In the middle ages 271

even more subject to the conditions of tempora, of

negotia, of pej'sonae than are the laws of the moral

individual." They vary with them; they are not en-

dowed with infallibilities.^'' Hence progress in hu-

man legislation is possible. It is certain that the

system of limited monarchy, to which Thomas

Aquinas gives his preference, constituted in his

eyes a step forward from the primitive forms of

goverimient which he enumerates. In the follow-

ing fine passage Thomas shows how law, as well as

science, is capable of progress. "Thus there may be

two causes for the just change of human law: one

on the part of reason ; the other on the part of man

whose acts are regulated by law. The cause on the

part of reason is that it seems natural to human

reason to advance gradually from the imperfect to

the perfect. Hence, in speculative sciences, we see

that the teaching of the early philosophers was im-

perfect, and that it was afterwards perfected by

those who succeeded them. So also in practical

matters : for those who first endeavoured to discover

something useful for the human community, not

being able by themselves to take everything into

consideration, set up certain institutions which

were deficient in many ways; and these were

changed by subsequent lawgivers who made insti-

tutions that might prove less frequently deficient in

^Ibid., la2ae, q. XCVI, art. 1. Of. the whole of q. XCVII ("De

mutatione legum").

iolbid., q. XCI, art. 3, ad tertium.

272 PHILOSOPHY AND CIVILIZATION

respect of the common weal. On the part of man,

whose acts are regulated by law, the law can be

rightly changed on account of the changed condi-

tion of man, to whom different things are expe-

dient according to the difference of his condition.""

Thus the Thomistic theory opens the way for

progress in human legislation ; and since legislation

is the attribute of sovereignty, it opens the way

hkewise for progress in the government of states.

But forthwith Thomas adds this counsel of wis-

dom: not without good reasons, should human law

be changed. For, any change in the law is made at

the expense of the power and majesty that reside in

the legislative power, — quando lex mutatur, dimi-

nuitur vis constructiva legis.^^

On the basis of Thomistic principles, it is there-

fore possible to justify a series of progressive

measures. The thirteenth century could of course

not envisage them; but they are in the logic of its

system. For, whatever the govermiient may be, it

must look ever towards betterment {ut sit de pro-

motione solicitus) ; it must put at the disposal of

individuals the means of perfecting their person-

ality. It must assure, for example, all that con-

cerns education of the physical faculties, of the in-

telhgence, and of the moral will; it must organize

the conditions of production and of work." A like

11 Ibid., q. XCVII, art. 1. Dominican trans., p. 77.

12 Ibid., q. XCVII, art. 2.

13 Cf. above, p. 246.