(109) Lastly, if any one wishes to maintain that the Jews, from this or from any other cause, have been chosen by God for ever, I will not gainsay him if he will admit that this choice, whether temporary or eternal, has no regard, in so far as it is peculiar to the Jews, to aught but dominion and physical advantages (for by such alone can one nation be distinguished from another), whereas in regard to intellect and true virtue, every nation is on a par with the rest, and God has not in these respects chosen one people rather than another.
CHAPTER IV. - OF THE DIVINE LAW.
(1) The word law, taken in the abstract, means that by which an individual, or all things, or as many things as belong to a particular species, act in one and the same fixed and definite manner, which manner depends either on natural necessity or on human decree. (2) A law which depends on natural necessity is one which necessarily follows from the nature, or from the definition of the thing in question; a law which depends on human decree, and which is more correctly called an ordinance, is one which men have laid down for themselves and others in order to live more safely or conveniently, or from some similar reason.
(3) For example, the law that all bodies impinging on lesser bodies, lose as much of their own motion as they communicate to the latter is a universal law of all bodies, and depends on natural necessity. (4) So, too, the law that a man in remembering one thing, straightway remembers another either like it, or which he had perceived simultaneously with it, is a law which necessarily follows from the nature of man. (5) But the law that men must yield, or be compelled to yield, somewhat of their natural right, and that they bind themselves to live in a certain way, depends on human decree. (6) Now, though I freely admit that all things are predetermined by universal natural laws to exist and operate in a given, fixed, and definite manner, I still assert that the laws I have just mentioned depend on human decree.
(1.) (7) Because man, in so far as he is a part of nature, constitutes a part of the power of nature. (8) Whatever, therefore, follows necessarily from the necessity of human nature (that is, from nature herself, in so far as we conceive of her as acting through man) follows, even though it be necessarily, from human power. (9) Hence the sanction of such laws may very well be said to depend on man's decree, for it principally depends on the power of the human mind; so that the human mind in respect to its perception of things as true and false, can readily be conceived as without such laws, but not without necessary law as we have just defined it.
(2.) (10) I have stated that these laws depend on human decree because it is well to define and explain things by their proximate causes. (11) The general consideration of fate and the concatenation of causes would aid us very little in forming and arranging our ideas concerning particular questions. (12) Let us add that as to the actual coordination and concatenation of things, that is how things are ordained and linked together, we are obviously ignorant; therefore, it is more profitable for right living, nay, it is necessary for us to consider things as contingent. (13) So much about law in the abstract.
(14) Now the word law seems to be only applied to natural phenomena by analogy, and is commonly taken to signify a command which men can either obey or neglect, inasmuch as it restrains human nature within certain originally exceeded limits, and therefore lays down no rule beyond human strength. (15) Thus it is expedient to define law more particularly as a plan of life laid down by man for himself or others with a certain object.
(16) However, as the true object of legislation is only perceived by a few, and most men are almost incapable of grasping it, though they live under its conditions, legislators, with a view to exacting general obedience, have wisely put forward another object, very different from that which necessarily follows from the nature of law: they promise to the observers of the law that which the masses chiefly desire, and threaten its violators with that which they chiefly fear: thus endeavouring to restrain the masses, as far as may be, like a horse with a curb; whence it follows that the word law is chiefly applied to the modes of life enjoined on men by the sway of others; hence those who obey the law are said to live under it and to be under compulsion. (17) In truth, a man who renders everyone their due because he fears the gallows, acts under the sway and compulsion of others, and cannot be called just. (18) But a man who does the same from a knowledge of the true reason for laws and their necessity, acts from a firm purpose and of his own accord, and is therefore properly called just. (19) This, I take it, is Paul's meaning when he says, that those who live under the law cannot be justified through the law, for justice, as commonly defined, is the constant and perpetual will to render every man his due. (20) Thus Solomon says (Prov. xxi:15), "It is a joy to the just to do judgment," but the wicked fear.
(21) Law, then, being a plan of living which men have for a certain object laid down for themselves or others, may, as it seems, be divided into human law and Divine law.
(22) By human law I mean a plan of living which serves only to render life and the state secure. (23) By Divine law I mean that which only regards the highest good, in other words, the true knowledge of God and love.