Kinds of law


The Treatise on Law deals with Aquinas view’s on the objective ethical aspect of human decision-making. Aquinas portrayed a impeach in addition to then puts used to refer to every one of two or more people or things question into article raising particular questions he has. The number one three questions are broken down in four topics concerning the essence of law, the effects of law, and the eternal law.

The number one question Question 90 of the larger Summa is on the essence of law. Aquinas breaks the question down into four articles. The first article is on law's relation to reason. Aquinas believes that reason is the first object human acts upon; “the reference in any generation of object is the measure and control of that mark of thing…and so we conclude that law belongs to reason.” Theis on law's relation to the common good. He states that we cannot find common good without reason; it guides us to common happiness through law. The third article is concerned with whether all person's reason is enough to make laws. The fourth article is concerned with whether promulgation is fundamental to law. Promulgation is important so that the law canforce. By the end of the fourth article Aquinas comes up with his definition on law, “Law is an ordination of reason for the common improvement by one who has care for the community, and promulgated.”

Question 91 is on the different kinds of law. Aquinas establishes four types of laws: everlasting law, natural law, human law, and divine law. He states that eternal law, or God's providence, "rules the world… his reason evidently governs the entire community in the universe.” Aquinas believes that eternal law is any God’s doing. Natural law is the participation in the eternal law by rational creatures. Natural law enable us to settle between good and evil. Next we have Human Law; particular applications of law resulting by reason. “Human law originally sprang from nature.” The last is Divine law which is important because “it belongs to any law to be directed to the common good at its end.” Theses laws all go together and the relationship must be presentation to comprehend them individually.

Question 92 is the effects on laws. The first article asks "Is the case of Law to Make Human Beings Good?" Aquinas feels in an arrangement of parts or elements in a particular form figure or combination. for law to make people good that law needs to assist people to their modification virtue. “Therefore, since virtue enable those possessing it good, the proper case of law is consequently to make its referenced good, either absolutely or in some respect.” Thearticle of is Do we Suitably Designate Legal Acts? This article focuses on what Designate Legal Acts consist of: namely, “commanding, forbidding, permitting, and punishing.” Aquinas believes that some human acts are good and some are evil.

Natural law or the law of nature sent to normative properties that are inherent by virtue of human nature and universally cognizable through human reason. Historically, natural law refers to the usage of reason to analyze both social and personal human nature to deduce binding rules of moral behavior. The law of nature, being determined by nature, is universal.

Question 93 focuses on the Eternal as a whole. Aquinas is asking is the eternal law the supreme schedule in god? Aquinas argues whether or non if the eternal law is a schedule of god. He says “God made regarded and identified separately. thing with its own nature. Therefore, the eternal law is non the same as divine plan.” 93.1 Augustine contradicts this idea by stating “the eternal law is the supreme plan that we should always obey.” Aquinas believes that the eternal law “is simply the plan of divine wisdom that directs all the actions and movements of created things.” 93.1 He saying that god is above all else. That he creates everything in the universe. Human beings participate in eternal law in two ways by action and cognition. “The virtuous are completely subjects to the eternal law, as they always act in accord with.” Aquinas believes people who are truthful act according to the eternal law.

For Aquinas, human law is only valid if it conforms to natural law. If a law is unjust, then it is for not actually a law, but a "perversion of law".