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Similarities between augustine and aquinas
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Americans are called to obey police officers as figures with authority. However, as we have seen in the news recently, police brutality is a common occurrence. People are starting to question police authority and whether or not they should have to obey at all times, even to the point of physical harm. Similarly, Aquinas and Augustine deem there are times in which it is acceptable to disobey earthly authorities, most notably when violating the divine law, however, Augustine disagrees with Aquinas in the extent that you may disobey such as when a law’s intent is immoral, the subject of the power is not prevailing, the burden of the law is not proportionately placed on the citizens, and the law is not ordained for the commonweal.
Augustine and
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185). Laws can be either just or unjust when bred by human beings. Aquinas defines a just law as a law “ordained for the common good… when the laws enacted do not surpass the power of the lawmakers… and when they impose proportionately equal burdens on citizens for the common good” (96.4 p. 64). Throughout society, there are several roles in which there are different rulers who have the authority to rule justly. For example, “Soldiers are obliged to obey their commanders in military matters, slaves their masters in performing servile tasks, children their parents in matters of life training and household chores” (104.5 p. 183). Civil authority is a significant component in a well-run society for two reasons: peace and justice. It all …show more content…
Both Augustine and Aquinas agree that there are times in which it is perfectly acceptable to disobey earthly authorities. The difference however, is that Aquinas is more lenient and finds it acceptable to disobey in more situations than Augustine. Likewise, states are given the power to determine whether police officers’ actions are just or not and furthermore establish punishments based on the decision. However, in the same manner, some states are more lenient in what they consider unjust or harmful to the
'And each makes laws to its own advantage. Democracy makes democratic laws, tyranny makes tyrannical laws, and so on with the others. And they declare what they have made - what is to their own advantage - to be just for their subjects, and they punish anyone who goes against this as lawless and unjust. This, then, is what I say justice is, the same in all cities, the advantage of the established rule. Since the established rule is surely stronger, anyone who reasons correctly will conclude that the just is the same everywhere, namely, the advantage of the stronger.'" Plato, Republic, Book 1, 338
...n you advocate breaking some laws and obeying others?” The answer lies in the fact that there are two types of laws: just and unjust.” He makes the readers think that he knows what he is talking about and shows determination.
The primary purpose of this essay is stated in the title. It is to consider whether certain principles presented in the second paragraph of the Declaration of Independence and commonly referred to as human rights are supported by the authority of God 's word. A secondary goal is to consider how society might be influenced to establish and maintain laws which agree with God 's moral authority. Yet a third goal is to consider how free exercise of human rights might be impacted by obedience and disobedience to God 's moral authority.
I believe that we can be morally justified in disobeying laws, which we consider to be immoral and there are several reasons for this. I believe that it is only possible to happily live in accordance with our own moral code, it may also be possible to live without too much dissatisfaction within the bounds of laws, which dictate a stricter moral code than our own. However I do not believe that it is possible to happily exist under a system of law whereby we are obliged at times to break our own code of morality. In this situation we are likely to find ourselves in a constant struggle ...
In his major work State of Exception, Agamben builds an understanding of the evasion of laws in cases where it is necessary to keep legal order, and the confusing distinction between what should be considered legal and what should be considered illegal. Digressing from his more religious examples, he critiques the state of modern life further. Law and state differ in that the state can manipulate the law to meet its needs in governing a nation. Agamben tries to theorize how the state of exception can be both within and outside of the law when he writes how “the state of exception is not a special kind of law; rather, in so far as it is a suspension of the juridical order itself, it defines law’s threshold or limit concept,” (SoE 4). His purpose is to point out the fact that after a certain point,...
Through my research and findings of obedience to authority this ancient dilemma is somewhat confusing but needs understanding. Problem with obedience to authority has raised a question to why people obey or disobey and if there are any right time to obey or not to obey. Through observation of many standpoints on obedience and disobedience to authority, and determined through detailed examination conducted by Milgram “The Perils Of Obedience,” Doris Lessing “Group Minds” and Shirley Jackson “The Lottery”. We have to examine this information in hopes of understanding or at least be able to draw our own theories that can be supported and proven on this subject.
"Proper use of discretion is probably the most important measure of a police officer or department." -- Rich Kinsey (retired police detective)
...rinciples of law that were founded outside of his or her own opinion. They are not the source of what is just or unjust, but rather they merely apply the rules already established from years of social progression and political influence. Thus, when Divine Command theorists argue that they have successfully conquered the Euthyphro Argument, they must be reminded that the opposite is true, and the age-old dilemma has actually reduced their deities to magistrates of morality.
