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
BackgroundBackground
BackgroundBackground
Manorial SystemManorial System
BackgroundBackground
FeudalismFeudalism
BackgroundBackground
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)
BackgroundBackground
Chivalric VirtuesChivalric Virtuesprowess prowess
courage courage
honesty honesty
loyaltyloyalty
generositygenerosity
faithfaith
courtesycourtesy
kill dragonskill dragons
BackgroundBackground
Chivalric VirtuesChivalric Virtuesrare rare
LawLaw
LawLaw
Stoics Stoics Natural functions Natural functions normativity normativity
Natural LawNatural Law
LawLaw
Stoics Stoics Natural functions Natural functions normativity normativity
Natural LawNatural Law
Jews Jews God’s commands revealed to usGod’s commands revealed to us
LawLaw
Stoics Stoics Natural functions Natural functions normativity normativity
Natural LawNatural Law
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
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
1.1. Justified in terms of a final endJustified in terms of a final end
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
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
Natural LawNatural Law
Non-rational creatures Non-rational creatures must must obey obey Eternal Law Eternal Law
Natural LawNatural Law
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
Natural LawNatural Law
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
Natural LawNatural Law
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
The normative aspect of Eternal The normative aspect of Eternal Law is Natural LawLaw is Natural Law
Natural LawNatural Law
Normative and Descriptive LawsNormative and Descriptive Laws
Natural LawNatural Law
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
Natural LawNatural Law
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
Natural LawNatural Law
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 Aquinas claims that Eternal Law is Aquinas claims that Eternal Law is
both descriptive both descriptive and and normativenormative
Natural LawNatural Law
Natural InclinationsNatural Inclinations
Natural LawNatural Law
Natural InclinationsNatural Inclinations How can we discover the content of How can we discover the content of
Natural Law?Natural Law?
Natural LawNatural Law
Natural InclinationsNatural Inclinations How can we discover the content of How can we discover the content of
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 LawNatural Law
Natural InclinationsNatural Inclinations How can we discover the content of How can we discover the content of
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 LawNatural Law
Natural InclinationsNatural Inclinations How can we discover the content of How can we discover the content of
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
Natural LawNatural Law
PreceptsPrecepts
Natural LawNatural Law
PreceptsPrecepts We can’t do just anything to acquire We can’t do just anything to acquire
these goodsthese goods
Natural LawNatural Law
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
Natural LawNatural Law
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
Natural LawNatural Law
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
Natural LawNatural Law
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.
Natural LawNatural Law
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
Positive LawPositive Law
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.
Positive LawPositive Law
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
Positive LawPositive Law
Natural Law
GluttonyPositive Law
MurderVoting
Moral ProblemsMoral Problems
TThe Doctrine of Double Effecthe Doctrine of Double Effect
Moral ProblemsMoral Problems
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
Moral ProblemsMoral Problems
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
Moral ProblemsMoral Problems
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
Moral ProblemsMoral Problems
TThe Doctrine of Double Effecthe Doctrine of Double Effect Example 1: Civilian casualtiesExample 1: Civilian casualties
Moral ProblemsMoral Problems
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
Moral ProblemsMoral Problems
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
Moral ProblemsMoral Problems
TThe Doctrine of Double Effecthe Doctrine of Double Effect Example 2: Death by DoctorExample 2: Death by Doctor
Moral ProblemsMoral Problems
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
Moral ProblemsMoral Problems
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
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
Moral ProblemsMoral Problems
TThe Doctrine of Just Warhe Doctrine of Just War
Moral ProblemsMoral Problems
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
Moral ProblemsMoral Problems
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.
Moral ProblemsMoral Problems
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