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Aquinas and the Law

Aquinas and the Law. Introduction. Introduction. Thomas Aquinas ( 1225 to 1274) Born into a noble Neapolitan family, but joined the Dominican order He was canonised in 1323 Doctor Angelicus, Doctor Universalis His major work is the Summa Theologiae. Background. Background. Background.

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Aquinas and the Law

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  1. Aquinas and the Law

  2. Introduction

  3. Introduction • Thomas Aquinas (1225 to 1274) • Born into a noble Neapolitan family, but joined the Dominican order • He was canonised in 1323 • Doctor Angelicus, Doctor Universalis • His major work is the Summa Theologiae

  4. Background

  5. Background

  6. Background • Manorial System

  7. Background • Feudalism

  8. Background • Church Medieval illustration of the Donation of Constantine, featuring Pope Sylvester (left) and the Emperor Constantine (right)

  9. Background • Chivalric Virtues prowess courage honesty loyalty generosity faith courtesy kill dragons

  10. Background • Chivalric Virtues rare

  11. Law

  12. Law • Stoics • Natural functions  normativity  Natural Law

  13. Law • Stoics • Natural functions  normativity  Natural Law • Jews • God’s commands revealed to us

  14. Law • Stoics • Natural functions  normativity  Natural Law • Jews • God’s commands revealed to us • Romans • Inspiration of the universal Roman Law

  15. Law • Aquinas’s definition … an ordinance of reason for the common good, made by him who has care of the community, and promulgated

  16. Law • Aquinas’s definition … an ordinance of reason for the common good, made by him who has care of the community, and promulgated • Justified in terms of a final end

  17. Law • Aquinas’s definition … an ordinance of reason for the common good, made by him who has care of the community, and promulgated • Justified in terms of a final end • Rational

  18. Law • Four Kinds of Law • Eternal • Natural • Divine • Positive

  19. Eternal Law • God’s rational plan for the world it is evident that the whole community of the universe is governed by God’s mind … Since God’s mind does not conceive in time, but has an eternal concept … it follows that this law should be called eternal

  20. Natural Law • Non-rational creatures must obey Eternal Law

  21. Natural Law • Non-rational creatures must obey Eternal Law • Rational creatures have free will, and can disobey Eternal Law

  22. Natural Law • Non-rational creatures must obey Eternal Law • Rational creatures have free will, and can disobey Eternal Law • We experience Eternal Law normatively

  23. Natural Law • Non-rational creatures must obey Eternal Law • Rational creatures have free will, and can disobey Eternal Law • We experience Eternal Law normatively • The normative aspect of Eternal Law is Natural Law

  24. Natural Law • Normative and Descriptive Laws

  25. Natural Law • Normative and Descriptive Laws • Descriptive laws describe how things do behave • Example: Law of Gravity

  26. Natural Law • Normative and Descriptive Laws • Descriptive laws describe how things do behave • Example: Law of Gravity • Normative laws specify how people should behave • Example: Ten Commandments

  27. Natural Law • Normative and Descriptive Laws • Descriptive laws describe how things do behave • Example: Law of Gravity • Normative laws specify how people should behave • Example: Ten Commandments • Aquinas claims that Eternal Law is both descriptive and normative

  28. Natural Law • Natural Inclinations

  29. Natural Law • Natural Inclinations • How can we discover the content of Natural Law?

  30. Natural Law • Natural Inclinations • How can we discover the content of Natural Law? • God gave us natural inclinations which are reliable guides to the Natural Law

  31. Natural Law • Natural Inclinations • How can we discover the content of Natural Law? • God gave us natural inclinations which are reliable guides to the Natural Law • The basic principle of Natural Law is: Seek out good and avoid evil

  32. Natural Law • Natural Inclinations • How can we discover the content of Natural Law? • God gave us natural inclinations which are reliable guides to the Natural Law • The basic principle of Natural Law is: Seek out good and avoid evil • Fundamental good things are: Life, procreation, knowledge, society, reasonable conduct

  33. Natural Law • Precepts

  34. Natural Law • Precepts • We can’t do just anything to acquire these goods

  35. Natural Law • Precepts • We can’t do just anything to acquire these goods • By examining our actions, their goals and their circumstances, we can distinguish between proper and defective ways of trying to obtain what is fundamentally good in human life

  36. Natural Law • Precepts • We can’t do just anything to acquire these goods • By examining our actions, their goals and their circumstances, we can distinguish between proper and defective ways of trying to obtain what is fundamentally good in human life • There is no method given that yields principles that cover everything and every circumstance

  37. Natural Law • Primary Precepts • Derivations of the natural law that must always be true and demonstrably so to anyone who is able to understand the words in which the law is formulated. • Example: The intentional killing of innocents, adultery, sodomy or blasphemy

  38. Natural Law • Secondary Precepts • Derivations of the natural law that are rationally derived from primary precepts, but depend upon circumstances • Example: Reasoning of this kind underlies Catholic condemnations of abortion, euthanasia, genetic engineering. • They are defective ways of dealing with primary good of life.

  39. Natural Law • Critique • Is it a confusion of Normative and Descriptive rather than a combination?

  40. Divine Law • Some elements of Eternal Law can only be known through Revelation

  41. Divine Law • Some elements of Eternal Law can only be known through Revelation • This distinguishes Christian knowledge of the Good from pagan

  42. Positive Law • The law as enacted by man

  43. Positive Law • The law as enacted by man • Constraints • clear, publicly known, and capable of general obedience • A law against lying is unreasonable • A law against perjury is something we could obey.

  44. Positive Law • The law as enacted by man • Constraints • clear, publicly known, and capable of general obedience • A law against lying is unreasonable • A law against perjury is something we could obey • the possibility of enforcement • A law against gluttony is unreasonable

  45. Natural Law Gluttony Positive Law Murder Voting Positive Law

  46. Moral Problems • The Doctrine of Double Effect

  47. Moral Problems • The Doctrine of Double Effect • According to Aquinas (ST II II 64.7) the act of self-defence may have two effects: one, the saving of one’s life; the other, the slaying of the aggressor … if a man in self-defence uses more than necessary violence, it will be unlawful, whereas, if he repels force with moderation, his defence will be lawful

  48. Moral Problems • The Doctrine of Double Effect • According to Aquinas (ST II II 64.7) the act of self-defence may have two effects: one, the saving of one’s life; the other, the slaying of the aggressor … if a man in self-defence uses more than necessary violence, it will be unlawful, whereas, if he repels force with moderation, his defence will be lawful • Basically: you may do something with a bad effect if that isn’t your intention in acting

  49. Moral Problems • The Doctrine of Double Effect • According to Mangan A person may perform an action that he foresees will produce a good effect and a bad effect provided that four conditions hold: • the action in itself is good or at least indifferent • the good effect and not the evil effect is intended • the good effect is not produced by means of the evil effect • there is a sufficiently grave reason for permitting the evil effect

  50. Moral Problems • The Doctrine of Double Effect • Example 1: Civilian casualties

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