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THOMAS AQUINAS ON LAW | Schoenstatt Scotland

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ST. THOMAS AQUINAS ON

LAW
by Schoenstatt Scotland | Jun 15, 2016 | Campsie Glen, Contlempation, Jesus, Meditation,
Schoenstatt, Scotland, Silence, Sisters of Mary, Stillness, Story, UK, Year of Mercy

St. Thomas Aquinas on Law

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spread by the one who is in charge of the community.’ Balancing intellect and
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will. Whenever someone desires an end, reason commands what is to be done
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to reach it. For Thomas law is based on community, ordered to the common
good. Making law belongs either to everyone or public personages having
responsibility for everyone. The leader is obliged to keep common good central
when legislating. Corrupt governments are directed to the private good of their
leaders.

Typology of Laws:

 Eternal Law – God

Divine Law – God as revealed in scripture

Natural Law

Human Law – laws worked out in states (General Law)

Eternal Law: Thomas defines as ‘rational governance of everything on the part

of God as ruler of the universe.’ Eternal law is identical to the mind of God. A
law because God stands to the universe which he creates as a ruler does a
community he rules. He regulates the universe. Divine Law: Eternal law as it
appears to humans, especially through revelation, is derived from eternal law.
I.e., divine law is eternal law when it appears to humans as divine commands,
(through scripture). It is divided into Mosaic (Old Testament) Law and New Law
(New Testament). When speaking of the Mosaic Law, Aquinas is thinking mainly
of the 10 Commandments. In speaking of the new law he has the teachings of
Jesus in mind. The mosaic law reaches humans through their capacity for fear;
it promises earthly rewards; social peace and its benefits. New Law:
Commands internal conduct; reaches humans by example of divine love;
promises heavenly reward. Emphasizes the grace of Christ in our hearts.

Natural Law: Defined by Thomas as ‘The participation in the eternal law by

human beings.’ We have a natural inclination to things. Reason has the capacity
to perceive what is good for human beings by following ‘the order of our
natural inclinations’. These are: self-preservation; family life and bringing up
offspring, (shared by all animals); and the goals of knowing God and living in
society (shared with all rational creatures). They are an application of the basic
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good justification for moral or legal rule is that it promotes the preservation of
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life. All living things possess an inclination for survival. Sexual intercourse,
education of offspring and the life have a proper place in human life, as in
other animal life. Humans are under an obligation to avoid ignorance, (to seek
to know God) and to avoid offending those among whom one has to live. He
does not like the idea of natural law as a rule-book.

Human Law: Human law is often defined as a ‘positive law’. I.e., laws enacted
and enforced in our human communities. Laws which fall short of what they
should be, are not true laws at all. Law is always directed to the common good,
human law is no different. Promotion of virtue is necessary for the common
good, and human laws are instruments in the promotion of virtue. Thomas
accepts Aristotle’s conviction that most people are kept from crime by fear of
the law. It is good to codify and draw up laws. Deliberation is important in
designing laws and laws are necessary to guide judgment.

All human laws must be directed toward the common good. Specific laws for
merchants for example, are general in some way; applicable in more than one
case. We should also not over legislate. For Thomas, human laws are particular
determinations of natural laws. It is law with moral content, being more general
than human law. It deals with necessary rather than variable or changeable
things. Natural law is more perfect than human law for natural law is not
variable. Human laws are applications of natural law and cannot deviate from
the spirit of the natural law.

Thomas’s view of natural law is as our participation in eternal law. It is part of

our high calling as creatures made by God. We need Him, part of his
providential care. We are more Godlike as we provide for others. This sharing
in the Eternal Law by intelligent creatures is what we call natural law. It is about
our life in God. Natural Law is sharing in divine providence, sharing in the
divine life.  Our real relationship with God!
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