College of Education

School of Continuing and Distance Education 2014/2015 – 2016/2017

POLI 341: ANCIENT AND MEDIEVAL POLITICAL THOUGHT Session 11 - ST. THOMAS AQUINAS

Lecturers: Dr. E. Aggrey-Darkoh & Mr Alex K.D. Frempong Department of Political Science

Contact Information: eaggrey-darkoh@ug.edu.gh &kaadupong2002@yahoo.co.uk

1 godsonug.wordpress.com/blog

Session Overview

• Welcome to session 11: St Thomas Aquinas. • In this session, we examine, the background, political ideals and three

aspeĐts of ǁhat ĐoŶstitutes the ŵost iŵpoƌtaŶt paƌt of AƋuiŶas politiĐal thought: Law.

• We study the essence, types and effects of Law and in the process, see how

Aquinas attempts to combine the Greek and Roman views on Law. • We also disĐuss AƋuiŶas ǀieǁs oŶ the oƌigiŶ aŶd fuŶĐtioŶs of the state as

well as his discussion of the necessity of government, the forms of government, the motives and justifications of rulers, and the nature and duties of ruler-ship.

• The relationship between the state and the church has always been a contentious issue. Some authorities argue that the state by virtue of being an association of associations must predominate.

• While others contend that the church being sacrosanct in spiritual matters must dominate. We discuss this contentious issue from the view point of Aquinas. 2

Session outline

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This session covers the following topics:

• The Background and Political Ideals of St. Thomas Aquinas

• The Essence and Significance of Law

• Types and Effects of Law

• State and Government

TOPIC ONE

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THE BACKGROUND AND POLITICAL

IDEALS OF ST. THOMAS

AQUINAS

The Background of St. Thomas Aquinas

• St. Thomas Aquinas was born at Aquino, a tiny place near Naples (Italy) from which he obtained the title Aquinas, in 1227 AD.

• But he was better known as Thomas and his thought as Thomism. He belonged to an aristocratic (noble) Italian family with connections to European kings and emperors.

• In order to become a church father and to devote his life to the cause of Christianity, he surrendered his Ŷoďle title CouŶt oǀeƌ the pƌotests of his faŵilLJ.

• He joined the Dominican order at the age of 19 and studied in Naples, Cologne and Paris. He died at the age

of 47 in 1274 AD. 5

His Works

• Aquinas was the most important Christian political thinker of the late Middle Ages. Though as a

theologian, politics was only one of his pre- occupations.

• He wrote about seventy books on various subjects

and was called an encyclopaedia.

• His most important contribution to political thought is the incorporation of Aristotelian ideas

into Christian thought.(Thomism is the synthesis of

Aristotle and Christianity) 6

Political ideal of Aquinas

• OŶ his paƌt, AƋuiŶas iŶ the Tƌeatise oŶ Laǁ, paƌt of his book Summa Theologica (written from 1266- 1273), tried to discern a positive role for politics in

a world of sinners, and to find a way in which

reason and faith might work .

• AƋuiŶas philosophLJ ǁas ďased oŶ aŶ all-embracing

soĐietLJ iŶ ǁhiĐh ŵaŶs politiĐal aŶd ƌeligious Ŷatuƌe could be harmonized.

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PolitiĐal Ideals ;ĐoŶtdͿ

• Just as Augustine was phenomenal in the early Middle Ages, Aquinas also became the most important political thinker of the late Middle Ages.

• Before Aquinas, the church fathers and other medieval thinkers held that the state was ordained by God and the government was the instrument devised by God to punish evildoers.

• Aquinas sought a way to synthesize Christian thought, paƌtiĐulaƌlLJ AugustiŶes, ǁith that of Aƌistotle.

• While for Aristotle, man is essentially a political animal who realizes himself in the political community, for Augustine, salvation of the soul is paramount: the kingdom of true justice is not of this world, but of the hereafter. 8

PolitiĐal Ideals ;ĐoŶtdͿ

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TOPIC TWO

THE ESSENCE AND SIGNIFICANCE OF LAW

The Essence of Law

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Laǁ, aĐĐoƌdiŶg to AƋuiŶas, is ŶothiŶg else thaŶ aŶ oƌdiŶaŶĐe of reason for common good, made by him who has care for the ĐoŵŵuŶitLJ aŶd pƌoŵulgated.

The above definition has the following two special features: Law is the rule and measure of acts whereby man is induced

to act or is restrained from acting and that measure of human action is reasoning.

Law therefore is something pertaining to reason. The ǁoƌd laǁ is deƌiǀed fƌoŵ the ǀeƌď to ďiŶd ďeĐause it binds one to act. Reason has the power to move the will, because whenever

someone desires an end, reason commands what is to be done to reach it.

The EsseŶĐe of Laǁ ;ĐoŶtdͿ

11

In order for an act of will that something is to be done to

have the character of law, it must be guided by reason.

