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Thomas Aquinas’ Natural Law Theory: A Standard For Human Positive Law
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1.2- Purpose of the Study:
Many philosophers of
different epochs have philosophized on law and its applicability to the
human society. Correspondingly, some of them dealt with the law of
nature or the law of reason, which Thomas Aquinas referred to as Natural
law. Some of such philosophers include Plato, Aristotle, the Stoics,
and St Augustine etc.
However the purpose of this study is to expose
and analyze St. Thomas Aquinas’ Natural Law theory. This will take us
into viewing natural law as the basis as well as the standard with which
human positive law is measured.
1.3- Statement of the Problem:
Law
is no doubt viewed in relation with morality. Again every society has
one system of law or the other. Yet our society today is witnessing some
legal and moral disorder; some laws that are in existence today have no
bearing on morality any longer. This makes one to question the link
between law and morality. What makes morality to be? Is it the law? If
it is the law, then, there is nothing wrong with the decline in morality
in some societies. This is because there are a number of issues that
are not touched by the law. For instance, in some societies abortion and
all forms of unnatural sexual relations are legalized. These are but
few instances of unjust laws that are in human society today. Is that to
say that morality changes with a change in human law? When do we obey
and when do we not obey human law?
Consequently, this work is an
attempt to find a solution to the above-mentioned problem. We are
therefore hopeful that this exposition and analysis of Aquinas’ Natural
law theory will help us appreciate the natural law as a true foundation
and standard for human laws. According to Aquinas, every law derives
from natural law.
1.4 Scope of Work:
Morality has to
do with good living and good living is the objective of law.
Unfortunately, certain laws seem to deviate from the purpose of law. For
Aquinas, every law must necessarily derive from the natural law for it
to be just. And for Augustine, any law that deviates from natural law is
no law.
As it were, Aquinas dealt with many philosophical issues,
among which is his concept of law. However, this work is not to deal
with his concept of law in general but fundamentally on his natural law
theory.
This work is to particularize the natural law as a way of
providing a yardstick with which human law is measured. This is geared
towards finding a panacea for the promulgation of unjust laws, which is
caused by deviations of human laws from the principles of the natural
law.
1.5 Methodology:
This work is both expository and
analytic. It is expository in the sense that it exposes the tenets of
Aquinas Natural law theory. On the other hand, it is analytic in that it
involves an analysis of the natural law in order to present it as the
basis of human law.
1.6 Division of Work:
This excursus is divided
into five chapters. Chapter one contains the general introduction, a
short profile of Thomas Aquinas, the purpose of the study, the statement
of the problem, the scope of work, methodology and division of work.
Chapter two presents some philosophers’ view on the natural law. Chapter
three dwells on Aquinas notion of law but most especially on his
Natural law theory and its properties. Chapter four presents the natural
law as the standard for human positive law. Here we talk of the natural
law and just and unjust human law, when civil disobedience is
justifiable and then the distinction between morality and legality of
law all to show that the natural law remains the basis of human positive
law come what may. Finally, chapter five recapitulates the entire study
by way of evaluation and conclusion.
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