derive their force from reason alone: and therefore whenever something better occurs, the rule followed hitherto should be changed. But "laws derive very great force from custom," as the Philosopher states (Polit. ii, 5): consequently they should not be quickly changed.

Reply Obj. 2: This argument proves that laws ought to be changed: not in view of any improvement, but for the sake of a great benefit or in a case of great urgency, as stated above. This answer applies also to the Third Objection.
Q: Objection 1: It would seem that human law should be changed, whenever something better occurs. Because human laws are devised by human reason, like other arts. But in the other arts, the tenets of former times give place to others, if something better occurs. Therefore the same should apply to human laws.

Obj. 2: Further, by taking note of the past we can provide for the future. Now unless human laws had been changed when it was found possible to improve them, considerable inconvenience would have ensued; because the laws of old were crude in many points. Therefore it seems that laws should be changed, whenever anything better occurs to be enacted.

Obj. 3: Further, human laws are enacted about single acts of man. But we cannot acquire perfect knowledge in singular matters, except by experience, which "requires time," as stated in
Ethic.
ii. Therefore it seems that as time goes on it is possible for something better to occur for legislation.
Q: Objection 1: It would seem that custom cannot obtain force of law, nor abolish a law. Because human law is derived from the natural law and from the Divine law, as stated above (Q. 93, A. 3; Q. 95, A. 2). But human custom cannot change either the law of nature or the Divine law. Therefore neither can it change human law.

Obj. 2: Further, many evils cannot make one good. But he who first acted against the law, did evil. Therefore by multiplying such acts, nothing good is the result. Now a law is something good; since it is a rule of human acts. Therefore law is not abolished by custom, so that the mere custom should obtain force of law.

Obj. 3: Further, the framing of laws belongs to those public men whose business it is to govern the community; wherefore private individuals cannot make laws. But custom grows by the acts of private individuals. Therefore custom cannot obtain force of law, so as to abolish the law.
Q: Whether the Rulers of the People Can Dispense from Human Laws?

A: On the contrary,
The Apostle says (1 Cor. 9:17): "A dispensation is committed to me."

I answer that,
Dispensation, properly speaking, denotes a measuring out to individuals of some common goods: thus the head of a household is called a dispenser, because to each member of the household he distributes work and necessaries of life in due weight and measure. Accordingly in every community a man is said to dispense, from the very fact that he directs how some general precept is to be fulfilled by each individual. Now it happens at times that a precept, which is conducive to the common weal as a general rule, is not good for a particular individual, or in some particular case, either because it would hinder some greater good, or because it would be the occasion of some evil, as explained above (Q. 96, A. 6). But it would be dangerous to leave this to the discretion of each individual, except perhaps by reason of an evident and sudden emergency, as stated above (Q. 96, A. 6). Consequently he who is placed over a community is empowered to dispense in a human law that rests upon his authority, so that, when the law fails in its application to persons or circumstances, he may allow the precept of the law not to be observed. If however he grant this permission without any such reason, and of his mere will, he will be an unfaithful or an imprudent dispenser: unfaithful, if he has not the common good in view; imprudent, if he ignores the reasons for granting dispensations. Hence Our Lord says (Luke 12:42): "Who, thinkest thou, is the faithful and wise dispenser [Douay: steward], whom his lord setteth over his family?"

Reply Obj. 1: When a person is dispensed from observing the general law, this should not be done to the prejudice of, but with the intention of benefiting, the common good.

Reply Obj. 2: It is not respect of persons if unequal measures are served out to those who are themselves unequal. Wherefore when the condition of any person requires that he should reasonably receive special treatment, it is not respect of persons if he be the object of special favor.

Reply Obj. 3: Natural law, so far as it contains general precepts, which never fail, does not allow of dispensations. In other precepts, however, which are as conclusions of the general precepts, man sometimes grants a dispensation: for instance, that a loan should not be paid back to the betrayer of his country, or something similar. But to the Divine law each man stands as a private person to the public law to which he is subject. Wherefore just as none can dispense from public human law, except the man from whom the law derives its authority, or his delegate; so, in the precepts of the Divine law, which are from God, none can dispense but God, or the man to whom He may give special power for that purpose.

QUESTION 98

OF THE OLD LAW (In Six Articles)

In due sequence we must now consider the Old Law; and (1) The Law itself; (2) Its precepts. Under the first head there are six points of inquiry:

(1) Whether the Old Law was good?
Q: Objection 1: It would seem that the rulers of the people cannot dispense from human laws. For the law is established for the "common weal," as Isidore says (Etym. v, 21). But the common good should not be set aside for the private convenience of an individual: because, as the Philosopher says (Ethic. i, 2), "the good of the nation is more godlike than the good of one man." Therefore it seems that a man should not be dispensed from acting in compliance with the general law.

