aquinas and the law

Aquinas and the LawAquinas and the Law

IntroductionIntroduction

IntroductionIntroduction

Thomas Aquinas (Thomas Aquinas (1225 to 1274)1225 to 1274) Born into a noble Neapolitan family, Born into a noble Neapolitan family,

but joined the Dominican orderbut joined the Dominican order He was canonised in 1323He was canonised in 1323 Doctor Angelicus, Doctor UniversalisDoctor Angelicus, Doctor Universalis His major work is the His major work is the Summa Summa

TheologiaeTheologiae

BackgroundBackground


Manorial SystemManorial System


FeudalismFeudalism


ChurchChurchMedieval illustration of the Donation of Constantine, featuring Pope Sylvester (left) and the Medieval illustration of the Donation of Constantine, featuring Pope Sylvester (left) and the Emperor Constantine (right) Emperor Constantine (right)


Chivalric VirtuesChivalric Virtuesprowess prowess

courage courage

honesty honesty

loyaltyloyalty

generositygenerosity

faithfaith

courtesycourtesy

kill dragonskill dragons


Chivalric VirtuesChivalric Virtuesrare rare

LawLaw

LawLaw

Stoics Stoics Natural functions Natural functions normativity normativity

Natural LawNatural Law

LawLaw



Jews Jews God’s commands revealed to usGod’s commands revealed to us

LawLaw



Jews Jews God’s commands revealed to usGod’s commands revealed to us

RomansRomans Inspiration of the universal Roman Law Inspiration of the universal Roman Law

LawLaw

Aquinas’s definitionAquinas’s definition

… … an ordinance of reason for the common good, an ordinance of reason for the common good, made by him who has care of the community, and made by him who has care of the community, and promulgated promulgated

LawLaw



1.1. Justified in terms of a final endJustified in terms of a final end

LawLaw



1.1. Justified in terms of a final endJustified in terms of a final end

2.2. RationalRational

LawLaw

Four Kinds of LawFour Kinds of Law EternalEternal NaturalNatural DivineDivine PositivePositive

Eternal LawEternal Law

God’s rational plan for the worldGod’s rational plan for the world

it is evident that the whole community of the it is evident that the whole community of the universe is governed by God’s mind … Since God’s universe is governed by God’s mind … Since God’s mind does not conceive in time, but has an eternal mind does not conceive in time, but has an eternal concept … it follows that this law should be called concept … it follows that this law should be called eternaleternal


Non-rational creatures Non-rational creatures must must obey obey Eternal Law Eternal Law



Rational creatures have free will, Rational creatures have free will, and can disobey Eternal Lawand can disobey Eternal Law




We experience Eternal Law We experience Eternal Law normativelynormatively




We experience Eternal Law We experience Eternal Law normativelynormatively

The normative aspect of Eternal The normative aspect of Eternal Law is Natural LawLaw is Natural Law


Normative and Descriptive LawsNormative and Descriptive Laws


Normative and Descriptive LawsNormative and Descriptive Laws Descriptive laws Descriptive laws describedescribe how things how things

do behavedo behave Example: Law of GravityExample: Law of Gravity




Normative laws specify how people Normative laws specify how people shouldshould behave behave

ExampleExample: : Ten CommandmentsTen Commandments




Normative laws specify how people Normative laws specify how people shouldshould behave behave

ExampleExample: : Ten CommandmentsTen Commandments Aquinas claims that Eternal Law is Aquinas claims that Eternal Law is

both descriptive both descriptive and and normativenormative


Natural InclinationsNatural Inclinations


Natural InclinationsNatural Inclinations How can we discover the content of How can we discover the content of

Natural Law?Natural Law?



Natural Law?Natural Law? God gave us God gave us natural inclinationsnatural inclinations which which

are reliable guides to the Natural Laware reliable guides to the Natural Law



Natural Law?Natural Law? God gave us natural inclinations which God gave us natural inclinations which

are reliable guides to the Natural Laware reliable guides to the Natural Law The basic principle of Natural Law is: The basic principle of Natural Law is:

Seek out good and avoid evilSeek out good and avoid evil



Natural Law?Natural Law? God gave us natural inclinations which are God gave us natural inclinations which are

reliable guides to the Natural Lawreliable guides to the Natural Law The basic principle of Natural Law is: The basic principle of Natural Law is:

Seek out good and avoid evilSeek out good and avoid evil Fundamental good things are: Fundamental good things are:

LifeLife, , procreationprocreation, , knowledgeknowledge, , societysociety, , reasonable reasonable conductconduct


