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Natural law thomas aquinas
The social contract theory with introduction
The social contract theory with introduction
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Each day, billions of people throughout the world affirm their commitment to a specific idea; to be part of a society. While this social contract is often overlooked by most citizens, their agreement to it nevertheless has far-reaching consequences. Being a member of society entails relinquishing self-autonomy to a higher authority, whose aim should be to promote the overall good of the populace. While making this decision to become part of a commonwealth is usually performed without explicit deliberation, there is a common consensus amongst philosophers that something unique to the human experience is the driving force behind this decision. Contained within this something are highly contested points of debate amongst both past and contemporary political philosophers. Two such philosophers are Thomas Hobbes and Thomas Aquinas. Each of these political writers provide detailed arguments regarding the concept of natural law, the role that reason plays in this law, whether some laws are considered truly rational, and why some people choose not to follow certain principles even when they recognize them to be rational. By analyzing each of these arguments, we will arrive at the conclusion that even though the rational principles that reason provides us can easily be disregarded by the populace, that we can still find a common good within promulgating rational doctrine.
While Hobbes’ and Aquinas’ theories hold the same basic boundaries of recognizing inherent human knowledge, they have different opinions regarding the specifics contained within these boundaries. The foremost difference rests in the concept of natural law. Aquinas sees natural law as the second link in the chain of laws that originated directly from God. The foundati...
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...g, the exchange was still worthy of discussion because it provided an empirical examples of the catastrophic consequences of ignoring rational principles. Hobbes recognized this same tendency for some to act irrational. He stated that “…men’s actions proceed from their wills and their wills from their hopes and fears…” (Hobbes, page 69). Much like a gambler at a casino who knows that odds are heavily in favor of the house, each man’s hope drives their will toward irrational acts. Examples provided by these misguided souls serve the common good, by quelling the hopes of the masses that they somehow will achieve the unachievable. Whether it’s the collapse of an empire in Greece or the squandering of a paycheck at a card table, these products of irrational behavior cause the remainder of the populace to solidify their commitment of being a rational part of society.
In legal theory, there is a great debate over whether or not law should be used to enforce morality. The sides of the debate can be presented as a continuum. At one end, there is the libertarian view, which holds that morality is an individual belief and that the state should not interfere in the affairs of the individual. According to this view, a democracy cannot limit or enforce morality. At the other end, there is the communitarian position, which justifies the community as a whole deciding what moral values are, and hence justifies using the law to enforce community values. For libertarians, judges should play a prominent role in limiting the state, while for communitarians, judges should have as small a role as possible. In between these two extremes sit the liberal egalitarians, who attempt to reconcile democratic decision-making about moral values with liberalism. The problem is made more complex when one considers that both law and morality are contested concepts. Two recent cases where this continuum can be illustrated are Canada [Attorney-General] vs. Mossap, and Egan vs. Canada. In this essay, I will attempt to explore some of the issues produced in these two cases. I will begin with a summary each case, followed by an analysis of the major themes involved. I will then place the issues in a larger, democratic framework, and explore the role of law in enforcing morality in a democracy. I will then prove how the communitarian position - as articulated by Patrick Devlin - supports the decisions given in Mossap and Egan, and how even the great proponents of libertarianism - Mill and von Hayek - would agree that the decisions were just. A conclusion will then follow.
Aquinas argues that humans’ rational nature incline them for good because they are inclined to know about God and live in society with one another under natural law (94.2, p. 43-44). Aquinas also connects natural law with an eternal law. Aquinas argues that natural law is humans sharing in eternal law which is innate in humans (91.2, p. 18). Hobbes does not leave any place for God in his state of nature. Hobbes argues that in the state of nature there is no right or wrong, just or unjust, or sin, only man’s passions exist (13, p. 90). Every man wages war against every other man. Man is not inclined to live in a society like Aquinas states, but rather, out of the fear of death, man comes together to form a common power (13, p. 90). Hobbes bases this common power on contracts between people. Hobbes argues that a contract with God is impossible unless someone has some supernatural revelation because one cannot know if the contract has been accepted or declined (14, p. 97). It follows that, if man cannot make a contract with God, in the state of nature right and wrong fail to exist, and government arises out of necessity, then in the same state of nature, humans are not inclined for good, share in some sort of eternal law, or live in society with one
Niccolo Machiavelli, John Locke, and John Stuart Mill present three distinct models of government in their works The Prince, Second Treatise of Government, and Utilitarianism. From an examination of these models it is possible to infer their views about human nature and its connection to the purpose of government. A key to comparing these views can be found in an examination of their ideas of morality as an intermediary between government and human nature. Whether this morality must be inferred from their writings or whether it is explicitly mentioned, it differs among the three in its definition, source, and purpose.
