Building on the system of reason provided for by the Greek philosopher and specifically Aristotle, St. Thomas Aquinas built a comprehensive system and theory of natural law which has lasted through the ages. The theory was further developed in the Middle Ages and in the Enlightenment Ages by many a prominent philosopher and economist and has been recognized in the Modern Age. The natural law-theory and system has been repeatedly applied to the spheres of economic thought and (...) has produced many lasting contributions such as private property rights and individual rights. In recent times with the collapses of the financial system and rapid globalization, there has been a renewed interest in the application of natural law theory to economics to counter a certain anthropology and distortion of values created by a modern economic system of selfpreservation deriving its insights from the philosophies of Thomas Hobbes and Niccolo Machiavelli. (shrink)

This study constitutes an ethical analysis through the lens of distributive justice in the case of the Troubled Asset Relief Program (TARP), which was enacted in the midst of the Great Recession of 2007–2009. It begins by engaging with the visions of justice constructed by John Rawls and Robert Nozick, using their insights to locate the injustices of TARP according to their moral imaginations. However, this study argues that Rawls’ and Nozick’s theories of justice primarily envision the nature of law (...) as being restrictive of vice, not as instructors of virtue. Thus, it resources the legal philosophy of St. Thomas Aquinas to demonstrate how the positive pedagogy of law can enable a more just construction of economic rescue legislation, one that not only prevents future repetitions of economic vices and injustice, but is also formative for a society that prizes economic justice and virtues. In doing so, the study proposes two criteria for a more just consideration of economic rescue legislation that embraces law’s positive pedagogy. (shrink)

Economics claims to be an independent empirical social science but empirical evidence of the last century challenges this claim. By contrast Caritas in Veritate contains a set of linkages that demonstrate that economics is related to morals, anthropology and theology. Economics is practiced in a cultural setting with a moral dimension related to the human person, which is ultimately grounded in the nature of God. Pope Benedict has focused on love and gift as human qualities reflecting the Divine nature. The (...) anthropology that proceeds from this is a development of Pope John Paul II’s emphasis on human dignity and freedom. It suggests moral principles that can guide culture, social institutions and hence economic action. Pope Benedict uses his reflections on the social order to comment on the problems of development for less developed peoples, but his analysis also completes one theme of the social encyclicals. Whereas Pope Leo XIII concentrated on economic and political fundamentals such as property and political organization, subsequent contributions turned attention more towards the human actor in relationship to God. Pope John Paul II made this explicit by turning attention to anthropology. Pope Benedict has connected these and completed the vision initiated by his immediate predecessor. He has described more completely the grounding of anthropology on the family, culture and ultimately the Most Blessed Trinity. The encyclical can be read as an invitation to a broader methodology for economics, one that is better conformed to actual market actors and that has the capacity to overcome some of the contentious aspects of the current discipline. The groundwork has been established by thinkers including Aristotle and St. Thomas Aquinas and some of its elements are evident in the economic organisation of many non-modern cultures. (shrink)

Servais Pinckaers, in his most important work, The Sources of Christian Ethics, asks the provocative question: is the Moral Theology of St. Thomas Aquinas Christian or, alternatively, does Aquinas rely so much on the ethics of Aristotle that his teaching is merely philosophical? This paper presents an overview of Pinckaers’s answer to this question. His answer is important in that it addresses a common misinterpretation of St. Thomas, which is to overstress his Aristotelian influence and understate his reliance (...) on Scripture, the Fathers (especially Augustine), and the New Law of the Gospel. In this way Pinckaers forms part of a ressourcement in Thomistic studies that seeks to reaffirm the evangelical character of Aquinas’s work and its importance in the renewal of Moral Theology called for at Second Vatican Council. (shrink)

[Encyclopedia entry] Born in Italy in 1225, and despite a relatively short career that ended around 50 years later in 1274, Thomas Aquinas went on to become one of the most influential medieval thinkers on political and legal questions. Aquinas was educated at both Cologne and Paris, later taking up (after some controversy) a chair as regent master in theology at the University of Paris, where he taught during two separate periods (1256-1259, 1269-1272). In the intermediate period he helped (...) establish a studium for his Order in Rome, beginning work on the Summa Theologiae, the masterwork for which he is still well-known. Subsequent to an experience (traditionally, a vision) Aquinas had on the feast of St. Nicholas in 1273, Aquinas intentionally refrained from further work on that text, so that it remained incomplete at the time of his death a year later in 1274. Apart from his own contributions, the Thomistic school – including followers within and without the Dominican Order to which Aquinas belonged – has had profound and far-reaching influence upon the history of legal thought in the West. Many of the classical developments of Thomistic thought are written as commentaries on the Summa Theologiae (hereafter, ST), including the works of Tomasso de Vio (Cajetan) and those of Domingo Banez, Francisco de Vitoria, Bartholome de las Casas, and the other highly influential members of the School of Salamanca who are noteworthy for developing Aquinas’ political and legal thought in the 16th century. Specifically, the ways in which Aquinas synthesized classical political and legal themes around the law, morality, and the common good provided a touchstone for what has come to be called ‘natural law jurisprudence.’ Natural law thinkers, in short, appeal to objective facts about what is good for human beings, and the social or political nature of the kind of creatures that we are, as a standard against which we measure the legal and social institutions created by human institutions. What is crucial here is that facts about human beings as social animals constitute reasons for individuals and groups to act or be structured in certain ways, such that ‘nature’ is the proper source for jurisprudential and political principles. (shrink)

