On Law, Morality, and Politics

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ISBN: 9780872206632 | 0872206637
Cover: Paperback
Copyright: 11/1/2003

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The second edition retains the selection of texts presented in the first edition but offers them in new translations by Richard J Regan -- including that of his Aquinas, Treatise on Law (Hackett, 2000). A revised Introduction and glossary, an updated select bibliography, and the inclusion of summarising headnotes for each of the units -- Conscience, Law, Justice, Property, War and Killing, Obedience and Rebellion, and Practical Wisdom and Statecraft -- further enhance its usefulness.

Preface

xii

Note on the Text

xiii

Introduction

xiv

Biblical Abbreviations

xxvi

Alternate Abbreviations

xxvi

Works Cited by Aquinas

xxvii

Authors Cited by Aquinas

xxxi

1. Conscience

(9)

ST I, Q 79: On the Intellectual Powers of the Soul

(4)

A.12. Is Synderesis a Special Power of the Soul?

(2)

A.13. Is Conscience a Power?

(2)

ST I-II, Q 19: On the Goodness and Malice of Interior Acts of the Will

(5)

A.5. Is the Will Evil if It Wills Contrary to Erroneous Reason?

(3)

A.6. Is the Will Good if It Wills in Accord with Erroneous Reason?

(2)

2. Law

(87)

ST I-II, Q 90: On the Essence of Law

(6)

A.1. Does Law Belong to Reason?

(2)

A.2. Is Law Always Ordered to the Common Good?

(1)

A.3. Is Any Person's Reason Competent to Make Law?

(2)

A.4. Is Promulgation an Essential Component of Law?

(1)

ST I-II, Q 91: On Different Kinds of Law

(10)

A.1. Is There an Eternal Law?

(1)

A.2. Is There a Natural Law in Us?

(2)

A.3. Are There Human Laws?

(1)

A.4. Did Human Beings Need a Divine Law?

(2)

A.5. Is There Only One Divine Law?

(2)

A.6. Is There a Law of Concupiscence?

(2)

ST I-II, Q 92: On the Effects of Law

(4)

A.1. Is the Effect of Law to Make Human Beings Good?

(2)

A.2. Do We Suitably Designate Legal Acts?

(2)

ST I-II, Q 93: On the Eternal Law

(10)

A.1. Is the Eternal Law a Supreme Plan in God?

(2)

A.2. Do All Know the Eternal Law?

(1)

A.3. Is Every Law Derived from the Eternal Law?

(2)

A.4. Are Necessary and Eternal Things Subject to the Eternal Law?

(1)

A.5. Are Contingent Natural Things Subject to the Eternal Law?

(2)

A.6. Are All Human Affairs Subject to the Eternal Law?

(2)

ST I-II, Q 94: On the Natural Law

(11)

A.1. Is the Natural Law a Habit?

(2)

A.2. Does the Natural Law Include Several Precepts or Only One?

(2)

A.3. Do All Virtuous Acts Belong to the Natural Law?

(1)

A.4. Is the Natural Law the Same for All Human Beings?

(3)

A.5. Can the Natural Law Vary?

(2)

A.6. Can the Natural Law Be Excised from the Hearts of Human Beings?

(1)

ST I-II, Q 95: On Human Law

(8)

A.1. Was It Beneficial That Human Beings Establish Laws?

(2)

A.2. Is Every Human Law Derived from the Natural Law?

(2)

A.3. Does Isidore Appropriately Describe the Characteristics of Positive Law?

(2)

A.4. Does Isidore Appropriately Designate Kinds of Human Law?

(2)

ST I-II, Q 96: On the Power of Human Laws

(10)

A.1. Should Human Laws Be Framed in Particular Rather than General Terms?

(2)

A.2. Does It Belong to Human Laws to Prohibit All Vices?

(2)

A.3. Do Human Laws Command Every Virtuous Action?

(1)

A.4. Does Human Law Impose Obligation on Human Beings in the Court of Conscience?

