The 60-Second Aquinas
Lesson
Should the Human Law Be Changeable?
November 8, 1998
It seems a ludicrous question to ask. There is no shortage of examples of bad laws that ought to be changed because they either do not benefit the community or in fact harm the community.
Yet, when we consider that natural law changes only by addition and that eternal law does not change at all, it seems appropriate to examine the nature of change with respect to human law.
Aquinas explains that the human law can be changed because "human law is a dictate of reason whereby human acts are directed" (ST I-II, Q. 97, Art. 1). From this, he determines human law can be changed either by reason (rational thought) or "on the part of man whose acts are regulated by law" (ibid.).
As for reason, Aquinas says, "human reason advance[s] gradually from the imperfect to the perfect" (ibid.). As mankind ages, our understanding of the world becomes clearer. In this way, it seems appropriate to change our laws in consideration for the growth of our reason.
Second, the condition of mankind changes, necessitating changes in laws. For example, when automobiles were invented, laws were created to ensure safety.
Explanation of The 60-Second Aquinas Lesson
