Thomas Aquinas and the Metaphysics of Law

41 Pages Posted: 26 Apr 2006 Last revised: 10 Nov 2012

Date Written: 2007

Abstract

Despite modernity's longstanding aversion to metaphysics, legal scholars are increasingly questioning whether law can be understood in isolation from wider questions about the nature of reality. This paper examines perhaps the most famous of metaphysical legal texts - Thomas Aquinas' still-widely-read Treatise on Law - with a view toward tracing the influence of Thomas' metaphysical presuppositions.

This article shows that Thomas' account of human law cannot be fully understood apart from his metaphysics. Attention to Thomas' hierarchical view of reality exposes tensions between Thomas' "top-down" account of law and his sophisticated "bottom-up" observations. For example, Thomas grounds human law's authority in its foundation in the "higher" natural and eternal laws. On the other hand, he is well aware that many if not most legal questions involve "determination of particulars" - the resolution of questions that might reasonably be answered in more than one way. Thomas' metaphysics sometimes works against his inclination to give place to human freedom in the creation of law.

Thomas' metaphysical approach also raises important questions for contemporary legal theory. His insistence on addressing the question of law's ontological status, for example, challenges the reductionism of much contemporary jurisprudence and provides a vocabulary for accounting for the wide variety of analytical approaches legal philosophers employ.

Keywords: Thomas Aquinas, metaphysics, natural law, ontology, Law and Religion, Theology, christian legal thought

Suggested Citation

Brewbaker, William S., Thomas Aquinas and the Metaphysics of Law (2007). Alabama Law Review, Vol. 58, Page 575 (2007); U of Alabama Public Law Research Paper No. 898941. Available at SSRN: https://ssrn.com/abstract=898941 or http://dx.doi.org/10.2139/ssrn.898941

William S. Brewbaker (Contact Author)

University of Alabama - School of Law ( email )

P.O. Box 870382
Tuscaloosa, AL 35487
United States

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