Law (Aquinas)

Slides on St. Thomas' Aquinas thoughts on Law for an undergraduate course in Political Thought that I taught between 2003-2005.

1. ON LAW AND KINGSHIPON LAW AND KINGSHIP
(St. Thomas Aquinas)(St. Thomas Aquinas)

2. OVERVIEWOVERVIEW
St. Thomas Aquinas: Brief BioSt. Thomas Aquinas: Brief Bio
Philosophical definition of LawPhilosophical definition of Law
Four kinds of LawFour kinds of Law
1.1.Eternal LawEternal Law
2.2.Natural LawNatural Law
3.3.Divine LawDivine Law
4.4.Human LawHuman Law
Some notes on Political AuthoritySome notes on Political Authority

3. St. Thomas AquinasSt. Thomas Aquinas
Born 1225 AD; Died 1274 ADBorn 1225 AD; Died 1274 AD
Dominican priestDominican priest
Catholic theologian and Catholic theologian and
philosopher in the tradition of philosopher in the tradition of
AristotleAristotle
Famous treatise:Famous treatise: Summa Summa
TheologicaTheologica

4. What is Law?What is Law?
Directed towards specific endsDirected towards specific ends
Something that induces us to Something that induces us to
act in a certain wayact in a certain way
Something that restrains us Something that restrains us
from acting in certain waysfrom acting in certain ways

5. What is Law?What is Law?
“…“…an ordinance of reason an ordinance of reason
for the common good, for the common good,
made by him who has the made by him who has the
care of the community, care of the community,
and promulgated.”and promulgated.”

6. 4 Kinds of Law4 Kinds of Law
1.1.Eternal LawEternal Law
2.2.Natural LawNatural Law
3.3.Divine LawDivine Law
4.4.Human LawHuman Law

7. Eternal LawEternal Law
That law which exists because of That law which exists because of
God’s Divine ProvidenceGod’s Divine Providence
As God created the Universe, the As God created the Universe, the
Universe is governed by His lawsUniverse is governed by His laws
Eternal law is the basis for Eternal law is the basis for allall
other kinds of lawsother kinds of laws

8. Natural LawNatural Law
The rational creature’s The rational creature’s
participation in Eternal lawparticipation in Eternal law
Rational creatures derive their Rational creatures derive their
acts and ends from natural lawacts and ends from natural law
Basic formulation: “do good, Basic formulation: “do good,
avoid evil”avoid evil”

9. Divine LawDivine Law
Specific formulations of Specific formulations of
eternal laweternal law
Necessary for the directing of Necessary for the directing of
human conducthuman conduct

10. The Need for Divine LawThe Need for Divine Law
Man’s faculties are insufficient Man’s faculties are insufficient
to direct him to his proper endto direct him to his proper end
Human judgment is uncertainHuman judgment is uncertain
Some law must exist to govern Some law must exist to govern
internal actionsinternal actions
All evil deeds must get All evil deeds must get
punishedpunished

11. Human (Positive) LawHuman (Positive) Law
Formulations of human reason Formulations of human reason
concerning particular concerning particular
determinations of natural lawdeterminations of natural law
Concerned with transient / Concerned with transient /
contingent realitiescontingent realities
A means to enable man to live A means to enable man to live
virtuouslyvirtuously

12. When are laws just?When are laws just?
Based on right reasonBased on right reason
Ordained towards the common Ordained towards the common
goodgood
Must not exceed the power of Must not exceed the power of
the lawgiverthe lawgiver
The burden of abiding by the law The burden of abiding by the law
must be commensurate to the must be commensurate to the
attainment of the common goodattainment of the common good

13. On Political AuthorityOn Political Authority
Political authority is necessary to Political authority is necessary to
maintain order in societymaintain order in society
Rulers are bound to secure the Rulers are bound to secure the
welfare of their subjectswelfare of their subjects
Unity achieves more than divisionUnity achieves more than division
Hence, dividing power protects Hence, dividing power protects
against tyranniesagainst tyrannies