RSK 5

is also called the law of nature,29 because it arises from the “congruity” of nature, and is known by the light of nature. Since Stair is concerned only with the private rights of man he needs only consider private rights which are either divine or human (..). Divine law is mainly that written in the hearts of man, according to Paul: “For when the Gentiles, who have not the law (namely, written in the Word) do by nature the things contained in the Law, these are a Law unto themselves, which showeth the works of the law written in their hearts; their conscience also bearing them witness, and their thoughts in the meanwhile accusing or excusing one another.”30 “This,” declares Stair, “is the law of nature, known naturally either immediately, like unto those instincts which are in the other creatures whereby they know what is necessary for their preservation. So the first principles of this natural law are known to men, without reasoning or experience, without art, industry, or education, and so are known to man everywhere through the world, though they keep no communion nor intercourse together: which is an unanswerable demonstration of the being of this law of nature.” (..) Thus at this stage, for Stair, the law of nature is divine law and known to men everywhere, known naturally without experience or reasoning. It is like the instinct of other animals, but to this point Stair is restricting this natural law to humans. Still, he has put us on notice that this is not the whole of natural law. To this point, Stair -- with forerunners -- has done a fine job with natural law. It is like instinct but he does not include animals as knowing it. Stair continues, claiming that God also gave man reason so they might consequently “deduce his law in more particular cases; and this part of the natural law is called the light or law of reason, and is called by Solomon “The candle of the Lord, searching the inward parts.”” (..). So now natural law for Stair, applying to humans, has  29 Institutions, 1.1.1. 30 Romans 2, 14 f.

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