THOMAS AQUINAS’ NATURAL LAW THEORY: A STANDARD FOR HUMAN POSITIVE LAW
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- NGN 3000
ABSTRACT
The law presents itself as body of meaning open to discovery, interpretation, application, criticism, development and change. Law has been portrayed as a mode of communication, through which lawmaker convey certain standards or norms to the larger community by legal theories. More so, law has been discussed to be a vehicle, conveying a message from the speak to an intended audience. Law is no doubt viewed in relation with morality. Many philosophers of different epochs have philosophized on law and its applicability to the human society. According to Thomas Aquinas Law is a rule and measure of acts, whereby man is induced to act or is restrained from acting. Correspondingly, some of the philosophers dealt with the law of nature or the law of reason, which Thomas Aquinas referred to as Natural law. Some of such philosophers include Plato, Aristotle, the Stoics, and St Augustine etc. Hence this study exposed and analyzed St. Thomas Aquinas’ Natural Law theory. The study adopted the expository and analytic methodology as its method of analysis. Thomas Aquinas took a critical study on natural law, which in his opinion is the law of which the ultimate efficient cause (GOD) infused in man commanding him to do good and avoid evil in order that he (man) may attain his end. Natural law appeals to reason that naturally has the capacity of discovering it. Having presented Thomas Aquinas’ natural law as a universal natural precept intended by nature to regulate human conduct, it is therefore concluded that any human positive law that does not conform to the natural law is seen as “ipso facto” - devoid of binding force. The study also concluded that conventionalism of human law should not be denied; nevertheless we should not forget that it is rooted in the natural law. More so, human law when denied of its foundation (natural law) becomes empty words, arbitrary and not leading to virtue.
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