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

What is the difference between radical nominalists and moderate nominalists like William of Occam?

Radical nominalists believe universals are empty words, while moderate nominalists believe they have meaning

What is the significance of William of Occam's defense of the Franciscans' right to property?

It is a crucial aspect of his intellectual legacy

What is the primary distinction between nominalism and realism in the context of universals?

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

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

Hobbes Signup and view all the answers

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

It allows us to distinguish between good and evil Signup and view all the answers

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

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

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

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

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

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

What is the main difference between voluntarism and intellectualism?

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

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

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

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

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

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

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

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

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

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

Voluntarism emphasizes the absolute power of divine will, allowing for the imposition of any law 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?

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

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

Voluntarism 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?

Moral absolutism 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?

Promoting evangelical poverty 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?

Fear of challenging Christian revelation Signup and view all the answers

What is the goal of Thomas Aquinas' intellectual pursuits?

To reconcile the Christian faith and the work of Aristotle Signup and view all the answers

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

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

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

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

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

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

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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.