Obj. 2: Further, those who are placed over others are commanded as follows (Deut. 1:17): "You shall hear the little as well as the great; neither shall you respect any man's person, because it is the judgment of God." But to allow one man to do that which is equally forbidden to all, seems to be respect of persons. Therefore the rulers of a community cannot grant such dispensations, since this is against a precept of the Divine law.

Obj. 3: Further, human law, in order to be just, should accord with the natural and Divine laws: else it would not "foster religion," nor be "helpful to discipline," which is requisite to the nature of law, as laid down by Isidore (Etym. v, 3). But no man can dispense from the Divine and natural laws. Neither, therefore, can he dispense from the human law.
Q: Objection 1: It would seem that the Old Law was not good. For it is written (Ezech. 20:25): "I gave them statutes that were not good, and judgments in which they shall not live." But a law is not said to be good except on account of the goodness of the precepts that it contains. Therefore the Old Law was not good.

Obj. 2: Further, it belongs to the goodness of a law that it conduce to the common welfare, as Isidore says (Etym. v, 3). But the Old Law was not salutary; rather was it deadly and hurtful. For the Apostle says (Rom. 7:8, seqq.): "Without the law sin was dead. And I lived some time without the law. But when the commandment came sin revived; and I died." Again he says (Rom. 5:20): "Law entered in that sin might abound." Therefore the Old Law was not good.

Obj. 3: Further, it belongs to the goodness of the law that it should be possible to obey it, both according to nature, and according to human custom. But such the Old Law was not: since Peter said (Acts 15:10): "Why tempt you (God) to put a yoke on the necks of the disciples, which neither our fathers nor we have been able to bear?" Therefore it seems that the Old Law was not good.
Q: Objection 1: It would seem that the Old Law was not from God. For it is written (Deut. 32:4): "The works of God are perfect." But the Law was imperfect, as stated above (A. 1). Therefore the Old Law was not from God.

Obj. 2: Further, it is written (Eccles. 3:14): "I have learned that all the works which God hath made continue for ever." But the Old Law does not continue for ever: since the Apostle says (Heb. 7:18): "There is indeed a setting aside of the former commandment, because of the weakness and unprofitableness thereof." Therefore the Old Law was not from God.

Obj. 3: Further, a wise lawgiver should remove, not only evil, but also the occasions of evil. But the Old Law was an occasion of sin, as stated above (A. 1, ad 2). Therefore the giving of such a law does not pertain to God, to Whom "none is like among the lawgivers" (Job 36:22).

Obj. 4: Further, it is written (1 Tim. 2:4) that God "will have all men to be saved." But the Old Law did not suffice to save man, as stated above (A. 1). Therefore the giving of such a law did not appertain to God. Therefore the Old Law was not from God.
Q: Whether the Old Law Was Given Through the Angels?

A: On the contrary,
The Apostle said (Gal. 3:19) that the Law was "given [Vulg.: 'ordained'] by angels in the hand of a Mediator." And Stephen said (Acts 7:53): "(Who) have received the Law by the disposition of angels."

I answer that,
The Law was given by God through the angels. And besides the general reason given by Dionysius (Coel. Hier. iv), viz. that "the gifts of God should be brought to men by means of the angels," there is a special reason why the Old Law should have been given through them. For it has been stated (AA. 1, 2) that the Old Law was imperfect, and yet disposed man to that perfect salvation of the human race, which was to come through Christ. Now it is to be observed that wherever there is an order of powers or arts, he that holds the highest place, himself exercises the principal and perfect acts; while those things which dispose to the ultimate perfection are effected by him through his subordinates: thus the ship-builder himself rivets the planks together, but prepares the material by means of the workmen who assist him under his direction. Consequently it was fitting that the perfect law of the New Testament should be given by the incarnate God immediately; but that the Old Law should be given to men by the ministers of God, i.e. by the angels. It is thus that the Apostle at the beginning of his epistle to the Hebrews (1:2) proves the excellence of the New Law over the Old; because in the New Testament "God . . . hath spoken to us by His Son," whereas in the Old Testament "the word was spoken by angels" (Heb. 2:2).

Reply Obj. 1: As Gregory says at the beginning of his Morals (Praef. chap. i), "the angel who is described to have appeared to Moses, is sometimes mentioned as an angel, sometimes as the Lord: an angel, in truth, in respect of that which was subservient to the external delivery; and the Lord, because He was the Director within, Who supported the effectual power of speaking." Hence also it is that the angel spoke as personating the Lord.

