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PHIL 2050
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PHIL 2050 Sept. 11 St. Thomas Aquinas: Treatise on Law Define: - Promulgation: to make something official or make known Question 90: Of the Essence of Law 1) Whether law is something pertaining to reason  Obj. 1: Law is not something pertaining to reason  Reply Obj. 1: Law is within all those things inclined to do something by reason of some law therefore law is subject to reason. The inclination of the members to desire and lust due to reason is called the Law of Members  Obj. 2: Law is pertained, not to reason, but to the will, law is subject to the people with reason to act in a right way  Reply Obj. 2: Proposition that the practical intellect that directs to the use of action have the nature of law, these propositions are sometimes under actual consideration  Obj. 3: Law is a rule and measure of acts that man is induced to upon, “what ever pleases the sovereign has force of law”  Reply Obj. 3: In order to violate what law commands may have the nature of law, as it needs to be in some sort of rule of reason. The will of the sovereign has force of the law, otherwise the sovereign would savor the lawlessness 2) Whether the law is always something directed to the common good  Obj. 1: Law is to command and forbid, however commands are directed to certain individual goods, therefore law is not always the common good  Reply Obj. 1: The order of common goods, at which the law aims, is applicable at particular ends, therefore laws are aimed at particular matters  Obj. 2: Law directs man to act in certain ways, however man acts based on concerns of particular matters, therefore the law is directed to particular goods  Reply Obj. 2: Actions are indeed concerned with particular matters, however these matters are based on particular goods  Obj. 3: Law is ordained to the common good, if law is based on reason, whatever is based on reason is a law, practical reason is the last end, for humans the last end is happiness or bliss  Reply Obj. 3: Whatever stands to reason has the nature of law, the common good is the last end 3) Whether the reason of any man is competent to make laws  Obj. 1: The reason of any man is competent to make laws, anyone can make laws for himself  Reply Obj. 1: Law is not only in the one who rules but the one who is ruled, one is a law to himself, he shares the direction with whom directs and rules him  Obj. 2: The intention of a law giver is to lead men to virtue, any man is component to laws since a man can lead another to virtue  Reply Obj. 2: One man may only advise another of the virtuous path however may not use coercion to settle a man on the virtuous path, law may use coercive means to detail the path of virtue therefore the man advising the law only has the law to himself  Obj. 3: The father of a households acts to govern much like a sovereign, every sovereign may make laws for a state, therefore every father may make laws for his household  Reply Obj. 3: One man of a household may in fact create rules and guidelines for the perfect community however can not such have the power of the law behind his rulings 4) Whether promulgation is essential to law  Obj. 1: It is not essential for law to have promulgation due to the fact that Natural Law above all law does not need any publicizing,  Reply Obj. 1: The Natural law is promulgated through God’s installation of Natural Law in one’s mind  Obj. 2: Promulgation of a law is not essential due to the fact that a law binds itself to a person to do or not to do something, fulfilling a law does not only touch one who it is promulgated but also others  Reply Obj. 2: Those who are not present to the promulgation of a law are bound to observe the law through others after it has been promulgated  Obj. 3: Laws are made in mind of the future, however promulgation is only fact to the people of the present therefore law is not bound to promulgation  Reply Obj. 3: Law is continuously promulgated through the written texts in which they are stated to be seen in the future Question 91: Of the Various Kinds of Law 1) Whether there is an eternal law  Obj. 1: God was alone from eternity, there was no one in which a law could be imposed on since eternity, therefore law is not eternal  Reply Obj. 1: There was a eternal law imposed on which God had foreknown to be his creation  Obj. 2: Promulgation is essential to law however in eternity there was no one to proclaims law to therefore there is no eternal law  Reply Obj. 2: promulgation in a sense in which an animal hears the word is not eternity, however through the eternal book of life and the divine word the eternal has been promulgated  Obj. 3: Law is not eternal since law implies order to an end, nothing ordained to end is eternal, only the last end is eternal  Reply Obj. 3: Law itself is not ordained to the end, in essence law ordains things to travel towards the end not the law towards the end itself 2) Whether there is in us a natural law  Obj. 1: There is no natural law within us since man is governed sufficiently by the eternal law  Reply Obj. 1: The natural law is just the participation of the eternal law  Obj. 2: Man is driven to the end by acts of his reason and will therefore this is a function of law and not a function of nature  Reply Obj. 2: Every act of man is taken based on natural principles in which natural appetite is desire therefore nature drives reason which drives the movement towards the end  Obj. 3: The more a man is free the less the law governs one, he is freer than any animal, animals are not subdue to the natural law therefore man is not either  Reply Obj. 3: Any animal is pertained to making self conscious reasoning behind actions made therefore animals are subdue to the participation of the eternal law 3) Whether there is a human law  Obj. 1: The natural law acts in participation of the eternal law therefore there is no need for a human law  Reply Obj. 1: Human reason is needed in order to participate through natural law and eternal law to find the truth therefore human law is needed in order to have this practical reasoning  Obj. 2: No law can emanate from human reason, law bears the character  Reply Obj. 2: Rules impressed on it by nature are what limit the human not the reasoning of a human  Obj. 3: The dictates of human reasoning are unknown therefore no law is able to dictate such humans  Reply Obj. 3: Pract
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