This doctrine, to support which I have designedly cited only pagan authors, is also that of Catholic theologians; for example, S. Thomas and Suarez. But the philosophical school of the last century has so perverted the meaning of the term nature—law of nature, that certain Catholic authors (M. de Bonald, for instance) have scrupled to use the consecrated term. It is necessary, then, to explain its true sense.
IV.—NATURAL LAW ACCORDING TO PAGAN PHILOSOPHERS.
The nature of a being is that which constitutes its fitness to attain its end. The idea, therefore, which a person has of the nature of man, by consequence determines that which he will have of his end, and hence of the rule which should govern his actions.
The materialists, for example, who deny the immortality of the soul, and whose horizon is bounded by the limits of the present life, are able to teach only a purely epicurean or utilitarian morality. They cannot consistently plead a motive higher than an immediate, or at least a proximate, well-being; for, what is more uncertain than the duration of our life? In the strikingly anti-philosophic language of the XVIIIth century, the state of nature was a hypothetical state, at once innocent and barbarous, anterior to all society. It is to society that this theory attributes the disorders of man and the loss of certain primitive and inalienable rights which the sect of pseudo-philosophers boasted of having regained, and by the conquest whereof the corrupted and doting France of 1789 was prostrated.
The philosophers of antiquity, on the contrary, notwithstanding their numerous errors, and despite the polytheism which they exteriorly professed, had arrived at so profound a knowledge of man and his nature that the fathers and doctors of the church have often spoken of the discoveries of their intellect as a kind of natural revelation made to them by God.[53]
We have already heard Cicero say that the natural law is eternal, and superior to all human laws. I shall continue to quote him, because of his clearness, and because he admirably sums up the teaching of the philosophers who preceded him.[54]
The sound philosophy which should guide us—according to him, the science of law—teaches us that it is far more sublime to submit to the divine mind, to the all-powerful God, than to the emperors and mighty ones of this earth; for it is a kind of partnership between God and man. Right reason (ratio recta) is the same for the one and the other; and law being nothing else than right reason, it may be said that one same law links us with the gods. Now, the common law is also the common right, and when people have a common right they belong, in some manner, to the same country. We must, then, consider this world as a country common to the gods and to men. Man is, in truth, like to God. And for what end has God created and gifted man like to himself? That he may arrive at justice.
Human society is bound by one same right, and law is the same for all. This law is the just motive (the right reason, ratio recta) of all precepts and prohibitions; he who is ignorant of it, whether written or not, knows not justice. If uprightness consisted in submission to the written laws and constitutions of nations, and if, as some pretend, utility could be the measure of good, he who expected to profit thereby would be justified in neglecting or violating the laws.
This remark is peculiarly applicable to the present time. It is precisely utility and the increase of wealth or of comforts—in a word, material interests—which the greater number of modern legislators have had chiefly in view; the result is that society scarcely has the right to feel indignant against those who may deem it to their advantage to disturb it. Religion, say they, has nothing in common with politics; the state, inasmuch as it is a state, need not trouble itself about God; the things of this world should be regulated with regard to this world, and without reference to the supernatural. Suppose it so; but then, in virtue of what authority will you impose your laws? There is no human power able to bend or to conquer one human will which does not acknowledge it.[55]
The basis of right is the natural love of our fellow-beings which nature has planted within us. Nature also commands us to honor God. It is not fear which renders worship necessary; it is the bond which exists between God and man. If popular or royal decrees could determine right, a whim of the multitude might render lawful theft, adultery, or forgery. If it be true that a proclamation dictated by fools can change the order of nature, why may not evil become, one day, good? But the sages teach that the human mind did not invent law; it has its birth-place in the bosom of God, and is co-eternal with him; it is nothing else than the unerring reason of Jupiter himself; it is reflected in the mind of the wise man; it can never be repealed.