THOMAS AQUINAS TREATISE ON LAW

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TREATISE ON LAW
Q. 90
A law is an ordinance of reason promulgated for the common good made by the one whi has care of the community. A law must be according to reason, made by a comptent authority, meant for the common good, and it must also be promulgated. Reason is emphasized because it is said to be the rule and measure of every act. While Ayer and Hobbes would posit that morality is based on feelings and desires, Aquinas would say it is based on rationality.
Law is something pertaining to reason: Law is a rule and measure of acts whereby man is induced to act or refrained from acting. But the rule and measure of human acts is reason, since it belongs to reason to direct to the end. Law-Rule of measure and acts-Reason. The Law is something Directed towards the common good: As reason is the principle of human acts so in reason itself there is something which is the principle in respect to the rest. The law is ordered to the common good. Law-Reason-Happiness-Universal happiness-Common good. Whether the reason of any man is competent to make laws? To order anything to the common good belongs either to the whole group or the one who care of the group. Promulgation: A law must be promulgated in order to obtain a force.
\Q, 91 Kinds of Law
There are four kinds of law, namely, Eternal, Natural, Divine and Human. Eternal law is divine reason governing the universe. Natural law is rational creature participation in the eternal law. Divine law is a law promulgated by God. Human law is the particular determination or application of the natural law. F our reasons are given for the divine law: 1. For directing man to his end, eternal happiness. 2. To enable man to know what he ought to do and to avoid. 3. The inadequacy of human law. 4. To root out all evil. Whether there is one divine law? Divine law comes as old and new because the recipients of the old were imperfect, and the new comes because its recipients were perfected. The old induces to obey by fear of punishment but the new induces man to obey by love.
Q. 92 The effects of Law
The effects of law are to make man simply good if he acts for the common good as regulated by divine justice. Every law permits, forbids or punishes. The law commands what is generally good, e.g., acts of virtue. It also forbids what is generally evil (acts of voce). It permits what is generally indifferent (amoral acts).
Q. 93 The Eternal Law
Eternal law as a sovereign type: Eternal law exists in God as a type of divine wisdom moving all things to their due end. God governs the universe through the eternal law. Eternal law is thus the source of every law and the sovereign of all laws. Is Eternal law known by all? No one can know the eternal law as it is in itself. Only the blessed who see God in his essence can see the eternal law as it is. But every rational creature knows it in its reflections, more or less. For evry knowledge of truth is a kind of reflection and participation of the eternal law. Eternal law as source: All laws in so far as they partake of right reason are derived from the eternal law. Also, all things created by God, contingent or necessary, are subject to the eternal law, while things pertaining to the divine are not, but are eternal law itself. Also, irrational creatures are subject to the eternal law through being moved by divine providence. Rational creatures are subject through divine commandment. More so, all human affairs are subject to the eternal law, some perfectly, others imperfectly.
Q. 94 The Natural Law
Natural law, because it is an indemonstrable principle, is not an habit but is in us habitually. How many precepts are there in natural law? There are more than precepts, namely” 1.Practical reason apprehending that which is good or bad, 2. Precepts based on what we have in common with animals, 3.Precepts proper to man’s nature. Are all acts of virtue prescribed by the natural law? Yes, since each one’s reason naturally dictates to him to act virtuously. Also, the natural law is the same for all, both as to rectitude (morality) and to knowledge. It may however not be the same in some, precisely because of the presence of vices. Natural Law and Change: Change could be seen in two ways, by addition and by subtraction. By addition, the natural law can change, mainly by addition from divine and human laws. In this sense, change is possible. However, change is Impossible by subtraction. More so, NL, in s far as it relates to general principles, cannot be blotted from the heart. They can, as secondary precepts, be blotted from the heart of man.
Q. 95 The Human Law
Man needs to make law to enable him to possess peace and virtue. Virtue, because man needs to employ his energy in acquiring the virtues, the employing of these energies demands a set of laws. Peace because a society without any set of agreed upon laws will lead to chaos. Also, every human law is derived from the natural law. This is so because rightness derives from reason, and reason derives from nature. Thus since every human law is based on reason, they must derive from natural law.
Write an essay on Natural Law according to Aquinas and its usefulness or otherwise in a multi religious entity such as Nigeria.
What is Natural Law?
First and foremost, Aquinas defines law as an ordinance of reason promulgated for the common good made by the one who has care of the community. He also defines natural law is rational creature’s participation in eternal law. It is not a habit but something approved/governed by reason. Aquinas based his discourse on natural law on God and his relationship with man. God has an idea (eternal law) in his intellect, an idea by which he governs the world. This idea is however participated in by the natural law, which serves to direct the affairs of rational creatures. This natural law is further made into particular determinations for the intelligent organization of common life for the sake of common good. Furthermore, Aquinas notes that in so far as the eternal law governs all things and the natural law is a participation of rational creature in the eternal law, the affairs of rational creatures are thus governed by the natural law. He also states that the natural law is not only present in the ruler but also in the ruled.
            Aquinas distinguishes different levels of precepts that the natural law entails. The most universal is the command “Good is to done and pursued and evil is to be avoided”. But what is the good? The good is that which all desires. It is the object of the will. A good may however be real or apparent. On the level that we share with all substances the natural law requires that we preserve ourselves in being. Thus, euthanasia, suicide are abhorred. On the level that we share with all other things, natural law prescribes that we preserve our life and transmit that life to the next generation. On the level that is specific to man, the natural law requires that we exercise activities common to us, e.g., love, knowledge. In all, the natural law helps us to develop our moral and natural capacities for for the wellbeing of both individuals and society. Virtues are also essential in the proper working and application of natural.
Its Usefulness   The Guiding Principle is: Ðo good and avoid evil.
1.      Harmony: Different religions prescribe their own laws or rules for living, and this could be conflicting. Thus, natural law helps to harmonise such laws.
2.      Tolerance and survival: NL helps us to tolerate the other, and thus survive together.
3.      Creates a sense focus for our leaders as they seek to meet our common good.
4.      Respect and promotion of the human person
5.      Prosperity od society and its members
6.      Elimination of religious fundamentalism
7.      Promotes reason over and above feelings and desires
8.      Provides the environment for

Highlight and explain the major points in Aquinas’ philosophy of law showing how these can be relevant to contemporary political discourse in Nigeria.            2015

           


                                                                                                                            

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