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PHIL 2050
Susan Dimock

Thomas Aquinas 09/12-09/21 Natural law: • Correct/basic moral code • Core of morality (same everywhere) • Doesn’t tell us everything we need to know Human law: • Made by humans, for humans • Gives us the threat of punishment • We need human law to restrain us from doing bad • Enforces morality • Human law includes natural law, however there is a part of natural law that it does not enforce • Human law should not enforce some areas of morality • We can use human law to reinforce natural law Torte Law: individuals get to sue each other for their damages • You must prove and quantify the damage • We shouldn’t be blindly obedient of the law because they must be general • Law should be made by people who understand the common good • The intention of the law maker is to make people good, do good things • If the law is not well-framed, there is still a virtue to obey the law • The virtue of the law is to respect the society Divine Law: Concerns our relationship to God directly. It tells us what we must do to reach eternal happiness • We need divine law to ensure certain errors are not to be made in respect to human law and natural law • We need divine law because human law can only be concerned with our external actions • We need divine law because there is a whole area of morality that we shouldn’t use human law to deal with, so we need divine law to get what we justly deserve • We need divine law because it is impossible to punish all forms of immorality using human law • Sins and crimes are an overlap between human law, natural law and divine law • When it comes to unjust laws, anytime a human lawmaker tries to make a law that contradicts divine law, you must obey the divine law. • Aquinas thinks that natural law and human law can be changed Natural law can be changed in 2 ways: 1. The understanding of it 2. By being added to Caution should be used in changing human because they are changing all the time, underlines the stability of the society ⇒ Aquinas believes that if a law is not just, it doesn’t have to be followed 1. Ordinance of Reason There are two roles for reason i. Setting the goal ii. Choosing means appropriate to that end Law is a rule and measure of actions in two ways: i. As that which rules and measures ii. As that which is ruled and measured 2. Common Good • Reason dictates that the last end of human action is happiness, therefore, law must direct in actions that product happiness. 3. The Lawmaker • Law directs actions in accordance with the common good. The lawmaker must belong to the whole people or to the vicegerent of the whole people. • Only whole people can direct human actions. Individual advice may be taken or not. To direct action, the law must have coercive power, which can come only from the whole people or those authorized to act on their behalf. 4. Promulgation • In order to direct human action, the law must be promulgated or made known to those whose actions it is to direct. • No secret laws (must be made public). • No retroactive laws (must be prospective). • 4 types of laws: 3 requirements for a law to be just: 1. Directed towards the common good (just end) 2. Within the scope
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