PHILOSOPHY OF HUMAN RIGHTS: HUMAN RIGHTS IN LIGHT OF THEIR INTERNATIONAL PROTECTION Summary The book consists of two main parts: in the first, on the basis of an analysis of international law, elements of the contemporary conception of human rights and its positive legal protection are identified; in the second - in light of the first part -a philosophical theory of law based on the tradition leading from Plato, Aristotle, and St. Thomas Aquinas is constructed. The conclusion contains an (...) application of the results of the analysis conducted in the second part. The first part comprises four chapters. The first aims at revealing characteristics of human rights on the basis of an analysis of historical conditioning of the inter-national law of human rights and its development. The historical context displays the practical, vindicative, and critical character of the positive legal protection of human rights. Moreover, the process of change of positive human rights law is distinguished from the process of change of human rights as such. In the second chapter the content of human rights - a topic which is only auxiliary to the conducted analysis - is discussed. Basic typology and catalogues of rights proclaimed in the Universal Declaration of Human Rights and protected in the International Covenants of Human Rights are presented. The review of the content of rights aims at a more precise limitation of the field of research. The examination shows a diversity of rights which poses a serious challenge to the coherence of every philosophical theory of human rights. In the third chapter, central in the first part, international law is analyzed with regard to the characteristics of rights and the foundations of them. The analysis of documents shows a number of solutions referring to the anthropological foundations of rights. The inherent dignity of the human person is the source of all human rights. Each human being is recognized as free, and endowed with both reason and conscience. In the propounded conception of man individuals are not rivals but create a community which is a condition for their development. International law characterizes the rights as universal, inherent, inalienable and inviolable. The reconstructed conception also comprises the following basic elements: on the level of the structure of rights, a recognition of their equality, interdependence, and comprehensiveness; in the grounding of these rights, a recognition of the anthropological foundations of law; in the conception of positive law, a recognition of the secondariness of the positive law of human rights to human rights themselves, and a recognition of human rights and justice as the basis for legal order; in the conception of state, a recognition of the well-being of the individual as the fundamental aim of actions undertaken by political institutions, and recogni¬tion of rights which form an impassable boundary to the power of the state, includ¬ing its legislative actions. The characterization of the international legal paradigm serving for the under¬standing of human rights is supplemented by analyses of the structure of their posi¬tive legal protection. Various meanings of the terms "right" and "freedom" are distinguished. Subjective right, as basic structure of the positive legal protection of human rights, is understood as a complex relation formed by various legal situations of the subject of a right which create a functional whole in respect of the subordi-nation of human person to its good. Subordinating person to a good proper for it, expressed usually in a proclamatory norm, is the central element of particular rights around which further elements aiming at the realization of this good are built. In the second part of the book a philosophical theory is developed which allows for the location of a coherent foundation for the presented characterization of human rights and their positive legal protection. This part consists of two chapters. The first includes a review of some - not entirely satisfactory - means of founding of human rights; the second presents philosophical conceptions of law and man which may form a basis for the constructed theory. The review of arguments contained in the first chapter does not aim at a detailed analysis of various specific ways of argumentation encountered in works on this subject but rather at a concise presentation of the main possible lines of argumentation. These analyses also serve to emphasize the positive solutions which are pro¬posed later and to underscore the explanatory power of the elaborated theory. This theory, retaining accurate intuitions contained in the presented types of argumenta¬tion, helps in avoiding their consequences which are difficult to reconcile with the reconstructed paradigm of human rights. Efforts to base human rights on the norms of international law rightly take into account the necessity of determining the content of the rights and their positive legal protection as a means for the realization of man's good. These attempts, how¬ever, do not properly take into account the inherent character of human rights, which are independent of positive law and provide grounds for applying specific legislative measures and not others. Founding human rights on freedom accurately points at the freedom of an indi¬vidual as a constitutive element of some rights; however, absolutization of freedom leads, to a loss of an important element of the contemporary paradigm of under¬standing human rights. This foundation undermines recognition of the fact that human rights may set limits to both the freedom of others and the freedom of the subject of rights itself. Additionally, attempts at the so-called axiological justification of human rights are discussed. This type of justification has a few variants depending on the as¬sumed conception of value. Subjectivistic conceptions have similar advantages and disadvantages to the conceptions basing human rights on freedom; objectivistic conceptions while providing for the universality of human rights place, the fundamental aim of human rights protection beyond the individual human being - in the idealistically existing world of values; finally, conceptions rooting values and human rights in culture, while accurately noting that human rights are learned through the medium of culture, place the source of human rights beyond a concrete individual - in culture and processes which take place in it - which leads to difficulties in finding a basis for the universality of rights. Furthermore, attempts to ground human rights in specific characteristics of the human being are presented. This type of approach points to an important problem of dependence of the content of rights on what man is. However, recognition of specific characteristics of a human being as an ontic foundation of the existence of rights poses a danger to their universality since one has to accept that it is not enough to be a man to be a subject of rights, but a man possessing specific charac¬teristics. The second chapter aims at outlining solutions worked out by Saint Thomas Aquinas. For a fuller understanding of his propositions selected elements of Plato's and Aristotle's philosophy are presented. It was them who formulated the founda¬tions for reflection on law and justice in the ontological context. A qualification is made that Stoicism is not be analysed in depth. Although Thomas' concept of law was undoubtedly developed under the influence of the Stoic doctrine as well, it is not in this that one should look for the tools to understand the ontic foundations of human rights and law in general since the Stoic moral philosophy and philosophy of law were developed in the context of a theory of being which assumed monistic and pantheistic premises as foundations, leading to the recognition of a total subor¬dination of the human individual to a larger unity of which man is only a part. The analysis of Plato's and Aristotle's texts concentrates on problems of justice. Plato seems to be the first philosopher who reflected on the formula basic in the history of European thought: to render to each his due. It appears that justice as both a characteristic of man and his acts is understood in the perspective of that which is just, that which is a good for another man - the recipient of the act. The basis for determining what is just is the relation of correspondence between some¬one and something. While in the case of Plato this relation is based on something beyond its terms, namely on ideas, in the case of Aristotle the relation occurs on account of the elements of the relation itself. Something is just when it contributes to the develop¬ment of the recipient of an act realizing that which is just. At the same time, the realization of that which is just is a good for the agent. In the analysis of the just two types of relation are revealed: the relation of due-to-recipient occurring on account of the compatibility of that which is due, with the recipient of the act; and - a "superstructure" - a relation of obligation-of-subject occurring on account of the compatibility of the acting subject with the thing which should be done. The basis for being that which is due is formed by various potentialities of development of man - the recipient of agency; the basis of being that which is an obligation is the possibility of development of the subject of action. Aristotle distinguishes various types of freedom and points to the necessity of taking them into account in the discussion of justice. Among other things, as the core of man's freedom, he considers life for its own sake, which can be seen as his expression of the basic indices of the autotelic character of man - which is funda¬mental for later conceptions of dignity. The freedom which is described by him is not, however, inherent and inalienable; being free is conditioned by a factual possi¬bility of undertaking actions, which are not solely means to the realization of aims set by others. Thomas Aquinas takes over the Aristotelian research perspective both in his conception of man and of law. At the same time, however, he significantly enriches it. In anthropology he develops a conception of personal being. Drawing upon his distinction between existence ("that something is") and essence ("what something is"), he sees the basis for being a person in the dignity of personal being which is a certain way of existence of a rational being more perfect than that of non-personal beings. The person is a being which, by virtue of its act of existence, is individual¬ized in a specific way. It is an aim in itself. Expressing it in a negative way, one may say that it does not exist as a means for the realization of the aims of others and, in this sense, that it is free. As distinct from Aristotelian conclusions, being a person is not conditioned by the specific actions of a being. Dignity is inherent, based on that which is the foundation of the factual existence of every rational being. Although freedom requires that a being is rational, dignity still encompasses all being, all its properties and potentialities. Thus an act conforming with dignity has to take into account a whole human being. Among different types of that which is just, ius, the first place, from the point of view of understanding law, falls to "the just thing itself ("ipsa res justa"), which is right in the full meaning of the word. On the one hand, it is that which is due; on the other hand, it determines the way of acting in the utmost degree, since the course of every act is determined in the fullest extent by its aim. The content of ius may be determined both by elements independent of free decisions - ius naturale - and by free decisions taking into account the state of things - ius positivum. Recognition of the objective structure of being as the basis of law does not entail that it is possible or desirable to determine unequivocally "the only right" patterns of conduct. This concept is very well justified within the system proposed by Saint Thomas. Individualization of being is a significant element of the develop¬ment of a person as a person. It is attained by the realization of individual aims which are not unequivocally determined by circumstances and the nature common to all people. By virtue of free choices made in the sphere of that which is not by its nature unjust, the object of action becomes ius. Since in the realization of the person the individualization of human being is central, Aquinas clearly sees the need for the protection of the sphere of "dominion of will". This sphere itself constitutes ius naturale, something which is due to man independently of the acts of will. Therefore "law should forbid nothing which is not unjust" ("nihil debet lege prohiberi quod licite fieri potest", In 3 Sent., dist. 40, q. I, a. 1, 3). Besides the relation of due-to-recipient, ius also includes the relation of obligation-of-subject which is superimposed on the relation of due-to-recipient. As far as the ontic foundations of obligation are concerned, in explaining why man is subordinated to realization of the good of others, Aquinas generally follows Aristotle in accepting that this basis is the subordination to moral good - to actions conforming with the learned truth about reality. Aquinas' systemic solutions allow, however, to reach deeper and understand why moral development is also a development of the whole human being. This was difficult within Aristotle's system, since he was reluc¬tant to decide whether precedence should be given to intellectual or moral develop¬ment. The inclination to realise good of another appears to be a transcendental characteristic of being, based on its very existence. Morality understood as rational and free subordination to realize the good of another is a specifically personal way of the realization of this inclination. Thus just actions contribute to the actualization of being in the aspect of its existence and therefore to the actualization of being as a whole. Thomas' conception of natural law (lex naturalis) as participation in eternal law (lex aeterna), offers possibilities for grasping that which is just as something which is basically accessible cognition, independently of Revelation and independently of faith in God, and at the same time as something based in eternal law, understood as a design of God's wisdom. Eternal law, embracing all particular actions, is not, from the human perspective, accessible cognition directly. It is enacted in the struc-ture of the created being and - in case of human beings - in free choices taking this structure into account. In the concluding remarks, the results obtained earlier are applied directly to the contemporary conception of human rights. Human rights are understood in the first place as "just things" - concrete goods of man; as that which is due because of subordination, based on dignity, to the personal development of man. That which is just is understood as a relational - actual or potential - state of things, which exists by virtue of existing relations. Evaluations referring to that which is right are true when respective relations of due-to-recipient take place; norms of conduct are true when respective relations of obligation-of-subject take place. Examples of the application of the sketched theory outside the field of human rights are also presented. Procedural consequences of the developed theory are shown, such as the discrimination of two types of legislative procedures which differ significantly in the structure of argumentation: the first aims at recognition of that which is just independently of the will of the legislator, and the second, at making individual or collective "projects" of development compatible. Finally the possibilities of applying the theory to the increasingly important problems of the protection of the environment and the "rights" of animals are mentioned. The central issue is a philosophical conception of man and his freedom and a conception of law. It is also indispensable to turn to a general theory of being. The search for a comprehensive theory of human rights requires attention to the Abso¬lute Being - God - as well. This is important for at least two reasons. First, a conception of the Absolute Being is integral to philosophy of the systemic type -of which the present book is a piece. A conception of the Absolute Being is signifi¬cant for understanding all being, including, first of all, man as a personal being. Second, every theory of human rights which does not comprise the problem of the Absolute may be questioned as to whether solutions adopted in it do not lead, in consequence, to eliminating God from the perspective of the understanding of law. It is desirable that a philosophical theory should deal with this problem directly. A theory which eliminates God from the perspective of the understanding of rights will be unacceptable for all those who, for philosophical reasons or relying on faith, consider God as the author of inherent rights. Nevertheless, a theoretical approach to rights from the perspective of the Absolute Being should only be a possible extension of a philosophical approach which bases rights on something which is cognizable independently of the acceptance of the existence of God so that the theory is also acceptable for those who reject the existence of God or suspend their judgment on this subject. The pursued theory should therefore contain, on the one hand, reference to natural, faith-independent foundations of human rights, but on the other hand, point to a possible extension accounting for the Absolute Being. The analyses contained in this chapter have undoubtedly some historical value since they are based on source texts. Nevertheless, the use of these texts and not critical works was dictated, first of all, by a conviction that analyses embrace a given theory in the aspect selected by the interests of the researcher. Therefore to find out what past thinkers say on the subject characterized in the first part it is simpler to reach to the sources than to adopt the existing critical works. The pre¬sented reconstruction of Aquinas' views on philosophy of law incorporates proposi¬tions of supplementing and developing some of the ideas undertaken by him. Obligation to act in this and not an other way arises because human actions are subordinated to the conformity, on the one hand, of aims realized by these actions and, on the one hand, the order of being determining that which is favourable to man or destroys him. The content of the order of being is, on the one hand, determined by the structure of being independent from man's will and, on the other, by free decisions of man. (shrink)