PreceptsPrecepts


PreceptsPrecepts We can’t do just anything to acquire We can’t do just anything to acquire

these goodsthese goods


PreceptsPrecepts We can’t do just anything to acquire We can’t do just anything to acquire

these goodsthese goods By examining our actions, their goals By examining our actions, their goals

and their circumstances, we can and their circumstances, we can distinguish between proper and distinguish between proper and defective ways of trying to obtain what defective ways of trying to obtain what is fundamentally good in human lifeis fundamentally good in human life


PreceptsPrecepts We can’t do just anything to acquire these We can’t do just anything to acquire these

goodsgoods By examining our actions, their goals and By examining our actions, their goals and

their circumstances, we can distinguish their circumstances, we can distinguish between proper and defective ways of between proper and defective ways of trying to obtain what is fundamentally trying to obtain what is fundamentally good in human lifegood in human life

There is no method given that yields There is no method given that yields principles that cover everything and every principles that cover everything and every circumstancecircumstance


Primary PreceptsPrimary Precepts Derivations of the natural law that Derivations of the natural law that

must always be true and demonstrably must always be true and demonstrably so to anyone who is able to understand so to anyone who is able to understand the words in which the law is the words in which the law is formulated.formulated.

Example: The intentional killing of Example: The intentional killing of innocents, innocents, adultery, sodomy or blasphemyadultery, sodomy or blasphemy


Secondary PreceptsSecondary Precepts Derivations of the natural law that are Derivations of the natural law that are

rationally derived from primary rationally derived from primary precepts, but depend upon precepts, but depend upon circumstancescircumstances

Example: Reasoning of this kind underlies Example: Reasoning of this kind underlies Catholic Catholic condemnations of abortion, condemnations of abortion, euthanasia, genetic engineering.euthanasia, genetic engineering. They are defective ways of dealing with primary They are defective ways of dealing with primary

good of life. good of life.


CritiqueCritique Is it a Is it a confusionconfusion of Normative and of Normative and

Descriptive rather than a Descriptive rather than a combination?combination?

Divine LawDivine Law

Some elements of Eternal Law can Some elements of Eternal Law can only be known through Revelationonly be known through Revelation

Divine LawDivine Law

Some elements of Eternal Law can Some elements of Eternal Law can only be known through Revelationonly be known through Revelation

This distinguishes Christian This distinguishes Christian knowledge of the Good from paganknowledge of the Good from pagan

Positive LawPositive Law

The law as eThe law as enacted by mannacted by man


The law as eThe law as enacted by mannacted by man ConstraintsConstraints

clear, publicly known, and capable of clear, publicly known, and capable of general obediencegeneral obedience

A law against lying is unreasonableA law against lying is unreasonable A law against perjury is something we A law against perjury is something we

could obey.could obey.


The law as eThe law as enacted by mannacted by man ConstraintsConstraints

clear, publicly known, and capable of clear, publicly known, and capable of general obediencegeneral obedience

A law against lying is unreasonableA law against lying is unreasonable A law against perjury is something we A law against perjury is something we

could obeycould obey the possibility of enforcementthe possibility of enforcement

A law against gluttony is unreasonableA law against gluttony is unreasonable


Natural Law

GluttonyPositive Law

MurderVoting

Moral ProblemsMoral Problems

TThe Doctrine of Double Effecthe Doctrine of Double Effect


TThe Doctrine of Double Effecthe Doctrine of Double Effect According to Aquinas According to Aquinas (ST (ST II II 64.7)II II 64.7)

the act of self-defence may have two effects: one, the act of self-defence may have two effects: one, the saving of one’s life; the other, the slaying of the the saving of one’s life; the other, the slaying of the aggressoraggressor … …

if a man in self-defence uses more than necessary if a man in self-defence uses more than necessary violence, it will be unlawful, whereas, if he repels violence, it will be unlawful, whereas, if he repels force with moderation, his defence will be lawfulforce with moderation, his defence will be lawful


TThe Doctrine of Double Effecthe Doctrine of Double Effect According to Aquinas According to Aquinas (ST (ST II II 64.7)II II 64.7)

the act of self-defence may have two effects: one, the the act of self-defence may have two effects: one, the saving of one’s life; the other, the slaying of the saving of one’s life; the other, the slaying of the aggressoraggressor … …

if a man in self-defence uses more than necessary if a man in self-defence uses more than necessary violence, it will be unlawful, whereas, if he repels force violence, it will be unlawful, whereas, if he repels force with moderation, his defence will be lawfulwith moderation, his defence will be lawful

