Episode 1565: Summa Theologica - Part 2 - Law and Morality

Aquinas delves into the relationship between human law and moral law. He argues that human laws should be in harmony with the eternal law, which is the divine wisdom governing the universe. Aquinas distinguishes between natural law, which is based on the rational understanding of human nature and governs moral actions, and positive law, which is man-made legislation. He asserts that positive laws must conform to the principles of natural law to be morally valid.

Thomas Aquinas's ethical and legal philosophy, the relationship between law and morality is a central topic of discussion. Aquinas distinguishes between various types of law, including divine law, natural law, human law, and discusses how they intersect with moral principles. Here's a more detailed explanation of Aquinas's views on the relationship between law and morality:

Law and Morality in Aquinas's Philosophy:

Divine Law:

Divine law, according to Aquinas, is the highest form of law and is directly derived from God. It encompasses both the Old Testament Mosaic Law and the New Testament teachings of Christ. Divine law is considered the ultimate source of moral guidance and establishes the foundational principles of right and wrong.
Natural Law:

Natural law, for Aquinas, is a set of moral principles that are inherent in human nature and can be known through reason. These principles are universal and unchanging, providing a basis for determining the moral quality of human actions. Natural law serves as a guide for human conduct and is closely related to moral virtue.
Human Law:
Human law refers to the legal systems created by societies for the regulation of human behavior. Aquinas acknowledges the necessity of human laws, which are derived from natural law and aim to promote the common good. However, he asserts that for a law to be just, it must be in harmony with natural law and divine law.

Conformity with Natural Law:
According to Aquinas, for a human law to be considered just, it must be in conformity with the principles of natural law. This means that it should reflect and uphold the fundamental moral values that are inherent in human nature.

Unjust Laws:
Aquinas acknowledges that not all human laws are just. Laws that deviate from natural law or contravene divine law are considered unjust. In such cases, individuals are not morally obligated to obey them.

Role of Prudence:
Aquinas emphasizes the importance of prudence (practical wisdom) in the formulation and application of human laws. Prudent lawmakers are able to discern and enact laws that align with natural law principles and the common good.

Positive and Negative Laws:
Aquinas distinguishes between positive laws (laws enacted by human authorities) and negative laws (laws that prohibit certain actions). He asserts that both types of laws should be in accordance with the principles of natural law.

Moral Obligation to Obey Just Laws:
Aquinas holds that individuals have a moral obligation to obey just laws, as they contribute to the well-being of society and the common good. This obedience is considered a form of virtuous behavior.

Principle of Legitimate Authority:
Aquinas maintains that laws must be enacted by legitimate authorities who have the proper jurisdiction and competence to promulgate them. Laws imposed by unauthorized or tyrannical rulers may not carry the same moral weight.

Relationship with Virtue:
Aquinas sees a close relationship between law and virtue. Just laws support and promote virtuous behavior, and virtuous individuals are more likely to conform to just laws.

Judgment of Conscience:
Aquinas acknowledges that individuals must also exercise their own judgment of conscience when faced with specific situations. This involves applying moral principles to particular cases and discerning the morally right course of action.

In summary, in Aquinas's philosophy, law and morality are intimately connected. Divine law, natural law, and human law are all considered important sources of moral guidance. Just laws are those that align with natural and divine law, promoting the common good and the flourishing of human beings. However, Aquinas also recognizes that not all laws are just, and individuals have a moral responsibility to discern and act in accordance with their conscience when faced with potentially unjust laws.