Cecily Zamora
Thomas Aquinas, a medieval Roman Catholic scholar, is known for his work on natural law theory, which holds that moral standards governing human behaviour are derived from the nature of human beings and the world. Aquinas identifies four types of law: eternal, natural, human, and divine. While natural law, dictated by God, is unchanging, Aquinas acknowledges that human law can and should be changed occasionally, as experience and practical matters may allow for improvements. This belief in the mutability of human law sets Aquinas apart, as he justifies change with the idea of long-term moral and political progress.
| Characteristics | Values |
|---|---|
| Human law is derived from | Natural law |
| Human law is a | Dictate of reason |
| Human law is the | Measure of human acts |
| Human law is | Subject to change |
| Human law should not be changed | Lightly |
| Human law should be framed | For the community |
| Human law should be framed | For the individual |
| Human law should | Repress all vices |
| Human law can be changed | By the sovereign |
| Human law can be changed | By those in authority |
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What You'll Learn
Aquinas' four kinds of law
Aquinas identifies four kinds of law: eternal law, natural law, human law, and divine law. According to Aquinas, human laws are subject to change as practical experiences may allow for their improvement.
Eternal law refers to the laws that govern the nature of an eternal universe. It is identical to the mind of God and can be thought of as the scientific and biological laws by which the universe is ordered.
Natural law is derived from eternal law and is imprinted on the hearts of men. It is promulgated by God and known to human beings naturally. Aquinas identifies the rational nature of human beings as that which defines the moral law, stating that "the rule and measure of human acts is the reason, which is the first principle of human acts".
Human law is derived from natural law and is promulgated by human beings. Aquinas states that human laws are valid only insofar as their content conforms to the content of the natural law: "every human law has just so much of the nature of law as is derived from the law of nature. But if in any point it deflects from the law of nature, it is no longer a law but a perversion of law".
Divine law is the revealed law of God to man, reaching human beings through revelation. It is concerned with the standards that must be satisfied by a human being to achieve eternal salvation. The Old Law, revealed by God to Moses, corresponds to the Old Testament of the Bible, and is summed up in the Ten Commandments. The New Law, corresponding to the New Testament, is considered to perfect the Old Law through the teachings of Jesus.
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Human law and natural law
Thomas Aquinas, a medieval Roman Catholic scholar, is known for his work on natural law theory. He identified four kinds of law: eternal law, natural law, human law, and divine law. According to Aquinas, human law is derived from natural law and is subject to change over time. He believed that human laws should be changed only when necessary and with the consent of political authorities, as respect for the law is largely a matter of custom or habit. Aquinas's concept of natural law is rooted in the belief that moral standards governing human behavior are derived from the nature of human beings and the world.
Aquinas's understanding of natural law is influenced by his interpretation of Aristotle's philosophy. Aristotle observed that nature was purposeful and driven by natural laws that could be discovered by human reason. Aquinas expanded upon this idea, arguing that human beings, as rational creatures, should behave in a way that aligns with their rational nature. This forms the basis of his natural law theory.
Human law, according to Aquinas, is an "ordinance of reason for the common good" made and enforced by a ruler or government. He recognized that human laws could be imperfect and in need of improvement as society gains more experience and knowledge. Therefore, he acknowledged the potential for change in human law, but cautioned that it should not be taken lightly. Aquinas also distinguished between human law and divine law, the latter being the standards revealed by God that humans must satisfy to achieve eternal salvation.
The relationship between human law and natural law, as understood by Aquinas, is hierarchical. Natural law, being derived from the nature of the world and human beings, is unchangeable. Human law, on the other hand, is subject to change as it is a human interpretation of natural law. Aquinas believed that human laws should be consistent with natural law, and if a human law contradicts natural law, it is not binding on individuals. This belief underscores the importance of ensuring that human laws are just and aligned with the inherent moral principles of natural law.
In conclusion, Thomas Aquinas's philosophy on human law and natural law recognizes the potential for change in human law while emphasizing the enduring nature of natural law. He viewed human law as a practical application of natural law, subject to revision as society evolves and gains a deeper understanding of the common good. By distinguishing between these two types of laws, Aquinas provides a framework for understanding the dynamic nature of human law within the context of unchanging moral principles.
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The changeability of human law
Thomas Aquinas, a medieval Roman Catholic scholar, devoted his life to reconciling the political philosophy of Aristotle with Christian faith. Aquinas identifies four kinds of law: eternal law, natural law, human law, and divine law.
According to Aquinas, human laws are subject to change because practical experience may allow us to improve them. Aquinas argues that human law can and should be changed occasionally, but not lightly, as respect for the law is largely a matter of custom or habit, and inessential change can undermine this custom. Aquinas cites the common good as a reason for changing human law, stating that a just ruler or government must work for the "common good" of all.