Basically: you may do something with a bad Basically: you may do something with a bad effect if that isn’t your intention in actingeffect if that isn’t your intention in acting


TThe Doctrine of Double Effecthe Doctrine of Double Effect According to ManganAccording to Mangan

A person may perform an action that he foresees will A person may perform an action that he foresees will produce a good effect and a bad effect provided that produce a good effect and a bad effect provided that four conditions hold:four conditions hold:

1.1. the action in itself is good or at least indifferent the action in itself is good or at least indifferent

2.2. the good effect and not the evil effect is intendedthe good effect and not the evil effect is intended

3.3. the good effect is not produced by means of the evil the good effect is not produced by means of the evil effecteffect

4.4. there is a sufficiently grave reason for permitting there is a sufficiently grave reason for permitting the evil effectthe evil effect


TThe Doctrine of Double Effecthe Doctrine of Double Effect Example 1: Civilian casualtiesExample 1: Civilian casualties


TThe Doctrine of Double Effecthe Doctrine of Double Effect Example 1: Civilian casualtiesExample 1: Civilian casualties

Impermissible - The terror bomber intends Impermissible - The terror bomber intends to bring about civilian deaths in order to to bring about civilian deaths in order to weaken the resolve of the enemyweaken the resolve of the enemy


TThe Dhe Doctrine of Double Effectoctrine of Double Effect ExamExample 1: Civilian casualtiesple 1: Civilian casualties

ImImpermissible - The terror bomber intends permissible - The terror bomber intends to bringto bring abo about civilian deaths in order to ut civilian deaths in order to weaken the resolve of weaken the resolve of thethe enemy enemy

PerPermissible - The strategic bomber aims at missible - The strategic bomber aims at militarymilitary tar targets while foreseeing that gets while foreseeing that bombing such targets will bombing such targets will caucause civilian se civilian deathsdeaths


TThe Doctrine of Double Effecthe Doctrine of Double Effect Example 2: Death by DoctorExample 2: Death by Doctor



Impermissible - A doctor who intends to Impermissible - A doctor who intends to hasten the death of a terminally ill patient hasten the death of a terminally ill patient by injecting a large dose of morphineby injecting a large dose of morphine



Impermissible - A doctor who intends to Impermissible - A doctor who intends to hasten the death of a terminally ill patient hasten the death of a terminally ill patient by injecting a large dose of morphineby injecting a large dose of morphine

Permissible - a doctor who intended to Permissible - a doctor who intended to relieve the patient's pain with that same relieve the patient's pain with that same dose and merely foresaw the hastening of dose and merely foresaw the hastening of the patient's deaththe patient's death


TThe Doctrine of Just Warhe Doctrine of Just War


TThe Doctrine of Just Warhe Doctrine of Just War When is it right to go to war? When is it right to go to war?

jus ad bellumjus ad bellum What should be the rules of What should be the rules of

engagement in War?engagement in War?

jus in bellojus in bello How should victors behave?How should victors behave?

jus post bellumjus post bellum


TThe Doctrine of Just Warhe Doctrine of Just War jus ad bellumjus ad bellum: Aquinas’s view: Aquinas’s view

In order for a war to be just, three things are In order for a war to be just, three things are necessary. First, the authority of the sovereign necessary. First, the authority of the sovereign by whose command the war is to be waged. by whose command the war is to be waged.

Secondly, a just cause is required, namely that Secondly, a just cause is required, namely that those who are attacked, should be attacked those who are attacked, should be attacked because they deserve it on account of some fault. because they deserve it on account of some fault.

Thirdly, it is necessary that the belligerents Thirdly, it is necessary that the belligerents should have a rightful intention, so that they should have a rightful intention, so that they intend the advancement of good, or the intend the advancement of good, or the avoidance of evil.avoidance of evil.


TThe Doctrine of Just Warhe Doctrine of Just War jus ad bellumjus ad bellum: A modern view: A modern view

1.1. Declared by a legitimate authority.Declared by a legitimate authority.

2.2. Declared and prosecuted with the right Declared and prosecuted with the right intention. intention.

3.3. A strong probability of success.A strong probability of success.

4.4. The good obtained must be proportional to The good obtained must be proportional to the harm done.the harm done.

5.5. War must be a last resortWar must be a last resort

aquinas and the law

Documents

content of natural law

eternal law rational

law of gravitynormative

eternal concept

ordinance of reason

gods mind

reliable guides

donation of constantine