The author attempts to justify the thesis of the servient character of political power. By his analyses, he arrives at two conclusions. First, the ultimate goal of service fulfilled by political power should be identical with the natural goal of every human being, meaning a life of virtue. Hence, service to the cause of the citizens’ virtue requires that the fundamental duties of power include the protection of public peace, the promotion of actions towards the common good, and striving (...) for a common abundance of worldly possessions. Second, to elect those in political power it is necessary to make sure that aspirants to such are characterized by the appropriate level of virtuous development. Each candidate should be first and foremost a person possessing a high moral quality (virtus boni viri), where prudence and magnanimity appear to be virtues especially fitting power (virtutes boni principis). (shrink)

This article provides an analysis of how the philosophy of Aristotle and St. Thomas Aquinas, particularly their treatment of the "Problem of the One and the Many," can help inform Sam Harris's attempt to ground ethics in the empirical sciences in his 2010 book The Moral Landscape: How Science Can Determine Human Values. -/- The paper shows how Aristotle and Aquinas's thought can: • Explaining how the sciences are organized and why they will not produce multiple, competing measures of (...) goodness and well-being; • Resolving the “moral paradoxes” that Harris finds himself unable to find a solution to, by demonstrating how the human good essentially involves a “common good,” and how goodness always relates to the whole; • Providing us with a better explanation for why selfless behavior is good and why it is “good for us” to be virtuous; • Providing Harris with a better definition of freedom as self-determination; and • Showing how neither a recognition that the sciences must play a major role in ethics, nor naturalistic explanations of human behavior, need to preclude our orientation towards a transcendent good. (shrink)

ABSTRACT: David Braybrooke argues that the core of the natural law theory of Thomas Aquinas survived in the work of Hobbes, Locke, Hume, and Rousseau. Much to my surprise, Braybrooke argues as well that David Copp’s society-centered moral theory is a secular version of this same natural law theory. Braybrooke makes a good case that there is an important idea about morality that is shared by the great philosophers in his group and that this idea is (...) also found in Copp’s work. The idea is captured by the Functionalist Thesis, the thesis that moral propositions are made true by facts about what, given the nature of human beings and their circumstances, enables people to live together in thriving communities. I argue that Copp can accept Braybrooke’s suggestion and use it to improve his formulation of the basic idea of the society-centered theory. RÉSUMÉ : David Braybrooke soutient que l’idée centrale de la théorie du droit naturel de Thomas d’Aquin a survécu dans les œuvres de Hobbes, Locke, Hume et Rousseau. À mon grand étonnement, Braybrooke soutient aussi que la théorie morale société-centrique de David Copp est une version séculaire de cette même théorie du droit naturel. Braybrooke argumente de façon convaincante que les œuvres de ces grands philosophes partagent une idée centrale relative à la moralité et que cette idée se retrouve aussi chez Copp. Cette idée est la Thèse Fonctionnaliste, c’est-à-dire la thèse selon laquelle les faits moraux sont des faits concernant ce qui rend les membres de la société capables de vivre ensemble dans des communautés florissantes, étant donné la nature des êtres humains et les circonstances de leurs vies. Je soutiens que Copp peut reprendre à son compte les arguments de Braybrooke, et ainsi améliorer la formulation de l’idée centrale de sa théorie société-centrique. (shrink)

Aquinas's account of law as an ordering of reason for the common good of a community depends on the mereology that covered his theory of parthood relations, including the relations of parts to parts and parts to wholes. Aquinas argued that 'all who are included in a community stand in relation to that community as parts to a whole', and 'every individual person is compared to the whole community as part to whole'. Aquinas held that the perfection of wholes through (...) the proper ordering of their parts does not entail the elimination of diversity, but in many cases requires diversity. Aquinas argued that there are two ways of ordering parts within a whole. Firstly, the parts are ordered with respect to one another, and secondly, the parts are ordered toward an end. The ordering of a whole's parts to one another is always for the sake of the ordering of the whole to its extrinsic end. Aquinas argued that the good toward which the law directs a community is called the 'common good' of that community. The common good or common end toward which members of a community are ordered can be the sort of end that the agents bring into existence through their own actions such as justice within a community, or the sort of end that can exist apart from the actions of the agents. (shrink)

Resumen: Es un hecho que Dios ha impreso de un modo necesario e indefectible la dirección hacia su fin a las creaturas materiales y a las creaturas espirituales incluido el caso concreto del hombre. Pero también es un hecho que en el mundo corpóreo, la persona humana cuenta con la libertad de los medios para alcanzar dicho fin. En esto se distingue el hombre de los animales irracionales, en que la naturaleza espiritual y libre ha de ser encauzada en su (...) actividad por una ley específicamente distinta a la del mundo irracional, que a la vez de conducirla eficazmente hacia su fin, sea compatible con la libertad. Dada la relevancia de este tema para la comprensión del problema moral del hombre, el objeto de este trabajo es profundizar en la naturaleza del acto libre y por ende en los principios que fundamentan la libertad en el pensamiento de Santo Tomás de Aquino quien sin lugar a duda ha logrado una gran profundidad en el análisis del acto humano. Palabras clave: acto - bien - felicidad - fin - libertad -/- Abstract: God has impressed upon both material and spiritual creatures, including the concrete case of man, a necessary and indefectible direction towards their end. But at the same time, in the corporeal world, the human person possesses a special freedom with regard to the means whereby to reach that end. This is precisely what distinguishes man from irrational animals: that our free and spiritual nature must be directed in its activity by a law specifically distinct from that of the irrational world, such that, while it drives us towards our end, it remains compatible with free will. Given the relevance of this theme for the understanding of the moral problem of the human person, the goal of this work is to delve more deeply into the nature of free human acts and therefore into the foundational principles of free will in the thought of St. Thomas Aquinas, who undoubtedly has offered a profound analysis of human acts. Keywords: act - good - happiness - end - freedom . (shrink)

