The Interconnectedness between Justice, Law, and the Concept of Good | Father Dominic Legge, O.P.
Oct 12, 2023
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Fr. Dominic Legge discusses the relationship between justice, law, and the concept of good. He explores Aquinas' sappiential approach, the metaphysical grounding of moral discourse, and understanding the common good. He also discusses the hierarchical ordering of loves and reformulating claims to subjective rights in terms of justice and the common good.
Aquinas emphasizes the hierarchical nature of goods, distinguishing between particular goods and the truly common good, which is more noble and universal.
Aquinas asserts that conflicts between individual rights and the common good can be resolved by referring individual rights claims back to the common good, and by recognizing that true use is always in accordance with justice and the common good.
Deep dives
Aquinas' Concept of Use and its Connection to Justice, Law, and the Common Good
Aquinas' concept of Use, or what is due to another, is an essential element in the understanding of justice, law, and the common good. Use is not an absolute good, but rather must be properly ordered under the common good. Aquinas argues that Use cannot be rightly understood without an implicit reference to the common good. He emphasizes the hierarchical nature of goods, distinguishing between particular goods and the truly common good. The truly common good is more noble and universal, and it is communicable without being diminished. Aquinas also highlights the role of God's plan of order, the eternal law, as the foundation for justice and law. God's will follows the plan conceived in His intellect, which is like a law of justice. Furthermore, Aquinas asserts that justice entails the right ordering of things and implies a right relationship of order. He also argues that conflicts between individual rights and the common good stem from ignorance, error, or malicious intentions. However, in practice, these conflicts can be resolved by referring individual rights claims back to the common good, and by recognizing that true use is always in accordance with justice and the common good.
The Connection Between Use and the Plan of Order in God's Divine Mind
Aquinas asserts that God's plan of order, the eternal law, is the foundation for justice and law. This divine plan, conceived in God's intellect, is primary, and God's will follows it. Aquinas argues that God's plan is an ordination of reason and is for the common good. He explains that every creature is ordered back to God, who is the supreme common good. Aquinas highlights the intrinsic relationship between justice and the right ordering of things, both in God and in human affairs. He emphasizes that justice is connected to the right relationship of order, especially among rational creatures. Aquinas views justice as an essential element of the wider plan of order, and he asserts that justice is ultimately a function of the right ordering of things according to the divine plan.
Understanding Use as an Expression of the Pattern of Right Relationships
Aquinas sees Use as the object of justice and a way of expressing the pattern of right relationships within the larger plan of order. He argues that Use is not determined solely by positive law, but rather is derived from the overarching plan informing the whole order of creation. While positive law may contribute to new positive Use, it can never override the Use grounded in the eternal law. Aquinas emphasizes that Use is intimately connected to the good, particularly the common good. He explains that a true and valid Use must always be ordered under the common good and that individual rights claims cannot be in conflict with the common good. Aquinas proposes that correctly understanding the relationship between Use, justice, law, and the common good can help address complex political and legal issues.
Resolving Conflicts Between Individual Rights and the Common Good
Aquinas acknowledges that conflicts may arise between individual rights claims and the common good. He attributes these conflicts to human ignorance, errors, or selfishness. However, he maintains that such conflicts can be resolved. Aquinas argues that individual rights claims should be referred back to the common good, which is the ultimate basis for determining what is just. He encourages the proper ordering of desires and loves, where the higher common good is more lovable and takes precedence over particular goods. Aquinas also cautions against viewing the common good as antagonistic to individual goods, as the common good is itself the good of individuals. He suggests that political authority should be arranged to prevent abuses of power, but he emphasizes the need to reformulate claims of subjective rights in terms of justice and the common good. Aquinas concludes that there are no insurmountable conflicts between individual rights and the common good when rights claims are rightly understood as functions of justice and the common good itself.
This lecture was given on April 22, 2023, at the The Concept of “Ius” in Thomas Aquinas
For more information on upcoming events, please visit our website at www.thomisticinstitute.org.
About the speaker:
Fr. Dominic Legge, O.P., is the Director of the Thomistic Institute and an Assistant Professor in systematic theology at the Pontifical Faculty of the Immaculate Conception in Washington, D.C. He holds a J.D. from Yale Law School, a Ph.L. from the School of Philosophy of the Catholic University of America, and a doctorate in Sacred Theology from the University of Fribourg. He entered the Order of Preachers in 2001 and was ordained a priest in 2007. He practiced law for several years as a trial attorney for the U.S. Department of Justice before becoming a Dominican.
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