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On Law, Morality and Politics, 2nd Edition (Hackett Classics), by Thomas Aquinas
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The second edition of Aquinas, On Law, Morality, and Politicsretains the selection of texts presented in the first edition but offers them in new translations by Richard J. Regan--including that of his Aquinas, Treatise on Law (Hackett, 2000). A revised Introduction and glossary, an updated select bibliography, and the inclusion of summarizing headnotes for each of the units--Conscience, Law, Justice, Property, War and Killing, Obedience and Rebellion, and Practical Wisdom and Statecraft—further enhance its usefulness.
- Sales Rank: #43755 in Books
- Published on: 2003-06
- Original language: English
- Number of items: 1
- Dimensions: 8.25" h x 5.50" w x .75" l, .49 pounds
- Binding: Paperback
- 316 pages
Review
Perfect for presenting the core of St. Thomas' teachings on law, morality, and politics.--Charles E. Butterworth, University of Maryland
The best available selection of texts for the study of Aquinas' natural law doctrine.--Alfonso Gomez-Lobo, Georgetown University
Language Notes
Text: English, Latin (translation)
About the Author
William P. Baumgarth is Associate Professor of Political Science, Fordham University.
Richard J. Regan is Professor of Political Science, Fordham University.
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Persuasive dialectic by the angelic doctor
By John M. Balouziyeh
In this volume, William Baumgarth and Richard Regan of Fordham University offer the reader selections from Aquinas's Summa Theologica (summary treatise on theology), which is comprised of Part I, dealing with God, creatures, and human nature; Part I-II, dealing with the human end, human acts, virtue, and law; Part II-II, dealing with specific moral virtues and human acts; and Part III, dealing with Christ's redemptive sacrifice (never completed). The portions of the Summa selected for the present volume revolve around the questions of law and morality and thus come mainly from Parts I-II and II-II of the Summa. The individual chapters of the present work treat the following topics: conscience, law, justice, property, war and killing, obedience and rebellion, tolerance and church-state relations, and practical wisdom and statecraft. Some of these questions are drawn not only from the Summa, but from Aquinas's Commentary on the Sentences of Peter Lombard as well. The following is a review of some of Aquinas's questions treated in the present volume:
1. Law (Summa I-II)
A law is a promulgated ordinance of right reason for the common good that is created by the person who is charged with the care of the community. A good law has the effect of making men's behavior good. There are four kinds: (i) the eternal law; (ii) the divine law; (iii) the natural law; and (iv) the human law.
The eternal law is the eternal and unchanging Will of God. Although we cannot see it, we can perceive its effects through the rational orderliness of the universe. The eternal law is reflected in the divine law, which can only be known through God's revelation in the old law of the Old Testament and in the new law of the New Testament. The divine law is necessary to "give direction to human life" (p. 21).
The natural law is the participation in the divine law that man knows by virtue of his rational nature. All men have this law written on their hearts--to pursue good and to shun evil--which is the same for all people: "the natural law regarding general first principles is the same for all persons both as to the principles' rectitude and as to the knowledge of them" (p. 47).
As already mentioned, the human law is created by the governor who has care over the community and is promulgated. It should not aim to prohibit all vices and promote all virtues. A human law derived from the eternal law is a just law. However, the human law should not seek to "punish or prohibit all evil deeds," for by doing so it would inevitably "thereby also take away many goods" (p. 21).
2. Justice (Summa II-II)
Aquinas defines justice as "the constant and perpetual will to render to others what is due to them" (p. 105). Because it makes human acts and human beings good by correctly directing their actions, justice is a virtue. It does not inhere in the "irascible and concupiscible powers" (p. 111), but rather, in the power of the will of its subject. Furthermore, justice is the most important moral virtue because it "inheres in the more excellent part of the soul" (the will) and because "justice is in one respect the good of others" (p. 122). As Aristotle has written, "The greatest virtues are necessarily those that are the most worthy in the eyes of others, since virtue is beneficent power. People most honor the brave and the just because courage benefits others in time of war, and justice benefits others both in war and in peace" (p. 122).
3. Property (Summa II-II)
It is natural and lawful for people to possess, acquire, and dispense of material things, but with respect to their use, they "should not possess external goods as their own but as common possessions, namely, in such a way that they readily share the goods when others are in need" (p. 133). Although theft is a sin, it is lawful to take another's property "if the necessity is so pressing and clear that one has an immediate need of things at hand" (p. 140). When a certain degree of material possessions is necessary, acquiring more than the proper amount is a sin, and is related to covetousness, which Aquinas defines as "the immoderate desire to possess" (p. 159).
4. Obedience and Rebellion (Summa II-II)
Regarding the question as to whether Christians are to obey secular authority, Aquinas concludes that they are obliged to do so, as the Apostle Peter affirms: "For the sake of God, be subject to every human creature, whether to kings as to supreme rulers or to governors as the rulers' deputies" (1Pe 2:13-4). Christians should even do so when the promulgated law is unreasonable. However, when the law is unjust, the Christian is not obligated to obey it. Civil disobedience may be the proper course of action, unless disobedience would cause "scandal or danger" (p. 185). Scandal or danger may result if the disobedience of a law would cause a disturbance to one's fellow citizens or would cause a misunderstanding leading others to sin. Under such circumstances, it is preferable to obey rather than to disobey an unjust law.
Aquinas does not, however, allow for this exception when the temporal law contradicts God's divine law. In this situation, Christians are always obligated to obey God's law and disregard the temporal law. "Therefore," writes Aquinas, "if the emperor should command one thing, and God another, you should obey God and disobey the emperor" (p. 183).
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