Commentary on Thomas Aquinas's Treatise on law / J. Budziszewski, Departments of Government and Philosophy, University of Texas at Austin.
2014
K230.T54 B83 2014 (Map It)
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Title
Commentary on Thomas Aquinas's Treatise on law / J. Budziszewski, Departments of Government and Philosophy, University of Texas at Austin.
Published
New York, NY : Cambridge University Press, 2014.
Call Number
K230.T54 B83 2014
ISBN
9781107029392 (hardback)
1107029392 (hardback)
1107029392 (hardback)
Description
xliii, 475 pages ; 24 cm
System Control No.
(OCoLC)877852699
Summary
"Natural moral law stands at the center of Western ethics and jurisprudence and plays a leading role in interreligious dialogue. Although the greatest source of the classical natural law tradition is Thomas Aquinas' Treatise on Law, the Treatise is notoriously difficult, especially for nonspecialists. J. Budziszewski has made this formidable work luminous. This book - the first classically styled, line by line commentary on the Treatise in centuries - reaches out to philosophers, theologians, social scientists, students, and general readers alike. Budziszewski shows how the Treatise facilitates a dialogue between author and reader. Explaining and expanding upon the text in light of modern philosophical developments, he expounds this work of the great thinker not by diminishing his reasoning, but by amplifying it"-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references and index.
Includes
Thomas, Aquinas, Saint, 1225?-1274. Summa theologica. Prima secundae. Quaestio 90-97. English.
Record Appears in
Table of Contents
Contents of the Online Companion to the Commentary
xi
Acknowledgments
xv
St. Thomas's Prayer Ante Studium ("Before")
xvii
Diagram of the Architecture of Law
xviii
Introduction
xix
I.
Law Itself, in General (Questions 90--92, All Included in This Commentary)
1
Before Reading Question 90
1
St. Thomas's Prologue to Questions 90--92
5
A.
The essence of law (Question 90)
5
1.
Whether law is something pertaining to reason? (Question 90, Article 1)
12
2.
Concerning the end of law -- in particular, whether the law is always something directed to the common good? (Question 90, Article 2)
27
3.
Concerning its cause -- in particular, whether the reason of any man is competent to make laws? (Question 90, Article 3)
39
4.
Concerning its promulgation -- in particular, whether promulgation is essential to a law? (Question 90, Article 4)
49
Before Reading Question 91
57
St. Thomas's Prologue to Question 91
59
B.
The different kinds of law (Question 91)
59
1.
Whether there is an eternal law? (Question 91, Article 1)
61
2.
Whether there is a natural law? (Question 91, Article 2)
71
3.
Whether there is a human law? (Question 91, Article 3)
85
4.
Whether there is a Divine law? (Question 91, Article 4)
95
5.
Whether there is one Divine law, or several? (Question 91, Article 5)
111
6.
Whether there is a law of sin? (Question 91, Article 6)
123
Before reading Question 92
136
St. Thomas's Prologue to Question 92
137
C.
The effects of law (Question 92)
137
1.
Whether an effect of law is to make men good? (Question 92, Article 1)
138
2.
Whether the effects of law are to command, to forbid, to permit, and to punish, as the Jurist states? (Question 92, Article 2)
149
II.
The Parts of Law (Questions 93--108; This Commentary Includes Questions 93--97, and the Online Companion to the Commentary Includes Additional Commentary on Excerpts From Questions 97--108)
159
Before Reading Question 93
159
St. Thomas's Prologue to Questions 93--108
163
A.
Of the eternal law (Question 93)
163
1.
What is the eternal law -- in particular, whether the eternal law is a sovereign type [ratio] existing in God? (Question 93, Article 1)
164
2.
Whether the eternal law is known to all? (Question 93, Article 2)
174
3.
Whether every law is derived from the eternal law? (Question 93, Article 3)
182
4.
Whether necessary and eternal things are subject to the eternal law? (Question 93, Article 4)
191
5.
Whether natural contingents are subject to the eternal law? (Question 93, Article 5)
201
6.
Whether all human affairs are subject to the eternal law? (Question 93, Article 6)
211
Before Reading Question 94
224
St. Thomas's Prologue to Question 94
228
B.
Of the natural law (Question 94)
228
1.
What is the natural law -- in particular, whether it is a habit? (Question 94, Article 1)
229
2.
What are the precepts of the natural law -- in particular, whether it contains several precepts, or only one? (Question 94, Article 2)
237
3.
Whether all acts of virtue are prescribed by the natural law? (Question 94, Article 3)
256
4.
Whether the natural law is the same in all men? (Question 94, Article 4)
263
5.
Whether the natural law can be changed? (Question 94, Article 5)
277
6.
Whether the natural law can be abolished from the heart of man? (Question 94, Article 6)
290
Before Reading Question 95
299
St. Thomas's Prologue to Question 95
300
C.
Of human law (Questions 95--97)
300
1.
Considered in itself (Question 95)
300
a.
Its utility: Whether it was useful for laws to be framed by men? (Question 95, Article 1)
302
b.
Its origin: Whether every human law is derived from the natural law? (Question 95, Article 2)
311
c.
Its quality: Whether Isidore's description of the quality of positive law is appropriate? (Question 95, Article 3)
322
d.
Its division: Whether Isidore's division of human laws is appropriate? (Question 95, Article 4)
332
Before Reading Question 96
346
St. Thomas's Prologue to Question 96
348
2.
Its power (Question 96)
348
a.
Whether human law should be framed for the community rather than the individual? (Question 96, Article 1)
349
b.
Whether human law should repress all vices? (Question 96, Article 2)
359
c.
Whether human law is competent to direct all acts of virtue? (Question 96, Article 3)
371
d.
Whether it binds a man in conscience? (Question 96, Article 4)
379
e.
Whether all men are subject to human laws? (Question 96, Article 5)
393
f.
Whether those who are under the law may act beside the letter of the law? (Question 96, Article 6)
406
Before Reading Question 97
418
St. Thomas's Prologue to Question 97
420
3.
Its mutability (Question 97)
420
a.
Whether human law is changeable? (Question 97, Article 1)
421
b.
Whether it should be always changed, whenever anything better occurs? (Question 97, Article 2)
429
c.
Whether it is abolished by custom, and whether custom obtains the force of law? (Question 97, Article 3)
436
d.
Whether the application of human law should be changed by dispensation of those in authority? (Question 97, Article 4)
449
Index
461