St. Thomas Aquinas and the Natural law
The philosophical orientation of Saint Thomas Aquinas on the discipline of natural law is principally inclined on various parameters. Guided by his Godly nature, he was motivated in nurturing philosophical ideals that promoted human equity and equality through a shared common understanding for all. According to him however, all human positive laws are to be judged by their conformity to the natural law. On the other hand, Aquinas was of the opinion that human positive law is not wholly derived from natural law (Long, 2002).
First, the paper begins by striking an amicable understanding the basic concept of natural law because it is often confused to mean the laws of nature discovered by the natural sciences. Natural law refers to the principles related to the human conduct. These are the laws authored by God and are based on human nature. Natural law has the precept that one should generally do the good and always avoid evil (Adler, 2009). In most cases, this precept is useless in the organized society thus there is need to specify what is right or wrong. This is what positive law or man made tries to address. Natural law tells us that doing evil is wrong because it makes others to suffer losses. On the other hand, positive law defines the various degrees of crimes and the penalties associated with the crime (Magee, 1999). Aquinas has the stand that the particular human laws are vary from time to time and from region to region. Human positive law is largely dominated by the will of the legislators and is applicable within the region that the legislators legislate.
According to Saint Thomas, not every human law is derived form natural law. The philosopher believes that morals and ethics arise as a matter of indifference but the things arising from natural law are not matters of indifference. He also believes that the things that are derived as conclusions from the general principles of natural law are in direct association with natural law (Thomas, Dyson, 1954). This makes him conclude that some things associated with human law are in no way associated with natural law.
Accordingly, the philosopher believes that the laws of nature are universal to everybody. It applies to the entire human race and every man has a duty to conform to the will of the creator and should be guided by reason. Aquinas believes that natural law is immutable because it is founded on the very nature of man and his destination to the end. Aquinas asserts that, for some things to originate from natural law it is possible to assign some reason but it is not possible to assign a reason for every law that comes from God. He believes that natural law is different from legal justice (St.Thomas, 1947). Human law is concerned with the things that are purely enacted by law in a purely conventional sense. Aquinas is of the idea that though natural law is absolute and binding they often lack specificity. For instance, he cites that vehicles moving in the opposite direction should drive on opposite side of the highway but it does not give the stipulation whether the vehicles should be on the right or left. This results to indifference giving room to human convention.
It is worth concluding that Aquinas has a strong stand that not every human positive law has the nature of law. However, he expresses his opinion that some of the human positive laws are derived from natural law. The understanding that is brought forward by natural law orientates every person towards a shared common agenda for peace and tranquility in the society. Remarkably, natural law is what derives any another peace of legal legislations. It does this pursuit to provide extended horizons of capacity in all the sediments that sum up to a common agenda of human law. Guided by his legal presupposition therefore, the society would ultimately be left at a state of civil realm with prevailing peace and harmony amongst all.
First, the paper begins by striking an amicable understanding the basic concept of natural law because it is often confused to mean the laws of nature discovered by the natural sciences. Natural law refers to the principles related to the human conduct. These are the laws authored by God and are based on human nature. Natural law has the precept that one should generally do the good and always avoid evil (Adler, 2009). In most cases, this precept is useless in the organized society thus there is need to specify what is right or wrong. This is what positive law or man made tries to address. Natural law tells us that doing evil is wrong because it makes others to suffer losses. On the other hand, positive law defines the various degrees of crimes and the penalties associated with the crime (Magee, 1999). Aquinas has the stand that the particular human laws are vary from time to time and from region to region. Human positive law is largely dominated by the will of the legislators and is applicable within the region that the legislators legislate.
According to Saint Thomas, not every human law is derived form natural law. The philosopher believes that morals and ethics arise as a matter of indifference but the things arising from natural law are not matters of indifference. He also believes that the things that are derived as conclusions from the general principles of natural law are in direct association with natural law (Thomas, Dyson, 1954). This makes him conclude that some things associated with human law are in no way associated with natural law.
Accordingly, the philosopher believes that the laws of nature are universal to everybody. It applies to the entire human race and every man has a duty to conform to the will of the creator and should be guided by reason. Aquinas believes that natural law is immutable because it is founded on the very nature of man and his destination to the end. Aquinas asserts that, for some things to originate from natural law it is possible to assign some reason but it is not possible to assign a reason for every law that comes from God. He believes that natural law is different from legal justice (St.Thomas, 1947). Human law is concerned with the things that are purely enacted by law in a purely conventional sense. Aquinas is of the idea that though natural law is absolute and binding they often lack specificity. For instance, he cites that vehicles moving in the opposite direction should drive on opposite side of the highway but it does not give the stipulation whether the vehicles should be on the right or left. This results to indifference giving room to human convention.
It is worth concluding that Aquinas has a strong stand that not every human positive law has the nature of law. However, he expresses his opinion that some of the human positive laws are derived from natural law. The understanding that is brought forward by natural law orientates every person towards a shared common agenda for peace and tranquility in the society. Remarkably, natural law is what derives any another peace of legal legislations. It does this pursuit to provide extended horizons of capacity in all the sediments that sum up to a common agenda of human law. Guided by his legal presupposition therefore, the society would ultimately be left at a state of civil realm with prevailing peace and harmony amongst all.