This paper discusses how Thomas Aquinas and some Neo-Thomists scholars (Juan José Urráburu, Joseph Hontheim, Édouard Hugon, and Joseph Gredt) analysed the metaphysical possibility of miracles. My main goal is to unpack the metaphysical toolbox that Aquinas uses to solve the basic question about the possibility of miracles and to compare how his late nineteenth- and early twentieth-century followers solved the issue themselves. The key feature to differentiate the two approaches will reside in their use of different notions to (...) account for the possibility of miracles, namely obediential potency for Aquinas and the laws of nature for the Neo-Thomists. To show why neo-Thomist scholars source to this notion, I also briefly discuss how the notion of the laws of nature emerged in the seventeenth century. (shrink)

This article develops an argument in defense of the claim that Aquinas holds that there are some kinds of activities which can be performed only by persons. In particular, it is argued that Aquinas holds that only persons can engage in the activities proper to a rational nature, e.g., the activities of intellect and will. Next, the article turns to discuss two implications of this thesis concerning Aquinas’s concept of a person. First, the thesis can be used to resolve a (...) prominent scholarly debate concerning Aquinas’s views on the possibility of human persons surviving their bodily deaths. Second, it also points to a problem with a leading interpretation of Aquinas’ account of the Christian doctrine of the Incarnation. Finally, the article concludes by discussing how a correct interpretation of Aquinas’s views on these matters is related to a broader scholarly debate concerning the history of the Western concept of a person. (shrink)

St. Thomas’s Third Way to prove the existence of God, “Of Possibility and Necessity” (ST 1, q.2, art. 3, response) is one of the most controverted passages in the entire Thomistic corpus. The central point of dispute is that if there were only possible beings, each at some time would cease to exist and, therefore, at some point in time nothing would exist, and because something cannot come from nothing, in such an eventuality, nothing would exist now—a reductio ad (...) absurdum conclusion. Therefore, at least one necessary being must exist. Generations of critics and defenders have contended over St. Thomas’s proof. This article argues that the principle of pros hen analogy is implicit in the Third Way and that once identified explains the ontological dependency of possible beings, as secondary analogates, on the first necessary being, as primary analogate. Thus, without the necessary being as primary analogate, possible beings simply could not exist. The fact that they do exist is evidence for the existence of the necessary being. St. Thomas makes synthesizes the principle of pros hen analogy, as found in Aristotle’s Metaphysics, with the Neoplatonic principle of participation. Aristotle develops pros hen analogy in contradistinction to univocal and equivocal predication as well as to genus in Metaphysics 4.2, 11.3, 12.3-5. Since Scotus and re-enforced by modern analytic logic, philosophers have almost universally regarded any kind of analogical predication as a sub-category of equivocal predication and, thus, implicitly occlude the possibility of considering pros hen analogy in their readings of the Third Way. Distinction of per se and per accidens infinite regress and of radical and natural contingency are also central to understanding the Third Way. While resolving apparent problems in the Third Way, the article also seeks to rehabilitate the doctrine of pros hen analogy as a basic principle in Thomistic and, indeed, Aristotelian metaphysics. (shrink)

In this chapter I seek to examine the credibility of Finnis’s basic stance on Aquinas that while many neo-Thomists are meta-ethically naturalistic in their understanding of natural law theory (for example, Heinrich Rommen, Henry Veatch, Ralph McInerny, Russell Hittinger, Benedict Ashley and Anthony Lisska), Aquinas’s own meta-ethical framework avoids the “pitfall” of naturalism. On examination, the short of it is that I find Finnis’s account (while adroit) wanting in the interpretation stakes vis-à-vis other accounts of Aquinas’s meta-ethical foundationalism. I (...) think that the neo-Thomists are basically right to argue that for Aquinas we cannot really understand objective truths about moral standards unless we derive them from our intellective knowledge of natural facts as given to us by the essential human nature that we have. While I find Finnis’s interpretative position on Aquinas wanting, I go on to argue that his own attachment to non-naturalism is justified and should not be jettisoned. Because I think non-naturalism important to the future tenability of a viable natural law ethics (an ethics that is both cognitive and objectivist), I argue that Finnis should, so to speak, “beef up” his “fundamental option” for non-naturalism and more fully avail himself of certain argumentative strategies available in its defense, argumentative strategies that are inspired by the analytical philosophy of G.E. Moore. (shrink)

In this paper I argue that differences between the ‘new moral science’ of the seventeenth century and scholastic natural law theory originated primarily from the skeptical challenge the former had to face. Pufendorf’s project of a scientia practica universalis is the paramount expression of an anti-skeptical moral science, a ‘science’ that is both explanatory and normative, but also anti-dogmatic insofar as it tries to base its laws on those basic phenomena of human life which, supposedly, are immune to skeptical (...) doubt. The main scholastic legacy to the new moral science is the dichotomy between an ‘intellectualist’ and a ‘voluntarist’ view of natural law (or between lex immanens and lex imposita). Voluntarism lies at the basis of both theological views, such as Calvinism, and political views, such as those of Hobbes and Locke. The need to counterbalance the undesirable implications of extreme voluntarism may account for much of the developments in ethics and politics during the seventeenth and eighteenth centuries.Scottish natural jurisprudence, which tried to find a middle way between skepticism and extreme voluntarism, is less secular and more empirical than received wisdom admits. There emerged, as one of its ‘accidental’ outcomes, a systematic, self-contained and empirical economic theory from the search for an empirically based normative theory of social life. The basic assumption of such a theory, namely, the notion of societal laws as embedded in trans-individual mechanisms, derives from the voluntarist view of natural law as ‘imposed’ law.Later discussions of social issues in terms of ‘economic’ and ‘ethical’ reasons originated partly from a misreading ofthe Scottish natural jurisprudential framework of economic theory. Starting with this reconstruction, I try to shed some light on recent discussions about the role of ethics in economics. (shrink)

Finnis claims that his theory proceeds from seven basic principles of practical reason that are self-evidently true. While much has been written about the claim of self-evidence, this article considers it in relation to the rigorous claims of logic and mathematics. It argues that when considered in this light, Finnis equivocates in his use of the concept of self-evidence between the realist Thomistic conception and a purely formal, modern symbolic conception. Given his respect for the modern positivist separation of fact (...) and value, the realism of the Thomistic conception cannot be the foundation for the natural law as Finnis would reconstruct it. Nor can the purely formal modern conception of self-evidence provide a foundation for practical reason. This raises some doubt as to whether there can be self-evident principles of practical reason as Finnis suggests. The article contributes to the analysis of the Finnis reconstruction of the natural law by providing a rigorous analysis of his claim for self-evidence. It frames this analysis historically, suggesting the roles that certainty and mystery play in the apprehension of moral meaning. (shrink)

As Alexander D’Entrees observed over forty years ago, the case for natural law “is not an easy one to put clearly and convincingly.” Furthermore, even if one can make the case for natural law in a clear and convincing manner, one should not expect such an argument to be clear and convincing for all time. Instead, the case for natural law must be an ongoing argument, addressing itself perpetually to the needs of the time as these needs (...) shift and change. In short, the case for natural law “must needs appear in a different light according to the angle in time or in place from which it is looked at.” With this precept in mind, I seek to examine Thomas Aquinas’s natural law teaching on the legislation of virtue in light of concerns that are especially acute from the perspective of contemporary liberalism. (shrink)

The financial crisis of 2008–2009 presents us with the opportunity to not only understand what has happened in the markets but also to reflect on the purpose of the marketplace. Drawing from expert economic analyses, we first assess the central lesson of the crisis—the failure of self-regulation by rational self-interest to moderate externalized risk in financial markets. Second, we ask the philosophical question occasioned by the crisis concerning the moral meaning of economic activity: Is market exchange solely for the sake (...) of self-interest? Reflecting on the poetry of Kahlil Gibran and engaging with the recent encyclical of Pope Benedict XVI, we turn our attention from political economy to moral economy: the relationships among market exchange, self-interest, and the common good—and, in particular, the prior conditions of market exchange and their moral significance for the present crisis. (shrink)

