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CLASSICS IN POLITICAL PHILOSOPHY
James Fieser
1/1/2022
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CONTENTS
• Thomas Aquinas — Natural Law (from Summa Theologica and On the
Governance of Rulers)
• Dante Alighieri — World Government (from On Monarchy)
• Thomas More — Utopia (from Utopia)
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THOMAS AQUINAS: NATURAL LAW
Thomas Aquinas (1225–1274) was born in what is now central Italy, and spent
his life as a priest and scholar in the Roman Catholic Church. His most famous
work is the voluminous Summa Theologica, which contains an influential
account of natural law. In brief, God embeds various values within our natural
instincts, which we discover through reason; these provide the substance of both
our morals and laws. Part of Aquinas’s motivation is to explain why natural law
is universal, yet at the same time laws of particular countries can dramatically
vary. For Aquinas, there are four kinds of law. Eternal law is God’s unchanging
laws of the universe. Natural law is a subset of eternal law, which God implants
in human instincts and we discover through reflection. These include general
rules, such as “don’t harm others.” Human law is an effort by humans to take
the general principles of natural law and deduce specific applications from them,
such as “don’t write bad checks.” Finally, divine law, as contained in the Bible,
is a revealed portion of the eternal law that reinforces some principles of natural
and human law, and adds special religious ones.
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Concerning natural law, Aquinas argues that there is one highest
principle from which all others are derived: “Good is to be done and evil is to be
avoided.” We determine what is “good” for us by looking at our human
inclinations, and he lists six relevant ones: self-preservation, sexual intercourse,
educating our offspring, rationality, knowledge of God, and living in society.
From these we infer six primary principles of natural law: (1) preserve human
life, (2) procreate, (3) educate your children, (4) shun ignorance, (5) worship
God, and (6) be sociable and do not harm others. Each of these primary
principles encompasses more specific or secondary principles. For example, the
primary principle “do not harm others” implies the secondary principles “don’t
steal” and “don’t kill.” These, in turn, imply even more specific or tertiary
principles, such as “don’t write bad checks.” As the principles become more
specific, they leave the domain of natural law and enter that of human law. When
considering whether natural law is the same in all people, Aquinas argues that
the primary principles are common to everyone, such as “do not harm others.”
However, more particular tertiary derivations of human law are not necessarily
common to all societies. He argues that human law carries the force of natural
law if they are derived correctly; however, “if in any point it diverges from the
law of nature, it is no longer a law but a perversion of law.”
Aquinas next considers whether people were initially designed in the state
of innocence (i.e., the Garden of Eden) to rule over others, and he argues that
there is indeed a natural inequality among people. However, while there is a
natural master-subject relation, there is no master-slave relation. In selections
from another work titled On the Governance of Rulers, Aquinas explains the
nature and responsibility of kings. People naturally need a ruler to be guided to
their proper end, since we were not naturally designed to survive alone. The
King’s main three obligations are to establish the good life for his subjects,
preserve that good life, and improve upon it. In a final selection from Summa
Theologica, Aquinas articulates three necessary criteria for any war to be
morally just. First, it must be declared by the proper authority; private
individuals cannot declare war or summon people to fight. Second, there must be
a just cause, such as to address some fault or make amends for some wrong done
by a rival country. Third, it must proceed from rightful intention, particularly the
advancement of good, or the avoidance of evil.
FOUR KINDS OF LAW (from Summa Theologica)
Whether there is an Eternal Law (ST 1a2ae.91.1)
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A law is nothing else but a dictate of practical reason originating from the ruler
who governs a perfect community. Now it is evident, granted that the world is
ruled by Divine Providence, … that the whole community of the universe is
governed by Divine Reason. For this reason the very Idea of the government of
things in God the Ruler of the universe, has the nature of a law. Since the Divine
Reason’s conception of things is not subject to time but is eternal, according to
Proverbs 8:23, therefore it is that this kind of law must be called eternal.
