THOMAS AQUINAS’ NATURAL LAW THEORY: A STANDARD FOR HUMAN POSITIVE LAW

THOMAS AQUINAS’ NATURAL LAW THEORY: A STANDARD FOR HUMAN POSITIVE LAW

TABLE OF CONTENTS

TITLE PAGE…………………..…………………………………………i

CERTIFICATION……………………………………….………………ii

DEDICATION……………………………………………..…………….iii

ACKNOWLEDGEMENT……………………………………………….iv

TABLE OF CONTENT………………………………………………….vi  

CHAPTER ONE

1.0- General Introduction……………………………………..…………   1

1.1- A Brief Profile of Thomas Aquinas………………………..……….   4

1.2- Purpose of the study………………………..……………………….   6

1.3- Statement of the problem…………………..………………………..  6

1.4- Scope of work……………………………..…………………………  7

1.5- Methodology……………………………………..………………….   8

1.6- Division of work……………………………….……………………   9

CHAPTER TWO

2.0- LITERATURE REVIEW……………………………..……………  10

2.1- Plato………………………………………………….…………….  11

2.2- Aristotle……………………………………………………………  12

2.3- The Stoics………………………………………………………….  13

2.4- Augustine…………………………………………………………..  15

CHAPTER THREE

3.0- THOMAS AQUINAS’ NOTION OF LAW………………………..  16

3.1- Law Defined…………………….…………………….……………  16

3.2- Kinds of Law……………………….………………….……………  18

3.2.1- Eternal Law…………………………………………..…………… 18

3.2.2- Divine Positive Law…………………………………….…….….  18

3.2.3- Natural Law………………………………………………….…… 19

3.2.4- Human Positive Law……………………………………….……… 19

3.3- THOMAS AQUINAS’ NATURAL LAW THEORY……….……..  19

3.3.1- Natural Law Defined……………………………………….……..  19

3.3.2- Knowledge of Natural Law…………………………….…………  22

3.3.3- Universal nature of Natural Law……………………….…………  25

3.3.4- Immutable nature of Natural Law……………………….………..  27

3.3.5- Indelible nature of Natural Law………………………………….  30

3.3.6- Indispensable nature of Natural Law…………………………….  31

CHAPTER FOUR

4.0- NATURAL LAW AS A STANDARD FOR HUMAN POSITIVE         LAW……………………………………………………………….. 34

4.1- Human Law Defined………………………………………..….…… 35

4.1.1- Necessity of Human Positive Law……………………….….…… 36

4.1.2- Natural Law vis-à-vis Just and Unjust Human Positive Law.…… 40

4.1.3- Natural Law and Justification of Civil Disobedience……….…… 42

4.1.4- Morality and Legality of Law Distinguished………………….…. 47

CHAPTER FIVE

5.0- Evaluation and Conclusion…………………………………………  50

5.1- Evaluation…………………………………………………………..  50

5.2- Conclusion………………………………………………………….  57

BIBLIOGRAPHY……………………………………………..……….  59

CHAPTER ONE

GENERAL INTRODUCTION

The concept of natural law occupies a central position in the moral theory of Thomas Aquinas. Thomas Aquinas’ treatise on natural law is contained in the first part of the second part of his Summa Theologica where he treated Law. To be precise, he dedicated question ninety-four of the said book to it (the natural law). The Ethics of Thomas Aquinas closely followed the eudamonological ethics of Aristotle; Aquinas built upon Aristotle’s theory. Just like Aristotle, Thomas sees morality as a quest for happiness. He argued that happiness is closely connected with a person’s end or purpose. He further maintained that human nature has both its source and ultimate end in God. For Thomas, God who created man provides him with the means of arriving at his end. This means, through which man arrives at his end, is what Thomas calls Natural Law.

For Thomas Aquinas, natural law is that law which the ultimate efficient cause (GOD) infused in man commanding him to do good and avoid evil in order that he (man) may attain his end. Natural law appeals to reason that naturally has the capacity of discovering it. Natural law, Thomas maintains, is based on the rationality of human nature. Thomas holds that the natural law has such properties as: knowability, universality, immutability, indelibility and indispensability.

However, in spite of these properties of the natural law, it still lacks coercion, i.e., the physical force of law. As a result it is not always obeyed by all. To this effect, natural law needs to be supplemented by human positive law. This is due to the differences inherent in human nature. Consequently, human positive law is needed to ensure an ordered society. Human law lucidly defines and coercively guides social interactions among men. Hence, it greatly contributes to the achievement of common good.

It is an indubitable fact that every law should seek to protect the common good of the people. It is also a well-established truth that morality has to do with the good of the people. Consequently, law and morality are always seen as two sides of a coin. Unfortunately, certain human laws are not based on moral standards. That is to say that there are some human laws that do not consider the common good. For instance, certain governments enact tyrannical laws. Some others enact laws that are immoral. In this kind of situation, the purpose of law, which is to ensure common good and happiness, is not realized.

THOMAS AQUINAS’ NATURAL LAW THEORY: A STANDARD FOR HUMAN POSITIVE LAW