st. thomas (group 6) - legal philosophy

8/14/2019 St. Thomas (Group 6) - Legal Philosophy

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St. Thomas Aquinas was an Italian Catholic priestin the Dominican Order, and an immenselyinfluential philosopher and theologian in thescholastic tradition, known as Doctor Angelicus,Doctor Universalis and Doctor Communis. He was

the foremost classical proponent of naturaltheology, and the father of the Thomistic school ofphilosophy and theology. His influence on Westernthought is considerable, and much of modernphilosophy was conceived as a reaction against,

or as an agreement with, his ideas, particularly inthe areas of ethics, natural law and political


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Aquinas is held in the Catholic Church to be themodel teacher for those studying for thepriesthood. The works for which he is best-knownare the Summa Theologica and the SummaContra Gentiles, One of the 33 Doctors of the

Church, he is considered by many Catholics to bethe Catholic Church's greatest theologian andphilosopher. Consequently, many institutions oflearning have been named after him.


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Aquinas was born c. 1225 in the kingdom of Sicily.At the age of five, Aquinas began his earlyeducation at Monte Cassino. After his elementaryeducation, he went on to study at the Universityof Naples, where he studied for six years before

leaving when he was 16. Aquinas had come underthe influence of the Dominicans, who wished toenlist the ablest young scholars of the age. TheDominicans and the Franciscans represented a

revolutionary challenge to the well-establishedclerical s stems of Medieval Euro e.


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His superiors saw his great aptitude for theologicalstudy. In late 1244, they sent him to the Dominicanschool in Cologne, where Albertus Magnus waslecturing on philosophy and theology. In 1245, Aquinasaccompanied Albertus to the University of Paris herethey remained for three years. During this time,Aquinas threw himself into the controversy betweenthe university and the Friar-Preachers about the libertyof teaching.

Aquinas then graduated as a bachelor of theology. In1248, he returned to Cologne, where he was appointedsecond lecturer and magister studentium. This yearmarks the beginning of his literary activity and publiclife.


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The philosophy of Aquinas has exerted enormousinfluence on subsequent Christian theology, especiallythat of the Roman Catholic Church, extending toWestern philosophy in general, where he stands as avehicle and modifier of Aristotelianism, which he fused

with the thought of Augustine. Philosophically, hismost important and enduring work is the SummaTheologica,in which he expounds his systematictheology of the quinquae viae.

Aquinas believed that truth is known through reasonnatural revelation and faith su ernatural revelation .


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Aquinas believed "that for the knowledge of anytruth whatsoever man needs Divine help, that theintellect may be moved by God to its act."However, he believed that human beings have thenatural capacity to know many things without

special divine revelation, even though suchrevelation occurs from time to time, "especially inregard to [topics of] faith. Aquinas was also anAristotelian and an empiricist. He substantially

influenced these two streams of Western thought.


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Resurgence of Christianity during the 12th

and 13th centuries the theological supplement to the teleological

concept of the nature of the law gainedascendancy

St. Thomas Aquinas - thought of the law as aninstitution ordained by God


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The ultimate source of laws was substituted bythe power of God who governs all things by therational arrangement and distribution of his divineprovidence.

The Church was considered as the authoritativeinterpreter and final arbiter.


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The doctrines of right and justice were blendedwith the basic principles of Christianity asinterpreted by the Church.

THOMISTIC PHILOSOPHY OF LAW

-Primacy of a higher law over positive law

St. Thomas Aquinas believed in the rationalcapacity of men to know the absolute good.


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Reason influenced by sensation is not sufficient tobring men to a correct understanding of what is rightand just.

Right reason (sophia) is the governing idea to bring

man to his well being that is in real harmony with hissocial relations.

Summa Theologica-St. Thomas Aquinas introduced a combination of right

reason and justice and equity, infusing it with profoundobservation that the first rinci le of an conce t is its


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Law (jus) - is an ordinance of right reason for thecommon good and happiness, laid down by himwho has the care and welfare of the wholecommunity, and made public by those in authorityto those who are subject to it.

Law (lex) - a rule and measure of acts, wherebyman is induced to act or is restrained from acting.


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Two Aspects:

- As an ethical (moral)

virtue- As a juristic (secular)

norm


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As an ethical or moral virtue- Justice is considered to be inherent inevery person

As a juristic or secular norm-- habit whereby man renders to each onehis due by a constant and perpetual will


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Puts an emphasis on the fundamental ideaof consideration for others and the basicprinciple of equality of men in their relationwith one another.

Justice in its secular sense cannot beseparated from ethical or moral justice.- What is ones due depends on the norms

of ethical or moral justice


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Best application of juristic or secularjustice:

3.It must come from one in and with

authority4.It must come from one with a particulardisposition or propensity for justice5.It must conform to right judgment


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The public welfare or the commonhappiness is the first concern of the peoplesince anything concerns a person to whomthe end or purpose belongs.

The law is ordained for the sake oflawness or the common good andhappiness


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The task belongs either to the people orto someone who is the vicegerent of thepeople

The compulsive force or authority todetermine the form and content of thelegal precepts inheres and emanates fromthe people


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There is need to emphasize that changes dooccur in the subsequent applications of thelaw and that these changes may be byexpansion or contraction in accordance withthe civilization of time and place.

The reason why there are changes in thesubsequent applications of the first principleis that human decisions vary in the choice of

means to realize the ends that are implicit inthe first principles.


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Change may be through:

ExtensionContractionSuper imposition of somethingdifferent


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Basis: assumption that it is for thewelfare of the community

Ex. Concept of ownershipGeneral freedom and libertyFreedom of expression


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st. thomas (group 6) - legal philosophy

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