Human Law Vs Divine Law

Before we come to the conclusion in saying whether man-made law is superior than divine law, or vice versa, references can be made as to the interpretion of these laws by different jurists. The famous Italian jurist, Thomas Aquinas (1225-74) had described law as "a certain rule and measure of acts whereby man is induced to act or is restrained from acting." A fourfold division of law is put forward by Aquinas, namely, eternal law, natural law, divine law and human law. ‘Eternal law’ - lex aeterna is the law that is revealed through scripture and is the rational guidance of creation on the part of God. ‘Natural law’ - lex naturalis, is the man’s share in the divine reason because man is endowed with reason. ‘Divine law’, which is lex divina

Lastly, ‘human law’- lex humana, is the man-made law. These definitions were formed by Thomas Aquinas with the mindset that God is the superior being above all and the creator of everything, including man’s reason in making man-made law. Thus, the hugest law was the will of God.[ Denise Meyerson, Understanding Jurisprudence, Routledge Cavendish, 2007, Ch.2, p.34.] Human law on the other hand is required only to supplement or fill out the very general principles of natural law.

According to Aquinas, it is necessary that besides the natural and the human law, man should be directed to his end by a law given by God. Divine law, then, is available to man through revelation and is found in the scriptures. It is not the product of man’s reason, but is given to man through God’s grace to ensure that human knows what he must do to fulfill both his natural and, especially, his supernatural ends.[ Wayne Morrison, Jurisprudence: From the Greeks to

It involves the particular application of the natural law and resulting in legislation by governments. It is law devised by human reason, adapted to particular geographical, historical and social circumstances. It is the specific statutes of governments, ought to be derived from the general precepts of natural law. Law being ‘a dictate of the practical reason’, the process of drawing conclusions for law is much the same as for ‘speculative reason’. Also ‘from the precepts of the natural law…human reason needs to proceed to the more particular determination of certain matters’. And ‘these particular determinations, devised by human reason, are called human laws…’[ Thomas Aquinas, Summa Theologiae, pt. II(I), Quest. 91, art. 31 (Fathers of English Dominican Province transl.)]. Where human law conforms to the law of reason, it conforms to the law of God and advances human