Aquinas also acknowledges that human law is derived from natural law, which is unchangeable. This presents a challenge to the changeability of human law, as some argue that since natural law is enduring and unchangeable, human law, which is based on natural law, should also remain unchanged. However, Aquinas distinguishes between the two, stating that human law is a dictate of reason, and as human reason advances, it is natural to progress from the imperfect to the perfect. This gradual progression is evident in both speculative sciences and practical matters, where subsequent lawgivers build upon and improve the work of their predecessors.
Furthermore, Aquinas recognizes the role of man, whose acts are regulated by law, as a cause for the just change of human law. As man's condition changes, different things become expedient, and the law can be rightly altered to align with these changes. Aquinas also addresses the power of human law, stating that the sovereign, or the ruler, is subject to the law but can also change it when expedient, according to time and place.
In conclusion, Aquinas' view on the changeability of human law is nuanced. While he acknowledges the stability and permanence of natural law, he also recognizes the potential for improvement and the need to adapt to changing circumstances in human law. He cautions against frequent or inessential changes that may undermine respect for the law but emphasizes the importance of working towards the common good through just and thoughtful alterations to human legislation.
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The common good
Thomas Aquinas, a medieval Roman Catholic scholar, believed that human law could be changed and, occasionally, should be changed. However, he also believed that human law should not be changed lightly. Aquinas identified four kinds of law: eternal law, natural law, human law, and divine law. He viewed human law as derived from natural law, which is unchangeable, and thus believed that human law should not be changed without good reason.
Aquinas held that human law is a "dictate of reason" and that human acts are directed by it. He also believed that human reason can discover truth and understand good and evil. Therefore, changes in human law should be made in the pursuit of the common good. Aquinas defined human law as "an ordinance of reason for the common good" made and enforced by a ruler or government. He asserted that humans are social and political animals, and thus a just ruler or government must work for the "common good" of all.
Aquinas recognised that human law is subject to change because experience in practical matters may allow for improvements. He also acknowledged that human law is made by humans and is thus imperfect and deficient in many ways. Therefore, subsequent lawgivers may need to change the law to better serve the common good. Aquinas also believed that the law can be rightly changed due to a change in the condition of man, as different things become expedient for humans over time.
Aquinas's view that human law should be changed for the common good is supported by his belief that human reason can understand good and evil. He identified self-preservation, marriage and family, and the desire to know God as good, and adultery, suicide, and lying as evil. Thus, changes to the law that promote these goods and prevent these evils would be in the service of the common good.
However, Aquinas also believed that respect for the law is largely a matter of custom or habit, and that inessential changes to the law may undermine this custom. Therefore, the common good is not served by a more theoretically better law if people have less respect for the law and follow it less faithfully.
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The role of the sovereign
Thomas Aquinas, a medieval Roman Catholic scholar, devoted his life to reconciling the political philosophy of Aristotle with Christian faith. He identifies four kinds of law: eternal law, natural law, human law, and divine law.
Human law, according to Aquinas, is subject to change. He states that human laws are "an ordinance of reason for the common good" and are made and enforced by a ruler or government. Aquinas argues that human laws can be changed for two main reasons: firstly, human reason naturally advances from the imperfect to the perfect, and secondly, the changing conditions of man may require different laws to be expedient.
Aquinas' concept of the sovereign's role in changing human law is influenced by his understanding of natural law. He defines natural law as the master principle that guides humans towards good and away from evil. While natural law is unchanging, human law is derived from it and can be changed as long as it aligns with the underlying principles of natural law. The sovereign's duty, therefore, is to ensure that any changes to human law are consistent with the moral standards set by natural law and ultimately serve the common good.
In summary, the sovereign's role in Aquinas' theory of law is twofold. Firstly, the sovereign is subject to the law and should act in accordance with it. Secondly, the sovereign has the authority to change human law when necessary, provided that any changes are consistent with the principles of natural law and promote the common good. This understanding of the sovereign's role reflects Aquinas' belief in the importance of combining human reason and Christian faith in the governance of society.
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Frequently asked questions
Yes, human laws are subject to change, according to Aquinas, because experience in practical matters may allow us to improve them. However, Aquinas also states that human law should not be changed lightly, as respect for the law is largely a matter of custom or habit, and inessential change may undermine this custom.
Aquinas identifies two causes for the just change of human law: one on the part of reason, and the other on the part of man whose acts are regulated by law. The cause on the part of reason is that it seems natural to human reason to advance gradually from the imperfect to the perfect. The cause on the part of man is that the law can be rightly changed on account of the changed condition of man, to whom different things are expedient.
Aquinas distinguishes four kinds of law: eternal law, natural law, human law, and divine law. Eternal law is comprised of the laws that govern the nature of an eternal universe. Natural law is promulgated by God and is known to humans naturally. Human law is derived from the precepts of the natural law and is devised by human reason. Divine law is concerned with the standards that must be satisfied by a human being to achieve eternal salvation.
Aquinas defines human law as "an ordinance of reason for the common good" made and enforced by a ruler or government.
