The 60-Second Aquinas
Lesson
The Scope and Purpose of Human Law
November 7, 1998
Aquinas defines human law as "more particular determinations of certain matters" which are "devised by human reason" (ST I-II, Q. 91, Art. 3).
An example of this might be a city council determining a speed limit on a street.
It should be fairly obvious that the human law does not have the same broad scope as natural law, which governs all moral/human acts.
First, the scope of human law changes from country to country. Second, many countries attempt to steer away from passing laws that infringe upon an individual’s "religious" freedom.
For instance, in the United States it is not against the law to have sex with someone who is not your spouse. Though this is against the natural law, the human law does not condemn the action.
The two types of laws must then have different goals. The natural law, as our participation in the eternal law, is intended to lead us to God. Human law is primarily concerned with social harmony: "human laws should be proportionate to the common good" (ST I-II, Q. 96, Art. 1).
This is not to say the individual does not benefit in any way, but that the true concern of human law is the community.
Explanation of The 60-Second Aquinas Lesson