This paper concerns an ethics of our medieval tradition (in particular good, happiness, natural law and virtue) and tries to show how to recover it, facing the problems of pluralism, freedom and scientific approach in modern and contemporary age. The author points out: - The central role of the desire for good and happiness and for goods adequate or inadequate to the openness of desire (particularly of the human person). Today we speak of the meaning of life. - The (...) role of ethical virtues as the flowering of the first principles of natural law. - The principle of the entirety of the good (bonum ex integra causa) in order to judge the moral goodness of an action and as a criterion to compare different ethics in a pluralistic world. This is to distinguish between different levels of the human and moral good. - The principles of natural law as a result of the encounter between certain inclinations and practical rationality that recognizes them as normative. Nature and natural law are the conditions of freedom, not primarily a limit to it. - Now we must increase the role of freedom of choice – which is based on rationality – and the virtues as a way to freedom. It is essential to emphasize the value of personal risk and the fact that evil can serve the good. In general the author tries to face the challenges of deontology, utilitarianism and contemporary virtue ethics. -/- . (shrink)

Economic sanctions are envisaged as a sort of punishment, based on what should be an institutional decision not unlike a court ruling. Hence, the conditions for their lifting should be clearly stated and once those are met sanctions should be lifted. But this is generally not what happens, and perhaps is precluded by the very nature of international sanctioning. Sanctions clearly have political, economic, military and strategic consequences, but the question raised here is whether sanctions can also have moral justification. (...) Illustrated by the example of international sanctions against Yugoslavia, the authors show how the process of escalating demands on a target country, inherent to the very process of sanctioning, can lead ultimately even to overt aggression. As a result of this logic of escalation, economic sanctions cannot be articulated properly in any law-like system. Economic sanctions have much more in common with war than legal punishment, and in fact represent a form of siege. As such, they cannot be ended simply on the basis of their initial rationale, for the very process of sanctions implementation opens up possibilities for setting new goals and a continuous redefinition of the goal that sanctions are seen to have. (shrink)

En el pensamiento de Santo Tomás de Aquino, la Filosofía Moral y la Teología Moral tienen al bien como concepto central, es decir, el ser en cuanto apetecible y en cuanto fin de la tendencia o apetito. Lo anterior es debido a que lo bueno expresa el en cuanto se relaciona con el apetito y de este modo señala la capacidad del ser para mover la voluntad o una tendencia cualquiera hacia su fin. Es por esto que Santo Tomás sostiene (...) con Aristóteles que el bien coincide con la noción de fin. Y es por la importancia de estos principios y por la repercusión en la moral y sobretodo en la explicación de la libertad moral, que este breve trabajo consiste en una profundización en las relaciones entre el bien, el fin y la naturaleza y algunas de sus aplicaciones a lo que se conoce como tendencia natural o apetito natural y la tendencia libre que se refiere a la voluntad sobre todo a la voluntad de la persona humana. No se trata de un intento por presentar todas las conclusiones que de estos principios se siguen, lo cual correspondería a la Filosofía o a la Teología Moral, sino más bien de una profundización en los principios metafísicos, para asentar los cimientos del orden moral. -/- In the thought of St. Thomas Aquinas, both ethics and moral theology have as their central concept of the good, that is, of being insofar as it is desirable and insofar as it is the end of appetitive tendencies. This is due to the fact that the good expresses being insofar as it relates to the appetite, and thus it expresses the capacity of being to move the will, or to any tendency towards its end. For this reason St. Thomas holds with Aristotle that the good is convertible with the notion of end. And it is due tuo the importance of these principles and their consequences for morality and moral freedom that in this brief work I attempt to delve into the relationship between the good, the end, and nature, and some of its applications to what is known as natural tendency or natural appetite as well as to the free tendency which is called "the will", especially the will of the huma person. It is not an attempt to present all the conclusions that follow form these principles -a task that would correspond to ethics or to moral theology- but attempt to delve into the metaphysical principles that ground the moral order. (shrink)

Discussions concerning whether there is a natural right to health care may occur in various forms, resulting in policy recommendations for how to implement any such right in a given society. But health care policies may be judged by international standards including the UN Universal Declaration of Human Rights. The rights enumerated in the UDHR are grounded in traditions of moral theory, a philosophical analysis of which is necessary in order to adjudicate the value of specific policies designed to (...) enshrine rights such as a right to health care. We begin with an overview of the drafting of the UDHR and highlight the primary influence of natural law theory in validating the rights contained therein. We then provide an explication of natural law theory by reference to the writings of Thomas Aquinas, as well as elucidate the complementary “capabilities approach” of Martha Nussbaum. We conclude that a right to health care ought to be guaranteed by the state. (shrink)

This article seeks to justify the claim that Thomas Aquinas proposed a concept of natural law which is immune to the argument against the recognition of an objective grounding of the good formulated by a well-known representative of the liberal tradition, Isaiah Berlin, in his famous essay “Two Concepts of Freedom.” I argue that Aquinas’s concept of freedom takes into account the very same values and goals that Berlin set out to defend when he composed his critique of (...) natural law. In particular, the article suggests that Aquinas recognizes freedom as a greater perfection of man than rationality, and that this freedom is realized, among other things, through the co-construction of the good that gives a goal and a shape to human action and to the whole of a person’s life. I argue that the co-construction of such a good involves the co-construction of natural law in the strict sense of the term. Indeed, the content of natural law can be understood as a set of goods which are goals that inform human action. From a human perspective, natural law is not a pre-existing recipe which has merely to be “read.” Defining the concrete content of natural law is an ongoing process. The process of defining natural law’s content takes humanly knowable, objective elements into account, and so draws on knowledge. Yet free choice also plays an important part in this process. When speaking of the process of defining the content of natural law, therefore, and in determining what here-and-now is to be done, it is reasonable to describe man as a creator of the natural law, or as a legislator, just as the members of a parliament are the creators of civil law — bearing in mind that only a just law is truly law and therefore the creation of both civil and natural law reaches only as far is the scope of just actions directed by these laws. From the perspective of human action, we may speak of each person’s free choice to establish a given good as the end of a specific act, and in so doing to declare that action proper under natural law in the strict sense of the term (which differs from the rules of natural law). An appreciation of what is particular and individual (particulare et individuum), and an appreciation of free choice that goes hand-in-hand with this, is deeply embedded in Thomas’s system of thought. Particularity and individuality has its basis in an especially excellent way of human existence. (shrink)

This article makes a moral argument for universal access to health care and for the legitimate function of government to guarantee that access. Constructed as a reply to the libertarian argument against universal access, this article utilizes the moral and political theory of John Locke, favored by libertarianism, to develop a Lockean argument for a view contrary to the libertarian philosophy. In particular, the argument here shows how libertarianism’s neglect of a crucial element of the natural-law tradition, to which (...) Locke adhered, not only undercuts the libertarian objection to universal access to health care but also underwrites an alternative argument in favor of such. (shrink)

In Aquinas's account of the beatific vision, human beings are joined to God in a never-ending act of contemplation of the divine essence: a state which utterly fulfills the human drive for knowledge and satisfies every desire of the human heart. In this paper, I argue that this state represents less a fulfillment of human nature, however, than a transcendence of that nature. Furthermore, what’s transcended is not incidental on a metaphysical, epistemological, or moral level.

The teaching of the Aquinas Academy in its first thirty years was based on the scholastic philosophy of Thomas Aquinas, then regarded as the official philosophy of the Catholic Church. That philosophy has not been so much heard of in the last thirty years, but it has a strong presence below the surface. Its natural law theory of ethics, especially, still informs Vatican pronouncements on moral topics such as contraception and euthanasia. It has also been important in Australia (...) in the High Court’s deliberations on the Mabo case. It is argued that some officially-sanctioned deductions on particular cases have not been correct, but that any attempt to do without a natural law foundation of ethics would throw out the baby with the bathwater. The sense of the basic objective worth of persons that is the centre of natural law ethics is essential to any ethics better than a simple “might is right” approach. (shrink)

