St. Thomas Aquinas and Positive Law Theories
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Questions and Answers

What is the primary belief of Plato regarding the structure of society?

  • Individuals should rely on emotions to determine justice.
  • Justice is achieved when all powers work towards individual good. (correct)
  • Society should be ruled by the strongest individuals.
  • Human laws have no connection to natural laws.

According to Aristotle, which of the following is true about law?

  • Law should be based only on human emotions.
  • Law can instruct those ruled by passion to act morally. (correct)
  • Law serves no moral purpose.
  • Only the inherently good can grasp the importance of law.

What is the primary focus of jurisprudence?

  • To create new laws for modern society
  • To analyze and explain the nature and meaning of law (correct)
  • To enforce laws and regulations
  • To evaluate economic theories in relation to law

What does St. Thomas Aquinas identify as the source of human positive law?

<p>Decisions made by humans to maintain order. (B)</p> Signup and view all the answers

Which kind of law did St. Thomas Aquinas consider to be governed by God's ultimate authority?

<p>Eternal law (A)</p> Signup and view all the answers

Which of the following statements about natural law is true?

<p>Natural law is an eternal principle believed to be created by a higher power. (D)</p> Signup and view all the answers

What is a significant aspect of Plato's view on education?

<p>It is essential for knowing good, which leads to doing good. (A)</p> Signup and view all the answers

According to Socrates, what is essential for society to achieve true justice?

<p>The alignment of societal powers working harmoniously for the collective good (B)</p> Signup and view all the answers

What distinguishes positive law from natural law?

<p>Positive law is created by human authorities and is subject to change. (D)</p> Signup and view all the answers

Which aspect does jurisprudence seek to understand about law?

<p>The historical and moral bases of legal concepts (C)</p> Signup and view all the answers

What characterizes Natural Law according to St. Thomas Aquinas?

<p>It can be known by humans through reason. (A)</p> Signup and view all the answers

Under what condition are laws considered just?

<p>They are published and known to everyone. (B)</p> Signup and view all the answers

According to Positive Law theorists like Hobbes, what is the primary reason for obeying laws?

<p>Fear of penalties from the law. (C)</p> Signup and view all the answers

What is considered the ultimate authority over the state according to St. Thomas Aquinas?

<p>The church. (C)</p> Signup and view all the answers

Which of the following best describes Hobbes' view of the natural state of humans?

<p>A perpetual state of war. (C)</p> Signup and view all the answers

What does legal realism primarily focus on?

<p>The actual application of law as interpreted by judges (C)</p> Signup and view all the answers

In the context of strict constructionism, how are legal cases typically ruled?

<p>Through a close reading of the text of laws without interpretation (C)</p> Signup and view all the answers

Marxism views law primarily as:

<p>A tool for the ruling class to maintain control (C)</p> Signup and view all the answers

How does feminist jurisprudence conceptualize law in relation to women?

<p>As a construct that has historically oppressed women (C)</p> Signup and view all the answers

What is a key characteristic of the activist approach to legal rulings?

<p>Judges apply personal ideologies while ruling (B)</p> Signup and view all the answers

What does Thomas Hobbes believe about the natural state of humans?

<p>Humans exist in perpetual war. (D)</p> Signup and view all the answers

According to John Locke, what are the natural rights that individuals possess?

<p>Life, liberty, and property. (C)</p> Signup and view all the answers

Jeremy Bentham is best known for which of the following concepts?

<p>Utilitarianism. (A)</p> Signup and view all the answers

Which statement reflects John Austin's perspective on law?

<p>A good legal system depends on a government enforcing positive laws. (C)</p> Signup and view all the answers

Legal realism emphasizes which of the following aspects?

<p>The interpretation of law by judges. (B)</p> Signup and view all the answers

Flashcards

Eternal Law

God's unchangeable laws that govern the universe.

Natural Law

Laws discoverable by reason and reflecting moral principles.

Human Positive Law

Laws created by humans for a society's smooth running.

Hobbes' natural state

A constant state of conflict and war between individuals where no authority exists to limit them.

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Positive Law's reason for obedience

Obeying laws based on the fear of punishment, not morality.

