Treatise on Law: The Complete Text

Treatise on Law: The Complete Text

Paperback(1)

$18.00
Eligible for FREE SHIPPING
  • Want it by Wednesday, October 24?   Order by 12:00 PM Eastern and choose Expedited Shipping at checkout.
    Same Day shipping in Manhattan. 
    See Details

Overview

Treatise on Law: The Complete Text by Thomas Aquinas

This new English translation of St. Thomas Aquinas's Treatise on Law, found in Questions 90-108 of the First Part of the Second Part of the Summa Theologiae, is the only free-standing English translation of the entire Treatise, which includes both a general account of law (Questions 90-92) and also specific treatments of what St. Thomas identifies as the five kinds of law: the eternal law (Question 93), the natural law (Question 94), human law (Questions 95-97), the Old Law (Questions 98-105), and the New Law (Questions 106-108).

According to St. Thomas, law, far from supplanting virtue as a basic principle of action, serves as an independent principle of action that complements virtue and is itself capable of being factored into practical deliberation. The reason is that all of God's precepts, prohibitions, and punishments are aimed at promoting the good of the whole universe and, more particularly, the good for human beings, both individually and within the various forms of social life. Because of this, law serves as both a restraint on bad actions and a spur to good action, i.e., a restraint on actions that take us away from virtue and genuine human flourishing and a spur to actions that promote virtue and flourishing.

There are many benefits of having the whole treatise rather than just the first few questions, as has been the standard practice in previous editions of the Treatise on Law. To mention just a few of these benefits, the question on the moral precepts of the Old Law (question 100) helps to illuminate in many different ways the earlier questions on natural law and human law (questions 94-97). Again, the questions on the ceremonial and judicial precepts ofthe Old Law (questions 101-105) demon-strate in depth the symbiotic relationship that St. Thomas takes to obtain between the Old Testament and the New Testament. The questions on the New Law provide an introduction to the Christian way of life that will be described in incomparable detail in the Second Part of the Second Part, the bulk of which is structured around the treatment of the three theological virtues and the four cardinal virtues.

Product Details

ISBN-13: 9781587318801
Publisher: St. Augustine's Press
Publication date: 05/15/2009
Edition description: 1
Pages: 304
Sales rank: 413,958
Product dimensions: 6.00(w) x 8.90(h) x 1.10(d)

Table of Contents

Question 90 The Essence of Law 1

Article 1 Is law something that belongs to reason? 1

Article 2 Is law always ordered toward the common good as its end? 3

Article 3 Whose reason is it that makes law? 5

Article 4 Is promulgation part of the nature of law? 6

Question 91 The Different Kinds of Law 8

Article 1 Is there such a thing as eternal law? 8

Article 2 Is there any such thing as natural law in us? 9

Article 3 Is there any such thing as human law? 11

Article 4 Was it necessary for there to be such a thing as divine law? 13

Article 5 Is there just a single divine law? 15

Article 6 Is there such a thing as a 'law of the stimulant [to sin]"? 17

Question 92 The Effects of Law 20

Article 1 Is it the role of law to make men good? 20

Article 2 Are the acts of law correctly enumerated when one says that the acts of law are to command, to forbid, to permit, and to punish? 22

Question 93 The Eternal Law 25

Article 1 Is the eternal law the highest conception or plan existing in God? 25

Article 2 Is the eternal law known to everyone? 27

Article 3 Does every law flow from the eternal law? 28

Article 4 Are necessary and eternal things subject to the eternal law? 30

Article 5 Are natural contingent things subject to the eternal law? 32

Article 6 Are all human affairs subject to the eternal law? 34

Question 94 The Natural Law 37

Article 1 Is the natural law a habit? 37

Article 2 Does the natural law contain many precepts or just one precept? 38

Article 3 Do all the acts of the virtues belong to the law of nature? 41

Article 4 Is there a single law of nature for everyone? 43

Article 5 Can the law of nature be changed? 45

Article 6 Can the naturallaw be wiped out of a man's heart? 47

Question 95 Human Law 49

Article 1 Was it useful for laws to be made by men? 49

Article 2 Does every humanly made law stem from the natural law? 51

Article 3 Does Isidore appropriately describe the characteristics of positive law? 53

Article 4 Is Isidore's division of human laws appropriate? 55

Question 96 The Force of Human Law 58

Article 1 Should human law be made in a general way or for particular cases instead? 58

Article 2 Should human law suppress all vices? 60

Article 3 Does human law command the acts of all the virtues? 61

Article 4 Does human law impose an obligation in conscience on a man? 63

Article 5 Is everyone subject to human law? 65

Article 6 Is one who is subject to the law permitted to act outside the letter of the law? 67

Question 97 Changes in Human Law 70

Article 1 Should human law in any way be changed? 70

Article 2 Should human law always be changed when something better comes along? 71

Article 3 Can custom acquire the force of law or nullify a law? 73

Article 4 Can the rulers of the people give dispensations from human laws? 75

Question 98 The Old Law 78

Article 1 Was the Old Law good? 78

Article 2 Was the Old Law from God? 80

Article 3 Was the Old Law given through the mediation of angels or was it given directly by God? 82

