St' Thomas Aquinas Treatise on Law

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St. Thomas AquinasTreatise on Law

• Moral Theology
• Providence Academy

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Definition (essence) of Law

• An ordinance of reason
• for the common good,
• made by him who has care of the community,
• and promulgated.

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Why an ordinance of reason?

• Objection 3 Action is directed by will, not by
  reason.
• Support Whatsoever pleases the prince, has
  force of law, quoted from Digest of Civil Law.

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What does this objection mean?

• If law comes from the will, rather than from
  reason, it has no justification except for force.
• Because I said so! embodies this view of law.

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Why is Law an ordinance of Reason?

• Reason provides the standard for right action,
  e.g. fairness, justice
• Hence, law must be rational, not just a matter
  of personal desire.
• Just laws are reasonable, while tyranny is
  irrational.

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How does St. Thomas respond to the third
objection?

• If the will of prince is truly to be a law, it
  must agree with right reason, e.g. justice.
• Otherwise, the sovereign's will would savor of
  lawlessness rather than of law.

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How is Law for the common good?

• By common good, St. Thomas does not mean many
  or most but all.
• A park or a highway is a public good but not a
  common good it can only serve so many at
  once.
• Peace is a common good it is belongs to
  everyone at once without growing less.

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On the contrary

• St. Thomas cites the teaching of St. Isidore from
  the Etymology (a kind of medieval encyclopedia)
• Laws are enacted for no private profit, but for
  the common benefit of the citizens.

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Preamble to the American constitution lists a
series of common goods.

• Establish Justice,
• Insure domestic Tranquility,
• Provide for the common defense
• Promote the general Welfare, and
• Secure the Blessings of Liberty to ourselves and
  our Posterity

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Why must law be ordered to the common good?

• Reason orders mans actions to his end, that is,
  happiness.
• But every man is part of a whole, namely the
  whole community.
• Therefore, law must order man to happiness of
  whole community, not just individuals.

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What happens when laws do not serve the common
good?

• When laws do not serve the common good, they are
  considered unjust!
• dictatorship, oligarchy, facism, mob rule are
  all forms of government where the few or many
  benefit, but not all.

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Why do we need authority?

• Objection two Cannot anyones reason lead a man
  to right action?
• Implication We dont need authority everyone
  can figure out for themselves the best way to
  live.

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Authority flows from needs of the common good!

• 1) Law is for the sake of the common good.
• 2) Care for the common good belongs to the whole
  people or some representative.
• 3) Therefore, law must be made by the people or
  some representative.

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No society can function without authority

• Sports teams need coaches
• Picnics need organizers
• Clubs need officers
• Authority is not a necessarily evil no
  society without authority

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Reply to the second objection(isnt private
reason enough?)

• Private advice is not enough
• The law must have coercive power!
• this coercive power is vested in the whole
  people or in some public personage, to whom it
  belongs to inflict penalties.

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What is promulgation?

• promulgate  (prom el-gat , prom ul gat )
• 1. To make known (a decree, for example) by
  public declaration announce officially.
• 2. To put (a law) into effect by formal public
  announcement.

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Laws are established when they are promulgated."
Why?

• In order that a law obtain the binding force
  which is proper to a law, it must needs be
  applied to the men who have to be ruled by it.
• Such application is made by its being notified to
  them by promulgation.
• Wherefore promulgation is necessary for the law
  to obtain its force.

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Ancient law codes were often placed prominently
in temples

• The Code of Hammurabi (pictured) is from 1750 BC.
• "Anu and Bel called by name me, Hammurabi, the
  exalted prince, who feared God, to bring about
  the rule of righteousness in the land."

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The difficulty of modern law is its complexity
and unknowability
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From all this, St. Thomas lays down the
definition of law.

• An ordinance of reason
• for the common good,
• made by him who has care of the community,
• and promulgated.