Thomas Aquinas: 'Law is nothing other than a certain ordinance of reason for the common good, promulgated by the person who has the care of the community.'

Law is nothing other than a certain ordinance of reason for the common good, promulgated by the person who has the care of the community.

In his famous quote, Thomas Aquinas offers an insight into the nature of law and its purpose. He defines law as an ordinance of reason that is established for the common good and is put into effect by those who have been entrusted with the responsibility of caring for the community. At first glance, this statement seems straightforward, highlighting the idea that laws are not arbitrary rules but are derived from reason and serve the betterment of society as a whole. However, to delve into a deeper understanding of this concept, let us introduce an unexpected philosophical concept: the idea of natural law.Contrasting with positive law (man-made laws enacted by governmental institutions), natural law is an inherent and universal moral code that governs human behavior. The concept of natural law suggests that there are certain fundamental ethical principles that are encoded in the fabric of the universe, transcending man-made laws. These natural laws are believed to be discernible through reason and can be applied universally. This concept adds an interesting layer to Aquinas' quote, as it prompts us to question the origin and nature of the "reason" that he speaks of.Aquinas argues that laws devised for the common good must be founded on reason. It implies that to establish just and fair laws, those in positions of authority must exercise reason and discern the moral principles embodied in natural law. By doing so, they ensure that the laws they create align with the innate sense of justice that exists within every human being. In this sense, the concept of natural law resonates with Aquinas' assertions about the importance of reason in establishing laws for the common good.However, the notion of natural law also brings forth a potential challenge. If laws should be derived from reason and the principles of natural law, who is to determine what these principles are? Different individuals and societies may have varying interpretations of what constitutes natural law, leading to potential conflicts in establishing universally just laws. Additionally, the complexity of contemporary issues may render the application of natural law into practical legislation a challenging task.Nonetheless, Aquinas' emphasis on reason as the foundation of law remains significant. By recognizing reason as the guiding principle, laws can be evaluated and critiqued based on their alignment with the common good and their adherence to the natural law. It underlines the importance of subjecting laws to ethical scrutiny rather than blindly adhering to them. This approach fosters a society where laws are not viewed as arbitrary impositions but as instruments for the betterment of society.Aquinas' quote invites us to reflect on the power and potential of law while recognizing the intricate relationship between reason, common good, and the broader concept of natural law. It prompts us to question the origin and nature of laws and encourages us to engage in a philosophical exploration that goes beyond the confined boundaries of legal systems. Understanding the underlying principles that govern sound legislation allows us to foster a society founded on justice, equality, and the optimal well-being of its members.