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)

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)

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)

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)

[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)

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)

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)

In a pair of recent articles, Brian Leftow and Eleonore Stump offer independent, although similar, accounts of the metaphysics of the Incarnation. Both believe that their Aquinas-inspired theories can offer solutions to the kind of Leibniz’s Law problems that can seem to threaten the logical possibility of this traditional Christian doctrine. In this paper, I’ll have a look at their compositional account of the nature of God incarnate. In the end, I believe their position can be seen to have unacceptable (...) philosophical and theological implications, and that is it inadequate to solve the Leibniz’s law problems that motivate it in the first place. (shrink)

The article concerns the role of the precepts of Natural Law according to Thomas Aquinas, in particular of the second precept.

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)

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)

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 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)

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)

English translation of Thomas Aquinas' Commentary on the Psalms, Psalm 52.

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 paper concerns happiness, natural law and virtues in Thomas Aquinas.

English translation of Thomas Aquinas' Commentary on the Psalms, Psalm 8.

English translation of Thomas Aquinas' Commentary on the Psalms, Psalm 9.

English translation of Thomas Aquinas' Commentary on the Psalms, Psalm 51.

English translation of Thomas Aquinas' Commentary on the Psalms, Psalm 35.

Contemporary debates on divine action tend to focus on finding a space in nature where there would be no natural causes, where nature offers indeterminacy, openness, and potentiality, to place God’s action. These places are found through the natural sciences, in particular quantum mechanics. God’s action is then located in those ontological ”causal-gaps’ offered by certain interpretations of quantum mechanics. In this view, God would determine what is left underdetermined in nature without disrupting the laws of nature. These (...) contemporary proposals evidence at least two unexamined assumptions, which frame the discussion in such a way that they portray God as acting as a secondary cause or a ”cause among causes’. God is somewhat required to act within these ”gaps’, binding God to the laws of nature, and placing God’s action at the level of secondary causes. I suggest that understanding God’s action, following Thomas Aquinas, in terms of primary and secondary causation could help dissolve this difficulty. Aquinas moves away from this objection by suggesting to speak of an analogical notion of cause, allowing for an analogical understanding of God’s causality in nature. With a radically different understanding of the interplay between secondary causes and God, Aquinas manages to avoid conceiving God as a cause among causes, keeping the distinctive transcendent character of God’s causality safe from objections. (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)

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)

Within the context of women’s studies, Thomas Aquinas is probably best known for his paraphrasing of Aristotle’s view, which describes woman as a “deformed man”. While the Philosopher indeed adopts the empirically dubious premise of woman’s value being intrinsically inferior to that of man, which he consistently implements throughout his many works, in Thomas’s case the issue of gender is not addressed as clearly and definitively. Above all, Aquinas does not call woman “something deformed”, but “only” occasional and (...) misbegotten. This is a reference to his ontological theory, in which woman is an occasional entity on the individual level, but a necessary one on the general level. He also distinguishes two relations of equality and affirms one of them to exist between woman and man. Although he accepts some of Aristotle’s beliefs (such as the impaired rationality of woman and her natural submission to man), he rejects other which show her as a being devoid of dignity. If one accepts the superiority of the spiritual sphere over the bodily one, it is ultimately possible to interpret Aquinas’s thought in a quasi-feminist way, as evidenced by the existence of Catholic Neo-Thomistic feminism, among others. Its achievements include recognising the divorce of marriages in which there is no friendship, abandoning Aristotelian biology in favour of modern scientific knowledge, and indicating the possibility of a feminist interpretation of the concept of natural law, which should include the welfare of women and minorities. (shrink)

English translation of Thomas Aquinas' Commentary on the Psalms, Psalm 11.

English translation of Thomas Aquinas' Commentary on the Psalms, Psalm 53.

English translation of Thomas Aquinas' Commentary on the Psalms, Psalm 54.

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)

The title of the article is Tommaso d’Aquino nel Novecento. Riflessioni sui diritti umani, in Civiltà del Mediterraneo. Genesi, sviluppi e prospettive dei diritti umani in Europa e nel Mediterraneo. 26-28 ottobre 2004, vol. 8-9, Guida, Napoli 2006, pp. 227-243., then published in Angelo Campodonico, L’esperienza integrale. Filosofia dell’uomo, della morale e della religione I, Orthotes 2016, pp. 293-309. The article concerns the topic of the development of the idea of human rights from Thomas Aquinas, the Second Scholastic towards (...) the Twentieth Century (in particular Jacques Maritain). (shrink)

