Aquinas's Theory of Law

Aquinas's Theory of Law

• Eternal Law is God's plan for creation, governing everything and understood through its effects
• Eternal Law mirrors God's intellect, will, goodness, and rationality
• Natural Law is the part of Eternal Law humans can access through reason
• Natural Law dictates basic moral principles like preserving life and seeking knowledge
• Key precepts of Natural Law include preserving life, procreation, seeking knowledge, and societal living
• Natural Law's first principles are self-evident to human reason and grasped immediately
• Divine Law is God's law through scripture and tradition, complementing Natural Law
• Divine Law guides humans to eternal salvation, addressing aspects of life beyond Natural Law
• Old Law (Mosaic Law) and New Law (Law of Christ) have roles in God's salvation plan
• Divine Law guides and perfects human freedom, not negating it
• Human laws, created by societies, should derive from Natural Law for the common good
• These laws guide behavior and maintain order
• Just human laws derive from or reflect Natural Law
• Human laws should aim for the common good, not individual or group interests
• The legitimacy and force of a law depend on its justice
• Unjust laws are perversions of law
• Enforcement is a factor in addressing human vices through law
• Human laws can change due to reason or changes in customs/culture
• Human Law must align with Divine Law to be just

Stoic Philosophy (Epictetus's Enchiridion)

• The dichotomy of control involves distinguishing between internal (controllable) and external (uncontrollable) factors
• Emphasis is placed on focusing on internal thoughts, judgments, and desires
• Acceptance of external events is encouraged
• Internal goods include virtue, wisdom, and self-control
• External goods include wealth, health, and reputation
• Accepting uncontrollable external events is advocated
• Reason is key to understanding the natural order and achieving tranquility
• Virtue is the only true good, and vice is the only true evil
• External factors are considered indifferent
• External factors' value depends on individual judgment
• Apatheia involves emotional tranquility through controlled reactions to external events
• Living in harmony with the natural order of the universe is crucial
• The universe is governed by Logos, a rational principle
• Aligning with nature means following this principle
• Oikeiosis refers to the natural inclination to care for oneself and those close
• Stoic techniques for attaining tranquility are practical for managing emotions
• Examples include negative visualization, preparation, and dissociative thinking
• Negative visualization involves preparing for adversity by imagining misfortunes
• Preparation involves mentally preparing for difficulties
• Dissociative thinking detaches one from external events by recognizing their true nature over personal significance
• Self-reflection is used in Stoic practice to align thoughts and actions with virtue

Augustine's Theory of Free Will

• The problem of evil questions how evil can exist if God is good and omnipotent
• Malum culpae is evil from human choice, misusing God-given freedom
• Malum naturae is evil as a lack of good, a deficiency
• Original sin makes humans prone to sin
• God's foreknowledge does not necessitate human actions; they are freely chosen
• Compatibilism means reconciliation of free will and divine foreknowledge
• Free will and divine foreknowledge are not mutually exclusive
• Evil is a privation of good, not a substance
• Evil is a deviation from God's perfect order
• Evil arises from misusing human will and turning away from God
• The human will is naturally oriented towards good but is corrupted by sin
• True happiness is found only in God
• Sin corrupts the will, leading to lesser goods and away from God
• God's grace overcomes sin and restores the will toward God

Plato's Theory of Justice (The Republic)

• The analogy of a just city helps to understand justice in the individual soul
• The ideal city has rulers (philosopher-kings), auxiliaries (guardians), and producers
• Each class has a specific function and virtue
• Rulers embody wisdom
• Auxiliaries embody courage
• Producers embody moderation
• Justice in the city occurs when each class fulfills its function without interference
• The allegory of the cave illustrates the philosopher's journey to enlightenment
• The human soul has reason, spirit, and appetite
• These align with the three classes in the just city
• Reason is responsible for wise decisions
• Spirit is responsible for courage and ambition
• Appetite is responsible for bodily desires
• Justice in the soul occurs when reason governs the other parts for harmony
• Forms are perfect, eternal concepts existing independently of the physical world
• The Form of the Good is the ultimate source of goodness, truth, and being
• The Form of the Good is the source of all knowledge and being
• The Form of the Good is the highest Form, and all other Forms participate in its goodness
• Philosophers with knowledge of the Form of the Good are best suited to rule
• Education turns the soul toward the Form of the Good
• Education enables individuals to achieve true knowledge and virtue
• The allegory of the divided line illustrates levels of knowledge, with the Form of the Good at the highest

Aristotle's Nicomachean Ethics

• Eudaimonia (happiness) is achieved through virtuous activity of the soul
• Eudaimonia is the ultimate goal of human life and means "flourishing" or "living well"
• External goods are necessary but don't provide happiness
• Virtue is a disposition to act reasonably, finding the mean between extremes
• The doctrine of the mean states that virtue lies in finding balance between two extremes
• Courage is the mean between cowardice and recklessness
• The mean point changes based on the person and circumstances
• Practical wisdom (phronesis) determines the mean
• Practical wisdom discerns appropriate actions
• Voluntary action and moral responsibility exist only when actions are performed knowingly and without coercion
• Actions are voluntary when done knowingly and without coercion
• Involuntary actions are done under duress or ignorance
• Mixed actions have voluntary and involuntary aspects
• Intellectual virtues are acquired through teaching
• Examples include wisdom, understanding, and practical wisdom
• Moral virtues are acquired through habituation
• Moral virtues concern character and action
• Intellectual and moral virtues are necessary for achieving moral virtue
• Justice gives an equal amount between two extremes
• General justice obeys the laws of the state
• Special justice deals with fairness in distribution, rectification, and exchange
• Natural law supports just actions

Facts to Memorize

• Aquinas's Four Types of Law: Eternal, Natural, Divine, Human
• Key Precepts of Natural Law (Aquinas): life preservation, procreation, pursuing knowledge, living in society
• Justice in Human Law (Aquinas): Legitimacy depends on justice and common good; unjust laws are perversions
• Changing Human Law (Aquinas): Changes occur due to better understanding of Natural Law or changes in customs, culture
• Stoic Dichotomy of Control: Focus on internal factors, accept external events
• Stoic Virtue as the Sole Good: Virtue is the only true good; external factors are indifferent
• Stoic Techniques for Tranquility: Negative visualization, preparation, and dissociative thinking
• Augustine's Problem of Evil: Distinction between malum culpae (evil as human choice) and malum naturae (evil as privation of good)
• Augustine's View of Free Will: Compatibilist view reconciling free will and divine foreknowledge
• Augustine's Nature of Evil: Evil is not a substance but a privation of good
• Plato's Just City: Rulers (philosopher-kings), auxiliaries (guardians), producers
• Plato's Tripartite Soul: Reason, spirit, appetite; justice as harmony between these parts
• Plato's Form of the Good: Ultimate source of all goodness, truth, and being
• Aristotle's Eudaimonia: Flourishing or living well achieved through virtuous activity of the soul
• Aristotle's Doctrine of the Mean: Virtue lies in finding the balance between two extremes
• Aristotle's Voluntary Action: Actions are voluntary when done knowingly and without coercion
• Aristotle's Justice: Mean between giving too much and too little; general justice (lawfulness) and special justice (fairness)
• Plato's Allegory of the Cave: Illustrates the philosopher's journey from ignorance to enlightenment
• Plato's Divided Line: Illustrates levels of knowledge and understanding
• The Noble Lie (Plato): A myth promoting social harmony and stability in the ideal city