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:
- To assess the Aquinas’ notion of law ‘as an ordinance of reason’
- To evaluate the Aquinas’ Typology of law
- To understand the natural law via Aquinas’ idea in relation to legal philosophy
- 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:
- 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.
- Research material: availability of research material is a major setback to the scope of the study.
- Frequent power failure: This made the researcher append more money on fuel to ensure sustainable power.
- 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.
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