The Thomistic Institute
Natural Law And The U.S. Constitution: A Thomistic Introduction I Professor Joshua Hochschild
Jan 16, 2024
Guest Joshua Hochschild, Professor of Philosophy and Director of Philosophy, Politics and Economics at Mount St. Mary's University, explores the relationship between natural law and the U.S. Constitution, discussing topics such as Locke's conception of natural law, the existence of a higher law, and the nature of law according to Aquinas. The podcast also delves into the historical development of natural law and different interpretations of the founding of the United States in light of natural law.
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Quick takeaways
- Natural law is a standard of justice that exists prior to man-made laws and does not require a specific partisan or ideological stance.
- Aquinas understands natural law as an expression of reason and intelligence intrinsic to nature, reflecting divine intelligence and governing human actions and physical behavior.
Deep dives
The Nature of Natural Law
Aquinas' understanding of natural law is not associated with a political agenda or ideological inclination. Natural law is not a specific and highly technical theory, but rather a common-sensical and intuitive idea. It is inescapable to recognize that there is a standard of justice or obligation prior to man-made laws. This natural law is not partisan or ideological, as it can be acknowledged without presuming or agreeing on any detailed content. It can be expressed using various terms such as conscience, rights, duties, fairness, or justice. Natural law binds and obliges us before and independent of man-made laws, and it provides a foundation for ethical reasoning and judgment.
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