Arguably one of the most fundamental phase shifts that occurred in the intellectual history of Western culture involved the ontological reduction of secondary qualities to primary qualities. To say the least, this reduction worked to undermine the foundations undergirding Aristotelian thought in support of a scientific view of the world based strictly on an examination of the real—primary— qualities of things. In this essay, I identify the so-called “Causal Argument” for a reductive view of secondary qualities and seek to deflect (...) this challenge by deriving some plausible consequences that support a non-reductive view of secondary qualities from an Aristotelian view (via the philosophical commentary of Thomas Aquinas). Specifically, my argument has two facets. First, I show that Aristotle’s view both implies recognition of the extramental existence of secondary qualities and is a prima facia natural view to take regarding the ontology of secondary qualities. Second, I show that the Causal Argument, which is thought to undermine a natural view of secondary qualities as real things, loses its bite when one examines perception in light the ontological relationship among the categories of quality, quantity and substance. (shrink)

In this paper I focus on the work of Sayyid Qutb and in particular his book Milestones, which is often regarded as the Communist Manifesto of Islamic fundamentalism. This paper has four main sections. First I outline Qutb’s political position and in particular examine his advocacy of offensive jihad. In section two I argue that there are a number of tendencies that make his position potentially more liberal that it is often taken to be. I here argue that there are (...) at least six reasons why Qutb’s position is not intrinsically as anti-liberal as it might at first appear. First, many western liberals, influenced by the social contract tradition, regard the legitimacy of their societies as based on popular sovereignty. Qutb, however, regards a society based on popular sovereignty, where law emerges from the will of man rather than the will of God, as a form of tyranny, so it would seem that he is in principle opposed to Western liberal societies. It is not clear, however, that we, or Islamic fundamentalist, need to regard Western liberal societies as based on popular sovereignty, for it is always possible to interpret Western political institutions through the lens of natural law theory, which was one of the main sources of the liberal tradition. In this section I will compare Qutb’s political philosophy with that of Aquinas to illustrate this point and suggest the possibility of secularists and puritan Islamists being able to form an overlapping consensus on the legitimacy of liberal Western societies. Secondly, there is an analogue to the social contract in Qutb’s own position as he believes that legitimate authority requires the free submission of the governed. Thirdly, Qutb is in principle a fallibilist about human reason; this fallibilism extends even to our capacity to interpret divine revelation. Fourthly, Islamic universalism requires that Muslims regard enemies they might be fighting as potential converts. Fifthly, Qutb, like most Sunni fundamentalists, is an implacable enemy of theocracy. And finally, Qutb is a gradualist. In the third section I argue that the real danger for liberal societies from believers in a position like Qutb’s is sociological rather than intrinsic to the ideology – specifically, that there is a danger that such groups may develop in a ‘Leninist’ direction. In the final section I argue that one of the main reasons for this danger is the lack of a consensus in the Islamic world about what it is to be a good, or even a true, Muslim, and that the slow emergence of some sort of consensus will require a vigorous public debate amongst Muslims. Western liberals should welcome such debate rather than fearing such, and should do all they can to ensure that civil society, both in Western societies and in predominantly Islamic societies, is open to such debate. (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)

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)

Can the persistence of a human being's soul at death and prior to the bodily resurrection be sufficient to guarantee that the resurrected human being is numerically identical to the human being who died? According to Thomas Aquinas, it can. Yet, given that Aquinas holds that the human being is identical to the composite of soul and body and ceases to exist at death, it's difficult to see how he can maintain this view. In this paper, I address Aquinas's (...) response to this objection . After making a crucial clarification concerning the nature of the non-repeatability principle on which the objection relies, I argue that the contemporary notion of immanent causal relations provides us with a way of understanding Aquinas's defence that renders it both highly interesting and philosophically plausible. (shrink)

As I read the texts of Aquinas and the state of the discussion among his interpreters on the question of the compatibility between creaturely freedom and divine providence, an alternative interpretation suggests itself. My impression is that traditional interpreters left Aquinas’ account of the relationships among human freedom, providence and divine goodness inadequately defended, while Maritain and Lonergan with fair intention subverted it, because their readings were hampered by libertarian intuitions about human freedom which Aquinas did not share. -/- Understanding (...) Aquinas’ account of freedom in compatibilist terms reveals greater coherence in his account of the nature of human freedom and the role our freedom plays in the created order than do accounts infected with libertarian notions of freedom. Once the compatibilist conception of freedom is comprehended, it functions like a lens of superior clarity through which other aspects of Aquinas’ thought concerning the created order can be seen afresh. Accordingly, our first task is to craft the lens itself: a compatibilist conception of freedom will be ground from the material available in Aquinas’ writing on the will, its acts, and their causes in a way unclouded by the apparent tensions between causality and freedom which libertarian intuitions introduce. Then grasping the compatibilist lens, we will see through it a coherent account of the high purpose in the plan of providence for free creatures. Finally, we will observe coherence in Aquinas’ account of the permission of sin and even the ultimate failure of free creatures through the perspective afforded by compatibilist freedom. (shrink)

