1. NML The Four Tiers of Law Flashcards
what are the four tiers of law
eternal
divine
natural
human
what is eternal law
ETERNAL LAW: THE PRINCIPLES BY WHICH GOD MADE AND CONTROLS THE UNIVERSE AND WHICH ARE ONLY FULLY KNOWN TO GOD
At the top of the hierarchy is the Eternal Law.
Aquinas viewed the Eternal Law as the divine and unchanging plan of God that governs the entire universe.
It encompasses the overall order and purpose of creation. The Eternal Law is beyond human comprehension and serves as the foundation for all other forms of law.
what is Divine Law
DIVINE LAW: THE LAW OF GOD REVEALED IN THE BIBLE, PARTICULARLY IN THE TEN COMMANDMENTS AND THE SERMON ON THE MOUNT.
Divine Law is derived from the Eternal Law and is revealed by God to humanity through sacred scriptures, prophets, and religious teachings.
It includes the moral and ethical precepts that guide human conduct and the worship of God. In Christian theology, the primary source of Divine Law is the Bible. Divine Law provides guidance on how humans should live in accordance with the will of God.
what is natural law
NATURAL LAW: THE MORAL LAW OF GOD WITHIN HUMAN NATURE THAT IS DISCOVERABLE THROUGH THE USE OF REASON
Natural Law is derived from the Eternal Law and is accessible to human beings through their reason and rationality. Aquinas believed that human beings possess an inherent understanding of basic moral principles and that these principles are in harmony with the Eternal Law. Natural Law consists of universal and unchanging moral principles that are discernible through human reason. It governs human behavior and serves as a guide for moral decision-making.
what is human law
HUMAN LAW; THE LAWS OF NATIONS
Law is the lowest tier in Aquinas’s hierarchy of law. It is created by human beings and is grounded in the principles of Natural Law. Human Law consists of civil laws, statutes, and legal systems developed by societies to regulate human behavior and maintain order. While Human Law should ideally align with Natural Law, Aquinas recognized that it may fall short at times. However, he believed that legitimate Human Laws should be based on reason and reflect the principles of justice.
what will dialectic (rational debate) lead to
Rational debate (dialectic) - will lead human beings to understand how natural law works - it will also lead them to see beyond the laws of nature to God’s eternal Law. (Yet human beings can never fully grasp this eternal law)
how do we know what acts are in accordance with Eternal law
These four levels of Law must be examined rationally
how are the four levels of law related
These four tiers of law are interconnected and hierarchical. The Eternal Law serves as the foundation for Divine Law, which, in turn, informs Natural Law. Natural Law, in its turn, provides the principles that should guide the formulation of Human Law.
According to Aquinas, a just human legal system should be based on Natural Law, which is derived from the Eternal Law and aligns with Divine Law.
