Natural Law and Justice According to Thomas Aquinas
Artwork: Hercules Delirious
Seneca focuses on the first century, Cordoba, public office, minister of Nero, and his Contxa. Depressing = been a lot of corruption, despotism public office is a mass of people inevitable. La corrupta. Para se.la evil in men can not attribute human misery is extirpar.la univers. Propone change the civic virtues soci.defendiendo: compas°, charity, kindness, caring form tolerancia. Estas virtues, says that man is corrupted when creating private property, the home of corruption is something private artificial. Propiedad = germ social. El conflict government is necessary to remedy the evil of the hombres. El d° is a necessity for coexistence between people, the right in this sense is a remedy for certain males. En an ideal society would not be necessary derecho. La illegitimate coercion in this case.
Parent the Catholic Church:
San Ambrosio, St. Augustine, Augustine of Hippo and St. Gregory: importance of Christianity in Europe is in the first century because it will have great influence on these theoretical and today.
Ideas of Christianity
- There is one God who created all that exists.
- God became man-ago-2009 años.
- Every man is called to love God above all things and your neighbor as yourself.
Two of these ideas are shared by Judaism and Islam (the 1 and 3). There are 4 implications for the consequences of these ideas is to defend the equality of all people, Secondly we defend the freedom of all people: Thirdly we look at the defense of the solidarity of all fourth ciudadanos. En highlights the defense of secularism in the state.
Thomas Aquinas
Author of the early thirteenth century was born in Italy, a professor at the University of Paris, is an author who makes a fusion between the best of Aristotelianism and Christianity, this is because many of the ideas proposed by this author is influence in Arizona.
1. What is natural law?
There are theoretical principles of law and principles of law práctica. El first principle is that of reason, we can not affirm and deny both the same thing. It is the condition that our judgments are summarized sentido. El second principle that good to be done and evil avoided, this implies that the right order to do good and avoid harm to other principles otro. El derived from the first principle of natural law. That in the legal field: you have to do it right and avoid what they injusto. Todo man is naturally inclined reason apprehends as good, and therefore as something to be done. We can derive from the experience of that inclination certain legal rights of individuals, like life, that is good and so in the constitutions say that everyone is entitled to the Third LIFE. We tend toward the private property of our nature rational, for example the natural tendency to learn the truth.
2. What is justice for Aquinas?
Justice is the constant will to give every one his right, is the proper adjustment of actions between human beings existen. La justice does not happen spontaneously, but needs of some adjustment. He argues that moral and religious must be out of legal regulation.
4. Does the natural law and positive law are the same?
No. Natural law principles of natural law and positive law is the true law, with its legal implications. Natural law is, general, universal and formal. And the positive law is: concrete, historical, particular. The positive law is essential and necessary, because we need to particularize reason and punish specific laws.
5. Do you need the right?
Rebels are individuals (unlike other radical authors say that all humans are selfish by nature) is therefore necessary allure of evil by force, ie remove them from crime.
The law is not just does not seem to be law?
Refers to the film of the Nuremberg trials, in which the Nazis were acting under the law in force at that time.
7. Because there are different rules in each society?
The principles are the same for all societies, but can not be applied equally to all, given the variety of humans.
8. Does the law should be compelled to do all the virtues to the people and punish vice?
The law does not forbid all vices, should prohibit what hurts others, without the prohibition of which human society could not subsistir. Existe the legal principle Basic does not harm the other. This is a principle that serves to distinguish the moral from the legal.
9. When legal rules are unfair?
The laws are just on the basis of 3 criteria:
- Because of the order, be fair when they pursue the common good.
- Because of the author, ie the law does not exceed the powers of those who approve. If the parliament approved a law allowing the police kick in your door and entering without a warrant, if I did that Parliament would be overdoing it.
- Because of the way, ie the law should equally share the burden proporcional.
10. Why change the rules of law?
For two reasons:
- Change in reason.
- By changing human conditions.
1.- The ratio is changing, refinement, improvement, why societies change: at first have imperfect standards, which are then replaced by other dereogadas and always for the good común. 2.- Natural law consists of universal principles But the positive legal rule governs cases that occur without warning, meaning that deviate from normal. Laws must be changed when you discover something better available. About particular things, we can only achieve experience through time, so as time goes by we learn to regulate new forms.