Kara Sears
The concept of 'law for the common good' has been explored by several philosophers and legal scholars, including St. Thomas Aquinas, Aristotle, St. Augustine, and Papinian. Aquinas, in his Treatise on Law, defines law as an ordinance of reason for the common good, made by him who has care of the community, and promulgated. He argues that law must be based on reason and aimed at achieving the common good, which includes protecting life, preserving the state, and promoting peace. This idea of law for the common good has been influential in legal systems worldwide, including the Massachusetts Constitution of 1780, which specifies that all shall be governed by certain laws for the common good.
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What You'll Learn
Law is an ordinance of reason for the common good
The concept of "law is an ordinance of reason for the common good" is attributed to Thomas Aquinas, a philosopher and theologian who made significant contributions to the development of natural law theory and political philosophy.
Aquinas' understanding of law was rooted in his belief that everything in the terrestrial world is created by God, endowed with a nature that defines its essence. He argued that God's authorship and active role in creating and sustaining these natures could rightfully be called a law. This led him to conclude that law belongs to reason, as it is derived from the nature God instilled in humans.
Aquinas' concept of "law is an ordinance of reason for the common good" can be broken down into several key elements:
Ordinance of Reason
Aquinas believed that reason is the first thing that guides human actions. He argued that law is an ordinance of reason because it must be based on reason and not merely the will of the legislator. This means that laws should be reasonable and rooted in rational principles rather than arbitrary whims.
Common Good
Aquinas understood the common good as the benefit and well-being of all members of a community. He believed that laws should be directed towards this common good, promoting the happiness and prosperity of the people, rather than serving the private interests of any individual, family, or class. This idea of the common good included protecting life, preserving the state, and promoting peace, which Aristotle referred to as "the good life."
Care of the Community
Aquinas emphasized that laws should be made by someone who has care for the community. This means that the lawmaker should have the best interests of the community at heart and should work for the benefit of the whole, rather than pursuing their own self-interest or that of a special interest group.
Promulgation
Aquinas considered promulgation, or the communication of the law, to be essential for the effectiveness of the law. He argued that laws need to be known and understood by those they govern to have force and authority.
Natural Law and Human Law
Aquinas distinguished between natural law and human law. Natural law, according to Aquinas, is universal and unchanging, allowing humans to discern between good and evil. It includes principles such as self-preservation, marriage and family, and the pursuit of knowledge. Human law, on the other hand, is subject to change and can vary with time, place, and circumstance. Aquinas warned that human laws should not conflict with natural law and that people are not bound to obey laws that violate natural law.
In conclusion, Aquinas' concept of "law is an ordinance of reason for the common good" emphasizes the importance of reason, the pursuit of the common good, the role of the lawmaker as a caretaker of the community, the necessity of promulgation, and the distinction between natural law and human law. His ideas have had a significant influence on legal theory, particularly within the tradition of Catholic canon law and natural law theories.
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The ruler or government must work for the common good
The idea that a ruler or government must work for the common good is an ancient concept, with roots in the origins of European law. The 7th-century Etymologies of Isidore of Seville, for instance, assert that laws are formulated "for no private benefit, but for the common well-being (communis utilitas) of the citizens".
The notion of the "common good" has been a central theme in legal and political philosophy, with thinkers like Aristotle, St. Thomas Aquinas, and St. Augustine contributing significantly to its development. Aristotle, who died in 322 B.C., observed that nature was purposeful and driven by natural laws that humans could discover through reason. He believed that people were inherently social beings, destined to live in groups, which required some form of governance.
Building on Aristotle's ideas, St. Thomas Aquinas, a 13th-century philosopher, developed a comprehensive theory of natural law. For Aquinas, natural law was unchanging and universal, providing a basis for distinguishing between good and evil. He defined human law as "an ordinance of reason for the common good, made by him who has care of the community, and promulgated". Aquinas argued that a ruler or government's role was to work for the common good, which included protecting life, preserving the state, and promoting peace. He cautioned that rulers who made laws contradicting natural law became "tyrants", and their subjects were not obligated to obey such laws.
St. Augustine, on the other hand, held a different view of the role of government. He believed that the primary purpose of government was to control and punish sinful humans due to their inherent sinfulness, as exemplified by Adam and Eve. Augustine asserted that people should generally obey their rulers unless they violated God's word, in which case believers could refuse to obey but expected punishment.
The concept of the "common good" has also been enshrined in various constitutions and legal systems. For example, the Massachusetts Constitution of 1780, the world's oldest functioning written constitution, specifies that "all shall be governed by certain laws for the common good" and that "government is instituted for the common good, for the protection, safety, prosperity, and happiness of the people". Similarly, the American Convention on Human Rights recognises the rights of individuals while also acknowledging the "just demands of the common good".
In conclusion, the idea that a ruler or government must work for the common good has been a fundamental principle in political and legal thought. From ancient philosophers to modern constitutions, the concept of the common good has shaped our understanding of the role of governance in society. By striving for the common good, rulers and governments can promote the welfare, safety, and happiness of the people they serve.
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The common good includes protecting life, preserving the state, and promoting peace
The concept of the "common good" has been a topic of discussion for centuries, with philosophers and scholars offering various interpretations. The idea that the law is for the common good can be traced back to ancient Greek philosophers like Aristotle, who is often regarded as the originator of this concept. According to Aristotle, the common good is derived from the "common interest" or "to koinei sympheron" in Greek. He distinguished between "right" constitutions, which serve the common interest, and "wrong" constitutions, which serve the interests of rulers.
