Erica Neely ([info]elneely) wrote,
@ 2005-08-30 22:50:00
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Aquinas on Natural Law
Aquinas argues that laws are to benefit the common good - we still argue about this today. Mainly, however, we are not debating whether laws should benefit the common good but whether particular laws are benefitting that good. This is especially true in the cases where it is unclear whether the laws impact public (as opposed to merely private) behavior: gay marriage, sex, drugs, porn, seat belt laws, abortion...the list goes on. A key element of all of these debates, however, is whether the actions in question are purely a matter of personal choice, affecting no one except the actor, or whether the acts have ramifications for the society as a whole. We might object to certain kinds of drug use on the grounds that they turn people into homicidal maniacs, for instance, but what about a drug that just made people stay at home being happy? Does society have a right - or even a responsibility - to regulate this? We argue about this still.

Aquinas also has a curious argument in his section about eternal law. One of the objections he considers claims that it makes no sense to speak of eternal law because a) something is only a law if the object it applies to exists (after all, there's no point making laws about ghosts if they don't exist) and b) nothing but God is eternal. Since the laws aren't about God (the only eternal thing) they must be about non-eternal things; hence the laws themselves are not eternal. Aquinas avoids this by arguing that all things exist in potential in God, and this is all that is needed; once there are trees and rocks, the law of gravity will fall into place as well.

This might seem odd, but consider this: we talk and reason about things which exist only in potential every day - they're called "ideas." Karl Capek wrote his play "R.U.R." about a race of mechanical beings and how they interacted with humans - a race he called "robots." At the time, nothing resembling a robot existed (in fact, this is how "robot" was introduced into English). This did not stop Capek from reasoning about them, of course; he simply reasoned and invented about them in potential, not in actual fact.

Aquinas might be a strongly Christian philosopher, and many of the questions he was concerned with may seem irrelevant to people today, but the most secular and modern thinker can see the echoes of his thought in issues we consider today.


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[info]madfilkentist
2005-08-31 12:55 pm UTC (link)
The concept of the "common good" is a shaky one. The good of each person is a personal thing, in many respects impossible to assess by other people. The goods of different people really aren't commensurable. When you try to achieve the "common good," in the utilitarian sense of "the greatest good for the greatest number," you have to weigh the cost to one person against the benefit to another. There's no meaningful way to do this.

When the matter is purely one of personal choice, the issue is a somewhat different one. Here you aren't trying to measure A's good against B, but A's good making one set of choices as opposed to another set of choices. There are two problems here. One is the problem of measuring another person's good; I may (hypothetically) know which of two choices will make you richer or healthier or smarter, but knowing which is better for you is much more difficult.

Part of the difficulty is that whether it's better for you depends on the way that you make the choice. If you take or don't take an action simply out of fear of what I will do to you, then you don't learn from the choice, and you're apt to resent being made to do it. For example, people are apt to increase the degree to which they engage in other risky behavior if they're prevented from taking certain risks.

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[info]elneely
2005-08-31 02:03 pm UTC (link)
The concept of the "common good" is a shaky one. The good of each person is a personal thing, in many respects impossible to assess by other people.

I agree with a lot of what you're saying, but this seems too extreme. There are needs common to all humans: food, shelter, safety, etc. (Maslov's hierarchy of needs is relevant here.) Hobbes would say that the reason we have any state is because it's more efficient to pursue those goods together - we're more likely to get what we need if we work together rather than remaining in the state of nature, constantly competing.

Clearly modern views on what law should do go vastly beyond this. But there do seem to be some goods which are common to all people and which a state may legitimately make laws to enforce. (Hence we have a law against murder because that is a denial of a particular common good (safety) to a member of society.)

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[info]madfilkentist
2005-08-31 04:46 pm UTC (link)
Hobbes concluded that to avoid the dreaded state of nature, there must be an absolute ruler. I'd say that indicates a flaw somewhere in his reasoning.

An alternative to the common-good approach -- or, if you prefer, a different way of defining the common good -- is that there are preconditions to people's being able to pursue their own good and being able to assist one another while avoiding mutually destructive actions. A system of laws based on rights provides this. For example, you can't very well earn a living if anyone can rob you with impunity. Hence there are laws against murder, robbery, etc. But these laws don't specify what actions people must take; they simply restrain people from taking certain actions which are destructive to others.

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