The Law in General (Aquinas 101)

Summary

In this video, St. Thomas Aquinas's Treatise on Law from the Summa Theologiae is explored, emphasizing that law is a rational principle guiding towards the common good, rather than just a set of commandments. Aquinas's definition of law as 'an ordination of reason for the common good' is highlighted, contrasting with views that see law as commands from superiors. The video discusses the common good as a shared, non-diminishable end, such as truth or justice, and outlines Aquinas's hierarchy of law: eternal law (God's plan), natural law (human participation in God's plan), divine positive law (God's revealed instructions for heaven), and human law (specific community ordinances).

Takeaways

• 📚 St. Thomas Aquinas' Treatise on Law in 'Summa Theologiae' is a foundational text for understanding law beyond its legislative and judicial aspects.
• 💭 Aquinas views law as a rational principle of order that directs things towards their ends, rather than just a set of commandments or obligations.
• 📏 Law serves as a teacher and a measure, guiding human actions towards the common good and providing a standard to judge them.
• 📜 Aquinas' definition of law: 'An ordination of reason for the common good, from him who has care of the community, which is promulgated or made known.'
• 🤔 The common good is a shared end that can be enjoyed by many without diminishment, unlike private goods.
• 🏛️ Examples of common goods include truth, justice, and victory, which are shared by communities and enhance collective well-being.
• 🔗 The common good is central to the existence and purpose of law, which aims to order society towards this shared end.
• 🌐 Aquinas identifies four types of law: eternal law, natural law, divine positive law, and human law, each reflecting different aspects of order and reason.
• 🌟 Eternal law represents God's plan for creation, where all beings are ordered towards their proper ends and reflect God's glory.
• 🌱 Natural law is the participation of rational creatures, like humans, in God's eternal plan, directing themselves and others towards their ultimate ends.
• 📖 Divine positive law consists of God's revealed teachings for human conduct towards achieving supernatural good, beyond human reason's natural capacity.

Q & A

What is the primary focus of St. Thomas Aquinas's Treatise on Law?

St. Thomas Aquinas's Treatise on Law primarily focuses on the concept of law as a rational principle of order that directs things towards their ends, rather than just being about commandments and obligations.

How does Aquinas view the role of law in society?

Aquinas sees law as a teacher and a guide, akin to a ruler that ensures our actions are upright, ordered, and directed towards the common good.

What is Aquinas's definition of law?

Aquinas defines law as 'An ordination of reason for the common good, from him who has care of the community, which is promulgated or made known.'

What distinguishes Aquinas's view of law from other thinkers?

Aquinas's view of law is distinct in that he sees it as an expression of reason and an ordering towards the common good, rather than merely a command of the will of a superior.

What is the common good according to Aquinas?

The common good, for Aquinas, is an end that can be shared by many without loss or diminishment, such as truth, justice, or victory, which are higher and nobler goods.

How does the concept of the common good relate to law?

The common good is the end that law aims at and serves, providing a rationale for the existence and function of law, which is to order the community towards this shared end.

What are the four main types of law that Aquinas identifies?

Aquinas identifies four main types of law: eternal law, natural law, divine positive law, and human law, arranged in a hierarchy where lower types participate in and specify the higher types.

What is the eternal law in Aquinas's philosophy?

The eternal law refers to the whole plan of creation that emerges from God's divine reason, which is eternal and not a set of divine commandments or statutes.

How does natural law differ from eternal law?

Natural law is the way rational creatures like humans participate in God's plan, the eternal law, using their reason to actively direct themselves and others towards their ultimate end.

What is divine positive law according to Aquinas?

Divine positive law is what God has revealed through divine revelation in the Old and New Testaments, guiding human beings on how to live to attain the supernatural good of heaven.

How is human law different from the other types of law mentioned by Aquinas?

Human law is more particular and specific, applying only within a certain jurisdiction and aiming to direct a specific community and its members towards their proper common good.