Whether there is in us a Natural Law (ST 1a2ae.91.2)
Law, being a rule and measure, can be in a person in two ways: in one way, as in
him that rules and measures; in another way, as in that which is ruled and
measured, since a thing is ruled and measured, in so far as it partakes of the rule
or measure. For this reason, since all things subject to Divine providence are
ruled and measured by the eternal law, as was stated above. It is evident that all
things partake somewhat of the eternal law, in so far as, namely, from its being
imprinted on them, they derive their respective inclinations to their proper acts
and ends. Now among all others, the rational creature is subject to Divine
providence in the most excellent way, in so far as it partakes of a share of
providence, by being provident both for itself and for others. For this reason it
has a share of the Eternal Reason, whereby it has a natural inclination to its
proper act and end. This participation of the eternal law in the rational creature is
called the natural law. Hence the Psalmist after saying (Palms 4:6): “Offer up the
sacrifice of justice,” as though someone asked what the works of justice are,
adds: “Many say, Who showeth us good things?” in answer to which question he
says: “The light of Thy countenance, O Lord, is signed upon us”: thus implying
that the light of natural reason, whereby we discern what is good and what is
evil, which is the function of the natural law, is nothing else than an imprint on
us of the Divine light. It is therefore evident that the natural law is nothing else
than the rational creature’s participation in the eternal law.
Whether there is Human Law (ST 1a2ae.91.3)
A law is a dictate of the practical reason. Now it is to be observed that the same
procedure takes place in the practical and in the speculative reason. For each
proceeds from principles to conclusions, as stated above. In the speculative
reason, from naturally known indemonstrable principles, we draw the
conclusions of the various sciences, the knowledge of which is not imparted to
us by nature, but acquired by the efforts of reason. So too it is from the precepts
of the natural law, as from general and indemonstrable principles, that the human
reason needs to proceed to the more particular determination of certain matters.
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These particular determinations, devised by human reason, are called human
laws, provided the other essential conditions of law be observed . . . . For this
reason Cicero says in his Rhetoric that “justice has its source in nature; from this
certain things came into custom by reason of their utility; afterwards these things
which originated from nature and were approved by custom, were sanctioned by
fear and reverence for the law.”
Whether there was any Need for a Divine Law (ST 1a2ae.91.4)
Besides the natural and the human law it was necessary for the directing of
human conduct to have a Divine law. This is so for four reasons. First, because it
is by law that man is directed how to perform his proper acts in view of his last
end. Indeed if man were ordained to no other end than that which is
proportionate to his natural faculty, there would be no need for man to have any
further direction of the part of his reason, besides the natural law and human law
which is derived from it. But since man is ordained to an end of eternal
happiness which is disproportionate to man’s natural faculty … therefore it was
necessary that, besides the natural and the human law, man should be directed to
his end by a law given by God. Secondly, because, on account of the uncertainty
of human judgment, especially on contingent and particular matters, different
people form different judgments on human acts. From this different and contrary
[human] laws also result. In order, therefore, that man may know without any
doubt what he ought to do and what he ought to avoid, it was necessary for man
to be directed in his proper acts by a law given by God, for it is certain that such
a law cannot err.
Thirdly, because man can make laws in those matters of which he is
competent to judge. But man is not competent to judge of internal movements,
that are hidden, but only of external acts which appear: and yet for the perfection
of virtue it is necessary for man to conduct himself aright in both kinds of acts.
Consequently human law could not sufficiently curb and direct internal acts; and
it was necessary for this purpose that a Divine law should also come about.
Fourthly, because, as Augustine says, human law cannot punish or forbid all evil
deeds. Since while aiming at doing away with all evils, it would do away with
many good things, and would hinder the advance of the common good, which is
necessary for human intercourse. In order, therefore, that no evil might remain
unforbidden and unpunished, it was necessary for the Divine law to supervene,
whereby all sins are forbidden.
These four causes are touched upon in Psalms. 118:8, where it is said:
“The law of the Lord is unspotted,” i.e. allowing no foulness of sin; “converting
souls,” because it directs not only external, but also internal acts; “the testimony
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