(1)

A.5. Is Everyone Subject to the Law?

(2)

A.6. Are Those Subject to the Law Permitted to Act Contrary to the Letter of the Law?

(2)

ST I-II, Q 97: On Revision of Laws

(6)

A.1. Should Human Law Be Revised in Any Way?

(2)

A.2. Should Human Laws Always Be Revised for Something Better?

(1)

A.3. Can Customs Obtain the Force of Law?

(2)

A.4. Can the People's Rulers Dispense Subjects from Human Laws?

(1)

ST I-II, QQ 98-108: Note

(1)

ST I-II, Q 100: On the Moral Precepts of the Old Law

(17)

A.1. Do All the Moral Precepts of the Old Law Belong to the Natural Law?

(1)

A.2. Do the Moral Precepts of the Old Law Concern All Virtuous Acts?

(2)

A.3. Do We Trace All the Moral Precepts of the Old Law to the Ten Commandments?

(2)

A.8. Can Human Beings Be Dispensed from the Commandments of the Decalogue?

(2)

A.9. Does the Way of Virtue Fall under Command of the Law?

(3)

A.10. Does the Way of Charity Fall under Command of the Divine Law?

(2)

A.11. Do We Appropriately Mark Out Other Moral Precepts of the Law besides the Decalogue?

(3)

A.12. Did the Moral Precepts of the Old Law Make Human Beings Just?

(2)

ST I-II, Q 105: On the Reason for Precepts Governing the Administration of Justice

(4)

A.1. Did the Old Law Ordain Fitting Precepts Regarding Rulers?

(4)

3. Justice

(33)

ST II-II, Q 57: On Right

(7)

A.1. Is Right the Object of Justice?

(2)

A.2. Do We Appropriately Divide Right into Natural and Positive Right?

100

(1)

A.3. Is the Common Right of Peoples [Jus gentium] the Same as Natural Right?

101

(2)

A.4. Should We Distinguish Paternal Right and Master-Slave Right as Special Kinds of Right?

103

(2)

ST II-II, Q 58: On Justice

105

(18)

A.1. Do We Appropriately Define Justice as the Constant and Perpetual Will to Render to Others What Is Due Them?

105

A.2. Does Justice Always Consist of Relations to Others?

101

(8)

A.3. Is Justice a Virtue?

109

(1)

A.4. Does Justice Inhere in the Will as Its Subject?

110

(1)

A.5. Is Justice Virtue in General?

111

(1)

A.6. Is Justice in General Essentially Identical with All Virtue?

112

(2)

A.7. Besides Justice in General, Is There Particular Justice?

114

(2)

A.8. Does Particular Justice Have Special Subject Matter?

116

(1)

A.9. Does Justice Concern Emotions?

117

(2)

A.10. Is the Mean of Justice a Real Mean?

119

(1)

A.11. Do Acts of Justice Consist of Rendering to Others What Is Theirs?

120

(1)

A.12. Is Justice the Most Important Moral Virtue?

121

(2)

ST II-II, Q 61: On Particular Justice

123

(7)

A.1. Do We Appropriately Designate Distributive and Commutative Justice Species of Justice?

123

(2)

A.2. Do We Understand the Mean in Distributive and Commutative Justice in the Same Way?

125

(1)

A.3. Do Distributive and Commutative Justice Have Different Subject Matter?

126

(4)

4. Property

130

(34)

ST II-II, Q 66: On Theft and Robbery

130

(13)

A.1. Is the Possession of External Goods Natural to Human Beings?

130

(2)

A.2. Are Individuals Permitted to Possess Property as Their Own?

132

(2)

A.3. Does Secretly Taking Another's Property Belong to the Nature of Theft?

134

(1)

A.4. Are Theft and Robbery Specifically Different Sins?

135

(1)

A.5. Is Theft Always a Sin?

136

(2)

A.6. Is Theft a Mortal Sin?

138

(1)

A.7. May One Lawfully Steal out of Necessity?

