[I-II, Q. 99, Art. 4]

Whether, Besides the Moral and Ceremonial Precepts, There Are Also Judicial Precepts?

Objection 1: It would seem that there are no judicial precepts in addition to the moral and ceremonial precepts in the Old Law. For Augustine says (Contra Faust. vi, 2) that in the Old Law there are "precepts concerning the life we have to lead, and precepts regarding the life that is foreshadowed." Now the precepts of the life we have to lead are moral precepts; and the precepts of the life that is foreshadowed are ceremonial. Therefore besides these two kinds of precepts we should not put any judicial precepts in the Law.

Obj. 2: Further, a gloss on Ps. 118:102, "I have not declined from Thy judgments," says, i.e. "from the rule of life Thou hast set for me." But a rule of life belongs to the moral precepts. Therefore the judicial precepts should not be considered as distinct from the moral precepts.

Obj. 3: Further, judgment seems to be an act of justice, according to Ps. 93:15: "Until justice be turned into judgment." But acts of justice, like the acts of other virtues, belong to the moral precepts. Therefore the moral precepts include the judicial precepts, and consequently should not be held as distinct from them.

_On the contrary,_ It is written (Deut. 6:1): "These are the precepts and ceremonies, and judgments": where "precepts" stands for "moral precepts" antonomastically. Therefore there are judicial precepts besides moral and ceremonial precepts.

_I answer that,_ As stated above (AA. 2, 3), it belongs to the Divine law to direct men to one another and to God. Now each of these belongs in the abstract to the dictates of the natural law, to which dictates the moral precepts are to be referred: yet each of them has to be determined by Divine or human law, because naturally known principles are universal, both in speculative and in practical matters. Accordingly just as the determination of the universal principle about Divine worship is effected by the ceremonial precepts, so the determination of the general precepts of that justice which is to be observed among men is effected by the judicial precepts.

We must therefore distinguish three kinds of precept in the Old Law; viz. _moral_ precepts, which are dictated by the natural law; _ceremonial_ precepts, which are determinations of the Divine worship; and _judicial_ precepts, which are determinations of the justice to be maintained among men. Wherefore the Apostle (Rom. 7:12) after saying that the "Law is holy," adds that "the commandment is just, and holy, and good": "just," in respect of the judicial precepts; "holy," with regard to the ceremonial precepts (since the word "sanctus"--"holy"--is applied to that which is consecrated to God); and "good," i.e. conducive to virtue, as to the moral precepts.

Reply Obj. 1: Both the moral and the judicial precepts aim at the ordering of human life: and consequently they are both comprised under one of the heads mentioned by Augustine, viz. under the precepts of the life we have to lead.

Reply Obj. 2: Judgment denotes execution of justice, by an application of the reason to individual cases in a determinate way. Hence the judicial precepts have something in common with the moral precepts, in that they are derived from reason; and something in common with the ceremonial precepts, in that they are determinations of general precepts. This explains why sometimes "judgments" comprise both judicial and moral precepts, as in Deut. 5:1: "Hear, O Israel, the ceremonies and judgments"; and sometimes judicial and ceremonial precepts, as in Lev. 18:4: "You shall do My judgments, and shall observe My precepts," where "precepts" denotes moral precepts, while "judgments" refers to judicial and ceremonial precepts.

Reply Obj. 3: The act of justice, in general, belongs to the moral precepts; but its determination to some special kind of act belongs to the judicial precepts. ________________________

FIFTH

[I-II, Q. 100, Art. 12]

Whether the Moral Precepts of the Old Law Justified Man?

Objection 1: It would seem that the moral precepts of the Old Law justified man. Because the Apostle says (Rom. 2:13): "For not the hearers of the Law are justified before God, but the doers of the Law shall be justified." But the doers of the Law are those who fulfil the precepts of the Law. Therefore the fulfilling of the precepts of the Law was a cause of justification.

Obj. 2: Further, it is written (Lev. 18:5): "Keep My laws and My judgments, which if a man do, he shall live in them." But the spiritual life of man is through justice. Therefore the fulfilling of the precepts of the Law was a cause of justification.

Obj. 3: Further, the Divine law is more efficacious than human law. But human law justifies man; since there is a kind of justice consisting in fulfilling the precepts of law. Therefore the precepts of the Law justified man.

_On the contrary,_ The Apostle says (2 Cor. 3:6): "The letter killeth": which, according to Augustine (De Spir. et Lit. xiv), refers even to the moral precepts. Therefore the moral precepts did not cause justice.

