cordance with natural equality, and if human nature were always
right, this would always have to be observed; but since it happens
sometimes that man's will is unrighteous there are cases in which a
deposit should not be restored, lest a man of unrighteous will make
evil use of the thing deposited: as when a madman or an enemy of the
common weal demands the return of his weapons.
Reply Obj. 2: The human will can, by common agreement, make a thing
to be just provided it be not, of itself, contrary to natural
justice, and it is in such matters that positive right has its place.
Hence the Philosopher says (Ethic. v, 7) that "in the case of the
legal just, it does not matter in the first instance whether it takes
one form or another, it only matters when once it is laid down." If,
however, a thing is, of itself, contrary to natural right, the human
will cannot make it just, for instance by decreeing that it is lawful
to steal or to commit adultery. Hence it is written (Isa. 10:1): "Woe
to them that make wicked laws."
Reply Obj. 3: The Divine right is that which is promulgated by God.
Such things are partly those that are naturally just, yet their
justice is hidden to man, and partly are made just by God's decree.
Hence also Divine right may be divided in respect of these two
things, even as human right is. For the Divine law commands certain
things because they are good, and forbids others, because they are
evil, while others are good because they are prescribed, and others
evil because they are forbidden.
_______________________
THIRD ARTICLE [II-II, Q. 57, Art. 3]
Whether the Right of Nations Is the Same As the Natural Right?
Objection 1: It would seem that the right of nations is the same as
the natural right. For all men do not agree save in that which is
natural to them. Now all men agree in the right of nations; since the
jurist [*Ulpian: Digest. i, 1; De Just. et Jure i] "the right of
nations is that which is in use among all nations." Therefore the
right of nations is the natural right.
Obj. 2: Further, slavery among men is natural, for some are naturally
slaves according to the Philosopher (Polit. i, 2). Now "slavery
belongs to the right of nations," as Isidore states (Etym. v, 4).
Therefore the right of nations is a natural right.
Obj. 3: Further, right as stated above (A. 2) is divided into natural
and positive. Now the right of nations is not a positive right, since
all nations never agreed to de
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