Aquinas

1. Ordinance of reason
2. For the common good
3. Competent authority
4. Promulgated

Q90 – What is the law?

- Questio – you are not allowed to argue your point unless you have considered all
alternative points
- Does the law pertain to reason?
- Law is not an expression of reason, but of will between individuals
- Law commands and forbids—therefore it must pertain to reason
- Law is a rule and measure of actions
o It must pertain to reason
- Ligare – to bind
- LAW MUST BE AN ORDINANCE OF REASON

Where is that in our legal system?

- (arbitrary, whimsical, capricious) – grave abuse of discretion resulting in excess of

lack of jurisdiction
- Arbitrary – Latin word (will)
- Certiorari (delaying tactic)

Is the law objected to the common good?

- “We live in a society…”

- The goal of human life—happiness or bliss (this will eventually lead to the happiness of
all)
- LAW IS DIRECTED TOWARDS THE COMMON GOOD?

Can anyone make laws?

- Aristotle: purpose of law is to lead to virtue

- Father makes its own laws—the household = state

Two conclusions

- The law should be made by everybody—since we’re talking about the common good

- The persons making the law must have the common good in mind
Ideal option: one individual who makes the laws, who meets the criteria of the common good

Promulgation essential? Y/N (YES)

Q97, a.3 – Can laws be changed?

A.3. Whether custom can attain the force of law

- custom is something that is private; the law is something that is public

Answer: Law proceeds from will and reason of the lawgivers

- Which lawgiver?
o God; human law is regulated by reason itself
- Although evil is possible under customs, it is not necessarily evil
- Since we accept our customs, we also consent to changing our laws and changing our
customs
- Laws can be changed by human customs

3 definitions of laws

- Laws are norms to regulate norms and conduct

- Law is a rule and measure of actions
- Law is the fruit of divine will and reason, and then regulated by human will and reason

Roman empire; Roman law

Ecclesiastical governance; canon law

- The term ‘reasonable doubt’ is taken from canon law

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