Jurisprudence

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Jurisprudence

• By Tori, Paola, Brad, and Adam

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The Philosophy of Law

• The most common question a lawyer asks themselves
  is what is the law on a particular issue? This
  question differs according to a particular
  jurisdiction in which they are asked.
• In comparison, the philosophy of law deals with
  the more general question of what is law? This
  question about the nature of law predicts that
  the law is a unique social and political
  experience with more or less universal
  characteristics that can be determined through
  philosophical analysis.
• The philosophical inquiry of the nature of law is
  known as the general jurisprudence. It says that
  the law possesses certain aspects through nature,
  essence, law, and where and when it occurs.

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The Philosophy of Law

• There is an intellectual interest in perceiving
  such a complex social experience in the
  philosophy of law. Law can also have normal
  social practices including purposes to guide
  human behaviour, giving reasons of action. These
  two practices of law are strongly linked. Not
  only is law about culture, morality, religion,
  social convention, and etiquette it is also
  about guiding human conduct in relation to law.
  
• Therefore, to understand the nature and
  philosophy of law, we must understand how law
  differs from these similar normative domains, how
  it interacts with them, and whether it depends on
  other normative orders.

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Biography St. Thomas Aquinas

• St. Thomas Aquinas (1225-1274)
• Dominican friar who incorporated Aristotles
  theories into theology a priest and doctor of the
  Church
• Aquinas said that ethics comes from the end that
  is inscribed in the nature of all creatures at a
  persons core is a desire for the good
• Aquinas equated God with the highest good the
  fullness a good life is not to be found on earth
  the full good life only comes in the resurrection
  as Gods pure gift
• People can live the good life by using their
  intelligence and other capabilities such as their
  senses, and by following natural law nothing
  other than the light of understanding placed in
  us by God through it we know what we must do and
  what we must avoid.

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Biography St. Thomas Aquinas

• Believed successful people have four virtues,
  also known as the cardinal virtues, the hinges
  that support life (cardo-latin for hinge)1)
  prudence (know how to reason well in moral
  decision making)2) temperance (remain moderate
  in the exercise of emotions)3) fortitude (how to
  be courageous in the face of lifes
  difficulties)4) justice (how to act well in
  relation to others)
• Gods gift of Jesus and the Holy Spirit changes
  the way we define what is good the theological
  virtues of faith, hope and charity begin as a
  pure gift. I.e. charity it is because God lives
  us that we can love othersOur response this gift
  is to accept it, give praise and thanks, and live
  inaccordance with the gift

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Summary St Thomas Aquinas

• Medieval Christian Theologians played a huge
  influence in the nature of law. Medieval thinkers
  believed that unity of the spirit and earthly
  worlds, where science and rationalism were
  consistent with Christian truth. The belief of
  unity supported a theory of law in which
  church-made laws were to rule over civil/human
  made laws. Saint Thomas Aquinas was a Dominican
  monk. He believed that law mirrored a natural
  world order made known to humans by their own
  process of reasoning and by the divine relation
  of Christian philosophers. St. Thomas wrote his
  works Summa Theologica and was greatly
  influenced by Plato and Aristotle.

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Influence on St. Thomas Aquinas

• Aristotles Influence
• Similar to Aristotle, Aquinas believed that
  there is a strong connection between law and
  reason. (Aquinas says that reasoning ultimately
  results to good and avoids the bad)

• Platos Influences
• Similar to Plato, Aquinas believed of the
  example of refusing to restore goods held in
  trust to an owner who intended to use them in a
  revolt against the state.

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Quote Aristotle

• It is in justice that the ordering of society
  is centered- Aristotle

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Quote Plato

• Good people do not need laws to tell them to
  act responsibly, while bad people will find a way
  around the laws.- Plato

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St. Thomas The Good

• St. Thomas Aquinas confirmed that doing good and
  avoiding evil is the first rule from which all
  others derive. He says that all the order of
  rules of natural law accords with natural human
  inclinations to preserve human life, to
  reproduce, to educated offspring, to know the
  truth about God, to live society, to shun
  ignorance, and to avoid offending others.

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St. Thomas Eternal, Natural and Human Law

• Aquinas was concerned with Eternal, Natural and
  Human law. He said that eternal law is the
  eternal government that is followed by the divine
  will of God. The natural law was the imprinting
  of eternal law on humans. Lastly, human law was
  view as training and habituating to become
  virtuous.

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St. Thomas Aquinas Contribution to Jurisprudence

• St. Thomas philosophy of law is heavily
  influenced by the teachings and doctrines of the
  Roman Catholic Church. St Thomas Aquinas
  contributed to jurisprudence through his
  teachings and belief that justice and rights
  spring from natural law rather then human law.
  Aquinas is credited with having a major influence
  on modern human rights theories on law. St.
  Thomas Aquinas has also drawn distinctions among
  eternal law natural law and human law.

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Charter of Rights and Freedoms in Relation to
Natural Law

• The Charter of Rights and Freedoms recognizes
  the principles of Natural law. This means that we
  are governed by the will of God and that law is
  most important. The Charter cannot take away any
  rights or freedoms that are essential to
  preserving human life.

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Our Beliefs As A Group

• We believe that humans in their nature strive to
  perform good acts, and one of these good acts is
  to from society for protection. If we were not
  born to do these things our original societies
  would never have been formed. If these people in
  those societies were not good to one another
  these cities would fall apart. We believe that
  all humans strive to find out their origins and
  try to better understand why we are and what our
  purpose is that we are to fulfil with our time on
  earth, but we would not say it is a call to God
  though, but instead and understanding of why we
  are.

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Quick Facts

• The patron of Universities and Students ?
  considered by many Catholics to be the Catholic
  Church's greatest theologian and philosopher.
• Born c.1225 at Aquino, Naples, Italy
• Memorial Day / Feast Day 28th January
• Date of Death Saint Thomas Aquinas died on 7
  March 1274 at Fossanova Abbey, Lazio, Italy
• Cause of Death Natural Causes ? was a Confessor
  ? Confessors are people who died natural deaths

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Youtube

• http//www.youtube.com/watch?v1hzb-HcxUl4
• (info video)
• http//www.youtube.com/watch?vnYCxtvlqmeA
• (Eucharist video 2 min)

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Multiple Choice Questions

• 1) What natural law did St. Thomas Aquinas
  believe in?
• Culture
• Morality
• Religion
• 2) What were the three types of laws Aquinas was
  concerned with?
• Eternal, Natural, and Human
• Unity, Spiritual, Good
• Eternal, Unity, Natural
• 3) Aquinas believed that successful people have
  four virtues, what are they?
• Prudence, Love, Faith, Justice
• Faith, Self Control, Respect, Temperance
• Justice, Respect, Kindness, Faith
• Temperance, Prudence, Justice, Fortitude

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Multiple Choice Answers

• 1) What natural law did St. Thomas Aquinas
  believe in?
• Culture
• Morality
• Religion
• 2) What were the three types of laws Aquinas was
  concerned with?
• Eternal, Natural, and Human
• Unity, Spiritual, Good
• Eternal, Unity, Natural
• 3) Aquinas believed that successful people have
  four virtues, what are they?
• Prudence, Love, Faith, Justice
• Faith, Self Control, Respect, Temperance
• Justice, Respect, Kindness, Faith
• Temperance, Prudence, Justice, Fortitude