2107 Course Short Essay: Why and What Law
Introduction
With reference to the state of war suggested by Thomas Hobbes, the existence of law is to restrict people and function as a routine for the people inside a state. However, there are hundreds of thousands of question about law, for instance, why there is the law, why should people follow the law, what kinds of law people should follow and so on. These questions are very difficult to answer but Summa Theologica by Thomas Aquinas answered the above well-asked question with the explanation of his philosophy.
Summary of Aquinas’ Ideas
Thomas Aquinas defines law as “a certain rule and measure of acts whereby man is induced to act or is restrained from acting”. He stressed that there are correlation …show more content…
People are prohibited to kill and harm anyone for not to trespass the natural law, the common good and virtue. On the other hand, soldiers have the right to kill on the battlefield so that common goods can be served for the nation. However, they are illegal to kill everyone but with particular targets only. What’s more, they ought to follow the international law of the rule of engagement, otherwise, war crime will be on top of1 their head.
The above examples have explained the effect of situations on law and the idea of hierarchy of law.
Conclusion
To conclude, Thomas Aquinas philosophy of law is enlightening. He has pointed out that law is to guide people to the goodness and to avoid them going to evils by rule and measure. He also believed in the hierarchy of law which comprises four kinds of laws, eternal, natural, divine and human law. All of the laws are guiding human to virtue.
References
1. Aquinas, T. Summa Theologica. Thomas Aquinas – Treatise on Law, translated by Richard J. Regan, (Indianapolis: Hackett Publishing Company, 2000).
2. Hobbes, T. (1651). Leviathan. Revised Edition, eds. A.P. Martinich and Brian Battiste. Peterborough, ON: Broadview Press,
Introduction
With reference to the state of war suggested by Thomas Hobbes, the existence of law is to restrict people and function as a routine for the people inside a state. However, there are hundreds of thousands of question about law, for instance, why there is the law, why should people follow the law, what kinds of law people should follow and so on. These questions are very difficult to answer but Summa Theologica by Thomas Aquinas answered the above well-asked question with the explanation of his philosophy.
Summary of Aquinas’ Ideas
Thomas Aquinas defines law as “a certain rule and measure of acts whereby man is induced to act or is restrained from acting”. He stressed that there are correlation …show more content…
People are prohibited to kill and harm anyone for not to trespass the natural law, the common good and virtue. On the other hand, soldiers have the right to kill on the battlefield so that common goods can be served for the nation. However, they are illegal to kill everyone but with particular targets only. What’s more, they ought to follow the international law of the rule of engagement, otherwise, war crime will be on top of1 their head.
The above examples have explained the effect of situations on law and the idea of hierarchy of law.
Conclusion
To conclude, Thomas Aquinas philosophy of law is enlightening. He has pointed out that law is to guide people to the goodness and to avoid them going to evils by rule and measure. He also believed in the hierarchy of law which comprises four kinds of laws, eternal, natural, divine and human law. All of the laws are guiding human to virtue.
References
1. Aquinas, T. Summa Theologica. Thomas Aquinas – Treatise on Law, translated by Richard J. Regan, (Indianapolis: Hackett Publishing Company, 2000).
2. Hobbes, T. (1651). Leviathan. Revised Edition, eds. A.P. Martinich and Brian Battiste. Peterborough, ON: Broadview Press,