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Positive Law

Man-made laws created by governments and officials; intended to maintain order and safety within a society.

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Jurisprudence

The philosophy of law; philosophical interpretation and analysis of legal concepts.

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Socrates' view of natural law

Socrates believed natural law was crucial for achieving justice, emphasizing the moral obligation of laws.

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Justice (Socrates)

Harmony of society's powers to benefit everyone.

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Plato's view on justice

Justice is both societal and individual, achieved when all powers (physical, mental, and spiritual) are harmoniously working toward individual good achieved through reason.

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Aristotle's view on law's role

Law has a moral purpose, acting as the foundation to guide and correct people (born good/capable of good/ruled by passion) to act morally.

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St.Thomas Aquinas' Eternal Law

God's unfathomable laws governing the universe.

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St. Thomas Aquinas' Natural Law

Understandable laws discovered through reason.

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Aquinas' view on state vs church

State's authority is subordinate to the church's spiritual leadership, prioritization of spiritual over state interests.

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Legal Realism

A school of legal thought that focuses on how law is actually applied in practice, rather than theoretical ideals. It emphasizes judges' interpretations and the real-world context of legal decisions.

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Strict Constructionist Approach

This approach to law focuses on the literal meaning of the text of a law, leaving little room for interpretation. Judges adhere strictly to the words on the page.

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Originalist Approach

This approach to law interprets legal texts based on the original intent and purpose of the law's creators. Judges try to understand the original lawmaker's vision.

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Activist Judge

A judge who goes beyond the traditional role, making decisions based on personal ideologies and potentially disregarding precedents to achieve a desired outcome.

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Marxism and Law

Marxist legal theory argues that law is a tool used by the ruling class to maintain their power and control over society, favoring the rich over the working class.

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Hobbes' view on human nature

Hobbes believed humans are naturally self-interested and constantly strive to improve their position, leading to a perpetual state of war without rules or authority.

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Locke's natural rights

John Locke argued that individuals possess inherent rights to life, liberty, and property, which are fundamental and should be protected by the government.

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Utilitarianism

A philosophy that prioritizes maximizing happiness for the greatest number of people; laws should promote societal well-being.

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Austin's view on law

John Austin believed law is separate from morality and good laws are created by a strong government, not by a personal moral code.

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Legal Realism's focus

This theory emphasizes how law is applied in practice, focusing on judicial interpretation and the real-world factors influencing decisions.

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Study Notes

St. Thomas Aquinas

  • Christian Philosopher
  • 4 kinds of law
    • Eternal law: laws by which God created the universe (we don't understand it)
    • Natural law: can be known by humans through reason
    • Divine Positive law: law that has been revealed to us in the scriptures
    • Human Positive law: made by humans for the smooth running of the state
  • People should live on earth in a way that would unite us with God
  • State is not the ultimate authority, but rather the church is since it is in charge of spiritual needs
  • State must be subordinate to the church
  • People are under no obligation to follow an unjust law
  • Laws are just if...
    • It is a product of human reason (natural law)
    • It is made for the common good
    • It is published so that everyone knows it

Positive Law Theorists (Hobbes, Locke, Bentham, Austin)

  • During 16 and 17 century in England, Life was pretty bad
  • People started questioning the idea of natural laws. Where were they?
  • People started believing that the laws were only put in place to insure the survival of the state
  • No moral purpose
  • Obedience was no longer a matter of conscience, but fear of penalties
  • Why obey laws?
    • The fear of getting caught (positive law)
    • Morals, guilty (natural law)
    • Betterment of society (Plato/Aristotle)
    • Religious reasons (STA)

Thomas Hobbes (1588 - 1679)

  • Natural state of humans was perpetual war (disproves of natural law)
  • People constantly trying to strengthen their position
  • We agree to surrender rights to leaders (government) to rule and maintain order

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Description

Explore the teachings of St. Thomas Aquinas regarding various types of law and their implications for human governance. Delve into the perspectives of positive law theorists like Hobbes, Locke, Bentham, and Austin, who challenged natural law arguments in the 16th and 17th centuries. Understand the relationship between church and state as elaborated by Aquinas and the evolving views on law during that period.

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