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4 ideas
23179 | 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. |
22114 | 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. |
23174 | 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. |
22113 | 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. |