Cathleen Kaveny: The Primary Purpose Of Law

Cathleen Kaveny proposes, “The primary purpose [of law] is to guide the action of its subjects in a way that furthers the common good” (Kaveny, p. 30). Thus, Kaveny suggests that all laws and policies must be focused on improving the whole community. Cathleen Kaveny does not stand alone on this belief; Thomas Aquinas and Bernard Brady also express the need for laws to be grounded in the common good. Furthermore, each author offers other aspects of good laws; nevertheless all those other requirements in the end combine to promote the common good. It may seem easy enough when the characteristics of a good law are listed in a clear fashion, but the main concern is if they can be implemented into communities, like the University of St. Thomas.

He states, “Law is an ordinance of reason for the common good made by one who has care of the community, and promulgated” (Aquinas, section 90.4). Thus, Thomas Aquinas reflects this same purpose as Cathleen Kaveny; laws should be made “for the common good.” Additionally, Aquinas explains what it means for a law to be made “for the common good,” declaring, “The making of the law belongs either to the whole people or to a public personage who has care of the whole people” (Aquinas, section 90.2). It seems that usually, the latter is true. A “public personage who has care of the whole people” makes the laws, as in the University of St. Thomas’ Policy on Sexual Misconduct. The article reads, “The University of St. Thomas (UST) mission and convictions embody UST’s commitment to promote and protect the personal dignity and well-being of every member of the UST community” (UST, p. 1). Hence, the objective for the University is to endorse the common good because the University aims to “promote and protect the personal dignity and well-being…of the UST community.” Thus, the common good is defended, by implementing this policy through the effort to prevent such heinous acts of sexual

Bernard Brady reflects on similar aspects that comprise a good law, many of which are closely related to the works of Thomas Aquinas. Dr. Brady remarks on what Isidore of Seville, a theologian, believes to be the most important characteristics of a good law: “Law shall be virtuous, just, possible to nature, according to the custom of the country, suitable to place and time, necessary, useful; clearly expressed, lest by its obscurity it lead to misunderstanding; framed for no private benefit, but for the common good” (Brady, p. 32). Thus, all the conditions listed are needed to fulfill the requirements of being a good law or policy and in turn be a law to improve the common good. The importance of a law being “possible to nature” is reflected in both Aquinas’ and Brady’s writings; without this requirement, the common good will be diminished. As Brady explains, “Laws, to be good laws, have to be enforceable. That is to say, the laws must place reasonable expectations on persons. They must be based on a sensible understanding of persons and the human condition” (Brady, p. 34). Therefore, laws must not be too harsh and must be possible to apply to the whole community. Aquinas stresses the importance of laws being attainable for the community to follow: “Law ought not lay upon the multitude of imperfect people the burdens of those who are already virtuous, namely that they shall abstain from all evil. Otherwise these imperfect ones, being unable to bear such precepts,