Aquinas On Law

Read Saint Thomas Aquinas, On Law, Morality and

Politics (Hackett), xiii-xxii and 11-83.
See xx-xxi for the part, question, article structure of the Summa
and the Objections, Sed Contra, Respondeo, and Responses-toObjections structure of the articles.
Thomas Aquinas (1225-1274)
Philosophy and Theology in Thomas' Thought

A. For Thomas philosophy is ancilla theologiae (handmaiden of

theology). Aquinas was first and foremost a theologian, though
he was quite capable of distinguishing philosophy proper from
theology. He held that
(1) philosophy can prove by means of reason unaided by
revelation some truths proposed by Christian faith;
(2) it can clarify truths which cannot be proved;
and (3) it can defend the principles of Christian faith against
their detractors.
True philosophy cannot conflict with Christian faith but it can
fall short of it--e.g., the existence of God as efficient cause of the
universe can be established by reason alone, the full meaning of
"God" can only come from faith.
Aquinas is not the only, but he is the most important, medieval
thinker who tried to incorporate many of Aristotle's ideas into
Christian philosophy. He goes as far towards accepting
Aristotle's views as a Christian of his time could do. But there

are some points on which even Thomas would have to depart

from Aristotle: chief among them (i) Aristotle's view that the
universe is everlasting and (ii) Aristotle's rejection of individual
immortality.
B. Christian PHILOSOPHY: Philosophy as Thomas understands
it depends on this: that there is a natural world; that its
substantial components regularly exercise their own causal
powers; that there are intelligent beings capable of
understanding the natural world by their own mental powers.
C. CHRISTIAN philosophy: Christian philosophy for Thomas
depends on this: that the world of creatures is totally based--for
its existence, endurance and operation--upon God, who freely
creates, conserves and cooperates with what He has created.
*****
An Outline Corresponding (roughly) to Thomas' Exposition

A. Law in general
B. Kinds of law
C. Eternal Law
D. Divine law
E. Natural law
1. in general
2. the precepts
3. apprehending natural law--synderesis
F. How human law is related to natural law
G. Human law
1. Why human law is needed
2. Specificity of human law

3. How framed for the community and classes of persons

4. Whether it represses all vices or prescribes acts of all the
virtues.
5. Whether everyone is subject to law
6. Whether there are exceptions to true human laws
7. Whether human law should ever be changed
8. How quickly should human law be changed/the importance of
custom
I shall deviate from this outline by reversing E-G, to which most
of our time shall be devoted. The reason for doing this is that
human law is more familiar to us, and it is good philosophical
inquiry proceeds from what is most familiar to us.