Nooreign

philosophy · 1260 – 1274

What Law Owes Reason

Aquinas argues that an unjust law is not a law at all, and that a law of any kind is a rational ordering measured against reason. The claim that legitimacy is a property of the rule's own structure — not of who enacted it — becomes the load-bearing stone under two millennia of later resistance, including the argument that a law adopted by a legislature is not thereby a rule anyone is bound by.

“Laws which are contrary to justice are not laws at all.”
— Thomas Aquinas, Summa theologiae I-II, q. 95, art. 3

Advances

  • Natural law distinguished from the positive law of any given polity
  • Unjust law dissociated from law proper, making legitimacy structural
  • The ruler as the minister of the common good rather than its owner

Landmarks

  1. 1260 CE

    Begins the Summa

    Three books on what can be known, what is being, and how humans are to live.

  2. 1274 CE

    The Second Book is completed

    The Law questions of I–II, q. 90-97, carry the natural-law argument in full.

Who was arguing

    Alignment stack at 1274 CE (0 of 20 techniques)

      Techniques introduced in this era: