Lecture 15 Notes
—
filed under:
Introduction to Philosophy,
Philosophy
The Essence of
Law
Plan of the
Lecture
I. The Essence of
Law
II. Three Implications
I. The Essence of Law
A. The idea of a Perfect or Complete Community
- Aquinas considers a number of communities: political society, humanity, Christendom, and the created universe.
- Each, he thinks, is, in a
sense, complete or perfect, with a common good:
- The political community is complete just as Aristotle
thought.
- Catholic Christendom is complete or self-sufficient in that there
no larger, more embracing earthly spiritual society, no higher
spiritual authority than the Pope, and no resources more efficacious
than sacraments.
- The created universe is pardigmatically self-sufficient.
B. Human Beings Achieve Their Ends as Members of
Such Community
- Political community. Human beings cannot achieve goods of
culture, intellect, leisure, various forms of work, friendship, outside
complex political community THEREFORE cannot live good life outside
political community
- Catholic Christendom. The good life as Aristotle describes it
is not all the good there is. To achieve eternal life, we need the
sacraments. To live as well as can in this one, we need to hear
the gospel. Therefore, we
cannot attain human good without Christendom.
- The Created Universe. Human beings are made in God’s image
and likeness. Insofar as we live well, we image one aspect of
God’s perfection. So too do other creatures. Therefore, our good is appreciated in
context of all creation
C. Human Beings are Naturally "Parts" of Such a
Community
- Because we achieve the good, i.e., live a good human life, within complete communities, we are parts of perfect communities, as hand is part of human body.
- "Moreover, since every part is ordained to the whole as imperfect
to perfect, and since one man is part of the perfect
community..."
D. Such a Community Must be Good
- There must be good laws for various communities to be healthy and
well-functioning. Communities to which human beings belong have
laws to guide their members to the common goods of those
communities.
- "...the law must needs regard the proper relationship to universal
happiness. Wherefore the Philosopher mentions both happiness and the
body politic...since the state is a perfect community[.]"
(Question 90, article 3)
II. Three Implications
A. People Achieve Their Good in Perfect Communities and are Naturally Parts of Such Communities.
- Core Idea: People lead good
lives by being part of something bigger, more embracing than
themselves.
- Therefore, thought that
liberty and individuality are ultimate goods, just as anathema to him
as to Plato, Aristotle.
B. Human Good in This Life is Activity According
to Reason.
- That is, the good life is a life of actions and choices governed by
reason well-exercised. Therefore, the good exercise of
reason is a standard or norm against which human act is judged: "the
rule and measure of human acts is reason" (Q. 90, art. 1)
- Good law is also a measure or standard of human acts. Therefore, good law is law made according to right reason.
- Together, good law is made by reason about what common good
requires.
C. Kinds of Law
- As we saw, Aquinas thinks human beings: members of many
communities;
- achieve their good as such since communities are guided by laws,
there must be various kinds of law to govern the various
communities:
- The Created Universe is governed by Eternal Law
- Humanity is governed by Natural Law.
- Catholic Christendom is governed by Divine Law.
- Political Communities are governed by various codes of Human Law.
Copyright 2008,
by the Contributing Authors.
Cite/attribute Resource.
administrator. (2006, September 19). Lecture 15 Notes. Retrieved August 29, 2008, from Notre Dame OpenCourseWare Web site: http://ocw.nd.edu/philosophy/introduction-to-philosophy-1/Lecture%2015%20Notes.html.
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