This is hoǁ ǁe should uŶdeƌstaŶd the RoŵaŶ saLJiŶg the ǁill of the pƌiŶĐe has the foƌĐe of laǁ otheƌǁise the ǁill of the prince would be iniquity rather than law.

• Another foundation of law is the common good. – Law is directed towards the common good.

– Although the law sometimes aims at the interest of private individuals, its chief purpose is the attainment of the general welfare.

– That is why according to Aquinas, the one who promulgates the law must be acquainted with the common good of the community.

Significance of Law

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AƋuiŶas ĐoŶĐeptioŶ of laǁ is highlLJ sigŶifiĐaŶt iŶ the folloǁiŶg ǁaLJs:

He combines both reason and human factor in his concept of the law. This differs from the Greek philosophers who regarded law as impersonal in

origin and the Roman lawyers who emphasized the personal factor. Aquinas significantly combines both reason and human factor in his concept of

the law.

IŶ AƋuiŶas defiŶitioŶ laǁ is ďoth ƌeasoŶ aŶd edžpƌessioŶ of ǁill. EǀeŶ todaLJ ǁe hold that reason must be embodied in every law, otherwise it cannot command allegiance from citizens.

AƋuiŶas atteŵpt to ƌelate ĐoŵŵoŶ good to laǁ is also Ŷote ǁoƌthLJ ďeĐause he makes the law play a prominent role in society. Aquinas also provides interesting answers to two important aspects of Law:

whether or not it is always directed towards the common good and whether or not any person at all can make Law.

SigŶifiĐaŶĐe of Laǁ ;ĐoŶtdͿ

On the question of whether Law is always directed towards the common good, Aquinas is affirmative, arguing that since every part (of a thing) is directed towards the whole as the imperfect is to the perfect, and as the individual is part of a perfect whole, that is, the community, the law therefore must concern itself in particular with the happiness of the community.

To the question whether any person can make law, Aquinas replies by emphasizing that properly speaking since the law has as its first and foremost purpose the ordering of the common good, the law is the responsibility of the whole people, or someone who represents the whole people. In order for a law to have the needed binding force it must be made

known to those who are to be ruled by it through promulgation.

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TOPIC THREE

TYPES AND EFFECTS OF LAW

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Types of Law

AƋuiŶas ĐlassifiĐatioŶ of laǁ ǁas oŶe of the ŵost characteristic part of his philosophy.

An unlawful ruler is not merely a violator of human

rights and institutions but a rebel against the whole

divine system by which God rules the world.

He classified law into four kinds:

Eternal law,

Natural law,

Divine law and

Human law. 15

Eternal Law Eternal Law is the reason existing in the mind of God by which the

whole community is governed. It is identified with the divine reason that governs the universe.

AƋuiŶas Đalls it eteƌŶal ďeĐause Gods ƌeasoŶ oƌ Gods ƌule of the world is not subject to time but is eternal. The eternal law is above the physical nature of man and it is

ďeLJoŶd ŵaŶs ĐoŵpƌeheŶsioŶ ;uŶdeƌstaŶdiŶgͿ. MaŶ aĐts iŶ accordance to the wishes of God and he participates in His goodness and wisdom.

Man has no contribution to the making and changing of eternal law and he cannot keep himself away from the operation of this law.

In short, eternal Law derives from God as the ruler of the universe, is governed by divine reason and providence and not subject to time.

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The Natural Law

Aquinas argues that Natural Law emanates from God and expresses itself in nature. Aquinas like Cicero sees natural law as universal and unchanging. To him, since everything that is subject to divine providence is

regulated and measured by eternal law, all things participate in the eternal law in a certain way.

This is because it is imprinted upon them through their respective inclinations to the proper actions and ends.

Rational creatures are under divine providence in a more excellent way than the others since by providing for themselves and others they share in the action of providence themselves.

They participate in eternal reason in that they have a natural inclination to their proper actions and ends

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Natural Laǁ ;coŶt’dͿ

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According to Aquinas, natural law belongs to those things to which a man is inclined naturally.

It is proper for man to be inclined to act according to reason. Nature implants the inclination in all animals. Man with his superior intelligence and capability is able to find out

the distinction between good and bad and he acts according to reason.

Aquinas distinguishes between three species of natural law (a) There is the good that man pursues in accordance with the nature he

has in common with all substances such as self preservation; ( b) There is the inclination man has towards certain forms of conduct

that he shares with all animals such as sexual activities and education of offspring, etc; and

(c) There is the inclination in him that is specifically human such as the desire to know God and avoid offending those with whom one lives.

Natural Law ;coŶt’dͿ

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• Natural Law, therefore, derives from the eternal law by

rational creatures in their natural inclination to their proper actions and ends.

