Topic > Aristotle and Thomas Aquinas - 2005

Aristotle and Thomas AquinasAmong political theorists, the debate on the rule of law has been quite intense. From the dawn of political philosophy to the Enlightenment, there have been differing opinions on what the rule of law should be. Two thinkers in particular – Aristotle and St. Thomas Aquinas – are perhaps the most influential. On the surface, both argue that the rule of law plays a crucial role in society. But upon closer analysis, it turns out that Aristotle's views contrast sharply with those of Aquinas. This essay will attempt to clarify the disagreement between Aristotle and Aquinas by first outlining Aristotle's arguments for and against the rule of law, and then explaining what Aristotle would find inconsistent with Aquinas' arguments. In the third book of Politics (1286a8ff.), Aristotle presents a series of arguments for and against the rule of law. He begins by asking a question around which the subsequent discussion revolves: The starting point of the question is this: whether it is more advantageous to be governed by the best man or by the best laws.1 He goes on to point out that laws speak only of the universal, and that "they do not command in view of the circumstances"2. He uses the analogy of an Egyptian doctor to prove his point. In Egypt, a doctor must follow the legal procedure when treating a patient. Only after the fourth day is the doctor legally allowed to use his discretion and, even then, he does so at his own risk. Therefore, the doctor must follow the prescribed routine (until the fourth day), even if this leads to the death of his patient. Aristotle uses this example to illustrate that the best regime cannot be one which... middle of paper... reads, or deceives by law; that's the question. And the debate still rages. BIBLIOGRAPHY: Lord, Carnes [trans.] Aristotle, Politics. University of Chicago Press; Chicago; 1985Baumgarth, William P. and Richard J. Regan [eds.] Aquinas, St. Thomas. On law, morality and politics. Hackett Publishing House, Indiana; 19981 Lord, Carnes [trad.] - Aristotle, Politics. Page 111 Ln. 8-92 Ibid. Ln. 11-123 Ibid. Ln. 20-214 Ibid. Ln. 305 Ibid. Ln. 356 Ibid. Pp 111-112. Ln.36-377 Ibid. P. 112. Ln. 28Ibid. Ln.69 Ibid. P. 114. Ln 2810 Ibid. P. 115. Ln. 4-511 Baumgarth, William P. and Richard J. Regan [eds.] Aquino, St. Thomas. On law, morality and politics. P.5712 Ibid. Pp 57-5813 Ibid. P.5814 Ibid. P. 116. Ln. 28