Ordinary people are willing to go against their own decision of right and wrong to fulfill the request of an authoritative figure, even at the expense of their own moral judgment and sense of what is right and wrong. Using a variety of online resources including The Perils of Obedience by Stanley Milgram this paper attempts to prove this claim.
A controversial issue regarding the law has been whether it is ever right to disobey the law. Some people would argue that it is not always morally wrong to disobey the law. From this perspective, laws that are considered immoral or unfair hinder society through unnecessary restrictions. However, others argue that it is never right to disobey the law. Socrates, who maintains this view, discusses the issue of obeying laws in Crito by Plato, arguing that a citizen “[has] undertaken, in deed if not in word, to live [their] life as a citizen in obedience to us [the Laws]” (271). According to this view, obeying the law is a citizen’s duty, and a person who is not obedient to the law fails to fulfill his duty. In sum, the issue is whether disobedience of the law is moral or immoral.
Thomas Aquinas believed that a law had four aspects. The first is that a law is an ordinance of reason. This is because “it belongs to the law to command and to forbid” and “it belongs to reason to command” (207). Reason and law are dependent of one another. The second aspect of law is that it is for the common good. This aspect is very basic since laws are made to assist human beings. The third aspect that Aquinas declares must be met is that the law is made by one who has authority. In short, a law cannot be made by someone who has not been elected to the position to make laws. The final aspect for a law is that is must be promulgated. Aquinas defines natural law as something that is given fundamentally in the order of things. Since “the natural law is something appointed by reason”, it is not a habit. However, human law will always flow from natural law. Because of this, one can assume that politics should always follow natural law.
In continuation, underlined in John Austin’s Lectures on Jurisprudence, he described an imperative theory of law, which he said laws are commands from the sovereign to guide the manner of society’s members (Freeman 86). Of the reason why law’s in his account are imperative. Austin’s narrative say’s that the ruling body of the law may be a group or an individual who society has a habit of obedience towards, or is habitually obeyed. More so the sovereign holds no promise but is obeyed through society’s self-interest, which may be fear of sanctions. And most importantly the sovereign obeys no one else. Austin however deems that under this system there are differences between unconstitutional and illegal acts. So in short if the sovereign were to disr...
Religious texts have been one of the main sources for laws and social customs since the conception of organized religion. Each religious text provides its followers with a code of conduct they are expected to apply to themselves, their actions, and their institutions. This code of conduct applies to the individual, as well as to the government and society to within which the people exist, and ultimately defines what a "just society" is in the context of that religion. Using stories and proverbs this code of conduct, and thus "just society", is not only set, but also shown in examples. In The Bible, the essence of a "just society" is laid out within passages that serve as "the laws", including Deuteronomy, and the Psalms, and in the stories, such as the stories of Job, David, Samuel, and the Family of Adam. The actions and nature of God in these stories are meant to be an example of the values and personality favored by God. In these passages, a structure for a just society is presented, and the values and examples, which are to be referred to and followed in the creation of this "just society", are discussed. However, even within these passages, there are discrepancies between the structure of the ideal "just society" and its values, and the following of these examples by the stories presented in The Bible. One of the most noticeable of these is the difference between the presentation of the ideal "just society" and values that are supposed to be implemented by the people, and the actual justice and values presented in the stories. This is particularly pertaining to the stories of the rulers appointed by God, and the vengeful nature of God himself presented in these stories.
According to Aristotle, "The rule of law is better than that of any individual”, suggesting every member of society, even a ruler, must abide by and follow the law. The rule of law is linked to the principle of justice, meaning that everyone within a society (including both private citizens and government officials) are subject to the law, and that those laws are administered fairly and justly. The intention of the rule of law is to protect against arbitrary governance. It is the basic underpinning of a free society.
Law is one of the most important elements that transform humans from mere beasts into intelligent and special beings. Law tells us what is right and wrong and how we, humans, should act to achieve a peaceful society while enjoying individual freedoms. The key to a successful nation is a firm, strong, and fair code of high laws that provides equal and just freedom to all citizens of the country. A strong government is as important as a firm code of law as a government is a backbone of a country and of the laws. A government is a system that executes and determines its laws. As much as fair laws are important, a capable government that will not go corrupt and provide fair services holds a vital role in building and maintaining a strong country.