Natural Law: Partie 1 - Chapitre 2 (Medieval)
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Questions and Answers

What is the primary focus of William of Occam's contributions to the debate over universals?

  • Nominalism against realism (correct)
  • Realism against nominalism
  • Voluntarism against intellectualism
  • Moderate realism
  • What is the difference between radical nominalists and moderate nominalists like William of Occam?

  • Radical nominalists believe universals are real entities, while moderate nominalists believe they are conventional terms
  • Radical nominalists believe universals are empty words, while moderate nominalists believe they have meaning (correct)
  • Radical nominalists believe universals exist only in the mind, while moderate nominalists believe they exist in the concrete individual
  • Radical nominalists believe universals have an independent reality, while moderate nominalists do not
  • What is the significance of William of Occam's defense of the Franciscans' right to property?

  • It shows his influence on the development of natural law
  • It highlights his role in the dispute over universals
  • It is a crucial aspect of his intellectual legacy (correct)
  • It demonstrates his commitment to voluntarism
  • What is the primary distinction between nominalism and realism in the context of universals?

    <p>Nominalism believes universals are conventional terms, while realism believes they are real entities</p> Signup and view all the answers

    Which of the following thinkers was influenced by William of Occam's nominalist approach?

    <p>Hobbes</p> Signup and view all the answers

    What is the significance of right reason in the context of moral obligations?

    <p>It allows us to distinguish between good and evil</p> Signup and view all the answers

    What is the primary distinction between natural law and positive law?

    <p>Natural law is based on reason, while positive law is based on human convention</p> Signup and view all the answers

    What is the primary focus of the debate over universals in the context of natural law?

    <p>The nature of universals as real entities or conventional terms</p> Signup and view all the answers

    According to Thomas Aquinas, what is the relationship between natural law and positive law?

    <p>Positive law is derived from natural law, but can be modified by human reason</p> Signup and view all the answers

    What is the main difference between voluntarism and intellectualism?

    <p>Voluntarism emphasizes the absolute power of divine will, while intellectualism emphasizes reason</p> Signup and view all the answers

    What is the significance of equity in Thomas Aquinas' legal philosophy?

    <p>Equity is a means of resolving conflicts between natural law and positive law</p> Signup and view all the answers

    What is the view of intellectualists regarding divine will and human nature?

    <p>God's actions are limited by human nature, which constrains divine will</p> Signup and view all the answers

    What is the significance of the Franciscan Order in the development of legal philosophy?

    <p>The Franciscan Order introduced the concept of voluntarism, which laid the groundwork for legal positivism</p> Signup and view all the answers

    What is the main difference between the views of Augustine and Thomas Aquinas on the city of men?

    <p>Augustine's view is more vertical, while Aquinas' view is more horizontal and emphasizes the importance of human reason</p> Signup and view all the answers

    What is the significance of the concept of voluntarism in the development of legal philosophy?

    <p>Voluntarism emphasizes the absolute power of divine will, allowing for the imposition of any law</p> Signup and view all the answers

    What is the main difference between the views of voluntarists and intellectualists regarding the relationship between divine will and human nature?

    <p>Voluntarists believe that divine will is absolute, while intellectualists believe that divine will is limited by human nature</p> Signup and view all the answers

    What is the philosophical position that aligns with Augustine's views on eternal law?

    <p>Voluntarism</p> Signup and view all the answers

    What is the term used to describe the idea that certain actions are intrinsically evil, regardless of any will?

    <p>Moral absolutism</p> Signup and view all the answers

    What is the main concern of the mendicant orders, such as the Franciscans and Dominicans, during the 13th century?

    <p>Promoting evangelical poverty</p> Signup and view all the answers

    What is the primary reason for the University of Paris to forbid the public teaching of Aristotle's work?

    <p>Fear of challenging Christian revelation</p> Signup and view all the answers

    What is the goal of Thomas Aquinas' intellectual pursuits?

    <p>To reconcile the Christian faith and the work of Aristotle</p> Signup and view all the answers

    What is the reason behind Thomas Aquinas' family's disapproval of his decision to join the Dominican order?

    <p>They saw the Dominican order as a quasi-revolutionary movement</p> Signup and view all the answers

    What is the historical context in which the concept of natural law emerged?

    <p>During the 13th century, with the rise of mendicant orders and the rehabilitation of Aristotle's work</p> Signup and view all the answers

    What is the key distinction between natural law and positive law?

    <p>Natural law is based on human reason, while positive law is based on divine revelation</p> Signup and view all the answers

    Study Notes

    • Thomas Aquinas' legal philosophy includes natural law, positive law, divine will, and equity, addressing potential conflicts and emphasizing the importance of laws aligning with inherent moral principles.
    • He acknowledges the limitations of human rationality, allowing for the application of equity in specific cases.

    The Franciscan Order

    • The Franciscan Order was founded by Francis of Assisi in 1210 and emphasized ideals of poverty and fraternity.
    • Despite rapid growth, the order faced challenges in reconciling commitment to poverty with accumulating wealth.

    Voluntarism vs. Intellectualism

    • Voluntarists, like Duns Scotus, rejected the intellectualist view that saw nature as a harmonious and immutable order.
    • Voluntarism emphasized the absolute power of divine will, allowing God to act independently of rational constraints.
    • Intellectualists, like Thomas Aquinas, believed that God's actions must align with reason.

    Duns Scotus and Occam

    • Duns Scotus and Occam introduced a voluntarist dimension, breaking from the intellectualist conception.
    • They believed that divine will was absolute and not constrained by human nature, suggesting that God could theoretically impose any law, even ones contradictory to human nature.
    • The voluntarist positions of Duns Scotus and Occam laid the groundwork for legal positivism.
    • Some passages in their work also cast doubt on their total voluntarism, suggesting that right reason allows us to distinguish between good and evil.

    William of Occam

    • William of Occam was an English monk, philosopher, and theologian who played a significant role in the nominalist school of thought.
    • He defended the Franciscans' right to property and contributed to the debate over universals.

    Nominalism and Universals

    • Occam followed Duns Scotus in championing nominalism against realism.
    • Nominalists argued that universals are not real entities but conventional terms created by humans to understand the world.
    • Occam believed that universals were conventional labels with meaning assigned arbitrarily.

    Influence of Nominalism

    • The nominalist approach influenced thinkers like Hobbes, Locke, and Hume two centuries later.

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    Description

    This quiz explores Thomas Aquinas' legal philosophy, including natural law, positive law, and equity, and its differences with the Franciscan Order's views.

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