139

(1)

A.8. Can One Commit Robbery without Sin?

140

(2)

A.9. Is Theft a More Serious Sin than Robbery?

142

(1)

ST II-II, Q 77: On Fraud in Buying and Selling

143

(5)

A.1. Can One Lawfully Sell Goods for More than They Are Worth?

143

(3)

A.4. Is It Lawful in Business to Sell Goods for More than One Paid for Them?

146

(2)

ST II-II, Q 78: On the Sin of Interest-Taking

148

(10)

A.1. Is It a Sin to Take Interest for Money Lent?

148

(3)

A.2. Can One Seek Any Other Advantage for Money Lent?

151

(4)

A.3. Are Persons Obliged to Return All of Their Profits from Money Obtained as Interest?

155

(1)

A.4. May One Lawfully Borrow Money Subject to the Payment of Interest?

156

(2)

ST II-II, Q 118: On Covetousness

158

(6)

A.1. Is Covetousness a Sin?

158

(2)

A.3. Is Covetousness Contrary to Generosity?

160

(1)

A.7. Is Covetousness a Capital Sin?

161

(3)

5. War and Killing

164

(9)

ST II-II, Q 40: On War

164

(3)

A.1. Is It Always Sinful to Wage War?

164

(3)

ST II-II, Q 64: On Homicide

167

(6)

A.6. Is It Ever Lawful to Kill an Innocent Person?

167

(2)

A.7. Is It Lawful for a Person to Kill Another in Self-Defense?

169

(2)

A.8. Is One Who Accidentally Kills Another Guilty of Homicide?

171

(2)

6. Obedience and Rebellion

173

(17)

ST II-II, Q 104: On Obedience

173

(13)

A.1. Is One Human Being Obliged to Obey Another?

173

(2)

A.2. Is Obedience a Special Virtue?

175

A.3. Is Obedience the Greatest Virtue?

118

(62)

A.4. Should One Obey God in All Things?

180

(2)

A.5. Are Subjects Obliged to Obey Their Superiors in All Things?

182

(2)

A.6. Are Christians Obliged to Obey Secular Authorities?

184

(2)

ST II-II, Q 60: On Legal Judgment

186

(2)

A.6. Does Usurpation Render Legal Judgments Unjust?

186

(2)

ST II-II, Q 42: On Rebellion

188

(2)

A.2. Is Rebellion Always a Mortal Sin?

188

(2)

7. Tolerance and Church-State Relations

190

(7)

ST II-II, Q 10: On Unbelief in General

190

(4)

A.8. Should Unbelievers Be Compelled to Embrace the Faith?

190

(2)

A.11. Should the Religious Rites of Unbelievers Be Tolerated?

192

(2)

ST II-II, Q 11: On Heresy

194

(2)

A.3. Should Heretics Be Tolerated?

194

(2)

CS II, Distinction 44: On the Relation of the Spiritual Power to the Secular Power

196

(1)

CS IV, Distinction 37: On the Church's Power to Command the Secular Power

196

(1)

8. Practical Wisdom and Statecraft

197

(6)

ST II-II, Q 47: On Practical Wisdom as Such

197

(3)

A.10. Does Practical Wisdom Include the Governance of Peoples?

197

(2)

A.11. Is Practical Wisdom Regarding One's Own Good Specifically the Same as Practical Wisdom Including the Common Good?

199

(1)

ST II-II, Q 50: On the Constitutive Parts of Practical Wisdom

200

(3)

A.1. Should We Designate Kingly Wisdom in Governance a Species of Practical Wisdom?

200

(2)

A.2. Do We Appropriately Designate Political Wisdom Part of Practical Wisdom?

202

(1)

On Kingship, to the King of Cyprus I,1: What the Name King Signifies

203

(4)

On Kingship, to the King of Cyprus I,6: How to Prevent Kings Lapsing into Tyranny

207

(4)

Glossary

211

(7)

Select Bibliography

218

(4)

Index

222

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