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

14. Law Stoics Jews Romans Natural functions  normativity  Natural Law
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 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

17. 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

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. Positive Law
Natural Law
Gluttony
Positive Law
Murder
Voting

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

51. 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

52. 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

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

54. 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

55. 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

56. Moral Problems
The Doctrine of Just War

57. 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

58. 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.

59. 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