_I answer that,_ Just as "healthy" is said properly and first of that which is possessed of health, and secondarily of that which is a sign or a safeguard of health; so justification means first and properly the causing of justice; while secondarily and improperly, as it were, it may denote a sign of justice or a disposition thereto. If justice be taken in the last two ways, it is evident that it was conferred by the precepts of the Law; in so far, to wit, as they disposed men to the justifying grace of Christ, which they also signified, because as Augustine says (Contra Faust. xxii, 24), "even the life of that people foretold and foreshadowed Christ."

But if we speak of justification properly so called, then we must notice that it can be considered as in the habit or as in the act: so that accordingly justification may be taken in two ways. First, according as man is made just, by becoming possessed of the habit of justice: secondly, according as he does works of justice, so that in this sense justification is nothing else than the execution of justice. Now justice, like the other virtues, may denote either the acquired or the infused virtue, as is clear from what has been stated (Q. 63, A. 4). The acquired virtue is caused by works; but the infused virtue is caused by God Himself through His grace. The latter is true justice, of which we are speaking now, and in this respect of which a man is said to be just before God, according to Rom. 4:2: "If Abraham were justified by works, he hath whereof to glory, but not before God." Hence this justice could not be caused by moral precepts, which are about human actions: wherefore the moral precepts could not justify man by causing justice.

If, on the other hand, by justification we understand the execution of justice, thus all the precepts of the Law justified man, but in various ways. Because the ceremonial precepts taken as a whole contained something just in itself, in so far as they aimed at offering worship to God; whereas taken individually they contained that which is just, not in itself, but by being a determination of the Divine law. Hence it is said of these precepts that they did not justify man save through the devotion and obedience of those who complied with them. On the other hand the moral and judicial precepts, either in general or also in particular, contained that which is just in itself: but the moral precepts contained that which is just in itself according to that "general justice" which is "every virtue" according to _Ethic._ v, 1: whereas the judicial precepts belonged to "special justice," which is about contracts connected with the human mode of life, between one man and another.

Reply Obj. 1: The Apostle takes justification for the execution of justice.

Reply Obj. 2: The man who fulfilled the precepts of the Law is said to live in them, because he did not incur the penalty of death, which the Law inflicted on its transgressors: in this sense the Apostle quotes this passage (Gal. 3:12).

Reply Obj. 3: The precepts of human law justify man by acquired justice: it is not about this that we are inquiring now, but only about that justice which is before God. ________________________

[I, Q. 92, Art. 2]

Whether Woman Should Have Been Made from Man?

Objection 1: It would seem that woman should not have been made from man. For sex belongs both to man and animals. But in the other animals the female was not made from the male. Therefore neither should it have been so with man.

Obj. 2: Further, things of the same species are of the same matter. But male and female are of the same species. Therefore, as man was made of the slime of the earth, so woman should have been made of the same, and not from man.

Obj. 3: Further, woman was made to be a helpmate to man in the work of generation. But close relationship makes a person unfit for that office; hence near relations are debarred from intermarriage, as is written (Lev. 18:6). Therefore woman should not have been made from man.

_On the contrary,_ It is written (Ecclus. 17:5): "He created of him," that is, out of man, "a helpmate like to himself," that is, woman.

_I answer that,_ When all things were first formed, it was more suitable for the woman to be made from man than (for the female to be from the male) in other animals. First, in order thus to give the first man a certain dignity consisting in this, that as God is the principle of the whole universe, so the first man, in likeness to God, was the principle of the whole human race. Wherefore Paul says that "God made the whole human race from one" (Acts 17:26). Secondly, that man might love woman all the more, and cleave to her more closely, knowing her to be fashioned from himself. Hence it is written (Gen. 2:23, 24): "She was taken out of man, wherefore a man shall leave father and mother, and shall cleave to his wife." This was most necessary as regards the human race, in which the male and female live together for life; which is not the case with other animals. Thirdly, because, as the Philosopher says (Ethic. viii, 12), the human male and female are united, not only for generation, as with other animals, but also for the purpose of domestic life, in which each has his or her particular duty, and in which the man is the head of the woman. Wherefore it was suitable for the woman to be made out of man, as out of her principle. Fourthly, there is a sacramental reason for this. For by this is signified that the Church takes her origin from Christ. Wherefore the Apostle says (Eph. 5:32): "This is a great sacrament; but I speak in Christ and in the Church."

Reply Obj. 1 is clear from the foregoing.

Reply Obj. 2: Matter is that from which something is made. Now created nature has a determinate principle; and since it is determined to one thing, it has also a determinate mode of proceeding. Wherefore from determinate matter it produces something in a determinate species. On the other hand, the Divine Power, being infinite, can produce things of the same species out of any matter, such as a man from the slime of the earth, and a woman from out of man.