The contribution focuses on philosophical issues of justice of positive law in the light of the social teaching of John Paul II. The analyses start with consideration of anthropological foundations of justice as virtue, develop with the reflexion upon justice of actions realizing justice and finally arrive at examination of the criteria of justice of law. -/- It is argued that relations between a human being and goods (ends of actions) form ontological basis of natural law and justice of (...) actions – orders and prohibitions are secondary in respect to these relations. An aim of just law (and natural law) is not preservation or restoration of abstractly understood moral order based on norms – orders and prohibitions) but integral development (good) of a person – a being possessing dignity. John Paul’s II philosophy of law takes advantage primarily of Thomas Aquinas’ approach to law and combines it with constructions which are typical for modern human rights protection. John Paul’s II conception of natural law is anthropocentric and bases on subjective rights thinking. Human dignity and human rights which derive from it provide basic criteria for the justice of law. Human rights as subjective rights disclose natural law which is understood as a set of goods for a human person. These goods are ends of actions and as such they determine actions and their forms. This point of view is compatible with Aquinas’ definition: “law is nothing but a rational plan of operation, and … the rational plan of any kind of work is derived from the end” (Summa contra gentiles, lib. 3, cap. 114, n. 5). -/- Positive (human) law which is not just has no normative power in this sense that it does not in itself provide reasons for concrete actions of a concrete actor. Sometimes there are moral reasons for following unjust law, however if its norm prescribes actions which are wrong in themselves (internally wrong) there is moral obligation to act contrary to such a legal norm. -/- Zasadniczym przedmiotem opracowania jest filozoficzna refleksja Jana Pawła II nad sprawiedliwością prawa stanowionego. Analizy przebiegają od zagadnienia antropologicznych podstaw sprawiedliwości poprzez problematykę działań realizujących sprawiedliwość do zagadnienia sprawiedliwości prawa stanowionego. Opracowanie zamykają uwagi wskazujące na kontekst teologiczny istotny dla problematyki sprawiedliwości, którego analiza wykracza jednak poza podjęte zamierzenie koncentrujące się na problematyce filozoficznoprawnej. Argumentuje się, że u podstaw tej refleksji leży namysł nad relacją człowieka do dobra, która stanowi ontologiczną podstawę prawa naturalnego i sprawiedliwości – nakazy i zakazy są wtórne wobec tej relacji. Celem prawa i sprawiedliwości jest dobro konkretnego, obdarzonego godnością człowieka, a nie np. przywracanie abstrakcyjnie pojętego porządku moralnego. Od strony konstrukcji teoretycznej, filozofia prawa Jana Pawła II jest osadzona przede wszystkim na koncepcji Tomasza z Akwinu łączonej z konstrukcjami typowymi dla współczesnej ochrony praw człowieka. To w godności i wynikających z niej prawach człowieka poszukiwać trzeba zasadniczych treściowych kryteriów sprawiedliwości prawa. Prawa człowieka jako prawa podmiotowe są podstawowym wyrazem prawa naturalnego, stanowiącego ontyczną podstawę sprawiedliwości i które pojmowane jest jako zespół dóbr dla osoby, zatem i celów kształtujących działanie. Perspektywa pojmowania prawa naturalnego jest antropocentryczna. Prawo stanowione, które nie jest sprawiedliwe, nie ma „mocy prawa”, przede wszystkim w takim sensie, że nie stanowi samo w sobie racji działania. Niekiedy, ze względów moralnych, niesprawiedliwe prawo wymaga posłuszeństwa. Jeśli jednak prawo stanowione daje uprawnienia do czynów wewnętrznie złych i nakazuje takie czyny, to nie tylko nie obowiązuje w sumieniu i nie jest racją działania, ale obowiązkiem jest postępowanie wbrew takiemu prawu. (shrink)

It is universally acknowledged that, for St. Thomas, there is a distinction between human persons or supposits and their natures or essences. But it is usually thought that there is no parallel distinction between the angelic person or supposit and its nature. Yet, as this paper argues, Aquinas consistently puts forward just such a distinction. This paper surveys Aquinas’s arguments for the unique identity of God with his essence and the corresponding distinctions between created persons and their essences, showing (...) in the process how the distinction found in angels differs from that found in material substances. It is important to recognize the distinction between supposit and nature in angels not only for its own sake as it touches on his understanding of created persons—human or angelic—but also insofar as it sheds light on Aquinas’s understanding of divine simplicity and of other act-potency compositions in creatures. (shrink)

This paper was read at the University of Virginia at the XXXVIII ALDEEU conference of June 2018. -/- The phrase ‘Life, Liberty, and the pursuit of Happiness’ was Thomas Jefferson’s rewriting of Locke’s dictum, ‘Life, Liberty, and the pursuit of Property.’ Locke’s political philosophy speaks of a coming liberal age, engendering the Declaration of Independence. Anglo-Saxon historiography seemed to assure that Locke’s ideas were the autochthonous result of a historical process centered on the Reformation, Cromwellian parliamentary supremacy, and English (...) commercial practices. Some continental philosophers look instead to the theologians of the School of Salamanca for the European origins of liberty. In this paper I will examine the recent scholarship about the impressive contribution of this School which led Jefferson to ground the Declaration of Independence in scholastic thought. These scholastics provided the philosophical, legal, and economic framework for modern Europe, as it transitioned from its medieval concepts of social organization to the more liberal and individualistic one now. They were influential for a simple reason. The scholastic program used reason to develop its concepts of free will, popular sovereignty, and property rights – which well correspond to Locke’s phrase – and placed them in a congruent philosophical system derived from first principles using natural law. It was this coherent, logical framework that appealed most to the later thinkers Jefferson relied on when searching for a sound philosophical basis for the Declaration. The Hispanic neo-scholastics applied natural law to prior Conciliarist parliamentary ideas to establish a new relationship between the individual, the community, and the state. This framework emphasized a greater separation of church and state, popular sovereignty, deposition of kings, and checks on monarchical power. Others, including Protestants and Enlightenment thinkers, were later drawn to this system due to its sound basing in an essentialist, classical, natural law drawn from first principles. It was this foundational coherence which attracted others, including Jefferson, who tended to mistrust the basis of the resistance theorists that also relied on historicism or scripture, such as George Buchanan, the authors of Vindiciae Contra Tyrannos, or Locke himself. -/- . (shrink)

In the 1960s, before the promulgation of Humanae Vitae, the Catholic philosophers Elizabeth Anscombe and Herbert McCabe OP debated whether there are convincing natural law arguments for the claim that contraception violates an exceptionless moral norm. This article revisits those arguments and critiques McCabe’s approach to natural law, concerned primarily with ‘social sin’ and not simply violations of ‘right reason,’ as one particularly ill-suited to addressing questions in sexual ethics and unable both to distinguish properly between certain forms (...) of sexual wrongdoing and more obviously social sins such as theft, and also to distinguish between ‘natural’ and ‘unnatural’ sexual acts. Anscombe’s views, I argue, are closer to those of Thomas Aquinas and provide reasons for making the distinctions McCabe does not. An argument concerning the nature of the institution of marriage and the effects of non-marital acts on that institution is proposed as a way of strengthening Anscombe’s argument that contraception violates an exceptionless moral norm. (shrink)

This paper aims to examine human freedom and habits based on justice. The main issue guiding this research is how justice can direct human freedom and habits to create equality in the state, and the authors use a historical-factual approach to the thought of St. Thomas Aquinas to sketch out how this can be achieved. The main result of this research shows that justice is a moral virtue which perfects the will and directs human acts for good. Justice is (...) also called a habit because it perfects the will and inclines the will to give each man what is his, equality. It implies equality because it relates to others and indicates a significant relationship with others. Justice is principally in rulers because of their primary authority and competency, while it is secondary and administrative in the people. Power exists among the people through the law to bring the common good, whereas the people are indirectly present in the state community through obedience to the law. However, the law can be unjust because power prioritizes the interests of capital owners over those of the vulnerable. This practice is common because power benefits from their existence. Furthermore, when power moves away from the common good in favor of itself, the classical notion of justice suggests depriving those in power of their rights of appointment and leaving the offices of state to the best. Therefore, the people have to strive diligently to provide good leaders and keep them from falling under tyranny. (shrink)

In recent scholarship, moral theologians and readers of Thomas Aquinas have shown increasing sensitivity to the role of the passions in the moral life. Yet these accounts have paid inadequate attention to Thomas's writings on Christ's passions as a source of moral reflection. As I argue in this essay, Thomas's writings on Christ's human affectivity should not be limited to the concerns of Christology; rather, they should be integrated into a fuller account of the human passions. One (...) upshot of this approach for Thomists is that it sharpens our vocabulary when describing human nature and the conditions for the moral life. By considering the rubrics of creation, fall, and redemption – as Thomas does – we find that our resources for analyzing the passions are greatly enriched. (shrink)

