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Thomas Aquinas, On Law

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A 3 page summation of part of the text of Thomas Aquinas’ Summa Theologiae. In this text, Aquinas expressed his beliefs on law in the sections entitled Question 90 through Question 96. This is a summation of the principal points that Aquinas argues, which, basically, demonstrate his faith in the ability of human beings to use reason to guide the formulation of ethical behavior. No bibliography is offered.

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3 pages (~225 words per page)

File: D0_khlawta.rtf

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points that Aquinas argues, which, basically, demonstrate his faith in the ability of human beings to use reason to guide the formulation of ethical behavior. In Question 90, Aquinas defines "law" as a "rule and measure of acts, whereby man is induced to act or is restrained from acting" (76). Drawing on Aristotle, he agues that law should address and be congruent with societal order that provides "beatitude," that is, conditions that are conducive to the public good (77). This section also lays out the parameters under which law is formed and from which it derives its authority. He points out the need for law, as a "private person cannot lead another to virtue" as he can "only advise," not compel, correct behavior (77). In this manner, Aquinas demonstrates the need for a temporal authority that has the necessary political power to give law "binding force" on those who are "ruled by it" (77). This leads Aquinas to the further define that the law is "nothing else than an ordinance of reason for the common good, promulgated by him who has the care of the community" (77). In Question 91, Aquinas goes into more detail about how laws originate and derive their authority. He defines natural law, writing that reason provides a means of discerning action that is "according to nature" (77). He also cites Augustine in stating that there are two types of law: divine and temporal. He states that laws that are not imparted to humanity via natural law must be discerned via the faculty of human reason. In Question 94, Aquinas summarizes his thoughts thus far, by writing that reason dictates that what is good "is to be preserved and evil is to be avoided" (77-78). As all of the other precepts associated with natural ...

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