Definition of Law

"Law is an ordinance of reason for the common good, decreed by the authorities in charge of the community." (St. Thomas Aquinas, ST I-II, Q.90, A.4)

Definition of Natural Law

The natural law is a participation in the wisdom and goodness of God by the human person, formed in the image of the Creator. The natural law expresses the dignity of the person and forms the basis of human rights and fundamental duties.

Aquinas on Content of Natural Law ST I-II, Q.94, A.2

"The rational creature is provident for itself and others; it has a share of eternal reason, whereby it has a natural inclination to its proper act and end; and this participation of the eternal law in rational creatures is called the natural law... The first principle in the practical reason is founded on the nature of the good; hence this is the first precept of law: good is to be done and promoted and evil is to be avoided. All other precepts of the natural law are based upon this; so that all the things which practical reason naturally apprehends as man's good belong to the precepts of natural law under the form of things to be done or avoided; all those things to which man has a natural inclination are naturally apprehended by reason as being good, and objects of pursuit, and their contraries as evil, and objects of avoidance." Thomas Aquinas 1225-1274

Human Inclination Intrinsic Good Institution Negative Positive
Happiness = Knowledge and Love of the Highest Good (as Union with the Divine) God; Religion Churches No blasphemy, desecration Honor and love of God; reverence, gratitude
Autonomy Practical Reasonableness; Virtue Judiciary; Constitutional Rights and Freedoms Shun vices Cultivate the virtues with prudence and practical wisdom
Association Friendship Government; Intermediate Associations No force or fraud in dealing with others Patriotism, loyalty, charity, fairness, justice
Procreation; Union Children; Love Marriage & Family Prohibition of
- premarital sex
- divorce
- contraception
- Fidelity
- Care and Education of children
- Honor father and mother
- Respect for the body
Aesthetic Experience Beauty Fine Arts, Artworks; Museums, Galleries, Theatres Do not seek only technical efficiency Cultivate leisure and contemplation
Play and Performance Physical Excellence Sporting Competitions; Performing Arts; Awards Ceremonies Do not be unsporting Promote courage and healthy competition
Desire to Know; Curiosity; Wonder Truth Schools Shun ignorance; do not lie, bear false witness Educate and perfect the mind; develop arts and sciences
Preservation of Life Life, Health Hospitals; medical profession Do not murder; do not steal Always take care to preserve health and life (e.g., preserve access to food and water); moderation

Aquinas on law Maritain Natural Law

CMP

Scholasticism Confronts Illiberalism