1 / 59

Aquinas and the Law

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.

oscar-cameron
Télécharger la présentation

Aquinas and the Law

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Aquinas and the Law

  2. Introduction

  3. 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

  4. Background

  5. Background

  6. Background • Manorial System

  7. Background • Feudalism

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

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

  10. Background • Chivalric Virtues rare

  11. Law

  12. Law • Stoics • Natural functions  normativity  Natural Law

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

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

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

  16. Law • Aquinas’s definition … 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

  17. Law • Aquinas’s definition … 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

  18. Law • Four Kinds of Law • Eternal • Natural • Divine • Positive

  19. 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

  20. Natural Law • Non-rational creatures must obey Eternal Law

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

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

  23. 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

  24. Natural Law • Normative and Descriptive Laws

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

  26. 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

  27. 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

  28. Natural Law • Natural Inclinations

  29. Natural Law • Natural Inclinations • How can we discover the content of Natural Law?

  30. 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

  31. 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

  32. 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

  33. Natural Law • Precepts

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

  35. 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

  36. 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

  37. 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

  38. 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.

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

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

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

  42. Positive Law • The law as enacted by man

  43. 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.

  44. 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

  45. Natural Law Gluttony Positive Law Murder Voting Positive Law

  46. Moral Problems • The Doctrine of Double Effect

  47. 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

  48. 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

  49. 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

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

More Related