Aquinas and the Law

Introduction

Introduction Thomas Aquinas (1225 to 1274) Born into a noble Neapolitan family, but joined the Dominican order He was canonised in 1323 Doctor Angelicus, Doctor Universalis His major work is the Summa Theologiae

Background

Background

Background Manorial System

Background Feudalism

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

Background Chivalric Virtues prowess courage honesty loyalty generosity faith courtesy kill dragons

Background Chivalric Virtues rare

Law

Law Stoics Natural functions  normativity  Natural Law

Law Stoics Jews Natural functions  normativity  Natural Law God’s commands revealed to us

Law Stoics Jews Romans Natural functions  normativity  Natural Law God’s commands revealed to us Romans Inspiration of the universal Roman Law

Law Aquinas’s definition … an ordinance of reason for the common good, made by him who has care of the community, and promulgated

Law Aquinas’s definition Justified in terms of a final end … an ordinance of reason for the common good, made by him who has care of the community, and promulgated Justified in terms of a final end

Law Aquinas’s definition Justified in terms of a final end Rational … an ordinance of reason for the common good, made by him who has care of the community, and promulgated Justified in terms of a final end Rational

Law Four Kinds of Law Eternal Natural Divine Positive

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

Natural Law Non-rational creatures must obey Eternal Law

Natural Law Non-rational creatures must obey Eternal Law Rational creatures have free will, and can disobey Eternal Law

Natural Law Non-rational creatures must obey Eternal Law Rational creatures have free will, and can disobey Eternal Law We experience Eternal Law normatively

Natural Law Non-rational creatures must obey Eternal Law Rational creatures have free will, and can disobey Eternal Law We experience Eternal Law normatively The normative aspect of Eternal Law is Natural Law

Natural Law Normative and Descriptive Laws

Natural Law Normative and Descriptive Laws Descriptive laws describe how things do behave Example: Law of Gravity

Natural Law Normative and Descriptive Laws Descriptive laws describe how things do behave Example: Law of Gravity Normative laws specify how people should behave Example: Ten Commandments

Natural Law Normative and Descriptive Laws Descriptive laws describe how things do behave Example: Law of Gravity Normative laws specify how people should behave Example: Ten Commandments Aquinas claims that Eternal Law is both descriptive and normative

Natural Law Natural Inclinations

Natural Law Natural Inclinations How can we discover the content of Natural Law?

Natural Law Natural Inclinations How can we discover the content of Natural Law? God gave us natural inclinations which are reliable guides to the Natural Law

Natural Law Natural Inclinations How can we discover the content of Natural Law? God gave us natural inclinations which are reliable guides to the Natural Law The basic principle of Natural Law is: Seek out good and avoid evil

Natural Law Natural Inclinations How can we discover the content of Natural Law? God gave us natural inclinations which are reliable guides to the Natural Law The basic principle of Natural Law is: Seek out good and avoid evil Fundamental good things are: Life, procreation, knowledge, society, reasonable conduct

Natural Law Precepts

Natural Law Precepts We can’t do just anything to acquire these goods

Natural Law Precepts We can’t do just anything to acquire these goods By examining our actions, their goals and their circumstances, we can distinguish between proper and defective ways of trying to obtain what is fundamentally good in human life

Natural Law Precepts We can’t do just anything to acquire these goods By examining our actions, their goals and their circumstances, we can distinguish between proper and defective ways of trying to obtain what is fundamentally good in human life There is no method given that yields principles that cover everything and every circumstance

Natural Law Primary Precepts Derivations of the natural law that must always be true and demonstrably so to anyone who is able to understand the words in which the law is formulated. Example: The intentional killing of innocents, adultery, sodomy or blasphemy

Natural Law Secondary Precepts Derivations of the natural law that are rationally derived from primary precepts, but depend upon circumstances Example: Reasoning of this kind underlies Catholic condemnations of abortion, euthanasia, genetic engineering. They are defective ways of dealing with primary good of life.

Natural Law Critique Is it a confusion of Normative and Descriptive rather than a combination?

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

Divine Law Some elements of Eternal Law can only be known through Revelation This distinguishes Christian knowledge of the Good from pagan

Positive Law The law as enacted by man

Positive Law The law as enacted by man Constraints clear, publicly known, and capable of general obedience A law against lying is unreasonable A law against perjury is something we could obey.

Positive Law The law as enacted by man Constraints clear, publicly known, and capable of general obedience A law against lying is unreasonable A law against perjury is something we could obey the possibility of enforcement A law against gluttony is unreasonable

Positive Law Natural Law Gluttony Positive Law Murder Voting

Moral Problems The Doctrine of Double Effect

Moral Problems The Doctrine of Double Effect According to Aquinas (ST II II 64.7) the act of self-defence may have two effects: one, the saving of one’s life; the other, the slaying of the aggressor … if a man in self-defence uses more than necessary violence, it will be unlawful, whereas, if he repels force with moderation, his defence will be lawful

Moral Problems The Doctrine of Double Effect According to Aquinas (ST II II 64.7) the act of self-defence may have two effects: one, the saving of one’s life; the other, the slaying of the aggressor … if a man in self-defence uses more than necessary violence, it will be unlawful, whereas, if he repels force with moderation, his defence will be lawful Basically: you may do something with a bad effect if that isn’t your intention in acting

Moral Problems The Doctrine of Double Effect According to Mangan A person may perform an action that he foresees will produce a good effect and a bad effect provided that four conditions hold: the action in itself is good or at least indifferent the good effect and not the evil effect is intended the good effect is not produced by means of the evil effect there is a sufficiently grave reason for permitting the evil effect

Moral Problems The Doctrine of Double Effect Example 1: Civilian casualties

Moral Problems The Doctrine of Double Effect Example 1: Civilian casualties Impermissible - The terror bomber intends to bring about civilian deaths in order to weaken the resolve of the enemy

Moral Problems The Doctrine of Double Effect Example 1: Civilian casualties Impermissible - The terror bomber intends to bring about civilian deaths in order to weaken the resolve of the enemy Permissible - The strategic bomber aims at military targets while foreseeing that bombing such targets will cause civilian deaths

Moral Problems The Doctrine of Double Effect Example 2: Death by Doctor

Moral Problems The Doctrine of Double Effect Example 2: Death by Doctor Impermissible - A doctor who intends to hasten the death of a terminally ill patient by injecting a large dose of morphine

Moral Problems The Doctrine of Double Effect Example 2: Death by Doctor Impermissible - A doctor who intends to hasten the death of a terminally ill patient by injecting a large dose of morphine Permissible - a doctor who intended to relieve the patient's pain with that same dose and merely foresaw the hastening of the patient's death

Moral Problems The Doctrine of Just War

Moral Problems The Doctrine of Just War When is it right to go to war? jus ad bellum What should be the rules of engagement in War? jus in bello How should victors behave? jus post bellum

Moral Problems The Doctrine of Just War jus ad bellum: Aquinas’s view In order for a war to be just, three things are necessary. First, the authority of the sovereign by whose command the war is to be waged. Secondly, a just cause is required, namely that those who are attacked, should be attacked because they deserve it on account of some fault. Thirdly, it is necessary that the belligerents should have a rightful intention, so that they intend the advancement of good, or the avoidance of evil.

Moral Problems The Doctrine of Just War jus ad bellum: A modern view Declared by a legitimate authority. Declared and prosecuted with the right intention. A strong probability of success. The good obtained must be proportional to the harm done. War must be a last resort