Reply Obj. 3: A certain affinity arises from natural generation, and this is an impediment to matrimony. Woman, however, was not produced from man by natural generation, but by the Divine Power alone. Wherefore Eve is not called the daughter of Adam; and so this argument does not prove. _______________________

THIRD

[II-II, Q. 154, Art. 9]

Whether Incest Is a Determinate Species of Lust?

Objection 1: It would seem that incest is not a determinate species of lust. For incest [* _Incestus_ is equivalent to _in-castus_ = "unchaste"] takes its name from being a privation of chastity. But all kinds of lust are opposed to chastity. Therefore it seems that incest is not a species of lust, but is lust itself in general.

Obj. 2: Further, it is stated in the Decretals (XXXVI, qu. 1 [*Cf. Append. Grat. ad can. Lex illa]) that "incest is intercourse between a man and a woman related by consanguinity or affinity." Now affinity differs from consanguinity. Therefore it is not one but several species of lust.

Obj. 3: Further, that which does not, of itself, imply a deformity, does not constitute a determinate species of vice. But intercourse between those who are related by consanguinity or affinity does not, of itself, contain any deformity, else it would never have been lawful. Therefore incest is not a determinate species of lust.

_On the contrary,_ The species of lust are distinguished according to the various conditions of women with whom a man has unlawful intercourse. Now incest implies a special condition on the part of the woman, because it is unlawful intercourse with a woman related by consanguinity or affinity as stated (Obj. 2). Therefore incest is a determinate species of lust.

_I answer that,_ As stated above (AA. 1, 6) wherever we find something incompatible with the right use of venereal actions, there must needs be a determinate species of lust. Now sexual intercourse with women related by consanguinity or affinity is unbecoming to venereal union on three counts. First, because man naturally owes a certain respect to his parents and therefore to his other blood relations, who are descended in near degree from the same parents: so much so indeed that among the ancients, as Valerius Maximus relates [*Dict. Fact. Memor. ii, 1], it was not deemed right for a son to bathe with his father, lest they should see one another naked. Now from what has been said (Q. 142, A. 4; Q. 151, A. 4), it is evident that in venereal acts there is a certain shamefulness inconsistent with respect, wherefore men are ashamed of them. Wherefore it is unseemly that such persons should be united in venereal intercourse. This reason seems to be indicated (Lev. 18:7) where we read: "She is thy mother, thou shalt not uncover her nakedness," and the same is expressed further on with regard to others.

The second reason is because blood relations must needs live in close touch with one another. Wherefore if they were not debarred from venereal union, opportunities of venereal intercourse would be very frequent and thus men's minds would be enervated by lust. Hence in the Old Law [*Lev. 18] the prohibition was apparently directed specially to those persons who must needs live together.

The third reason is, because this would hinder a man from having many friends: since through a man taking a stranger to wife, all his wife's relations are united to him by a special kind of friendship, as though they were of the same blood as himself. Wherefore Augustine says (De Civ. Dei xv, 16): "The demands of charity are most perfectly satisfied by men uniting together in the bonds that the various ties of friendship require, so that they may live together in a useful and becoming amity; nor should one man have many relationships in one, but each should have one."

Aristotle adds another reason (2 Polit. ii): for since it is natural that a man should have a liking for a woman of his kindred, if to this be added the love that has its origin in venereal intercourse, his love would be too ardent and would become a very great incentive to lust: and this is contrary to chastity. Hence it is evident that incest is a determinate species of lust.

Reply Obj. 1: Unlawful intercourse between persons related to one another would be most prejudicial to chastity, both on account of the opportunities it affords, and because of the excessive ardor of love, as stated in the Article. Wherefore the unlawful intercourse between such persons is called "incest" antonomastically.

Reply Obj. 2: Persons are related by affinity through one who is related by consanguinity: and therefore since the one depends on the other, consanguinity and affinity entail the same kind of unbecomingness.

Reply Obj. 3: There is something essentially unbecoming and contrary to natural reason in sexual intercourse between persons related by blood, for instance between parents and children who are directly and immediately related to one another, since children naturally owe their parents honor. Hence the Philosopher instances a horse (De Animal. ix, 47) which covered its own mother by mistake and threw itself over a precipice as though horrified at what it had done, because some animals even have a natural respect for those that have begotten them. There is not the same essential unbecomingness attaching to other persons who are related to one another not directly but through their parents: and, as to this, becomingness or unbecomingness varies according to custom, and human or Divine law: because, as stated above (A. 2), sexual intercourse, being directed to the common good, is subject to law. Wherefore, as Augustine says (De Civ. Dei xv, 16), whereas the union of brothers and sisters goes back to olden times, it became all the more worthy of condemnation when religion forbade it. _______________________

TENTH