Aquinas' Conception of Law
Essay by review • November 24, 2010 • Essay • 662 Words (3 Pages) • 1,291 Views
Conception of Law
In life, there are certain goals that people tend to set for themselves. We strive to reach these goals in order to obtain happiness. Everything that we see as good is a part of happiness. We all want to be happy, and it has to be found on our own. Humans have a will. We are rational beings. Because of this rationalization, we can decipher between what is right and what is wrong and also what is good. Each individual has a different idea of what is good while also having different ideas of how to achieve what is good. The problem is that some of these ways of achieving what is good is not necessarily right. This is where Aquinas' conception of law comes into play.
According to Aquinas, there are four types of law. The first is natural law. Humans have a given nature, but we can choose to ignore our nature through reason. Good actions come from our nature. These actions tend to benefit something. Bad actions occur when we ignore this natural instinct. We know that murder is wrong. When we choose to do it anyway, it is going against our nature, therefore being bad. Like humans, God also has reason. His reason is known as eternal law, meaning that nothing can happen that God does not will.
In addition to these laws is human law, which means exactly what it says. They are laws created by humans that must meet four conditions in order to be a legitimate law. In order to be a true law, it must come from an authority that is responsible for the community, be properly advertised so the public is aware, be good for the people, and be reasonable. If a law contradicts any of these conditions, it cannot become a true law.
There is one last law that which humans have no control over. It is beyond our nature and proclaimed in the Scriptures. This divine law cannot be discovered through reason. This law is a necessity in order to reach our final happiness.
Many American laws correspond to the four conditions of human law. A main one would be that it is unlawful to commit murder. This one is quite obvious and does fall under the four conditions. This law is set by the government, and just about everyone is aware of this law unless they are pretty retarded. Even then, they still have an idea that it is wrong. It is definitely a very reasonable law and is good for the community. If murder were legal, people would be dying in mass
...
...