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Philosophy of law
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PHILOSOPHY OF LAW 9-2-03 · Both Aquinas and Aristotle believe that humans act with a particular end in mind · To move you need memory? (Clams) Unless you are hard wired as to the way to get to an end you have choices. Aquinas thought there were choices… · These choices are what Aquinas calls reason Science = true knowledge obtained from reasoning Practical reasoning is reasoning from an end. I.e. I want to go X. Conclusion is judgment of what you can do now? Function of practical reason is to determine the means to achieve an end ASSIGNMENT #2 1. Humans are social b/c we can’t survive on our own. We are born dependent – we need each other to survive Rational resistance to just authority 2. We need a community to flourish, community needs an ongoing principle – that to him is a political forum 3. Humans are social and political; political can be just and unjust. All of this is aimed towards and end – this is a human characteristic – a polity is also aimed towards an end What makes a political end just or unjust? - If the ruler of a multitude of free men is the common good of the multitude, the rulership will be right and just - If the rulership is aimed at the private good of the ruler, it will be unjust One unjust ruler = tyrant - Unjust gov carried on by several is an oligarchy (Rule of the rich) - Bad government led by the multitude is democracy A polity is equal to our democracy (Gov administered by many) Aristocracy – gov ruled by few men of virtue – the few men are the optimates Aquinas, Aristotle and Plato call a government with the aim of achieving the good of the rules, not a real government · Family needs a village · Distribution of labor in villages/cities free up leisure time. This enables cultural, academic etc… advancement o This is why Aquinas thinks a city is a perfect community NOTE: Temporal law is to provide resources so everyone can survive ---------------------------- End of letter to king ----------------------------------------------------- Is HL inconsistent with morality? - Begins treatise with a definition of law QUESTION 90 – OF THE ESSENCE OF LAW This is the only time Aquinas gives a definition 1. Whether law is something pertaining to reason à Acts as a vehicle for which the choice is made à Reason is the organizational principle that makes law and not violence à The end of law is the common good (final cause) à Who makes the law?
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