What is the nature of law? The question that St. Thomas Aquinas answers in Summa Theologica I-II continues to be a crucial question in contemporary philosophy of law. Various scholars of jurisprudence attempt to identify the necessary features of law. Yet they struggle with the question, what kind of necessity is involved? Is it conceptual necessity? Metaphysical necessity? In this paper, I explore an alternative way of distinguishing different kinds of necessity that is found in Aquinas’ Commentary on Aristotle’s Physics. I argue that the three kinds of necessity simpliciter, from the formal, material, and efficient cause, and hypothetical necessity, from the final cause, are relevant for understanding how Aquinas’ definition of ‘law’—an ordinance of reason, for the common good, made by the one who has care for the community, and promulgated—is a necessary truth. This historically interesting approach offers insights for contemporary jurisprudence.
