Law in the Old Testament, as Seen Through Aquinas Treatise of Law
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Within the Jewish tradition, as examined through the Old Testament, the development and enforcement of law, from a number of different sources, is a fundamental element in the establishment of a just society. The Ten Commandments, as laws of life, in accordance with socio-political laws, dictated in Exodus, govern society together and attempt to create a society that functions under both practical and moral principles.
While the Ten Commandments serve the purpose of guiding followers to a moral and pious life, they also serve the purpose of preventing conflict and maintaining order within society in many instances. When the Ten Commandments are first seen in Exodus 20:2-17, one can see how these laws dictate not only the nature of mans relationship with God, but also relationships amongst men, such that they have not only a mystical component, but also a practical purpose. Among the most important of these are the seventh, eighth, and ninth commandments, which forbid murder, adultery, and stealing, all of which are intrinsic to the functionality of a just society.
In Treatise of Law, Aquinas relates a quote of Isidore from Etymologies that states that “Laws were established so that fear of them curb human audacity, and that innocence be safe in the midst of the wicked, and that the fear of punishment restrain the ability of the wicked to inflict harm” (Question 95, First Article, p44). Although, here, Aquinas uses the quote to refer to human laws, it is clear that the Ten Commandments serve such purposes in society as well.
Aquinas also provides a quote from Aristotles Ethics that states that “Laws command courageous and temperate and gentle behavior, and likewise regarding other virtues and vices, commanding the former and forbidding the latter” (Question 95, Third Article, p55). In this sense one can see how, while the first four commandments refer solely to the acknowledgement of the Lord and religious worship, they also have the indirect effect of molding righteous God-fearing citizens, who will be more inclined to obey laws, not commit crime, and contribute to the maintenance of peace and happiness of the community. This sense that order is maintained through the devout following of Gods will reinforces the importance of the Ten Commandments as laws that contribute to a just society.
These laws, which are ordained directly by God, would most obviously belong to Aquinass description of eternal law, despite their purpose of permitting or restricting human behavior and actions. In Treatise of Law, Aquinas states that “Gods providence rules the worldÐhis reason evidently governs the entire community of the universe” and that “since Gods reason conceives eternally, not temporally, we need to say that such law is eternal” (Question 91, First Article, p7). However, because “all laws are derived from the eternal law insofar as they partake of right reason” (Question 93, Third Article, p26) this also means that all laws ultimately belong to the umbrella category of eternal law.
However, the ordinances dictated in Exodus 21, while still considered technically to belong to eternal law, bear much more resemblance to human law, described by Aquinas as laws developed as “we advanceÐfrom indemonstrable first principles, naturally known, to conclusionsÐ…not implanted in us by nature but discovered by exercising reason” (Question 91, Second Article, p10). These ordinances deal solely with human interactions and dictate the proper course of action regarding slavery and punishments for violence. Also, these laws differ from the Ten Commandments in that they maintain order through the fear of physical and monetary penalties, rather than through the fear of incurring Gods wrath.
The laws put forth in Exodus 21, providing guidelines for the fair treatment of slaves, were essential to society in that time because of the heavy dependence on slaves for labor. Although slaves were not considered citizens and obviously were treated as inferiors, they still contributed to society and their treatment had to be taken into account as part of the common good Ð- “Human laws need to be proportioned to the common good”