According to St. Thomas Aquinas, the goal of a law is to bring about a peaceful and “complete community” (Summa Theologicae, 1-2, 91, 1). Laws are composed of commands and practical instructions. According to Aquinas, “a law is simply a dictate of practical reason.” As a result, laws should be reasonable and based on sound judgments.
The person primarily responsible for making laws is “a ruler who governs.” In a constitutional republic, such as the United States, the lawmakers are elected representatives. In an aristocracy, such as Denmark, members from the leading families make the laws. In both cases the best way to prepare for making reasonable laws based on sound judgments is to study ethics. By investigating Aristotle's Nichomachean Ethics along with his Politics as well as Aquinas' Commentaries a student will learn the six forms of government, the four kinds of justice, the three kinds of friendship, the two kinds of virtue, and the one chief goal of every human person.
The six forms of government are monarchy, tyranny, aristocracy, oligarchy, republic and democracy, according to Aristotle, Politics 4.2. The four kinds of justice are distributive, rectifiable, exchangeable and political, according to Aristotle, Nichomachean Ethics, 5. 3 and St. Thomas, Commentary on the Nichomachean Ethics, 5. 4. The three kinds of friendship are useful, pleasurable and true, according to Aristotle, NE, 8. 3 and St. Thomas, Comm. NE, 8. 3. The two kinds of virtue are intellectual and moral, according to Aristotle, NE, 2. 1 and St. Thomas, Comm. NE, 2. 1. Plus, the chief good of every person is happiness, according to Aristotle, NE, 11. 2 and St. Thomas, Comm. NE, 1. 1.
There are four tools for making a reasonable law, since there are four kinds of law: eternal, divine, artificial and natural.
Eternal laws are made by God who is “the ruler of the universe” (Summa Theologicae 1-2, 91, 1). Eternal laws are directed in general to everything in the universe. For example, there is the law of gravity that is permanent. Plus, this eternal law between particles is obeyed by minerals, plants, animals and people.
Divine laws are also made by God directed specifically at men. St. Thomas writes, “The additional law given by God allows man to share more perfectly in the eternal law” (Summa Theologicae 1-2. 91. 4). For example, God gave us the Ten Commandments in the Bible's Book of Exodus, chapter 20, so that people will know how to love and please the Lord.
Artificial laws are made by experts who give us practical instructions. St. Thomas calls them "the conclusions of the various sciences" (Summa Theologicae 1-2, 91. 2). To illustrate, according the California Vehicle Code, a bicycle rider should know that “a white headlight and reflectors are required by law if riding when it’s dark” (CVC 21201).
Natural law and can be “understood by all persons” (Summa Theologicae 1-2, 91. 2). According to Aquinas, there are five natural laws. First, we should do things to stay alive. We should seek “to preserve our human life.” Thus, the first natural law is the right to life. Second, a husband and a wife should be loyal to each other and to their children, because “humans have particular inclinations by the nature they share with other animals,” such as the inclination to preserve the family. Thus, the second natural law is the right to have a traditional family where parents promise love each other forever. Third, because “humans by nature have inclinations to know truths about God,” every person should have the freedom to study religion. Thus, the third natural law is the right to study the Scriptures at home and in schools. Fourth, because every human person naturally “shuns ignorance,” every person should receive an education. Thus, the fourth natural law is the right to true information and sound judgments. Fifth, because every person needs to live in a peaceful community, every person should “not offend those with whom they ought to live sociably.” Thus, the last natural law is that everyone has the right to be respected by all citizens.
To review, a law is a practical guide for bringing about a peaceful community. And five natural laws are simple ways to bring about peace.
Every person has the right to life and what should be respected is his desire to live continuously.
Every person has the right to a traditional family and his desire for a mother and a father should be respected.
Every person has the right to study religion and what should be legal is his desire to discuss the Scriptures at home and at school.
Every person has right to move from ignorance toward understanding and what should be respected is his need for truth and sound judgments.
Every person has the right to live in a safe community and what should be promoted is his desire to have his rights respected by everyone.
Students in my Ethics class regularly tell me that they enjoy Aquinas’ theory of natural law and ask, Why is it that some political leaders do not follow the clear and obvious natural laws? I reply that some politicians and teachers are filled with hope for a perfect future on earth and forget about the daily struggles of students, families and communities.
© By Theodore Faulders, April 20, 2015.