• Aquinas argues that the world is governed by divine

providence, therefore the rational governance of everything on the part of God, as the ruler of the universe, has the quality of law.

• SiŶĐe the diǀiŶe ƌeasoŶs ĐoŶĐeptioŶ of thiŶgs is Ŷot suďjeĐt to time but is eternal, this kind of law must be

called eternal.

The Human Law

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Human Law proceeds from the precepts of the natural law. Man possesses a natural aptitude for virtue but needs a certain discipline to perfect that virtue. The man who can develop such discipline by himself is rare. Parental discipline through moral suasion is sufficient for those young people who are inclined to the life of virtue by natural disposition, or custom, or even more because of the help of God. But since there are some who are dissolute and prone to vice who cannot easily be moved by words alone, these have to be restrained from doing evil by force and fear so that they will cease to do evil and leave others in peace, and so that after they become habituated in this way they will do voluntarily what they did earlier out of fear, and become virtuous.

The HuŵaŶ Laǁ ;coŶt’dͿ

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Now this kind of discipline through fear of punishment is the discipline of law. Therefore laws are adopted to bring about peace and virtue

among men. Foƌ as Aƌistotle saLJs; MaŶ is the Ŷoďlest of aŶiŵals if he is peƌfeĐt

iŶ ǀiƌtue, ďut if he depaƌts fƌoŵ laǁ aŶd justiĐe he is the ǁoƌst.

For unlike other animals man possesses weapons of reason which he can use to satisfy his passions and base instincts.

Aquinas justifies the existence of human law on two grounds. 1.That it is not always possible for human beings to apprehend

perfectly the inner meaning and objective of divine law. 2.The natural law cannot always be applied to specific problems.

The Divine Law

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• He tƌeats diǀiŶe laǁ as the gift of Gods gƌaĐe that is communicated to man through revelation rather that a discovery of natural reason.

The significance of Divine Law

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• Aquinas justifies the existence of Divine Law in addition

to Natural and Human Law on four grounds. • Man is destined to the end of eternal bliss which

exceeds the capacity of the natural human faculties, it is necessary for him to be directed to this end by divinely-revealed law.

• The uncertainty of human judgement. It happens that different decisions are made about different human acts, so that laws are often divergent and even contradictory. For man to know what he should do and not to do without any doubt, it is necessary for him to be directed in his actions by a law given by God, for it is certain such law cannot err.

The sigŶifiĐaŶĐe of DiǀiŶe Laǁ ;ĐoŶtdͿ

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Man can make laws about matters that are capable of being judged, only about external actions that are public and not about internal motivations that are hidden.

To be perfectly virtuous, however, man must be upright in both kinds of actions. Since human law could not punish or direct interior actions

sufficiently, it is necessary for there to be a divine law. Human law cannot punish or prohibit every evil action,

because in trying to eliminate evils it may also do away with many good things and the interests of the common good which is necessary for human society may be adversely affected.

In order for no evil to go unpunished, there is the need for divine law which forbids all sin.

TOPIC FOUR

STATE AND GOVERNMENT

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The Effects of Law

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• On the effect of the law, Aquinas answers the following questions such as:

• Is it the iŶteŶtioŶ of the laǁ to ŵake ŵeŶ good?

• Should huŵaŶ laǁ ƌepƌess all ǀiĐes?

• Is eǀeƌLJďodLJ suďjeĐt to the laǁ?

• Aƌe ǁe oďliged to oďeLJ the laǁ? aŶd

• What is the ƌelatioŶship ďetǁeeŶ Laǁ aŶd JustiĐe?

The Effects of Laǁ ;coŶt’dͿ

others. 27

In reaction to whether the purpose of the law is to make men good, Aquinas argues as follows: If the intention of the legislator is directed at the true

good, i.e. the common good, and regulated according to the principles of divine justice, it follows that the law will make men good absolutely.

In response to whether human law should repress all vices, Aquinas argues that:

not everything is possible for both the virtuous man and one who does not have the habit of virtue, just as the same thing is not possible for a boy and a full-grown man. Many things are permitted to children which would be punished or at least criticized in adults. It prohibits those vices that harm

The Effects of Laǁ ;coŶt’dͿ

law at all’. 28

Aquinas responds to whether everyone is subject to the law by distinguishing between two characteristics of Law to explain how the ruler can be said to be above the law.

1.It is the rule of human actions

2.It has coercive force.

Similarly, Aquinas refers to ways in which a law may be unjust in responding to whether we are obliged to obey the law.

A law may be unjust if it is contrary to human good in its object, in its author, or in its form. Some laws are imposed for the cupidity of the ruler and not the well being of the society.