One of the key figures who associated the law with the common good was St. Thomas Aquinas, a scholar of Aristotle. Aquinas held that the "common good" or "bonum commune" in Latin, was the goal of law and government. He saw natural law as unchanging and applicable to all humans, while human laws could vary with time and circumstance. In Aquinas' view, a ruler or government must work for the "common good" of all, and when laws contradict natural law, rulers become "tyrants."
The idea that the law should serve the common good has been echoed by other notable figures. John Locke, for example, declared that "the peace, safety, and public good of the people" are the goals of political society. Similarly, James Madison wrote of the "public", "common", or "general" good, tying it closely to justice and asserting that justice is the end goal of government and civil society.
The concept of the common good has evolved and taken on new dimensions in modern liberal democracies. Examples of the common good in contemporary society include civil liberties, such as freedom of speech and association, public infrastructure like roads and transportation, public education, cultural institutions, and environmental considerations, such as clean air and water.
However, achieving the common good is not without its challenges. One issue is individualism, where societal traditions emphasize personal freedom and pursuing self-interest, which can conflict with the collective goals of the common good. Another problem is the "free-rider" issue, where some individuals benefit from the common good without contributing to its maintenance. Despite these challenges, the concept of the common good remains pertinent in addressing societal issues, including crime, poverty, and environmental pollution.
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Human law is only valid if it conforms to natural law
The concept of natural law has been documented in ancient Greek philosophy, including Aristotle, and was mentioned in ancient Roman philosophy by Cicero. References to it are also found in the Bible, and were later expounded upon in the Middle Ages by Christian philosophers such as Albert the Great and Thomas Aquinas. The School of Salamanca made notable contributions during the Renaissance. The central ideas of natural law had been part of Christian thought since the Roman Empire, but its foundation as a consistent system was laid by Aquinas, who synthesized and condensed his predecessors' ideas into his Lex Naturalis (natural law).
Aquinas identifies the rational nature of human beings as that which defines moral law: "the rule and measure of human acts is the reason, which is the first principle of human acts". On this common view, since human beings are by nature rational beings, it is morally appropriate that they should behave in a way that conforms to their rational nature. Thus, Aquinas derives the moral law from the nature of human beings (thus, "natural law").
Aquinas was also a natural law legal theorist. He believed that a human law (that is, that which is promulgated by human beings) is valid only insofar as its content conforms to the content of the natural law. As Aquinas puts it: "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".
According to the theory of natural law, there are universal moral standards inherent in humankind throughout all time, and these standards should form the basis of a just society. Human beings are not explicitly taught natural law, but rather, we discover it by consistently making choices for good instead of evil. Natural law is a theory in ethics and philosophy that says intrinsic values govern human beings' reasoning and behaviour. These rules of right and wrong are inherent in people and are not created by society or court judges. As such, these rules aren't governed by human authority. Rather, they are universally accepted.
In summary, human law is only valid if it conforms to natural law.
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The common good is a legal concept
One notable figure who built upon Aristotle's ideas was Thomas Aquinas, who is known for his contributions to natural law theory. Aquinas defined human law as "an ordinance of reason for the common good," made and enforced by a ruler or government. He differentiated between natural law, which is unchanging and applies to all humans, and human law, which can vary with time and circumstance. Aquinas also addressed the issue of unjust rulers, arguing that people are not bound to obey laws that conflict with natural law.
The concept of the common good has been incorporated into various legal and constitutional provisions. For example, the Massachusetts Constitution of 1780, the world's oldest functioning written constitution, specifies that "all shall be governed by certain laws for the common good" and that the government is instituted for the protection, safety, prosperity, and happiness of the people. Similarly, the American Convention on Human Rights recognises that individual rights are limited by "the just demands of the common good."
In contemporary economic theory, the term "common good" has taken on a more technical definition. It refers to a good that is rivalrous yet non-excludable, often arising in the subfield of welfare economics, where it is associated with social welfare functions and utilitarianism. The common good is also a significant concept in Confucian and Islamic political philosophy, where it is linked to the subordination of individual interests to the collective and the interpretation of divine law, respectively.
Overall, the common good is a multifaceted legal concept that shapes how lawyers and judges interpret and apply the law, particularly in areas such as constitutional law, public interest, and social welfare. It reflects a long-standing philosophical tradition that recognises the importance of balancing individual rights with the collective interests of society.
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Frequently asked questions
Thomas Aquinas, in his Treatise on Law, defined law as "an ordinance of reason for the common good, made by him who has care of the community, and promulgated."
The common good includes things like protecting life, preserving the state, and promoting peace. Aquinas believed that the common good was essential to understanding the relationship between law and happiness.
The Treatise on Law is Thomas Aquinas' major work of legal philosophy. It forms questions 90-108 of the Prima Secundae of the Summa Theologiae, Aquinas' masterwork of Scholastic philosophical theology.
The Summa Theologiae is Aquinas' masterwork of Scholastic philosophical theology. Along with Aristotelianism, it forms the basis for the legal theory of Catholic canon law and provides a model for natural law theories.
