1.) I agree that on the theory of Aquinas that law is a rule that should be followed that influences a person to do and omit an action. Law was drawn from the concept of “binding”, because it is the force that will obligate every human to act. The theory of Aquinas that reason is the ultimate source of human acts and law measures the behavior and conduct of persons. Thus, it can be concluded that reason is innate in every person because it obliges one to act in order to reach an end.
Therefore, law was created to govern man and to put order in every community. A reasonable and prudent person will obey the law. A person who acts and does not use reason before doing an act may result to a negative outcome. The classic theory of Aquinas has been synonymous to the belief of Aristotle that every human being desires for his own happiness by being ethical and by following the law. Both philosophers believe that human actions are done for the sake of an end goal, which is to be happy.
2.) Aquinas believed that laws are established to assess human actions. It is important that man is ethical in his actions. Thus, the best measure to follow the law involves the activity of expressing reason, human virtue and excellence. The characteristic activity of a human being is that his actions can be gauged by different kinds of measures. Thus, laws must also conform to the environment, culture and traditions of human beings to motivate positive action.
In can be inferred from the statement of Aquinas that the power to act will depend on how the person perceives a thing to be, depending on his mental capacity and use of reason. Hence, children and adults are not expected to have the same power to act since adults have discernment that the children do not possess.
The meaning of the statement of Aquinas can be illustrated in a situation when the law provides punishment for act or crimes committed by the adults, which may not be considered punishable when it a minor or child who committed the same act.
Thus, the law conforms to the actor or the doer of the action. In the case of crimes such as murder, assault, robbery or larceny, the law has expressly provided for specific penalties when the crimes were committed by adults. In the case of young children, there is a tendency that they will be absolved from any criminal liability.
Human beings are expected be ethical and virtuous will lead to man’s happiness. Such ideology of Aquinas was affirmed by Aristotle when he said that happiness for human beings refers to the life of activity expressing reason. Thus, it can be concluded that happiness means living a life that expresses virtues. In fact, man can have an imperfect virtue which falls short for being a vice.
Human law does not necessarily prohibit all types of vices, but the serious kinds of vices are prohibited by law since it can inflict harm to other people. The order in human society can only preserved by imposing laws. Hence, human laws do not allow persons to commit murders and thefts because it inflicts physical and moral injuries to others. According to Aquinas, human beings should be allowed to use of their own free for the purpose of achieving the goodness and perfection of their natural being.
Works Cited:
De Young, Rebecca, McCluskey, Coleen and Christina Van Dyke. Aquinas Ethics. Indiana: University of Notre Dame, 2009. Print.
