Thomas Aquinas Argument That Human Laws Are Made By Natural Law

Natural law is a concept with a long history dating back to the Greco-Roman philosophers. Despite some variations among philosophers one point of agreement was understood as “that process in nature by which human beings, through the use of sound reason, were able to perceive what was morally right

Well unfortunately some believe their (omnipotent) God has all the answers and knows of every person’s next moves and what’s yet to come. I can somewhat agree with that but I don’t believe it is my duty to judge or prove the existence, and the all mighty power God has. I certainly am a believer of faith and that the existence of good and evil lies in all of us, regardless of the control God has over us. My opinion relates to how Aquinas believes that everyone’s consequences and endings they choose are because of the free choice God gives us all. As mentioned in the book, a great example that I find makes a perfect analogy is when he states, “He can create in a multitude of ways, No

Common law is created from the customs and precedents set in the country rather than statutes created by Congress. Common law allowed more discretion on behalf of the judges originally, but less room for change down the line. Natural law is the basis for human contact and does not waiver on moral principles. Natural rights are less vague than the law; meaning, natural rights are part of a person. You cannot be a person if you give up your natural rights, these rights are inalienable, and are the rights referred to in the Declaration of Independence. Legal positivism emphasizes the belief that law is synonymous with positive norms. The norms of legal positivism are created through common law. Legal positivism also argues that the legality of an issue does not settle the morality of issues; legality is always separate from

Natural law- the idea that principles of morals and rights are inherent in nature and not human made; such laws are discovered by reason but exist apart from humankind. Positive law-human made law.

different from natural law because ‘ it calls for a certain measure of regularity of observance for without this feature, it would hardly be entitled to rank as law at all. A natural law on the other hand may stll be held to be valid even if it is never or scarcely even observed.’7 Legal positivism will only work in a community where it is widely accepted. Hart suggested that the legal system is a ‘closed’ logical system where decisions may be deduced by logic. For

12. Natural law is the set of principles that some believe can be reach by pure reason. They are laws that can be assumed simply from examining how our world is. Natural law gives Christians a set of believes and ideas to compare and contrast their own set of laws and values against. It also provides them with a perspective with which they can shape their morality beliefs

If a law is not moral, thus it is not a law. Aquinas thinks this for there must be a moral reason to follow a law.  Thus, if a law does not have any moral reason for a person to follow the law, the law is unjust. According to Aquinas, a sanction (a punishment) would not be a good enough reason to follow an unjust law. The Fugitive Slave Law goes against the laws of nature. Humans have their own free will and the law of nature never permits one human to claim another human. People are not property and have their own free will.  Obviously, morality says people are not possessions. One cannot approach a person and say, “I own you.” It is not morally justifiable. To Aquinas the Fugitive Slave Law is not a real law for the sake that the law does not follow morality. At the time of the Fugitive Slave Law, people knew slavery was wrong; so, the jurors in Morris did conduct appropriately. As stated before, natural law theory states a law requires morality. The jurors let the emancipators free since the Fugitive Slave Law was against morality and natural law.  The jurors did the morally suitable thing through the lens of natural law theory since they were doing what morality said.
        Positivism, another attempt to answer what the law is, leads to a similar outcome as the Natural Law theory which was that the jurors in Morris did the right thing. John Austin discusses positivism in his book “The Province of Jurisprudence Determined.” First, Austin defines

First and foremost the law of nature is “a theory that has roots in Judeo-Christian conception of social life. The theory holds the law and morality must be ssynonymous” (Boyd, 2015). And the

Natural law is defined as "the law that requires us to act in accordance with our nature" (Shafer-Landau 77). Thus, the natural

The Human Laws are in relation to Natural Laws. All laws are in correspondence to each other. Therefore, Eternal Law is the main source of laws in order to run the world while natural law and human law are in extreme correlation with one another because natural law lays the foundation for human law to be known. Natural law sets the moral foundation for humans while human laws run together to help keep earthly ways in order in correlation to morality. Human laws are applications of natural laws but us as humans can not steer away from our moral or spiritual

The first reason being, the authority of the sovereign by whose command the war is to be waged(Article 1). It is important to note that the sovereign is the leader or overseer of a certain project. Aquinas believes that the people themeselves can not wage a private war on a country, but if the sovereign say its okay, then they are allowed to wage a war. The second reason that Aquinas gave is that, a just cause is required, namely that those who are attacked, should be attacked because they deserve it on account of some fault(Article 1). Here, Aquinas attempts to explain that war is just as long as you have a cause to attack someone,and that they did something wrong to you or others around you. It’s the famous line “and eye for an eye.” An example of this reason would be, if someone were to get hit , it would be okay for them to go back and hit the person back. Although this may be bad like in school accoriding to Aquinas it is completely legal to attack someone if they attacked you. The third reason he gives is that, it is necessary that the belligerents should have a rightful intention, so that they intend the advancement of good, or the avoidance of evil(Article 1). Intending to demosntrate that it is okay to wage war, Aquinas says that it is always okay to wage war as long as the person you have rightful intentions.

It is imperative to understand Aquinas’ definition of just and unjust laws. Through defining these terms, we will be able to understand Aquinas’ claim. A law that is just has the power of “binding in conscience” (Aquinas in Dimock, ed., 2002, p.20). It is derived from eternal law and therefore inherently morally correct. An unjust law lacks this integral quality. Aquinas is willing to say that an unjust law is a so-called law, but a just law is a law proper in its entirety.

Natural law theorists believe that all law must be morally justified if it can be legitimised as law at all. Legal positivism means the simple contention that it is in no sense a necessary truth that laws reproduce or satisfy certain demands of morality, though in fact they have otherwise done so. (Hart, DATE)

The first principle of law according to Aquinas is that "good is to be done and pursued, and evil is to be avoided. All other precepts of the natural law are based upon this” (ST I-II.94.2). The other precepts are self-preservation, procreation, education of offspring, seek truth avoid ignorance, and live in society. Aquinas believes the natural law is written on every human and every human has equal knowledge of good and evil; however, once individual circumstances are factored in, it is dependent upon humans to follow or ignore it. However, Aquinas believes that “the natural law, in the abstract, can nowise be blotted out from men 's hearts” (ST I-II.94.6) but through bad habits of the society it could be weakened. According to Aquinas, the natural law has two main aspects. The first of these is that “the natural law is altogether unchangeable in its first principles” (ST I-II.94.5), which means God can add to, but not take away from, the law. This only applies to the primary precepts; the secondary precepts may change in some particular aspects. The second aspect is that “the written law is said to be given for the correction of the natural law” (ST I-II.94.6.ad 1); to put it simply, human laws are necessary to fill in the gaps/loopholes left from the natural law. Aquinas’ teachings shows that the actions of human is either good or bad depending on whether it conforms to reason.

So because of this, he says that it is not important for people to know the whole order of things when in regards to the eternal law. So they may know that the eternal law exists, but not really how it works. Aquinas believes that everybody knows the truth to some extent. In regards to how this plays effect in today’s society, criminals are very aware of what they are doing when they plan to commit these crimes, yet they still commit them and break the law. “Wicked people are incompletely subject to the eternal law.” Laws signifies a plan directing an end. Aquinas believes that human law does not derive from eternal