LESSON 3: KINDS/ CLASSES OF LAW

 Aquinas thinks that happiness consists in achieving

OUTLINE
or in activities in accordance w/ virtue, but like
I Kinds/ Classes of Law
II Thomas Aquinas Agustin, Aquinas declares that ultimate happiness is
III 4 Primary Types of Law (Aquinas) not attainable in this life. For happiness in the
IV (1) Eternal Law present remains imperfect.
V (2) Natural Law
VI (3) Human Law  True happiness then, is to be found only in the souls
VII (4) Divine Law of the blessed in heaven or in beatitude w/ God.
VIII Summary
IX Hierarchy of Law according to Thomas Aquinas
 Central to Aquinas Ethics is his Typology of Laws.
 Aquinas Laws should be understood in terms of
rules & measures for ppl’s standards & as rational
patterns or forms.
KINDS/ CLASSES OF LAW
 As rational patterns or forms, obedience to the law
is thus, viewed as participating in or being in
conformity w/ this pattern or form.

4 PRIMARY TYPES OF LAW (AQUINAS)

(1) Eternal Law

(2) Natural Law
(3) Human Law
(4) Divine Law

 According to Thomas Aquinas (1) ETERNAL LAW

 Kinds/ Classes of Law:
 Eternal Law
 Natural Law
 Human Law
 Divine Law

THOMAS AQUINAS

 As God is the supreme ruler of everything, the

 Also known as the “Thomas Aquinas Ethics”
 Thomas Aquinas is also called the:
 Angelic doctor
 & The Prince of scholastics
 Is an Italian philosopher
 & theologian who ranks the most important thinkers
of the medieval time period.
 In ethics, Aquinas, depends so heavily on Aristotle,
 Like the Greek philosopher, Aquinas believes that
all actions are directed towards ends & that
happiness is the final end.
rational pattern/ form of the universe that exists in
his mind is the law that directs everything in the
universe to its appointed end.
 Everything in nature reflects the eternal law in their
own natures.
 Things act according to their nature & they derive
their proper ends or final causes according to the
law written into their nature.
 Eternal Law is the mind of God which humans
cannot know;
 Containing it are the laws which govern & control
the life cycle in everything in existence.
 Although, humans cannot fully know the eternal
law, they can occasionally glimpse reflections of it.
 For example:
 Through scientific knowledge of aspects of the
natural world.

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 L3:Kinds/ Classes of Law

(2) NATURAL LAW 3.) To know the truth about God & to live
peacefully in society
 The church thru its teaching is the
authentic interpreter of the natural law,
since mankind is subject to sin, grace &
revelation are necessary for moral truths
to be known by everyone w/ facility, w/
certainty & no error. Thus resulting to
peaceful & harmonious relationship w/
others in the community.

(3) HUMAN LAW

 Bcuz mankind is part of the eternal order, there is a

portion of the eternal law that relates specifically to
human conduct, this is the moral law;
 The law/ order to which ppl are subject by their
nature, ordering them to do good & avoid evil.
 This is the type of law that is primarily significant in
ethics & is knowable by natural reason.

 Bcuz the natural law is too broad to provide

particular guidance, the human laws: precise,
passive rules of behavior are supposed to spell out
what the natural law prescribes.
 More virtues are also reinforced & cultivated thru
this human laws.
 This human law includes the: civil & criminal laws,
though only those formulated in the likes of
practical reason & moral laws.
 Law is not about individual morality; individual
vices should be legislated against when they
threaten to harm others.
 Rulers of the state should take the general moral
 Natural law is our inherent natural tendency to
pursue the behavior & goals appropriate to us. precepts of nature & specify them into state laws.
 That good is to be promoted & evil is to be avoided.

1.) To survive  For example:

 Every man is bound to live by his rational  The recognance of murder is legislated into
nature & usually guided by reasons. punishment.
 The natural law expresses the dignity of
the person & determines the basis for his
fundamental rights & duties.
 Human laws that are therefore against the natural
 That is the reason why it is instinct for any
man to defend himself when his life is law are not real laws & ppl are not obliged to obey
being threatened. those unjust laws.

2.) To reproduce & educate offspring

 To pass on to the next generation, the
idea of promoting what is good &
avoiding what is evil.
 1st principle of the natural law is: Good
is to be done & pursued, & evil is to be
avoided. All other precepts of natural
law rest upon these.

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 L3:Kinds/ Classes of Law

(4) DIVINE LAW S U M M AR Y

1.) Eternal Law

 Law of God’s regulative reason.

2.) Natural Law

 The art of God’s law that is incorporated
into human nature.

3.) Human Law

 The law devised by man for specific
purposes.

4.) Divine Law

 The law that man receives by special
revelation from God.

 Tho concerned also w/ the external aspects of

conduct, the divine law is more focused on how
man can be inwardly Holy & eventually attain
Salvation.
 The divine law is the historical laws of scriptures
given to us through God’s self-revelation.
 Divided into the: Old law & New law.
 Which corresponds to old & new testaments of the
bible.
OLD LAW
HEIRARCHY OF LAW
 For Aquinas, human laws are derived from
natural law.
 Which is a participation in the eternal law,
therefore eternal law is @ the top, followed by
natural law, & then human law, divine law is the
revealed law of God to man.
 While natural law is the imprint of eternal law on
the hearts of man.

 The Old law prevailed by God to Moses is the 1st ^ This is the hierarchy of law according to Thomas Aquinas ^
stage of revealed law, its moral prescriptions are
summed up in the 10 commandments.
 It has an extrinsic focus, motivated by fear &
promises earthly rewards such as social peace.
 It also expresses immediate conclusions of the
natural moral law.

NEW LAW

 The new law, perfects the old law.

 The new law, thru the teachings of Jesus,
commands eternal conduct & reaches us by divine
love, promising love & heavenly reward.
 The new law, is the Holy Spirit given thru faith in
Christ, which heals & is expressed thru love.
 It gives interior strength to achieve what it teaches.
 It is also a written law found in Christ’s teachings, in
the:
 Sermon of the Mount
 The beatitudes
 & In the moral teachings of the Apostles

 They are summed up in the commandments of

love.

MERCADO, ROSEM ARY ERIN A. | BMLS1 - SECTION 2 3