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Treatise On Law (STUDIES LAW & CONTEM), by St. Thomas Aquinas
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In this translation of Saint Thomas Aquinas’s The Treatise on Law, R. J. Henle, S.J., a well-known authority on philosophy and jurisprudence, fluently and accurately presents the Latin and English translation of this important work. Henle provides the necessary background for an informed reading of the Treatise, as well as the only in-depth commentary available in English on this text.
The first section of the book contains an introduction to St. Thomas’s life, work, writings, and jurisprudence. Henle discusses the structure of St. Thomas’s magnum opus, Summa Theologiae, from which The Treatise on Law is excerpted. A brief section is included on Scholastic philosophy and also on St. Thomas’s approach to the study of law. Henle then examines Thomas’s definition of a law and the general doctrinal background for the Treatise. Finally Henle explores St. Thomas’s sources, including his use of auctoritates, or authoritative quotations drawn primarily from the Bible, Aristotle, St. Augustine, and St. Isidore of Seville.The second part of the book contains the Latin text of the Treatise presented unit by unit, each followed by the English translation and, when appropriate, by a comment. The Treatise on Law will be of interest to law students, lawyers, judges, and legal scholars. It will also appeal to those interested in St. Thomas’s legal philosophy, such as political scientists,theoretical sociologists, and cultural historians. For philosophers, especially beginners in medieval philosophy, it serves as a good introduction to the thought of St. Thomas. "Distinguished Jesuit scholar R.J. Henle provides us with a text and translation of the Treatise on Law that both locates it in its native habitat and enables it to live a responsible life on its own. Henle has produced a magnificently useful book that should revolutionize courses in moral and political philosophy as well as those in jurisprudence." --Ralph McInerny, author of A First Glance at St. Thomas Aquinas- Sales Rank: #1625059 in Books
- Published on: 1993-05-31
- Original language: English
- Number of items: 1
- Dimensions: 9.00" h x 1.00" w x 6.00" l, 1.17 pounds
- Binding: Paperback
- 368 pages
Language Notes
Text: English (translation)
Original Language: Latin
From the Back Cover
St. Thomas's Summa theologiae is often compared to a medieval cathedral because of its sublime construction both as a work of logic and literary architecture. Here is a mere tip of one of the spires, summarizing the great Saint's views on the nature and structure of law. Believing that law achieves its results by imposing moral obligations rather than outright force, St. Thomas defines the Christian view of liberty. And he asks - and answers - the deep questions: What are the roots of the moral obligations imposed by law? By what warrant does the human legislator bind the consciences of men? Should custom be given the force of law? What are the limits within which men may exercise their power? Aquinas addresses issues that perplex Americans - and their courts - to this day. Now with a new introduction by University of Notre Dame professor of philosophy, medieval scholar, and director of the Jacques Maritain Center, Ralph McInerny.
About the Author
R. J. Henle, S.J. (1909–2000) was professor emeritus of philosophy and jurisprudence at St. Louis University. Father Henle published hundreds of books, articles, and reviews.
Most helpful customer reviews
10 of 10 people found the following review helpful.
A Thoughtful Treatise on the Law
By James E. Egolf
St. Thomas Aquinas (c.1224-1274)did not write a specific Treatise on Law. Rather this book edits part of St. Thomas' SUMMA THEOLOGIAE whereby Aquinas made intelligent comments on law. Father R.J. Henle, S.J. did a masterful job in compiling and editing Aquinas' TREATISE ON LAW. A very unique feature of this book is the Father Henle's excellent editing of this book. Father Henle gives readings careful notes to improve reading and understanding the text. He has the English and Latin of Aquinas' text which is a benefit to those who know Latin.
Father Henle begins this book with a precise explanation of how Scholastic arguements were arranged. He gives the method of argument and response used in Medieval universities. Father Henle also provides insight how the Scholastic method was used by St. Thomas Aquinas in Aquinas' texts including THE TREATISE ON LAW.
21st. century readers should know how Aquinas defined the law. Aquinas argued that the the law gave each man his due-good or bad. Aquinas begins with view that the law was Natural Law. He argued that the Natural Law could be traced to God's Law since God or the Divine Being (The Unmoved Mover according St. Thomas Aquinas)was the creator of all things including law and civil behavior.