Reply Obj. 2: As Augustine says (Gen. ad lit. xii, 27), it is stated in Exodus that "the Lord spoke to Moses face to face"; and shortly afterwards we read, "'Show me Thy glory.' Therefore He perceived what he saw and he desired what he saw not." Hence he did not see the very Essence of God; and consequently he was not taught by Him immediately. Accordingly when Scripture states that "He spoke to him face to face," this is to be understood as expressing the opinion of the people, who thought that Moses was speaking with God mouth to mouth, when God spoke and appeared to him, by means of a subordinate creature, i.e. an angel and a cloud. Again we may say that this vision "face to face" means some kind of sublime and familiar contemplation, inferior to the vision of the Divine Essence.

Reply Obj. 3: It is for the sovereign alone to make a law by his own authority; but sometimes after making a law, he promulgates it through others. Thus God made the Law by His own authority, but He promulgated it through the angels.
Q: Objection 1: It seems that the Old Law was not given through the angels, but immediately by God. For an angel means a "messenger"; so that the word "angel" denotes ministry, not lordship, according to Ps. 102:20, 21: "Bless the Lord, all ye His Angels . . . you ministers of His." But the Old Law is related to have been given by the Lord: for it is written (Ex. 20:1): "And the Lord spoke . . . these words," and further on: "I am the Lord Thy God." Moreover the same expression is often repeated in Exodus, and the later books of the Law. Therefore the Law was given by God immediately.

Obj. 2: Further, according to John 1:17, "the Law was given by Moses." But Moses received it from God immediately: for it is written (Ex. 33:11): "The Lord spoke to Moses face to face, as a man is wont to speak to his friend." Therefore the Old Law was given by God immediately.

Obj. 3: Further, it belongs to the sovereign alone to make a law, as stated above (Q. 90, A. 3). But God alone is Sovereign as regards the salvation of souls: while the angels are the "ministering spirits," as stated in Heb. 1:14. Therefore it was not meet for the Law to be given through the angels, since it is ordained to the salvation of souls.
Q: Objection 1: It would seem that the Old Law should not have been given to the Jews alone. For the Old Law disposed men for the salvation which was to come through Christ, as stated above (AA. 2, 3). But that salvation was to come not to the Jews alone but to all nations, according to Isa. 49:6: "It is a small thing that thou shouldst be my servant to raise up the tribes of Jacob, and to convert the dregs of Israel. Behold I have given thee to be the light of the Gentiles, that thou mayest be My salvation, even to the farthest part of the earth." Therefore the Old Law should have been given to all nations, and not to one people only.

Obj. 2: Further, according to Acts 10:34, 35, "God is not a respecter of persons: but in every nation, he that feareth Him, and worketh justice, is acceptable to Him." Therefore the way of salvation should not have been opened to one people more than to another.

Obj. 3: Further, the law was given through the angels, as stated above (A. 3). But God always vouchsafed the ministrations of the angels not to the Jews alone, but to all nations: for it is written (Ecclus. 17:14): "Over every nation He set a ruler." Also on all nations He bestows temporal goods, which are of less account with God than spiritual goods. Therefore He should have given the Law also to all peoples.
Q: Whether All Men Were Bound to Observe the Old Law?

A: On the contrary,
Dionysius says (Coel. Hier. ix) that many of the Gentiles were brought back to God by the angels. But it is clear that the Gentiles did not observe the Law. Therefore some could be saved without observing the Law.

I answer that,
The Old Law showed forth the precepts of the natural law, and added certain precepts of its own. Accordingly, as to those precepts of the natural law contained in the Old Law, all were bound to observe the Old Law; not because they belonged to the Old Law, but because they belonged to the natural law. But as to those precepts which were added by the Old Law, they were not binding on any save the Jewish people alone.

The reason of this is because the Old Law, as stated above (A. 4), was given to the Jewish people, that it might receive a prerogative of holiness, in reverence for Christ Who was to be born of that people. Now whatever laws are enacted for the special sanctification of certain ones, are binding on them alone: thus clerics who are set aside for the service of God are bound to certain obligations to which the laity are not bound; likewise religious are bound by their profession to certain works of perfection, to which people living in the world are not bound. In like manner this people was bound to certain special observances, to which other peoples were not bound. Wherefore it is written (Deut. 18:13): "Thou shalt be perfect and without spot before the Lord thy God": and for this reason they used a kind of form of profession, as appears from Deut. 26:3: "I profess this day before the Lord thy God," etc.

Reply Obj. 1: Whoever are subject to a king, are bound to observe his law which he makes for all in general. But if he orders certain things to be observed by the servants of his household, others are not bound thereto.

Reply Obj. 2: The more a man is united to God, the better his state becomes: wherefore the more the Jewish people were bound to the worship of God, the greater their excellence over other peoples. Hence it is written (Deut. 4:8): "What other nation is there so renowned that hath ceremonies and just judgments, and all the law?" In like manner, from this point of view, the state of clerics is better than that of the laity, and the state of religious than that of folk living in the world.

