Combining Philosophers

Ideas for John Austin, Thomas Aquinas and David Conway

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7 ideas

25. Social Practice / D. Justice / 1. Basis of justice
People differ in their social degrees, and a particular type of right applies to each [Aquinas]
     Full Idea: There are many differences of degrees among men, for instance, some are soldiers, some are priests, some are princes. Therefore some special kind of right should be alloted to them.
     From: Thomas Aquinas (Summa Theologicae [1265], II-II Q57 4)
     A reaction: An objection (3), but Aquinas endorses it in his reply. In 58.10 he says striking a prince is worse that striking a commoner. The shift to the idea that everyone is supposed to be equal before the law has been slow, and we are not quite there yet.
25. Social Practice / D. Justice / 2. The Law / c. Natural law
Natural law is a rational creature's participation in eternal law [Aquinas]
     Full Idea: It is evident that the natural law is nothing else than the rational creature's participation of the eternal law.
     From: Thomas Aquinas (Summa Theologicae [1265], I-II Q91 2)
     A reaction: It is not enough merely that God decrees eternal laws. It is also necessary for us to use reason in order to participate. I'm not sure what reasoning process is involved.
Tyrannical laws are irrational, and so not really laws [Aquinas]
     Full Idea: A tyrannical law, since it is not in accord with reason, is not unconditionally a law, but is rather a perversion of law.
     From: Thomas Aquinas (Summa Theologicae [1265], Ia IIae.Q92.1, ad 4), quoted by Kretzmann/Stump - Aquinas, Thomas 13
     A reaction: Only a belief in natural law can give a basis for such a claim. Positivists will say a tyrannical law is unconditionally a law like any other, but a bad one.
Right and wrong actions pertain to natural law, as perceived by practical reason [Aquinas]
     Full Idea: All things to be done or to be avoided pertain to the precepts of natural law, which practical reasoning apprehends naturally as being human goods.
     From: Thomas Aquinas (Summa Theologicae [1265], Ia IIae.Q94.2c), quoted by Kretzmann/Stump - Aquinas, Thomas 13
     A reaction: No mention of God, but you feel the divine presence in the background. He also cites 'eternal law'. No coincidence that the atheist Hobbes rejected natural law. Personally I would offer an atheistic defence of natural law, based on human nature.
25. Social Practice / D. Justice / 2. The Law / d. Legal positivism
The existence of law is one thing, its merits and demerits another [Austin,J]
     Full Idea: The existence of law is one thing; its merit and demerit another. Whether it be or be not is one enquiry; whether it be or be not conformable to an assumed standard is a different enquiry.
     From: John Austin (Lectures on Jurisprudence [1858], p.214), quoted by Jens Zimmermann - Hermeneutics: a very short introduction 6 'Positivism'
     A reaction: It is impossible to contest this point, but the issue is whether there is nothing more to law than its written existence.
25. Social Practice / E. Policies / 1. War / a. Just wars
For Aquinas a war must be in a just cause, have proper authority, and aim at good [Aquinas, by Grayling]
     Full Idea: Aquinas argued that on three conditions war can be justified: first, that there is a just cause; second, that it is begun on proper authority; and third, that it is waged with right intention, for 'the advancement of good, or the avoidance of evil'.
     From: report of Thomas Aquinas (Summa Theologicae [1265], II) by A.C. Grayling - Among the Dead Cities Ch.6
     A reaction: But see also Idea 7292. Nowadays we are rightly suspicious of all three conditions. Evil people seem to think their cause is just; authority has often been seized by violence, or is being abused; and people seem confused about what is good or evil.
25. Social Practice / F. Life Issues / 3. Abortion
Aquinas says a fertilized egg is not human, and has no immortal soul [Aquinas, by Martin/Barresi]
     Full Idea: In Aquinas's view the fertilized egg is not, either at the moment of conception or for quite a while afterwards, endowed with an immortal soul. In fact, technically speaking, it is not even human.
     From: report of Thomas Aquinas (Summa Theologicae [1265]) by R Martin / J Barresi - Introduction to 'Personal Identity' p.20
     A reaction: It is pointed at that therefore Aquinas does not give good support for modern Catholic views on abortion. There is certainly no reason why a human zygote should be ensouled from the start, as God may do this whenever He wishes.