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Notion of Freedom and Law in St. Thomas Aquinas

Notion of Freedom and Law in St. Thomas Aquinas

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DEDICATION

This research material, titled “Notion of Freedom and Law in St. Thomas Aquinas” is dedicated to God for His boundless grace and guidance. It is also a tribute to all computer enthusiasts whose contributions made my research journey smoother and enriched my documentation process, making the experience truly fulfilling.



ACKNOWLEDGEMENT

I am profoundly grateful to everyone who contributed to the successful completion of this project. I am especially grateful to my Supervisor (Name), the Head of Department (Name), and the Lecturers in the Department of Philosophy for their invaluable guidance and support. I also acknowledge the contributions of authors and scholars whose works on Notion of Freedom and Law in St. Thomas Aquinas provided essential insights. Special thanks go to my study area (and any funding organizations, if applicable) for their financial assistance. I am equally thankful to stakeholders, including mentors, teachers, and colleagues, for their encouragement and support. Finally, I deeply appreciate my family and friends for their patience and unwavering support throughout this journey. Your contributions have been instrumental in making this research a reality.



TABLE OF CONTENTS

PRELIMINARY PAGES

CHAPTER ONE

INTRODUCTION

  • 1.1 Introduction
  • 1.2 Background of Study
  • 1.3 Statement of Problems
  • 1.4 Aim and Objectives of Study
  • 1.5 Significance of Study
  • 1.6 Scope of Study
  • 1.7 Limitations of the Study
  • 1.8 Definition of Terms

CHAPTER TWO

LITERATURE REVIEW

  • 2.1 Introduction
  • 2.2 The General Notion of Freedom
  • 2.3 The Meaning of Freedom
  • 2.4 Kinds of Freedom
  • 2.5 Aquinas Notion of Freedom
  • 2.6 Limits of Freedom
  • 2.7 Social Structure of Freedom

ENDNOTES & REFERENCES

CHAPTER THREE

RESEARCH METHODOLOGY

  • 3.1 Introduction
  • 3.2 Aquinas’ Conception of Law
  • 3.3 Aquinas’ Notion of Law “As An Ordinance Of Reason”
  • 3.4 Law in General
  • 3.5 Aquinas’ Typology of Law
  • 3.6 Interpretations and Critique of the Research of Natural Law Theorists

ENDNOTES & REFERENCES

CHAPTER FOUR

RESULTS AND DISCUSSION

  • 4.1 Introduction
  • 4.2 Natural Law from the Scope of other Scholars
  • 4.3 Understanding Natural Law via Aquinas’ Idea In Relation to legal Philosophy
  • 4.4 Reactions to Aquinas’ Natural law
  • 4.5 Merits of Natural Law Theory
  • 4.6 Evaluation of Notion of Freedom and Law in ST Thomas Aquinas
  • 4.7 Summary of Findings

ENDNOTES & REFERENCES

CHAPTER FIVE

SUMMARY, CONCLUSION AND RECOMMENDATION

  • 5.1 Introduction
  • 5.2 Summary
  • 5.3 Conclusion
  • 5.4 Recommendation

BIBLIOGRAPHY


ABSTRACT

The study examines the Notion of Freedom and Law in St Thomas Aquinas. In achieving this aim, the following specific objectives were laid out to evaluate the Aquinas’ Typology of law, understand the natural law via Aquinas’ idea in relation to legal philosophy and examine the reactions to Aquinas’ notion of natural law. Thomas Aquinas was a natural law theorist. He subscribed to the deontological view of morality according to which actions are either intrinsically right or intrinsically wrong. He assumed that there is a necessary connection between law and morality. This paper explains Aquinas‟ conception of law with an emphasis on natural law. It assesses thesis of the natural law theorists. It then mentions the merits of the natural law theory. The motivation that led to this research is that the first way of conducting an inquiry into law and its validity, the natural law research does not seem to have problems. However, it has to contend with the problem of validity arising from the second way of investigation. This is because validity is relative to a particular place and time. This study will be of immense benefit to other researchers who intend to know more on this study and can also be used by non-researchers to build more on their research work. This study contributes to knowledge and could serve as a guide for other study.


