St. Thomas Aquinas on Law
Thomas’s definition of law: ‘an ordination of reason for the common good spread by the one who is in charge of the community.’ Balancing intellect and will. Whenever someone desires an end, reason commands what is to be done to reach it. For Thomas law is based on community, ordered to the common good. Making law belongs either to everyone or public personages having responsibility for everyone. The leader is obliged to keep common good central when legislating. Corrupt governments are directed to the private good of their leaders.
Typology of Laws:
Eternal Law – God
Divine Law – God as revealed in scripture
Natural Law
Human Law – laws worked out in states (General Law)
Eternal Law: Thomas defines as ‘rational governance of everything on the part of God as ruler of the universe.’ Eternal law is identical to the mind of God. A law because God stands to the universe which he creates as a ruler does a community he rules. He regulates the universe. Divine Law: Eternal law as it appears to humans, especially through revelation, is derived from eternal law. I.e., divine law is eternal law when it appears to humans as divine commands, (through scripture). It is divided into Mosaic (Old Testament) Law and New Law (New Testament). When speaking of the Mosaic Law, Aquinas is thinking mainly of the 10 Commandments. In speaking of the new law he has the teachings of Jesus in mind. The mosaic law reaches humans through their capacity for fear; it promises earthly rewards; social peace and its benefits. New Law: Commands internal conduct; reaches humans by example of divine love; promises heavenly reward. Emphasizes the grace of Christ in our hearts.
Natural Law: Defined by Thomas as ‘The participation in the eternal law by human beings.’ We have a natural inclination to things. Reason has the capacity to perceive what is good for human beings by following ‘the order of our natural inclinations’. These are: self-preservation; family life and bringing up offspring, (shared by all animals); and the goals of knowing God and living in society (shared with all rational creatures). They are an application of the basic principle ‘good is to be done and evil avoided’. Also, preserving human life. A good justification for moral or legal rule is that it promotes the preservation of life. All living things possess an inclination for survival. Sexual intercourse, education of offspring and the life have a proper place in human life, as in other animal life. Humans are under an obligation to avoid ignorance, (to seek to know God) and to avoid offending those among whom one has to live. He does not like the idea of natural law as a rule-book.
Human Law: Human law is often defined as a ‘positive law’. I.e., laws enacted and enforced in our human communities. Laws which fall short of what they should be, are not true laws at all. Law is always directed to the common good, human law is no different. Promotion of virtue is necessary for the common good, and human laws are instruments in the promotion of virtue. Thomas accepts Aristotle’s conviction that most people are kept from crime by fear of the law. It is good to codify and draw up laws. Deliberation is important in designing laws and laws are necessary to guide judgment.
All human laws must be directed toward the common good. Specific laws for merchants for example, are general in some way; applicable in more than one case. We should also not over legislate. For Thomas, human laws are particular determinations of natural laws. It is law with moral content, being more general than human law. It deals with necessary rather than variable or changeable things. Natural law is more perfect than human law for natural law is not variable. Human laws are applications of natural law and cannot deviate from the spirit of the natural law.
Thomas’s view of natural law is as our participation in eternal law. It is part of our high calling as creatures made by God. We need Him, part of his providential care. We are more Godlike as we provide for others. This sharing in the Eternal Law by intelligent creatures is what we call natural law. It is about our life in God. Natural Law is sharing in divine providence, sharing in the divine life. Our real relationship with God!