Aquinas carefully explained the men obey the law because, as part of God's creation, men were prone to approach the Divine. Or, because of the fact men were not perfect, some men obeyed the law because of the threat of legal sanctions. He offered an interesting view that those who obeyed the law due to legal sanctions could be influenced to see the benefits of the law. The law was positive in that it protected men and promoted social harmony. The law was negative in that men could be legally punished for harmiing "their fellow man."
St. Thomas Aquinas also knew that some rulers and some laws were unjust. He stated that an unjust law was not law at all, and those who actively followed an unjust law were not only guilty of wrong doing but were also engaged in evil which offended God. Yet, Aquinas also urged caution and prudence as he realized that few men had a martyr complex.
Aquinas would have refuted such "reformers" such as Luther and Calvin. Father Henle has a brief comment in page 230 that Aquinas realizing that men were not perfect, they could be good with the aid of the Catholic Church and desire to be better. G.K. Chesterton had a good comment when he stated that Original Sin did not mean men were derpraved or inherently evil. Chesterton argued that Original Sin meant that men were not as good as they could be which is a view Aquinas shared. Aquinas would have refuted Calvin's view that many of not most men were reprobates and were lost. Aquinas would have disagreed in that men were not hopeless since God created Man.
One disagreement that this reviewer has with St. Thomas Aquinas is his statement that a judge was required to impose legal sactions including the death penalty even if the judge knew the defendant were innocent. Aquinas argued that a jury or a presentation could be in error, but Aquinas argued that the law had to be followed.
St. Thomas Aquinas was opposed to unjust law, but he was obviously no political revolutionary. He realized that law is complex,and he was adament that the law had to be carefully explained. A federal judge recently overturned a legal decision because the defendant was denied a far explanation of the law. The judge cited St. Thomas Aquinas as part of his reasoning.
Father Henle edited a solid book. His edition would be of interest to anyone who knows Latin as well a novices who study Latin. The book is a useful guide to those who want a better undertstanding of legal reasoning. The book is also useful to those who want a better understanding of Medieval Scholasticism and philsophy. Obviously this reviewer strongly recommends this book
3 of 3 people found the following review helpful.
Excellent reading
By Lawrence M. Sanger
The reader of the cassette tape version of *Treatise on Law* does an excellent job--well-paced, clear, and natural-sounding (as natural as a medieval philosopher can be made to sound!). I listened to this a few times while commuting. That's not easy to do as the book is rather dense, and I would not recommend doing that unless you already have some familiarity with subject matter. There is one thing that makes putting Aquinas's *Summa Theologica* on tape particularly unwieldy: the objections are all stated, followed by the responsio, and then the replies. By the time you get to the replies you will probably have forgotten which objection was which, and the context of the replies does not always make this clear. I rate the production 5 stars nonetheless, because I think it would probably be taking too great of inappropriate editorial liberties to group objections with replies together--even though this would probably make them easier to understand. Obviously, you should have a copy of the text to refer to when you get home; then you can sort out confusions.
Anyone who gives classics like this fewer than 5 stars on grounds of the content of the works is being silly. I give the production itself 5 stars as well.
12 of 12 people found the following review helpful.
A Seminal Work in the History of Natural Law
By Michael F. Hynes
Admitedly a difficult work to read, Thomas Aquinus' Treatise on Law is well worth the effort. Its difficulty stems from the strictures of its genre-- the scholastic method of dispution, important in the devolpement of modern critical thinking. The treatise is a rich work that seeks to probe the limits of human ethical knowledge. He asks us to consider the questions "what are my rights, how can I know and guarantee them, what are the limits of the state in relation to the individual." If you've ever pondered the meaning of the words "we hold these truths to be self-evident" in the Declaration of Independence, start with this book. Aquinus has few peers in his understanding of what it means to be a human-being. Agree or disagree with him, Aquinus' vision of a universe whose very fabric both constitutes and guarantees a moral order is deeply moving and ennobling. No less a person than the Rev. Dr. Martin Luther King acknowledged in his Letter from a Birmingham Jail his debt to the Treatise on Law. If you love freedom, read this book!
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