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Thomas Aquinas
Introduction :
He was a medieval Christian philosopher. He was born in 1225 or 27 at the ancestral
castle near Naples. At the early age he joined the order of the Dominicans against the
protest of his father & studies at Paris became student of Albert the Great. So his ideas
are as under.
pg. 1
• It is found equally in all creatures. It is result of divine rationality. So
immutable. Under it includes all things which provides broader
framework to human nature.
i) Right to self defence
ii) Right to Sex
iii) Right to reproduce
iv) Right to social life.
v) Right to cultivate knowledge
vi) Right to walk, line, breathe etc.
3. Divine Laws : inferior to natural Law. Found in the Religious scriptures.
We attain it through Revelation. It correct people when they are wisdom
less or fine of wisdom. It is gift of God & not human invention. Fours on
spiritual life than material part. But very from time to time & society to
society.
4. Human Laws : - Lowest inform. Former caws are for all beings. But it is
confined to humans. It has two forms.
i) Jus gentium [jk"Vª ds dkuwu]
ii) Jus civil [ ukxfjd ds dkuwu]
• Source of human laws are natural laws when natural Laws become part
of tradition, State recognize them & then become binding upon people.
So it maintain social order and in case of violation. So it should be
i) Rational
ii) As per human nature so it is under natural Laws. If a Law is not
rational. It should not be followed.
• So, Eternal Laws : - are to Govern the universe
i) Found in God’s mind
ii) Natural Laws : - Rationally participate in Eternal Laws, so that can
distinguish b/w right & wrong & find Hight goal.
iii) Human Laws : - used in specific situation to man kinds life.
iv) Divine Law : - Help in other worldly Goal & compensate the limitation
of human rationality.
• So his contributions are : -
i) Set up Rule of Law.
ii) Role of state as social welfare
iii) Promoted constitutionalism.
iv) Supremacy of law.
pg. 2