Divine Judgment and Sovereignty

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Questions and Answers

What does Aquinas suggest about positive laws that contradict natural law?

They cannot obligate individuals and are unjust. (correct)

They should always be adhered to without question.

They have the same authority as natural laws.

They are always in alignment with divine will.

How does Aquinas view the role of human reason in determining what is good or bad?

It is irrelevant to natural law.

It can identify actions based on the nature of things. (correct)

It is dependent on historical context.

It is purely subjective and varies from person to person.

In what circumstance does Aquinas suggest that one should not follow the letter of the law?

When the law is ambiguous and unclear.

When the law is universally accepted.

When it comes from a sovereign authority.

When it contradicts natural law. (correct)

What example does Aquinas provide to illustrate a situation where adhering to the law may lead to a conflict with natural law?

Keeping the gates closed in a besieged city. Signup and view all the answers

What is the nature of the discretionary power of God according to Aquinas?

It is limited to things that do not have inherent goodness or evil. Signup and view all the answers

What does Aquinas imply about purely conventional laws?

They become binding once adopted. Signup and view all the answers

How does Aquinas distinguish between just positive laws and natural law?

Positive laws may be just but can conflict with equity in certain circumstances. Signup and view all the answers

According to Aquinas, what happens if human law is unjust?

It loses its status as a law entirely. Signup and view all the answers

How does the prince's relationship with the law reflect his authority according to the content?

The prince must follow the law, but retains the ability to adapt it. Signup and view all the answers

What constitutes a king's obligation to his subjects as mentioned in the content?

A formal contract that limits his rights to tyranny. Signup and view all the answers

Which principle allows people to refuse allegiance to a tyrant?

The principle of exception non adimpleti contractus. Signup and view all the answers

What does the content suggest about the right of civil disobedience?

Public authority should act against tyranny rather than private initiative. Signup and view all the answers

How does Aquinas view the complexities of sovereign power?

Sovereign power must align with natural law and subject to moral constraints. Signup and view all the answers

What distinguishes directive law from coercive law in the context provided?

Directive law guides behavior while coercive law enforces compliance. Signup and view all the answers

According to the content, how should the power of a tyrant be addressed?

Through a unified resistance of the whole people. Signup and view all the answers

What is suggested regarding judgments on laws contrary to natural law?

They require careful scrutiny and should be aligned with natural law. Signup and view all the answers

What does Aquinas imply about a tyrant and the covenant with his subjects?

The subjects are justified in terminating the covenant due to the tyrant's unfaithfulness. Signup and view all the answers

According to Aquinas, what is the relationship between a prince and the laws he creates?

The prince is above the laws and not bound by them. Signup and view all the answers

What does the principle 'patere legem quam ipse fecisti' mean in the context of governance?

A ruler must adhere to laws he enacts. Signup and view all the answers

In Aquinas' view, why is a prince not coercively bound by laws?

He created the laws, thus controlling them. Signup and view all the answers

Which assertion best captures the sovereignty of a prince according to Aquinas?

A prince can unilaterally change laws as he sees fit. Signup and view all the answers

How does Aquinas define the concept of directive law compared to coercive law?

Directive law stems from the prince's will, while coercive law enforces compliance. Signup and view all the answers

What implications does Aquinas' assertion about a prince's authority over laws have for governance?

It leads to absolute monarchy without accountability. Signup and view all the answers

What does Aquinas suggest should happen when a prince acts unfaithfully?

Subjects are justified in deposing the prince. Signup and view all the answers

Study Notes

Divine Judgment and the Prince

The prince is required to adhere to laws but possesses the authority to modify or exempt them based on circumstances.
Moral constraints on leadership are emphasized over strictly legal ones, highlighting a flexible governance approach.

Sovereign Power and Contractual Obligations

There exists a contract between the king and his subjects, allowing the king some discretion while prohibiting tyrannical actions.
If the king violates the contract, subjects may withdraw allegiance and depose him, demonstrating a social contract's inherent checks on power.

Right of Resistance

Public authority is preferred for addressing tyranny over private initiatives, as Thomas does not endorse civil disobedience by individuals.
Resistance to tyranny is acceptable only when initiated by the whole populace, establishing collective rights against absolute power.

Natural Law vs. Divine Will

Natural law exists independently of divine will, dictating moral good and evil based on human nature, not divine preferences.
Discretionary powers of God are acknowledged, specifically regarding actions that lack intrinsic moral value.

Positive Law and Its Evaluation

Thomas respects positive laws but allows for conflict resolution between positive law and natural law.
An unjust law, which contradicts natural law, lacks the validity and classification of being a true law.

Equity and Justice

Positive laws can deviate from equity under certain circumstances; judgments should thus consider both the spirit and the letter of the law.
Example: A besieged city must weigh adherence to closed gates against the unjust situation arising from tyranny.

Legal Principles for Governance

The principle "patere legem quam ipse fecisti" underscores the importance of a ruler adhering to self-imposed laws, reflecting accountability in governance.
The prince is subject to the law's directive force through the consent of his own will, reinforcing the concept of mutual obligation within the social contract.

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Description

Explore the complexities of divine judgment and the role of sovereignty in governance. This quiz examines the moral versus legal constraints on rulers as articulated by Thomas and their implications on the king-subject contract.