St. Thomas Aquinas : The Divine Law And Human Law

The philosopher Aquinas had a unique thought process on the way humans acquire knowledge. He believed that by being “born with a blank slate” humans could gain knowledge through experiences and other methods. Aquinas believed that the soul plays a major part in the inquiry of knowledge. Unlike philosophers of old he believed that the soul and body were intertwined. Working together to push the soul forward in its quest to gain knowledge in this life.

states that all wars are sinful, but if it is justified it is not a sin; however, I feel that just because one has authority over others, this shouldn't

He believed that in order to understand law, one must first realize what law’s purpose is. He, like Thomas, argued that law’s purpose it to benefit society by creating a morally sound order to human action and conduct. He detailed seven goods that he believed to be intrinsic and universal, and argued that laws should be enforced under the stipulation that they adhere to the enhancement of these goods, because they are what determines a fulfilling life. They are: life, knowledge, play, aesthetic experience, sociability, practical reasonableness, and religion. The goods that relate to the thesis of this paper the most are knowledge and sociability, as the result of the case has a direct benefit on them and is, therefore, moral and legitimate. Legal positivists, however, disagree that morality has any place in determining what legitimate law is.

The 3 kinds of laws that Aquinas explains are eternal law, natural law and human laws. Eternal law is the law that is written in the mind of God. This means that whichever law that God places in his own mind is the eternal law, meaning that it is unchanging and everlasting. Natural Law is also known as Divine law. This law is in correspondence to the eternal law.

Thomas Aquinas also had a critique of the ontological argument, that we as humans cannot know Gods nature, humans will all conceive of God in different ways, some conceptions of God even assign him a body; this argument couldn’t apply to all these conceptions, some of which are contradictory, this would mean it’s impossible to conceive of God in the way that Anselm has put forward. In order for the ontological argument to work you would need to know God perfectly, and since only God knows itself perfectly, only God could use this argument. The phrase “a being than which none greater can be imagined” is far too vague to be used in a strong argument.

St. Thomas Aquinas argues that an “an unjust law is no law at all.” (Aquinas in Dimock, ed., 2002, p.19) However, Aquinas also acknowledges that a human lawgiver may promulgate a command that has the form of law, and is enforced like a law, yet is unjust. This observation leads to the realization that these are two inconsistent claims. Yet Aquinas believes that these inconstancies can be reconciled. In Aquinas’ view an unjust law is not a law but yet is also able to be issued as law and imposed as law.

Are we naturally moral creatures? Do we always act towards the common good of others? I am positive that we do not, and in fact, as much as society wants to, we go against our morals and lead with our ‘feelings’. These feelings may feel right, but it doesn’t mean they will lead you in the right path to fulfil your ultimate end, true happiness. Hitler was a passionate man driven by feelings, but what he felt and did during the World War Two era was not for the sake of the common good, and was not morally right. In today’s society we often struggle between what is legally right and what is

Thomas Aquinas's philosophy was that law existed for the common good of the particular community, and he separated law into four main sections; Eternal law, Natural law, Divine law, and Human law. Eternal law is the law of God that exists universally. Thomas said that God rules over creation like a ruler would govern their community, equating Eternal law to Human law in a sense. Divine law is dirived from eternal law, and is unchangeable by man. It is the will of God and it is usually revealed though revelations such as the Ten Commandments, or the teachings or Jesus. Human law is the section of law that deals with law that involves human rules on a societal scale. Unlike the previous two sections, human law can, and oftentimes should, be changed to better work for the common good of the community. Thomas also states that "human law cannot punish or forbid all evil deeds: since while aiming at doing away with all evils, it would do away with many good things", meaning that human laws cannot change the consience of people, and that they don't hold as much power or influence as the other three categories of law. When explaining human law, Thomas Aquinas is acknowledging positive law, but in order for those laws to be worthy of the name law, they have to closely match the natural laws that exist

ST. Thomas Aquinas was a philosopher who was born in 1225 and has strongly influenced the academic and theological fields since then. He studied under Alfred the Great when he joined the Dominican order. After he graduated he went on to teach in Bologna, Paris, Rome, Cambridge, and Cologne. Surprisingly he came up from a aristocratic family and was the son of a wealthy banker, the story goes that he decided to join the Dominican order, so his family locked him away for a year trying to persuade him from joining. Thomas Aquinas's most famous work was the Summa Theologica, it is a brief overview of all the questions and answers explained in the vast Summa Contra Gentiles. However his works are not limited to just the Summa Contra

Both Aristotle and Aquinas were prominent philosophers who wrote profound works that discussed the concept of the highest human good and how humans can achieve it. In Aristotle’s, Nicomachean Ethics, the highest human good is a state of constantly seeking knowledge as a way of achieving full capacity as a human. The writings of Aquinas are similar to Aristotle, but, in Treatise on Law, he discusses the type and elements of law. His discourse on law ultimately names the highest human good as being in the perfect community with God. Aquinas’s argument supports obedience to law, preexisting inclinations for the good, and a resolution. Aristotle requires that the person constantly seek knowledge and be at work, which can act as a positive force that drives humans to improve themselves.

To Aquinas natural law is based on practical reason of beings. This practical reason is conveys the notion that all beings naturally seek good ends. We are naturally inclined to do good actions and avoid evil ones. His view is influenced from Christian

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

1.) Thomas Aquinas believes that humans are born with a clean slate in a state of potency and acquire knowledge through sense experiences by abstraction of the phantasms. His view on how man acquires knowledge rejects Plato’s theory that humans are born with innate species. Along with Plato’s theory of humans understanding corporeal things through innate species, Aquinas also rejects Plato’s theory that in being born with innate species, humans spend their lives recollecting their knowledge.

Thomas Aquinas gave a simple definition of conscience when he called it ‘the faculty of reason making moral judgements’. From this, conscience is simply a rational faculty that enables us to understand right from wrong. The faculty works on the basis of knowledge, first a knowledge of moral principles enshrined in natural law, and ideally a knowledge of diving law as revealed in the Bible. However, Aquinas recognised that conscience is by no means an infallible voice. We can have a mistaken, erroneous or uninformed conscience, and it is a moral obligation in itself to have an informed conscience. Aquinas, like Joseph Butler, believed that we have a capacity to grasp at a basic level the moral principles that should govern the right