AugustiŶe saLJs A law that is unjust is considered to be no

The Effects of Laǁ ;coŶt’dͿ

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• Therefore laws of this kind are not binding on the individual. But to avoid scandal or disorder, a man may giǀe up his ƌight to disoďeLJ as Mattheǁs Gospel saLJs if someone forces you to go a mile, go with him an extra tǁo, if he takes LJouƌ Đoat, giǀe hiŵ LJouƌ Đloak as ǁell (Matthew 5: 40-1).

• On the other hand, if the law is unjust because it is contrary to divine goodness. For example, laws enforcing idolatry or another action that is against divine law.

• To Aquinas, under no circumstance may such laws be oďeLJed foƌ as it is said iŶ the AĐts of Apostles, We must obey God rather thaŶ ŵeŶ”.

The Effects of Laǁ ;coŶt’dͿ

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AƋuiŶas idea of justiĐe is also ƌelated ǁith his ĐoŶĐept of laǁ. In his view, justice is the fixed and perpetual will to give everyone

his own rights. The fundamental principle of justice is equality. He says that if a man gives something and in exchange of that he gets back the same then it will be said that there is equality. But nature may not always be conducive to achieve equality and

may not always be conducive to the fostering of justice. This may not be a deficiency of nature but the peculiarity of

human society. However, human law has a positive part to play in implementing

rights and justice. The purpose of the written law is to supplement the natural

justice and not to create new justice.

The State and Government

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To Aquinas, man is naturally social and the state is a natural institution. Man is also a political animal for he must live in a group, not merely to

survive but to learn how to think. God iŶteŶds that ŵaŶ deǀelop Ŷatuƌal kŶoǁledge ǁhiĐh is the ĐapaĐitLJ of

ƌeasoŶiŶg fƌoŵ uŶiǀeƌsal pƌiŶĐiples to ǁhat iŶ paƌtiĐulaƌ ĐoŶĐeƌŶs his ǁell- ďeiŶg.

But aŶ iŶdiǀiduals ƌeasoŶ is iŶadeƋuate to ƌeaĐh these ŵatteƌs ǁithout the help of a political community.

Like any other entity, a political group has a regulative principle by which it can and must be guided to its proper end.

The guiding in this case should be done by a governor motivated solely by interest in the public good.

If a goǀeƌŶŵeŶt is diƌeĐted iŶ the paƌtiĐulaƌ iŶteƌest of the ƌuleƌ aŶd Ŷot foƌ the ĐoŵŵoŶ good, this is a peƌǀeƌsioŶ of goǀeƌŶŵeŶt aŶd Ŷo loŶgeƌ just.

The State aŶd GoǀerŶŵeŶt ;coŶt’dͿ

• AƋuiŶas agƌees ǁith Aƌistotle that it is ŵaŶs soĐial impulse that is the origin of the state and also that the good life is the purpose of the state; but Aquinas goes further.

• Whereas Aristotle thought that everything could be attained here and now on this earth, Aquinas as a Christian was concerned with the other world.

• The universe forms a hierarchy reaching from God at its

summit down to the lowest being. • In such hierarchy, human nature has a unique place

among created beings, since man possesses not only a bodily nature but also a rational and spiritual soul by virtue of which he is akin to God. 32

Government

St. Thomas Aquinas posits that the virtuous life for all is the proper aim of government. Aquinas gives two reasons for government:

• Man is naturally a social being and so in the state

of innocence he would have led a social life.

1.Because there must be some organization of social life, government sprang up for the purpose of ensuring a superintending of the common good.

2. If one man surpasses others in knowledge and justice, it will be wrong to disregard such superiority for the benefit of all. 33

Types of Government

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Aquinas following Aristotle says that broadly there are two types of government:

•One that aims at the welfare of the ruler and

•The other that seeks the welfare of all men- ideal and just.

Whereas in the perverted form of government there are tyranny, oligarchy and democracy in the ideal type there are kingship, aristocracy and polity.

•Monarchy is the best form of government.-it follows that the best form of government in human society is that ǁhiĐh is edžeƌĐised ďLJ oŶe peƌsoŶ

Functions of Government

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AƋuiŶass ĐoŶĐept of the fuŶĐtioŶs of goǀeƌŶŵeŶt has tǁo aspects – the first is the influence of Aristotle and second, the influence

of the Bible. •AƋuiŶas agƌees ǁith Aƌistotles ǀieǁ that the tƌue fuŶĐtioŶ of the government is to promote rights and moral living of all subjects. •According to Aquinas the duty of every ruler is to direct his activities to the happy and virtuous life. •The government must provide security to all its citizens and defend its people from any external aggression. – Failure in this field will jeopardize the moral and the right living of citizens to which it is committed.

FuŶĐtioŶs of GoǀeƌŶŵeŶt ;ĐoŶtdͿ

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The Bible adds a number of other functions.

•It is the duty of the prince to keep the roads safe

and free.

•The government must look after the poor, in line

with Christian sympathy towards the weak and

suffering people.