Article 4 Was it fitting for the Old Law to have been given only to the Jewish people? 84

Article 5 Were all men obliged to observe the Old Law? 87

Article 6 Was it appropriate for the Old Law to have been given at the time of Moses? 89

Question 99 The Precepts of the Old Law 92

Article 1 Does the Old Law contain just one precept? 92

Article 2 Does the Old Law contain moral precepts? 93

Article 3 Does the Old Law contain ceremonial precepts in addition to the moral precepts? 95

Article 4 Does the Old Law contain judicial precepts in addition to the moral and ceremonial precepts? 97

Article 5 Are there any precepts contained in the Old Law in addition to the moral, ceremonial, and judicial precepts? 99

Article 6 Was it right for the Old Law to have induced the observance of its precepts by temporal promises and threats? 101

Question 100 The Moral Precepts of the Old Law 104

Article 1 Do all the moral precepts of the Old Law belong to the law of nature? 104

Article 2 Do the moral precepts of the Law have to do with all the acts of the virtues? 106

Article 3 Are all the moral precepts of the Old Law traced back to the ten precepts of the Decalogue? 108

Article 4 Are the precepts of the Decalogue correctly distinguished from one another? 110

Article 5 Is there an appropriate number of precepts in the Decalogue? 112

Article 6 Are the precepts of the Decalogue correctly ordered? 117

Article 7 Are the precepts of the Decalogue set down in an appropriate way? 120

Article 8 Can dispensations be granted from the precepts of the Decalogue? 122

Article 9 Does the mode of virtue fall under a precept of the Law? 125

Article 10 Does the mode of charity fall under a precept of divine law? 127

Article 11 Is it correct to mark out moral precepts of the Law in addition to the Decalogue? 129

Article 12 Did the moral precepts of the Old Law give justification [before God]? 133

Question 101 The Ceremonial Precepts of the Old Law in Themselves 135

Article 1 Does the reason for the ceremonial precepts lie in their having to do with the worship of God? 135

Article 2 Are the ceremonial precepts figurative? 137

Article 3 Was it right for there to be a multiplicity of ceremonial precepts? 140

Article 4 Are the ceremonies of the Old Law correctly divided into sacrifices, sacred things, sacraments, and observances? 142

Question 102 The Reasons for the Ceremonial Precepts 145

Article 1 Are there reasons for the ceremonial precepts? 145

Article 2 Do the ceremonial precepts have literal reasons or only figurative reasons? 147

Article 3 Can appropriate reasons be assigned for the ceremonies that involve sacrifices? 149

Article 4 Can appropriate reasons be assigned for the ceremonies that involve the sacred things? 158

Article 5 Can appropriate reasons be assigned for the sacraments of the Old Law? 171

Article 6 Are there reasoned causes for the ceremonial observances? 189

Question 103 The Duration of the Ceremonial Precepts 201

Article 1 Did the ceremonies of the Law exist before the Law existed? 201

Article 2 Did the ceremonies of the Old Law have the power to confer justification at the time of the Law? 203

Article 3 Did the ceremonies of the Old Law cease with the coming of Christ? 206

Article 4 Can the ceremonial precepts be observed without mortal sin after Christ's passion? 209

Question 104 The Judicial Precepts of the Old Law 214

Article 1 Does the nature of the judicial precepts consist in their directing a man in his relations with his neighbor? 214

Article 2 Are the judicial precepts figures of anything? 216

Article 3 Do the judicial precepts of the Old Law have perpetual binding force? 218

Article 4 Can the judicial precepts be divided into set kinds? 220

Question 105 The Reasons for the Judicial Precepts 222

Article 1 Did the Old Law give appropriate direction concerning the rulers? 222

Article 2 Were appropriate judicial precepts given with respect to the common life of the people? 226

Article 3 Were appropriate judicial precepts given with respect to outsiders? 239

Article 4 Did the Old Law issue appropriate precepts with respect to household members? 243

Question 106 The Law of the Gospel, called the New Law, in Itself 250

Article 1 Is the New Law a written law? 250

Article 2 Does the New Law confer justification? 252

Article 3 Should the New Law have been given from the beginning? 254

Article 4 Will the New Law last until the end of the world? 256

Question 107 The Relation between the Old Law and the New Law 260

Article 1 Is the New Law different from the Old Law? 260

Article 2 Does the New Law bring the Old Law to fulfillment? 263

Article 3 Is the New Law contained within the Old Law? 267

Article 4 Is the New Law more burdensome than the Old Law? 269

Question 108 The Contents of the New Law 272

Article 1 Should the New Law command or prohibit any exterior acts? 272

Article 2 Does the New Law give adequate direction to exterior acts? 275

Article 3 Does the New Law give man adequate direction with respect to interior acts? 278

Article 4 Is it appropriate for certain determinate counsels to be proposed in the New Law? 283

Index 286

Customer Reviews

Most Helpful Customer Reviews

See All Customer Reviews