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Aquinas View on Law
A.1
Aquinas states that human law should not be changed in any way. He explains that whatever rule applies to the lower caste of people should apply to the upper caste. Therefore, any interference with the law is a perversion of justice. Human law is based on moral content and should, therefore, bear all its characteristics (Garret Par 5). As such, since the moral content of a community does not change, so human law should not change.
A.2
Aquinas states that human law should change from time to time based on the situation. Long term moral authority differs from one generation to the other. What is viewed wrong now may be acceptable twenty years from now. Thus, it is impossible to stagnate laws. However, he states that changes in the law should not be taken lightly and should only occur when it is necessary and important (Garret Par 7). As such, law must be under constant review to avoid abrupt changes.
A.3
Aquinas states that customs can obtain the force of law. He explains that traditions are partly part of the law. He argues that for the law to raise respect, it has to be part of the customs. Thus, if the customs of any society are made powerless, then the laws themselves will have no impact. Therefore, he advises that states must base their laws on the prevailing customs (Garret par). To support his arguments, he shows that human law differs from region to region.
A.4
Rulers cannot dispense the law. Aquinas argues that rulers are bound to be corrupted by the systems of human nature, such as favoritism and other vices. Therefore, their law may be unjust and unfair. They are prone to circumstances that lead to the perversion of justice (Garret 9). Thus, he proposes that it is better to seek a small group of people who can dispense justice correctly, even in the absence of law than a large number of people and individuals in need of power.
Work Cited
Garret, Jan. “ Aquinas On Law” Western Kentucky University (2020). https://people.wku.edu/jan.garrett/302/aquinlaw.htm