In recent years, an active research program has emerged that aims to develop a Humean best-system account (BSA) of laws of nature that improves on Lewis’s canonical articulation of the view. Its guiding idea is that the laws are cognitive tools tailored to the specific needs and limitations of creatures like us. While current versions of this “pragmatic Humean” research program fare much better than Lewis’s account along many dimensions, I will argue that they have trouble making sense of certain (...) key features of the practice of fundamental physics. Indeed, these features seem to go against the very idea that laws are useful for agents like us. In my view, Humeans can address these issues by paying more attention to the explanatory role of laws. Following this idea, I will propose an account on which what makes a systematization the best is a kind of explanatory power, understood along the lines of the unificationist theory of explanation. The resulting view, I will argue, can make sense of those features of laws that other pragmatic accounts of laws have trouble explaining. (shrink)

In this paper, I argue that Goff's view that universal consciousness grounds logical laws such as the law of non-contradiction cannot be true on the grounds that we cannot guarantee the classical logic loving nature of universal consciousness that Goff desires in order to ground logical laws. I will present three arguments to show this.

The role of natural theology in St. Thomas Aquinas's early doctrine of (transcendental) trut, especially in question one of Aquinas's "Disputed Questions on Truth (De veritate).

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)

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)

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)

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.

Za „ojca” filozoficznej kategorii „godności”, która legła u podstaw kategorii prawnej, uznawany jest powszechnie Immanuel Kant. Przypomnieć jednak trzeba, że w bardzo podobny sposób, choć w zasadniczo odmiennym kontekście systemowym, charakteryzował godność Tomasz z Akwinu, pół tysiąca lat wcześniej, uznając ją za fundament bycia osobą. Stąd najistotniejszym i centralnym elementem, tytułowej, klasycznej koncepcji człowieka jest koncepcja godności. Akwinata jest autorem bodaj najbardziej rozbudowanej koncepcji osoby w tradycji filozofii klasycznej. Co więcej zmierzać będę do wykazania, że jego koncepcja lepiej nadaje się (...) do teoretycznego ugruntowania praw człowieka niż koncepcja Kanta. Rekonstruując propozycję Kanta ograniczam się, zasadniczo rzecz biorąc, do analizy Uzasadnienia metafizyki moralności. Interesować będą mnie zagadnienia podstawowe, przede wszystkim – wynikające z różnicy kontekstów systemowych – różnice w pojmowaniu bycia celem samym w sobie. W perspektywie ontologicznej koncentrować się będę na powiązaniu godności z indywidualnością; w perspektywie antropologicznej – na tym, jakiego typu działania stanowią o doskonałości człowieka, jakie działania (czym określone) realizują człowieka jako cel sam w sobie. W szczególności interesować się będę miejscem rozumu i woli w określaniu treści działań (w perspektywie kantowskiej będzie to pytanie o określenie treści powinności; w perspektywie Tomasza – pytanie o treść realizowanego dobra). Zasadnicze pytanie, które leży u podłoża podjętej problematyki antropologicznej, jest pytaniem o to, na ile dla pojmowania godności istotne jest uznanie woli jako w sposób wolny współokreślającej treść powinności (Kant) lub dobra (Akwinata), a na ile woli jedynie podążającej za poznaną powinnością lub poznanym dobrem. Zmierzać będę do uzasadnienia tezy, że koncepcja Akwinaty w ugruntowaniu godności akcentuje wprost indywidualność opartą na wyborze czegoś, co nie jest jednoznacznie treściowo obiektywnie zdeterminowane i co wykracza poza to, co powszechne, poza to, co gatunkowe; natomiast koncepcja Kanta godność wiąże przede wszystkim z tym, co powszechne, gatunkowe i zapoznaje doniosłość indywidualności dla pojmowania godności. (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)

Aquinas’s thought is often considered an exemplary balance between Christian faith and natural reason. However, it is not always sufficiently clear what such balance consists of. With respect to the relation between philosophical topics and the Christian faith, various scholars have advanced perspectives that, although supported by Aquinas’s texts, contrast one another. Some maintain that Aquinas elaborated his philosophical view without being under the influence of faith. Others believe that the Christian faith constitutes an indispensable component of Aquinas’s view; (...) at least when Aquinas focused on those statements that, though maintainable by mere reason, belong to the Christian revelation. In this essay I intend to show that the aforementioned perspectives can be reconciled on the basis of Aquinas’s concept of faith. If we do not limit ourselves to considering faith as the assent to the revealed truth, but also look at what leads the believer to assent—i.e., charity that unites the believer with God and is gratuitously conceded by God himself—then the relation between faith and reason appears to be twofold. On the one hand, the truths of faith cannot participate in the rational inquiry, because according to Aquinas faith lacks the evidence searched for by natural reason. On the other hand, since Aquinas holds that faith is the assent to the revelation due to the love for God that is granted by God himself, the believer will take faith as more certain than intellect and science, and the truths of faith will constitute the orientation and criterion of her/his rational investigation. The truths shall constitute orientation because the believer aims to confirm by reason what she/he already believes. They will also be criterion, because in case of a contradiction between rational arguments and revealed truths, reason must be considered mistaken and the rational investigation must start anew from the beginning. (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)