Notion of Freedom and Law in St. Thomas Aquinas

CHAPTER ONE

1.1 Introduction

Thomas Aquinas was a natural law theorist. He subscribed to the deontological view of morality according to which actions are either intrinsically right or intrinsically wrong. He assumed that there is a necessary connection between law and morality. As a prelude to other parts of this study, this chapter will discuss the background upon which this study was initiated, the statement of problems that led to this study, the Aim and Objectives of the study. Others are Significance of the study, Scope of work, Limitations of the Study and Definition of technical terms.

1.2 Background of Study

St. Thomas Aquinas was a philosopher. The name given to his philosophy is “Thomism”, a form of Aristotelianism developed within the framework of Christian (Catholic) theology of the 13th century. Aquinas was a natural law theorist. He subscribed to the deontological view of morality according to which actions are either intrinsically right or intrinsically wrong. He assumed that there is a necessary connection between law and morality.

This research explains Aquinas‟ conception of law. It emphasizes the natural law and evaluates thesis of the natural law theorists. It then states the merits of the natural law theory. The paper is divided into five parts beginning with the introductory part. The second part covers Aquinas‟ conception of law. Interpretations and critique of thesis of natural law theorists are undertaken in the third part. Merits of the natural law theory are presented in the fourth part. Summary and conclusion occupy the fifth part.

It seems that Aquinas subscribed to deontological view of morality. He held that within the context of natural law, actions are either intrinsically right or intrinsically wrong. On this view, an action is right or wrong in itself, not because God approves of it or not because it has good or bad consequence(s). Like St. Augustine and Aristotle, Thomas Aquinas believed that natural law is superior to human (State) positive law and that the latter must conform to the former.

Therefore, in Nigeria where the research was carried out, the activities that was conducted is to know the Notion of Freedom and Law in St Thomas Aquinas.

1.3 Statement of Problems

Investigation reveals the first way of conducting an inquiry into law and its validity, the natural law research does not seem to have problems. However, it has to contend with the problem of validity arising from the second way of investigation. This is because validity is relative to a particular place and time.

1.4 Aim and Objectives of Study

The aim of the study is to examine the Notion of Freedom and Law in ST Thomas Aquinas. In achieving this aim, the following specific objectives were laid out as follows:

  1. To assess the Aquinas’ notion of law ‘as an ordinance of reason’
  2. To evaluate the Aquinas’ Typology of law
  3. To understand the natural law via Aquinas’ idea in relation to legal philosophy
  4. To examine the reactions to Aquinas’ notion of natural law

1.5 Significance of Study

This study will be of immense benefit to other researchers who intend to know more on this study and can also be used by non-researchers to build more on their research work. This study contributes to knowledge and could serve as a guide for other study.

1.6 Scope of Study

The study focuses on the Notion of Freedom and Law in St Thomas Aquinas.

1.7 Limitations of the Study

During the course of this study, many things militated against its completion, some of which are:

  1. Time Constraint: The time frame given to accomplish this project was very short due to school academic calendar and it was carried out under pressure which made the researcher not to implement some necessary features.
  2. Research material: availability of research material is a major setback to the scope of the study.
  3. Frequent power failure: This made the researcher append more money on fuel to ensure sustainable power.
  4. Financial Constraint: Insufficient fund tends to impede the efficiency of the researcher in sourcing for the relevant materials, literature or information and in the process of data collection (internet).

1.8 Definition of Terms

Politics: the activities associated with the governance of a country or area, especially the debate between parties having power.

Government: the group of people with the authority to govern a country or state; a particular ministry in office.

…

CHAPTER TWO

2.0 Literature Review

2.1 Introduction

This chapter focuses on the review of related literature. A literature review includes the current knowledge as well as theoretical and methodological contributions to a particular topic. It documents the state of the art with respect to the topic you are writing. It surveys the literature in the topic selected. In this research work the literature review includes the conceputal review, theoretical framework, the review of related literature …

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