What Makes A Law Good | Father Dominic Legge, O.P.
Nov 1, 2023
auto_awesome
Fr. Dominic Legge, O.P., Director of the Thomistic Institute, discusses what makes a law good and explores Thomas Aquinas' perspective on goodness. The podcast explores different perspectives on the nature of law, Aquinas' definition of law for the common good, and the importance of creating laws that promote goodness in communities.
Goodness is a contextual and desirable notion that varies across different things, and laws should be ordinations of reason for the common good.
The common good is a higher form of good that can be shared by many without being diminished, and laws should be oriented towards the common good.
Deep dives
What Makes a Law Good?
Aquinas explores the question of what makes a law good by examining the nature of goodness itself. He explains that good is an analogical notion, not the same in every context, and that something is considered good because it is desirable and perfective in some way. Different things are perfected in different ways, so what is good for one thing may not be good for another. Aquinas also delves into what it means to say that something is desirable and how reason plays a role in human actions. From there, he moves on to discuss the common good, emphasizing that it is a higher form of good that can be shared by many without being diminished. Aquinas argues that laws should be ordinations of reason for the common good, functioning as a plan that orders and directs the community towards its highest goal.
The Nature of Law
Aquinas provides a definition of law as an ordination of reason for the common good made by one who has care of the community and promulgated. He distinguishes law from other things, noting that it is not merely a human artifact, but rather an emergence from the fact that humans are rational beings who can govern themselves and communicate through language. Reason acts as a measure of human acts, setting them apart from animal actions. Aquinas argues that laws should not be seen as exercises of power, but rather as an ordination of reason. He asserts that law belongs to a higher order than mere human will and desire, as it is related to the essence of human beings as rational creatures.
The Common Good
Aquinas dives into the concept of the common good, explaining that it is a noble and universal form of good that can be shared by many without being diminished. He distinguishes the common good from particular goods, which are individual and diminish when shared. Aquinas uses examples like family harmony, justice in a political community, and victory in a sports team to illustrate the common good. He emphasizes that the common good should be loved even more than individual private goods, as it contributes to the overall flourishing of a community. Aquinas argues that laws should be oriented towards the common good, making communities and individuals good. He challenges the idea that moral questions have no place in civil law, asserting that lawmaking is inherently a moral activity and cannot be divorced from considerations of what is good for a community and its members.
This lecture was given on October 27, 2023, at the Thomistic Institute in DC, on Capitol Hill
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.
Remember Everything You Learn from Podcasts
Save insights instantly, chat with episodes, and build lasting knowledge - all powered by AI.
