Liber III, Pars II — Qualis debeat esse lex humana, et quod condere tales leges sit utile regno, et civitati. Cap. XXVI.

Liber III, Pars II — Qualis debeat esse lex humana, et quod condere tales leges sit utile regno, et civitati. Cap. XXVI.

It seems that civil law, or human and positive law, can be compared to three things. Namely, it can be compared to natural law, which serves as its foundation; to the common good that it aims to achieve; and to the people to whom it is applied, which must be regulated by that law. Therefore, a law must have three characteristics, depending on how it relates to these three comparisons. First, human or positive law must be just when compared to natural law; for if it is not just, it is not a law but a corruption of law, since nothing can be established justly by humans unless it somehow derives its origin from natural law and unless natural reason dictates that it should be established. Second, human and civil law must be useful when compared to the common good; for if the law does not aim at the common good, then it is neither just nor regular, but perverse and tyrannical, since just as a king differs from a tyrant, because a king is said to be one who acts justly and aims at the common good, while a tyrant rules perverse and aims at his own private advantage. Thus, a just and royal law, in which the common good is intended, differs from a perverse and tyrannical law, in which private good is intended; for in laws (if they are just) the common good must be aimed at, since the end is always the rule of all our actions. For it is commonly said that if we intend this and wish to follow it, we must act accordingly. Therefore, such laws must exist, which are the rules of actions, as required by the good and intended end; for since the common good is more divine than private good, and private good is ordered towards it, such laws must be made not as required by private good, but as required by the common good, because this has more of the nature of an end, and consequently according to it, laws and rules of actions must be more established. However, private good has no true value unless it is directed toward the common good; for that part is corrupt which is discordant with the whole and does not align with the entirety. If any private good is intended in laws, it should not exist in isolation or on its own, but rather as it is ordered toward the common good. Third, as the law relates to the people to whom it is to be imposed, it must be compatible and appropriate to the region, customs, and morals of that people. Therefore, it is said that laws must be established. It is not necessary to adapt the political systems to the laws, but rather the laws should be adapted to the political systems, which must be diverse according to the diversity of the political entities. Thus, when wishing to enact laws, one must carefully consider what kind of people they are, whose customs and conditions they are addressing; and as they see fit, they should impose such laws upon them. Seeing what kind of laws it is fitting for kings and leaders to establish, because laws must be enacted that are just, useful, and appropriate for the people to whom they are imposed: it can be easily understood that it is beneficial for the kingdom and the city to establish such laws. For some people are inherently good, so that they are inclined by a love of what is honorable to perform virtuous deeds and to refrain from acting perversely. However, if some individuals, due to their own habits, are not sufficiently inclined toward the good, they can still be easily guided by others, so that mere words and gentle admonitions can lead them toward the good. But some people are so perverse that they neither incline toward good on their own nor are corrected by mere words; therefore, it was necessary to establish laws for such individuals. Laws have a coercive power, as is evident from ethics. Therefore, laws must be established, and it would be beneficial to set them in place so that at least out of fear of punishment, those who wish to maintain peace among citizens would refrain from acting perversely.