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

    Under what condition are laws considered just?

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

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

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

    What does legal realism primarily focus on?

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

    Marxism views law primarily as:

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

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

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

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

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

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

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

    Legal realism emphasizes which of the following aspects?

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

    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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