The Interpretation of the Educative Power of Law in the Philosophy of Thomas Aquinas
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Abstract
The educational concept of law is insufficiently discussed in the Lithuanian jurisprudential and pedagogic literature.
Therefore the author of this article focuses her attention on the educational aspect of law as it is presented in Thomas Aquinas‘ theory of law, in which law is generally defined as „nothing else than an ordinance of reason for the common good, made by him who has care of hte community, and promulgated“ (S.Th. I-II, q.90, a. 4). There are five types of law: eternal, natural, divine, human and a law in the fomes of sin (S.Th. I-II, q.91). This classification reflects the hierarchical structure of the universe created and ruled by God. The Creator is the first cause which emanates and creates everything: intelligences (angels), heavenly bodies, the earth, minerals, plants, animals and human beings. All creatures are directed to good by various types of participation in them of the eternal law. The participation of the eternal law in the rational creature is called the natural law. Human law is intended to repress the most dangerous for the well being of community vices, to grant the distributional justice, to educate citizens and to direct their activities to the common good. The human law, which corresponds to natural and divine law, binds a man in conscience.
Relying on the Aristotelian definition of good as that at which all things aim, T. Aquinas underlines the dynamism of the good, which realizes itself as the final cause. This way the conclusion that people, while understanding the laws of the world and participating in its structure, aims at the ends, the foundation of which is the common good. Therefore the common good has to be the end of law. The good is not a simple sum of particular goods; it is the good of the universe and the source of all particular goods. Since people act with particular goods, a legislator, according to T. Aquinas, has to pay attention to the hierarchy of goods; for „the individual good is impossible without the common good of family, state, or kingdom.
[...] Since man is a part of the home and state, he must needs consider what is good for him by being prudent about the good of the many“ (S.Th. II-II, q.47, a. 10, ad 2). From this point T. Aquinas describes society as the system of ends and purposes, within which citizens participating in the mutual exchanging of services establish social relations. For the good functioning of such a system there is the need in the governing body, which would rule prudently the life of state and, relay- ing on reason and moral virtues, would issue the just laws, taking care of the safety of citizens and granting the just distribution of common social goods. Thus the concept of common good in the system of T. Aquinas, according to the Polish theologian Jacek Salij OP, has moral consequences, which gives the educational power to the human law. At the same time it gives the criteria of justice for the assessment of that law. These are actual problems of the contemporary policy of jurisprudence and education.
Therefore the author of this article focuses her attention on the educational aspect of law as it is presented in Thomas Aquinas‘ theory of law, in which law is generally defined as „nothing else than an ordinance of reason for the common good, made by him who has care of hte community, and promulgated“ (S.Th. I-II, q.90, a. 4). There are five types of law: eternal, natural, divine, human and a law in the fomes of sin (S.Th. I-II, q.91). This classification reflects the hierarchical structure of the universe created and ruled by God. The Creator is the first cause which emanates and creates everything: intelligences (angels), heavenly bodies, the earth, minerals, plants, animals and human beings. All creatures are directed to good by various types of participation in them of the eternal law. The participation of the eternal law in the rational creature is called the natural law. Human law is intended to repress the most dangerous for the well being of community vices, to grant the distributional justice, to educate citizens and to direct their activities to the common good. The human law, which corresponds to natural and divine law, binds a man in conscience.
Relying on the Aristotelian definition of good as that at which all things aim, T. Aquinas underlines the dynamism of the good, which realizes itself as the final cause. This way the conclusion that people, while understanding the laws of the world and participating in its structure, aims at the ends, the foundation of which is the common good. Therefore the common good has to be the end of law. The good is not a simple sum of particular goods; it is the good of the universe and the source of all particular goods. Since people act with particular goods, a legislator, according to T. Aquinas, has to pay attention to the hierarchy of goods; for „the individual good is impossible without the common good of family, state, or kingdom.
[...] Since man is a part of the home and state, he must needs consider what is good for him by being prudent about the good of the many“ (S.Th. II-II, q.47, a. 10, ad 2). From this point T. Aquinas describes society as the system of ends and purposes, within which citizens participating in the mutual exchanging of services establish social relations. For the good functioning of such a system there is the need in the governing body, which would rule prudently the life of state and, relay- ing on reason and moral virtues, would issue the just laws, taking care of the safety of citizens and granting the just distribution of common social goods. Thus the concept of common good in the system of T. Aquinas, according to the Polish theologian Jacek Salij OP, has moral consequences, which gives the educational power to the human law. At the same time it gives the criteria of justice for the assessment of that law. These are actual problems of the contemporary policy of jurisprudence and education.
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