...ct. Even if the fool does not believe in justice, Hobbes believes he will be cast out of society, which makes the promise for anyone's survival bleak.21
Throughout the course of the first half of the Semester, a main theme in each piece of writing that we have worked with is human’s natural behaviors and motivations. Although Pascal choses a more positive and religious perspective of human nature and Hobbes displays a more negative approach to human nature, both Pascal and Hobbes share similar beliefs in the wretchedness of man, the importance of one single supreme being or ruler, and the effects of being prideful.
Self-preservation is an important factor in shaping the ideologies of Hobbes and Locke as it ties in to scarcity of resources and how each of them view man’s sate of nature. Hobbes and Locke both believe in self-preservation but how each of them get there is very different. Hobbes believes that man’s state of nature is a constant state of war because of his need to self-preserve. He believes that because of scarcity of goods, man will be forced into competition, and eventually will take what is others because of competition, greed, and his belief of scarce goods. Hobbes also states that glory attributes to man’s state of nature being a constant state of war because that drives man to go after another human or his property, on the one reason of obtaining glory even if they have enough to self preserve. Equality ties in with Hobbes view of man being driven by competition and glory because he believes that because man is equal in terms of physical and mental strength, this give them an equal cha...
Hobbes’ theory on the condition of the state of nature, and government are not only more applicable today but his reasoning is far sounder than that of Rousseau. These concepts were significantly conditionally reliant. What Hobbes imagined was not a pre-societal period, rather he ...
In this essay, I will present three reasons as to why the absolute authority of the sovereign in Hobbes’s state of nature and social contract is justified. The three reasons Hobbes uses are: the argument from contract, the argument from authorisation and the argument from weakness of mixed or divided sovereignty. Firstly, I shall explain Hobbes’s understanding of human nature and the natural condition of humanity which causes the emergence of the social contract. I shall then analyse each argument for the absolute authority of the sovereign being justified. I shall then consider possible objections to Hobbes’s argument. I shall then show why Hobbes’s argument is successful and the absolute authority of the sovereign is justified.
It is crucial to understanding the theories and writings of Hobbes and Aquinas in order to understand the different theories of how man can view human natures innate or survival instincts. Through understanding how Hobbes and Aquinas’ theories contrast, one can better understand how to view natural law, and the writings of any political doctrines during their time period.
Hobbes, on the other hand argues that justice is needed for people to live together in civil society. He outlines this idea down to human beings in the
He claims that acts of kindness, charity and benevolence are always actions that the performer believes will result in a beneficial consequence for himself. Hobbes’ basis for this argument lies in the concept of reason. He writes that human beings are logical creatures and unlike other animals, use reason to make all of their decisions (Leviathan 2, 17). A law dictated by reason that will benefit a man is called a law of nature. Hobbes lists three fundamental laws of nature that promote the primary motivation of men, which is self-preservation.
Hobbes’ Leviathan and Locke’s Second Treatise of Government comprise critical works in the lexicon of political science theory. Both works expound on the origins and purpose of civil society and government. Hobbes’ and Locke’s writings center on the definition of the “state of nature” and the best means by which a society develops a systemic format from this beginning. The authors hold opposing views as to how man fits into the state of nature and the means by which a government should be formed and what type of government constitutes the best. This difference arises from different conceptions about human nature and “the state of nature”, a condition in which the human race finds itself prior to uniting into civil society. Hobbes’ Leviathan goes on to propose a system of power that rests with an absolute or omnipotent sovereign, while Locke, in his Treatise, provides for a government responsible to its citizenry with limitations on the ruler’s powers.
John Locke and Socrates both have two distinctive and compelling arguments about what the social contract is. While government’s today extract ideas from both theories of the social contract, it’s is hard to determine which is the just and appropriate. While there is little comparison between the two theories other than fact that there must be a relationship between the government and the people for a society to exist, there are several opposing ideas in these arguments. First, the Socrates idea of an implicit social contract versus Locke’s explicit social contract. Secondly, Socrates believes laws make the society and in contrast, Locke believes society makes the law. Finally, Socrates believes the very few educated persons or minority
Hobbes and Locke both present states of nature in which the human race exists prior to, or without the formation of civil society. These states of nature present stark differences between one other that emphasize the different views the two author’s have on the natural human state. The states of nature each give rise to their own distinct and separate reasons for forming a civil society and, consequently, giving up rights in order to form a civil society. I will begin my essay by presenting both Locke’s and Hobbes’ state of nature and outlining their differences. Then I will analyze the ways in which Hobbes’ state of nature may be seen as more plausible, as well as considering some possible objections to Hobbes’ view. Next I will examine Locke’s view and why it may be considered more plausible in addition to looking at some arguments against it. In this paper I intend to argue that Hobbes’ state of nature makes the acceptance of a civil society more plausible, but that Locke’s state of nature presents more plausibility in commonly held views or intuitions people may hold today.
Hobbes believes that “law is nothing more than the will of the sovereign” . A legal philosopher named John Austin later on developed this by defining law as a law simply because it is being obeyed. In his theory of legal positivism, it “saw the defining feature not as i...