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Overview
"Treatise on Law" is a collection of essays by Saint Thomas Aquinas, drawn from his most significant work, "Summa Theologica". The impact of Aquinas on Western law and ethics cannot be overstated. The venerated Dominican Friar and Catholic priest was an important Doctor of the Church during the 13th century and his writings on theology and philosophy have shaped church doctrine and Western political theory for centuries. Aquinas argued that all laws made by man must be measured against Divine Law, or the plan by God for humanity. Only those laws consistent with God's command to love thy neighbors as thyself and to love God above all others are truly just laws. All morality flows from this Divine Law and whether something is ethical may only be judged by its action or effect. Aquinas argued that the cardinal virtues of justice, fortitude, prudence, and temperance are ordained by God and these principles must guide all just political and legal systems. "Treatise on Law" brings together some of Aquinas' most influential ideas in one volume so that their impact on our moral and legal systems may be better understood. This edition is printed on premium acid-free paper.
Product Details
| ISBN-13: | 9781420981544 |
|---|---|
| Publisher: | Digireads.com |
| Publication date: | 12/19/2022 |
| Pages: | 238 |
| Product dimensions: | 5.50(w) x 8.50(h) x 0.54(d) |
About the Author
Table of Contents
| Preface | ix | |
| Note on the Tex | x | |
| Biblical Abbreviations | xi | |
| Other Abbreviations | xii | |
| Introduction | xiii | |
| Works Cited by Aquinas | xxiv | |
| Authors Cited by Aquinas | xxvi | |
| ST I-II | 1 | |
| Q. 90 | On the Essence of Law | 1 |
| A. 1. | Does Law Belong to Reason? | 1 |
| A. 2. | Is Law Always Ordained for the Common Good? | 2 |
| A. 3. | Is Any Person's Reason Competent to Make Law? | 4 |
| A. 4. | Is Promulgation an Essential Component of Law? | 5 |
| Q. 91 | On Different Kinds of Law | 7 |
| A. 1. | Is There an Eternal Law? | 7 |
| A. 2. | Is There a Natural Law in Us? | 8 |
| A. 3. | Are There Human Laws? | 9 |
| A. 4. | Did Human Beings Need a Divine Law? | 11 |
| A. 5. | Is There Only One Divine Law? | 13 |
| A. 6. | Is There a Law of Concupiscence? | 15 |
| Q. 92 | On the Effects of Law | 18 |
| A. 1. | Is the Effect of Law to Make Human Beings Good? | 18 |
| A. 2. | Do We Suitably Designate Legal Acts? | 20 |
| Q. 93 | On the Eternal Law | 22 |
| A. 1. | Is the Eternal Law a Supreme Plan in God? | 22 |
| A. 2. | Do All Know the Eternal Law? | 24 |
| A. 3. | Is Every Law Derived from the Eternal Law? | 25 |
| A. 4. | Are Necessary and Eternal Things Subject to the Eternal Law? | 27 |
| A. 5. | Are Contingent Natural Things Subject to the Eternal Law? | 28 |
| A. 6. | Are All Human Affairs Subject to the Eternal Law? | 30 |
| Q. 94 | On the Natural Law | 33 |
| A. 1. | Is the Natural Law a Habit? | 33 |
| A. 2. | Does the Natural Law Include Several Precepts or Only One? | 34 |
| A. 3. | Do All Virtuous Acts Belong to the Natural Law? | 37 |
| A. 4. | Is the Natural Law the Same for All Human Beings? | 38 |
| A. 5. | Can the Natural Law Vary? | 41 |
| A. 6. | Can the Natural Law Be Excised from the Hearts of Human Beings? | 42 |
| Q. 95 | On Human Law | 44 |
| A. 1. | Was It Beneficial That Human Beings Establish Laws? | 44 |
| A. 2. | Is Every Human Law Derived from the Natural Law? | 46 |
| A. 3. | Does Isidore Appropriately Describe the Characteristics of Positive Law? | 48 |
| A. 4. | Does Isidore Appropriately Designate Kinds of Human Law? | 49 |
| Q. 96 | On the Power of Human Laws | 52 |
| A. 1. | Should Human Laws Be Framed in Particular Rather Than General Terms? | 52 |
| A. 2. | Does It Belong to Human Laws to Prohibit All Vices? | 53 |
| A. 3. | Do Human Laws Command Every Virtuous Action? | 55 |
| A. 4. | Does Human Law Impose Obligation on Human Beings in the Court of Conscience? | 56 |
| A. 5. | Is Everyone Subject to the Law? | 58 |
| A. 6. | Are Those Subject to the Law Permitted to Act Contrary to the Letter of the Law? | 60 |
| Q. 97 | On Revision of Laws | 63 |
| A. 1. | Should Human Law Be Revised in Any Way? | 63 |
| A. 2. | Should Human Laws Always Be Revised for Something Better? | 64 |
| A. 3. | Can Customs Obtain the Force of Law? | 65 |
| A. 4. | Can the People's Rulers Dispense Subjects from Human Laws? | 67 |
| QQ. 98-108 | Note | 70 |
| Q. 100 | On the Moral Precepts of the Old Law | 70 |
| A. 1. | Do All the Moral Precepts of the Old Law Belong to the Natural Law? | 70 |
| A. 2. | Do the Moral Precepts of the Old Law Concern All Virtuous Acts? | 72 |
| A. 3. | Do We Trace All the Moral Precepts of the Old Law to the Ten Commandments? | 73 |
| A. 8. | Can Human Beings Be Dispensed from the Commandments of the Decalogue? | 75 |
| A. 9. | Does the Way of Virtue Fall under Command of the Law? | 78 |
| A. 10. | Does the Way of Charity Fall under Command of the Divine Law? | 80 |
| A. 11. | Do We Appropriately Mark Out Other Moral Precepts of the Law besides the Decalogue? | 82 |
| A. 12. | Did the Moral Precepts of the Old Law Make Human Beings Just? | 85 |
| Q. 105 | On the Reason for Precepts Governing the Administration of Justice | 88 |
| A. 1. | Did the Old Law Ordain Fitting Precepts Regarding Rulers? | 88 |
| Glossary | 92 | |
| Select Bibliography | 97 | |
| Index | 101 |