Chapter II: Various Descriptions of Law, § 6.
CHAPTER II: VARIOUS DESCRIPTIONS OF LAW
Definitions.
§ 6. There are varied and diverse accepted definitions of “law” in general. Plato (De legibus): “The law is the right manner of governing, which is directed to the best end through suitable means, giving punishments to transgressors and rewards to the obedient.” Aristotle (Ethic. Nicom., bk. 10, ch. 10): “The law is the principle from which judgment and reason gain binding power.” Politic. (bk. 3, ch. 16): “Law is reason without desire.” Rhet. ad Alexand. (ch. 1): “Law (speaking simply) is a definite principle which informs how one must do everything in accord with the common standard of a city.” Cicero (De legib., bk. 1): “There is a great reason innate in nature that commands what must be done and forbids the contrary. When that same reason is in the mind of man, it is confirmed and made law.” Ibid.: “The law is reason in commanding and forbidding. It is a force of nature, the mind and reasoning power of a person with foresight, the rule of right and wrong, the distinguishing feature between the just and the unjust. It afflicts the wicked with punishment and defends and protects the good.” De nat. deor. (bk. 2): “The law is an injunction for the upright and a deterrent for the wicked.” Demosthenes (Orat. 1 cont. Aristog.): “Law is an invention and a gift of the gods, a teaching of the wise, a correction for voluntary and involuntary transgressions, the common agreement of the state in accord with which it is fitting for all in the state to live.” Thomas ([ST,] 1.2., q. 90, art. 1): “The law is an arrangement of reason toward the common good on the part of him who has been given charge for the community.” Also: “The law is the directing measure and rule for doing actions. It is the manner [ratio] of divine wisdom according to which it directs all actions and movements.” Biel (Sent., 3, dist. 37, only q.): “The law is the true informing sign of upright reasoning which declares that such reasoning is obligated to do or not to do something.” Varinus: “Law is the principle which determines what must be done and forbids what should not be done.” To modern men, law in general is a settled constitution or sanction binding to obedience those to whom it is prescribed and which sets up punishment for those who violate it. Also, law is a statement which demands virtue and obligates natural reason to obedience with the promise of reward for obedience and with the threat of punishment for transgression.