Within the Thomistic moral tradition, the is-ought gap is regularly treated as identical to the fact-value gap, and these two dichotomies are also regularly treated as being identical to Aristotle and Aquinas’s distinction between the practical and speculative intellect. The question whether (and if so, how) practical (‘ought’) knowledge derives from speculative (‘is’) knowledge has driven some of the fiercest disputes among the schools of Thomistic natural lawyers. I intend to show that both of these identifications are wrong and (...) the debate has been misframed. The is-ought gap is not the fact-value gap, nor does the is-ought gap correspond to Aquinas’s distinction between the speculative and practical. This opens the possibility of a resolution--within the Thomistic school--to a debate that has, heretofore, proven particularly resistant of consensus. I close by offering a tentative account of precisely how synderesis gives us our first awareness of moral law from a prior speculative understanding. (shrink)

Amid the many figures who number among the Thomists writing during the early 20th century period of revival in scholastic thought in the Roman Catholic Church in the wake of the encyclical letter Aeterni Patris (1879) of Leo XIII, there is numbered the French convert, Jacques Maritain (1882–1973). Over the course of his long lifetime, Maritain authored works covering a host of philosophical and theological topics: epistemology, the philosophy of the sciences and natural philosophy, aesthetics, moral philosophy, political philosophy, (...) metaphysics, the philosophy of history, etc. The details concerning Maritain’s youth and conversion have been ably told by others and can be consulted by the interested reader. Detailed bibliographies of his works are available for those interested in engaging the full breadth of his writing. In this article, I will focus on the particular shape of Maritain’s Thomism and his place in the overall hermeneutics of the Thomistic tradition, in particular the debt that he owes to John Poinsot (1589–1644), to whom he refers as “John of St. Thomas,” in accord with the standard appellations within the Thomistic tradition in which he wrote. Following a general account of Maritain’s “style” of Thomism, I will provide a specific catalogue of some central themes in his thought that bear the clear impress of his engagement with the thought of John of St. Thomas. Without claiming to be exhaustive, this article intends to provide the reader with a sufficient appraisal of the main lines of influence exercised upon Maritain’s thought by the Baroque Commentator, without whose philosophical and theological works Maritain’s own labors would be unthinkable. (shrink)

This dissertation aims to look at the moral justification for war in a critical way so that we can better understand both the justice and morality of war. In contrast to natural disasters, war has historically been viewed as an extreme manifestation of human social failure. The vast majority of theorists who address the morality of war do so within the moral framework established by Just War Theory; a normative account of war that dates all the way (...) back to the Western Philosophical Tradition over 1500 years. Recent events in the conduct of wars around the world, however, have called into question the just war theory's relevance and applicability to contemporary wars. For instance, morality and virtue have had no place in society during recent wars. This work will examine several major theorists in the history of Western Just War Theory (St Thomas Aquinas and Augustine), demonstrating that the forefathers of Just War Theory did regard moral virtues and ethical principles as central to the morality of war. I will critically examine the concept of a just war through a discussion of various formulations of the realist and pacifist positions and argue that, while the just war tradition offers a reasonable alternative to either of these extremes, its glaring shortcomings (the theory's inability to address the rise of non-state actors such as al-Qaeda, the increasing availability of weapons of mass destruction, etc) should not be overlooked. Finally, I will argue that the theory of just war is obsolete, impractical, unrealistic, and flawed in the modern era, particularly if one wishes to maintain a moral constraint on war. (shrink)

(From the Introduction) The topic I would like to present is “Scholasticism and Thomism” as found in Chapter 7 of Fabro’s "Brief Introduction to Thomism". My presentation, as both a summary and a partial commentary on some aspects of this work, may be helpful as we wait for the English translation of Fabro’s book. The title of this chapter says exactly what Fr. Fabro wants to do. He wants to relate Scholasticism and Aquinas in two senses: 1) from a historical (...) point of view, so that we may understand the origins, context and later fortune of the doctrine of St. Thomas, and 2) from a doctrinal point of view (and this is the most important) so that we may clearly distinguish St. Thomas’ doctrine from the rest of Scholasticism. This is very important because some people have tried to understand the Church’s invitation—or, rather, instruction—to study St. Thomas as simply a broad invitation to study Scholastic philosophy and theology. This is clearly not the case. The Church wants us to study the principles of Thomistic doctrine which, many times, are substantially different from other scholastic doctrines. (shrink)

Climate change increases the frequency and intensity of certain kinds of natural hazard events in alpine areas. This interdisciplinary study addresses the hypothetical possibility of relocating the residents of three alpine areas in Austria: the Sölk valleys, the Johnsbach valley, and the St. Lorenzen/Schwarzenbach valleys. Our particular focus is on these residents’ expectations about such relocations. We find that (1) many residents expect that in the next decades the state will provide them with a level of natural hazards (...) protection, aid, and relief that allows them to continue to live in these valleys; (2) this expectation receives some legal protection but only when it is associated with fundamental rights; and (3) the expectation is morally significant, i.e., it ought to be considered in assessing the moral rightness or justness of relocation policies. These results suggest legal changes and likely extend to many other (Austrian) alpine areas as well. (shrink)

Contemporary debates on obedience and consent, such as those between Thomas Senor and A. John Simmons, suggest that either political obligation must exist as a concept or there must be natural duty of justice accessible to us through reason. Without one or the other, de facto political institutions would lack the requisite moral framework to engage in legitimate coercion. This essay suggests that both are unnecessary in order to provide a conceptual framework in which obedience to coercive political (...) institutions can be understood. By providing a novel reading of Hobbes’s Leviathan, this article argues that both political obligation and a natural duty to justice are unnecessary to ground the ability of political institutions to engage in legitimate coercion. This essay takes issue with common readings of Hobbes which assume consent is necessary to generate obedience on the part of citizens, and furthermore that political obligation is critical for the success of political institutions. While the failure of the traditional Hobbesian narrative of a consenting individual would seem to suggest the Leviathan is indefensible as a project, this paper argues that the right of war in the state of nature was more central for Hob- bes’s understanding of political institutions than obligation. Furthermore, Hobbes provides an adequate defense of political institutions even if his arguments about consent, obligation and punishment are only rhetorical. In this way Hobbesian law is best understood as a set of practical requirements to avoid war, and not as moral requirements that individuals are bound to comply with. Thus Hobbesian political institutions are not vulnerable to contemporary philosophical anarchist criticisms about political obligation and political institutions as such. To develop this reading, I focus primarily on the Leviathan, including interpretations by Skinner, Kateb, Flathman, and Oakeshott. Ultimately, this argument provides insight into contem- porary political institutions of the state, citizenship, criminality, and the law in a world where political obligation has not been adequately justified. (shrink)

The article begins with an inquiry on St. Thomas Aquinas' theological framework of God in the Summa Theologica, as seen through the lenses of Pseudo Dionysius and Proclus Lycaeus, in the Light of Plato's dialectical exploration of the One in the Parmenides. We proceed to the similarities and differences between St. Thomas Aquinas’ theology and Plato’s philosophy in terms of the means through which the soul ascends towards the highest vision. Ideas of thinkers such as Democritus, Aristotle, Iamblichus, (...) Thomas Taylor, Friedrich Nietzsche and Martin Heidegger supported or provided counter arguments regarding these matters. The essay raises a significant question pertaining to the relationship between Plato’s thought with that of St. Thomas Aquinas’. (shrink)

