6. Let’s talk about Aquinas. Why is he so important?

How does he define natural law and where does he put it in the bigger
picture?

St. Thomas Aquinas’ most significant philosophical achievement is his successful integration of Christian theology
and Greek, Aristotelian philosophy.

Law as defined by St. Thomas

- is an ordinance of reason for common good, made by him who has care of the community, and promulgated

4 kinds of law as enumerated by St. Thomas:

- Eternal Law
- Natural Law
- Human Law
- Divine Law

I. Eternal Law
- The whole community of the universe is governed by Divine Reason.
- Also called as “the Divine Reason’s conception of things”

II. Natural Law

- Man is a rational creature.
- Natural Law is a rule of reason, promulgated by God in man’s nature, whereby man can discern how he should act
because God instilled it into man’s mind as to be known by him naturally.
- Final end of man : eternal happiness with God in heaven.
- Good is to be done and pursued, and evil is to be avoided.

5 basic inclinations of man - are put to into human nature by God to help achieve his final end of eternal happiness.
1. To seek the good, including his highest good, which is eternal happiness with God
2. To preserve himself in existence
3. To preserve the species - that is, to unite sexually
4. To live in the community with other men
5. To use his intellect and will - that is, to know the truth and make his own decisions

Moral Virtues
- are about matters that are ordered to God as their end. And religion approaches nearer to God than the other
moral virtues, in so far as its actions are directly and immediately ordered to the honor of God. Hence, religion
excels among the moral virtues.

Homosexuality
- not considered sinful although it is stigmatised by St. Thomas as the “unnatural crime”
- Reason as to why it is not sinful: people can sometimes be in error of their perception of the natural law and this
may reduce or eliminate their subjective culpability

III. Human Law

- That the human reason needs to proceed to the more particular determination of certain matters. These particular
determinations, devised by human reason, are called human laws.

IV. Divine Law

- The revelation in the Old and New Testament

● 4 reasons as to why it is necessary to have Divine Law for the directing of human conduct:
1. Since man is ordained to and end of eternal happiness with God, it is necessary that man should be directed to his
end by law given by God.
2. Because of uncertainty of human judgment, especially on contingent and particular matters, different people form
different judgements on human acts; whence, also different and contrary in result. In order that man may know
without doubt what he ought to do and what he ought to avoid, it was necessary for man to be directed in his
proper acts by a law given by God, for it is certain that such law cannot err.
 - Basically, human judgment is uncertain so there’s a need for divine law. Because Divine law was given
by God and it cannot be wrong.
3. Because man can make laws in those matters he is competent to judge but not competent to judge interior
movements that are hidden but only exterior acts which appear

4. Because human law cannot punish or forbid all evil deeds. In order that no evil might remain unforbidden and
unpunished, it is necessary for Divine law to intervene, where all sins are forbidden.

7. Is the natural law same for everybody? Does everybody know what it requires? Can it be changed?

● Natural law cannot be changed in its essentials. St. Thomas affirmed that the natural law does NOT vary according
to time, but remains unchangeable.
● However, St. Thomas distinguished addition to natural law from subtraction from it. “Nothing hinders the natural
law from being changed by way of addition.” However, “by way of subtraction, so that the previously was according
to the natural law, ceases to be so”, the natural law the natural law is altogether unchangeable in its first
principles.
● Natural law is changeless in the sense that its precepts cannot be upset or destroyed. It can be changed by
extension, by new applications, as experience brings new situations and circumstances.
● CONCLUSION: Natural law provides an objective, knowable standard that is as old as human nature but ever
adaptable to new and changing situations.
Example: When one borrows a target pistol from other, one is bound in justice to return it. However, with one’s knowledge
that the pistol will be used in commission of murder, the ordinary obligation to return a borrowed item no longer applies.

8. How does the law enacted by the state - the human law - relate to the natural law?

● Human law, an integral part of God’s plan, is designed to promote the common good and help maintain his highest
end of happiness with God.
● Human law is not some arbitrary imposition, but as a rule of reason for common good, it is itself, along with the
natural and divine laws, part of God’s design.

● 2 functions of Natural Law with respect to Human Law:

1. In its constructive function, natural law provides a guide for the formulation of laws to promote the common good.
This constructive function includes the limitation that the human law should not attempt to prohibit every vice or
enforce every virtue.
2. The protective function of natural law provides a shield against laws that violate the natural law. This involves
criticism of the human law. Its primary effect is to protect the rights of the people. In this function, natural law
provides a basis for drawing the line and criticizing an act of the state as unjust and void.