aquinas concept of law and conscience
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AquinasConcept of
Law and
Conscience
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[T]here is in nature a common principle ofthe just and unjust that all people in some
way divine [i.e., discern], even if they haveno association or commerce with eachother.
Aristotle, On Rhetoric
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Law means a promulgated rationalordering to the common good on thepart of one with authority in thecommunity.
Eternal Law Natural Law Human Positive Law
LEX
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Thomas Aquinas
Aquinas offers astructure of counselthat moves fromprinciples to aconclusion thatguides choice andaction .
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Natural Law
This law derives its force and
authority from God. It is superior toother laws. It is binding to the wholeworld, in all countries, and at all
times.
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All creatures governed by Godmanifests his divine reason and this istrue to man being imago dei. Manparticipates in this eternal law throughthe natural law. However, man is morecomplex than other natural beingsbecause it has his own reason and
liberty that enables him to judge fromwhat is good and what is not.
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This then is the first precept of thelaw: Good is to be done and pursued,
and evil is to be avoided. On this arebased all the other precepts of thelaw of nature; such that all things tobe done or avoided pertain toprecepts of natural law that practicalreason naturally grasps as humangoods.
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This general principle is being tested
in particular circumstances becausehuman conduct is necessarily boundup conditions of time and space.
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Conscience
The obligation to act in a particular
way in a particular instance affectsthe will through the intermediary ofact of knowledge, that is, applying or
not the general principles of law to aparticular case.
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Synderesis which is the use of rightreason by which we learn basic moralprinciples and understand that wehave to do good and avoid evil.
Conscientia which is the actual judgement or decision we make thatleads us to act.
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Prudence, the right reasoningconcerning things to be done, which
determines what act should beperformed in particular cases.
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Two types of ignorance:1. INVINCIBLE IGNORANCE Non-culpable ignorance, factors that arebeyond your control.
2. VINCIBLE IGNORANCE Culpable
ignorance, factors within the realmsof your duty to be knowledgeable of.
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They show that the work of the lawis written on their hearts, while theirconscience also bears witness, andtheir conflicting thoughts accuse oreven excuse them 16 on that daywhen, according to my gospel, God judges the secrets of men by ChristJesus. (Romans 2:15-16)