Reply Obj. 3: The Gentiles obtained salvation more perfectly and more securely under the observances of the Law than under the mere natural law: and for this reason they were admitted to them. So too the laity are now admitted to the ranks of the clergy, and secular persons to those of the religious, although they can be saved without this.
Q: Objection 1: It would seem that all men were bound to observe the Old Law. Because whoever is subject to the king, must needs be subject to his law. But the Old Law was given by God, Who is "King of all the earth" (Ps. 46:8). Therefore all the inhabitants of the earth were bound to observe the Law.

Obj. 2: Further, the Jews could not be saved without observing the Old Law: for it is written (Deut. 27:26): "Cursed be he that abideth not in the words of this law, and fulfilleth them not in work." If therefore other men could be saved without the observance of the Old Law, the Jews would be in a worse plight than other men.

Obj. 3: Further, the Gentiles were admitted to the Jewish ritual and to the observances of the Law: for it is written (Ex. 12:48): "If any stranger be willing to dwell among you, and to keep the Phase of the Lord, all his males shall first be circumcised, and then shall he celebrate it according to the manner; and he shall be as he that is born in the land." But it would have been useless to admit strangers to the legal observances according to Divine ordinance, if they could have been saved without the observance of the Law. Therefore none could be saved without observing the Law.
Q: Objection 1: It would seem that the Old Law was not suitably given at the time of Moses. Because the Old Law disposed man for the salvation which was to come through Christ, as stated above (AA. 2, 3). But man needed this salutary remedy immediately after he had sinned. Therefore the Law should have been given immediately after sin.

Obj. 2: Further, the Old Law was given for the sanctification of those from whom Christ was to be born. Now the promise concerning the "seed, which is Christ" (Gal. 3:16) was first made to Abraham, as related in Gen. 12:7. Therefore the Law should have been given at once at the time of Abraham.

Obj. 3: Further, as Christ was born of those alone who descended from Noe through Abraham, to whom the promise was made; so was He born of no other of the descendants of Abraham but David, to whom the promise was renewed, according to 2 Kings 23:1: "The man to whom it was appointed concerning the Christ of the God of Jacob . . . said." Therefore the Old Law should have been given after David, just as it was given after Abraham.
Q: Whether the Old Law Contains Only One Precept?

A: On the contrary,
The Apostle says (Eph. 2:15): "Making void the Law of commandments contained in decrees": where he is referring to the Old Law, as the gloss comments, on the passage. Therefore the Old Law comprises many commandments.

I answer that,
Since a precept of law is binding, it is about something which must be done: and, that a thing must be done, arises from the necessity of some end. Hence it is evident that a precept implies, in its very idea, relation to an end, in so far as a thing is commanded as being necessary or expedient to an end. Now many things may happen to be necessary or expedient to an end; and, accordingly, precepts may be given about various things as being ordained to one end. Consequently we must say that all the precepts of the Old Law are one in respect of their relation to one end: and yet they are many in respect of the diversity of those things that are ordained to that end.

Reply Obj. 1: The Old Law is said to be one as being ordained to one end: yet it comprises various precepts, according to the diversity of the things which it directs to the end. Thus also the art of building is one according to the unity of its end, because it aims at the building of a house: and yet it contains various rules, according to the variety of acts ordained thereto.

Reply Obj. 2: As the Apostle says (1 Tim. 1:5), "the end of the commandment is charity"; since every law aims at establishing friendship, either between man and man, or between man and God. Wherefore the whole Law is comprised in this one commandment, "Thou shalt love thy neighbor as thyself," as expressing the end of all commandments: because love of one's neighbor includes love of God, when we love our neighbor for God's sake. Hence the Apostle put this commandment in place of the two which are about the love of God and of one's neighbor, and of which Our Lord said (Matt. 22:40): "On these two commandments dependeth the whole Law and the prophets."

Reply Obj. 3: As stated in
Ethic.
ix, 8, "friendship towards another arises from friendship towards oneself," in so far as man looks on another as on himself. Hence when it is said, "All things whatsoever you would that men should do to you, do you also to them," this is an explanation of the rule of neighborly love contained implicitly in the words, "Thou shalt love thy neighbor as thyself": so that it is an explanation of this commandment.
Q: Objection 1: It would seem that the Old Law contains but one precept. Because a law is nothing else than a precept, as stated above (Q. 90, AA. 2, 3). Now there is but one Old Law. Therefore it contains but one precept.

Obj. 2: Further, the Apostle says (Rom. 13:9): "If there be any other commandment, it is comprised in this word: Thou shalt love thy neighbor as thyself." But this is only one commandment. Therefore the Old Law contained but one commandment.

Obj. 3: Further, it is written (Matt. 7:12): "All things . . . whatsoever you would that men should do to you, do you also to them. For this is the Law and the prophets." But the whole of the Old Law is comprised in the Law and the prophets. Therefore the whole of the Old Law contains but one commandment.