Did we get Aquinas’ Epistemology right? St. Thomas is often interpreted according to Kantian principles, particularly in Transcendental Thomism. When this happens, it can appear as though Aquinas, too—along with Kant—had made the “turn to the subject”; as if Aquinas were no longer the Aristotelian “believer” who thinks nature is what it is but, instead, the Kantian “thinker” who holds that nature is what we think of it; as if St. Thomas, like Kant, had concluded that nature is (...) intelligible not only when we think of it, but because we think of it. After much struggle with this problem, the challenge seemed obvious to me: to show the radical difference between Aquinas and Kant. Kant had reasons to make his turn, his Copernican revolution. Could I explain those reasons, could I pinpoint the problem leading Kant to think in those terms? Could I show Aquinas facing the same problem and clearly taking a different direction in his proposed solution? That is what I have tried to do in this book. This book provides an interpretation of Aquinas’ agent intellect focusing on Summa Theologiae I, qq. 75-89, and proposing that the agent intellect is a metaphysical rather than a formal a priori of human understanding. A formal a priori is responsible for the intelligibility as content of the object of human understanding and is related to Kant’s epistemological views, whereas a metaphysical a priori is responsible for intelligibility as mode of being of this same object. We can find in Aquinas’ text many indications that the agent intellect is not productive of the intelligible object but is, rather, productive of the abstracted or intelligible mode of being of this object. This is because for Aquinas the universal as nature, which is the object of human understanding, is present in the things themselves but with a different mode of being. In this four-chapter book, Chapter 1 is intended to establish the fact which requires for Aquinas an agent intellect, and provides two very important principles: one is that the object of human understanding (the universal as nature) is present in the things themselves and, the other, that it is not in the things themselves with a mode of being which makes it available to the intellectual eye. These two principles lead us to the main point of Chapter 2, namely the distinction between the intelligible object and its intelligible mode of being. Now, because knowing is receptive of the intelligible object (Chapter 3), which is present in the things themselves (Chapter 1), the agent intellect is productive not of the object’s intelligible content, but of its abstracted or intelligible mode of being (Chapter 4). (shrink)

The paper presents some historical (Plato, Aristotle, Plotin, Augustine, Boethius, Aquinas) and main contemporary topics about different accounts of goodness of God understood as ontological goodness, perfection and as ethical goodness - impeccability and benevolence. The arguments for goodness of God are presented, mainly from stance of Thomas Aquinas classical theism as well as arguments against compatibility of essential goodness and omnipotence (N. Pike) and being an moral agent. The article draws perspective of different philosophical issues connected with goodness (...) of God, like a problem of evil, the Euthyphro dilemma, divine command ethics and divine motivation theory. (shrink)

Michael Sandel’s latest book is not a scholarly work but is clearly intended as a work of public philosophy—a contribution to public rather than academic discourse. The book makes two moves. The first, which takes up most of it, is to demonstrate by means of a great many examples, mostly culled from newspaper stories, that markets and money corrupt—degrade—the goods they are used to allocate. The second follows from the first as Sandel’s proposed solution: we as a society should deliberate (...) together about the proper meaning and purpose of various goods, relationships, and activities (such as baseball and education) and how they should be valued. -/- Public philosophy is a different genre from academic philosophy, but that does not mean that it cannot be held to high standards. In my view, while this book does provide food for thought and food for conversation, it nevertheless has significant failings as a work of public philosophy rather than journalistic social activism on the model of Naomi Klein’s No logo (1999). (shrink)

Moral theory requires for its development an account of human wellbeing, of what it is for a thing to be good for a person: a theory, that is, of nonmoral goodness. Contemporary moral theorists--notably the so-called "new natural law theorists" and consequentialists alike--have come under fire for their failure to provide defensible accounts of nonmoral goodness.' This essay will present in outline three important rival approaches to the question of nonmoral goodness--natural law, communitarian, and informed-desire approaches--and will identify (...) some significant strengths and weaknesses within and some principle differences among these rival versions. One of these approaches, the full-information informed-desire approach of recent popularity, will be developed to overcome its shortcomings by incorporating natural law and communitarian resources. Finally, the resulting view will be presented as maintaining the strengths and avoiding the weaknesses of each of the three rival approaches discussed, and thus as showing more promise than they for serving as the foundation of moral theory. (shrink)

The present dissertation concerns cognitive psychology—theories about the nature and mechanism of perception and thought—during the High Middle Ages (1250–1350). Many of the issues at the heart of philosophy of mind today—intentionality, mental representation, the active/passive nature of perception—were also the subject of intense investigation during this period. I provide an analysis of these debates with a special focus on Durand of St.-Pourçain, a contemporary of John Duns Scotus and William of Ockham. Durand was widely recognized as a leading philosopher (...) until the advent of the early modern period, yet his views have been largely neglected in the last century. The aim of my dissertation, then, is to provide a new understanding of Durand’s cognitive psychology and to establish a better picture of developments in cognitive psychology during the period. -/- Most philosophers in the High Middle Ages held, in one form or another, the thesis that most forms of cognition (thought, perception) involve the reception of the form of the object into the mind. Such forms in the mind explain what a given episode of cognition is about, its content. According to what has been called the conformality theory of content, the content of our mental states is fixed by this form in the mind. Durand rejects this thesis, and one of the primary theses that I pursue is that Durand replaces the conformality theory of content with a causal theory of content, according to which the content of our mental states is fixed by its cause. When I think about Felix and not Graycat, this is to be explained not by the fact that I have in my mind the form of Felix and not Graycat, but rather by the fact that Felix and not Graycat caused my thought. -/- This is both a controversial interpretation and, indeed, a controversial theory. It is a controversial interpretation because Durand seems to reject the thesis that objects are the causes of our mental states. In the first half of the present dissertation, I argue that Durand does not reject this thesis but he rejects another nearby thesis: that objects as causes give to us ‘forms’. On Durand’s view, an object causes a mental state even though it does not give to us a new ‘form’. In the second half of the dissertation I defend Durand’s causal theory of content against salient objections to it. (shrink)

The present essay took as its hypothesis the premise that the Metaphysical Neutrality proposed by Husserl since his initial studies needs to be recognized with methodological and analytical limits. In order to overcome this limit, a recovery of the Metaphysics and Theory of Knowledge of St. Thomas Aquinas was carried out, interpreting this theory through a Moderate and Direct Realism. As a conclusion, it was possible to identify that there is a very important similarity between both theories, as well (...) as that for phenomenological investigations to achieve their primary cognitive intent, care must be taken not to annihilate moderate realist metaphysics. (shrink)

This paper applies a very traditional position within Natural Law Theory to Cyberspace. I shall first justify a Natural Law approach to Cyberspace by exploring the difficulties raised by the Internet to traditional principles of jurisprudence and the difficulties this presents for a Positive Law Theory account of legislation of Cyberspace. This will focus on issues relating to geography. I shall then explicate the paradigm of Natural Law accounts, the Treatise on Law, by Thomas Aquinas. From (...) this account will emerge the structure of law and the metaphysics of justice. I shall explore those aspects of Cyberspace which cause geography to be problematic for Positive Law Theory and show how these are essential, unavoidable and beneficial. I will then apply Aquinas’s structure of law and metaphysics of justice to these characteristics. From this will emerge an alternative approach to cyberlaw which has no problem with the nature of Cyberspace as it is but treats it as a positive foundation for new legal developments. (shrink)

St. Thomas Aquinas has always considered intelligence a potency higher than the will, absolutely speaking. That being said, and in my view, the existential primacy of the will in the act of freedom (particularly in choosing the existential end) is also indisputably Thomistic, as Cornelio Fabro has shown. This paper endeavors to explain Aquinas' doctrine on the absolute primacy of the intellect and thus show that these two primacies can be affirmed coherently, that is, the intellect’s absolute primacy and (...) the will’s existential primacy. Firstly, I will explain the reasoning St. Thomas Aquinas uses in the Summa to justify the absolute primacy of the intellect over the will. Secondly, I will explore some parallel texts, in order to shed light on my interpretation of the Summa and expand our view regarding this and related doctrinal points. Thirdly, I will offer a brief study of Fabro’s position, one in which his concerns regarding the intellect’s absolute primacy are taken into account and carefully considered. (shrink)

In contemporary positive law there are legal institutions, such as conscientious objection in the context of military service or “conscience clauses” in medical law, which for the sake of respect for judgments of conscience aim at restricting legal obligations. Such restrictions are postulated to protect human freedom in general. On the basis of Thomas Aquinas’ philosophy, it shall be argued that human dignity, understood as the existential perfection of a human being based on special unity, provides a foundation for (...) imposing limitations on the scope of legal obligations in general. Human freedom plays a crucial role in understanding dignity as perfection based on the special individuality of a personal being, which in turn is based on the free choice to pursue a unique way of life. Therefore, Aquinas’ argumentation is, at its core, liberal – the perfection rather than the imperfection of a human being underlies the requirement to limit legal obligations. Dignity understood as the special unity of a person also provides the basis for limiting obligations in the case of conscientious objection; however, in that case, such limitations aim at safeguarding internal integrity rather than the individualisation of a given way of life. _This project was financed with funds from the National Science Centre allocated on the basis of the decision number DEC-2013/09/B/HS5/04232._. (shrink)