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What is the primary focus of William of Occam's contributions to the debate over universals?
What is the primary focus of William of Occam's contributions to the debate over universals?
What is the difference between radical nominalists and moderate nominalists like William of Occam?
What is the difference between radical nominalists and moderate nominalists like William of Occam?
What is the significance of William of Occam's defense of the Franciscans' right to property?
What is the significance of William of Occam's defense of the Franciscans' right to property?
What is the primary distinction between nominalism and realism in the context of universals?
What is the primary distinction between nominalism and realism in the context of universals?
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Which of the following thinkers was influenced by William of Occam's nominalist approach?
Which of the following thinkers was influenced by William of Occam's nominalist approach?
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What is the significance of right reason in the context of moral obligations?
What is the significance of right reason in the context of moral obligations?
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What is the primary distinction between natural law and positive law?
What is the primary distinction between natural law and positive law?
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What is the primary focus of the debate over universals in the context of natural law?
What is the primary focus of the debate over universals in the context of natural law?
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According to Thomas Aquinas, what is the relationship between natural law and positive law?
According to Thomas Aquinas, what is the relationship between natural law and positive law?
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What is the main difference between voluntarism and intellectualism?
What is the main difference between voluntarism and intellectualism?
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What is the significance of equity in Thomas Aquinas' legal philosophy?
What is the significance of equity in Thomas Aquinas' legal philosophy?
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What is the view of intellectualists regarding divine will and human nature?
What is the view of intellectualists regarding divine will and human nature?
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What is the significance of the Franciscan Order in the development of legal philosophy?
What is the significance of the Franciscan Order in the development of legal philosophy?
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What is the main difference between the views of Augustine and Thomas Aquinas on the city of men?
What is the main difference between the views of Augustine and Thomas Aquinas on the city of men?
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What is the significance of the concept of voluntarism in the development of legal philosophy?
What is the significance of the concept of voluntarism in the development of legal philosophy?
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What is the main difference between the views of voluntarists and intellectualists regarding the relationship between divine will and human nature?
What is the main difference between the views of voluntarists and intellectualists regarding the relationship between divine will and human nature?
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What is the philosophical position that aligns with Augustine's views on eternal law?
What is the philosophical position that aligns with Augustine's views on eternal law?
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What is the term used to describe the idea that certain actions are intrinsically evil, regardless of any will?
What is the term used to describe the idea that certain actions are intrinsically evil, regardless of any will?
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What is the main concern of the mendicant orders, such as the Franciscans and Dominicans, during the 13th century?
What is the main concern of the mendicant orders, such as the Franciscans and Dominicans, during the 13th century?
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What is the primary reason for the University of Paris to forbid the public teaching of Aristotle's work?
What is the primary reason for the University of Paris to forbid the public teaching of Aristotle's work?
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What is the goal of Thomas Aquinas' intellectual pursuits?
What is the goal of Thomas Aquinas' intellectual pursuits?
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What is the reason behind Thomas Aquinas' family's disapproval of his decision to join the Dominican order?
What is the reason behind Thomas Aquinas' family's disapproval of his decision to join the Dominican order?
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What is the historical context in which the concept of natural law emerged?
What is the historical context in which the concept of natural law emerged?
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What is the key distinction between natural law and positive law?
What is the key distinction between natural law and positive law?
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Study Notes
Thomas Aquinas' Legal Philosophy
- 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.
Roots of Legal Positivism
- 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.