Charelle Mei Sy 11-0073

St. Thomas Aquinas: “Law is necessary to achieve order in society.”

St. Thomas Aquinas is one of the most revered and influential figures in religion and history. His
works and principles have contributed in shaping modern society by introducing concepts such
as human happiness and the place of God in the lives of men. His well-known masterpiece, The
Summa Theologica, integrates the Greek philosophy with the Christian faith.1 In it, St. Aquinas
tackled the topic of law as well. He specifically dedicated a portion of the Summa Theologica to
discussing the essence of the law, the various kinds of law, the natural law, and human law.

Here, the focus of the disputatio lies in the Essence of Law according to St. Aquinas, or Question
90 of Summa Theologica I-II. The four articles of Question 90 when taken as a whole brings about
the thesis statement that “Law is necessary to achieve order in society”. It is important to discuss
each article to understand how such statement came to be.

First, St. Aquinas states that law pertains to reason. He argues that law is the rule and measure
of acts that induces man to act or prevents man from acting. The law is that which commands
and forbids. However, it is reason that commands us to act a certain way, by primarily recognizing
and knowing the good end that the will presents to the intellect. Thus, the law pertains to reason.

Second, St. Aquinas posits that law is something directed to the common good. The common
good is the precise distribution of attainment of goals in an orderly way. This attainment of goals
is the last end of human life – which is bliss or happiness. The distribution of such attainment of
goals requires a restriction or regulation of the acts of man. Since law is the measure of such acts,
then common good is attained through law. Law is therefore directed to the common good.

Third, St. Aquinas states that the making of the law belongs either to the whole people or to a
public personage who has care of the whole people. This is because participation from the whole
people is essential to determine the ruler that will keep the common good as his aim in legislating.

Finally, St. Aquinas believes that promulgation is essential to law. In order to bind people, the
laws must be applied to them. Such application is done through notification of the laws.
Promulgation is therefore necessary for the law to obtain its force.

Based on the principles discussed, law thus becomes an ordinance of reason for the common
good made by one who has care for the community and is promulgated. Order is the rational
attainment of goals, and the precise distribution of such attainment of goals is the common good.
Therefore, law, as it is directed to the common good, is necessary to achieve order. Law, as a
rule of measure that regulates the actions of man, is necessary to achieve the attainment of goals
– which is the bliss and happiness of man.

1
V. The Technique of Happiness. (n.d.). The Pursuit of Happiness. doi:http://www.pursuit-of-
happiness.org/history-of-happiness/thomas-aquinas/