Aristotle and Aquinas Essay -- Philosophy essays

Aristotle and Aquinas Among political theorists, the debate over the rule of law has been quite intense. From the earliest days of political philosophy through to the enlightenment, at that place have been varying views 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, they both(prenominal) advocate the rule of law as playing a crucial role in society. But upon deeper analysis, one finds that Aristotles views sharply contrast with those of Aquinas. This essay shall onslaught to elucidate the disagreement between Aristotle and Aquinas, by first outlining Aristotles arguments for and against the rule of law, and then by explaining what Aristotle would find inadequate with Aquinas arguments. In the third book of Politics (1286a8ff.), Aristotle presents a number of arguments for and against the rule of law. He begins by posing a question around which his ensuing discussion revolves The beginning point of the inquiry if this whether it is more positive to be ruled by the best man or by the best laws.1 He proceeds to point out that laws only speak of the universal, and that they do not command a view to circumstance2 He uses the analogy of an Egyptian doctor to prove his point. In Egypt, a doctor moldiness follow legal procedure when treating a patient. It is only after the fourth day that the doctor is legally permitted to use his or her own discretion, and even then, it is at his or her own risk. Thus, the doctor must follow the prescribed routine (until the fourth day), even if it leads to the death of his patient. Aristotle uses this example to illustrate that the best regime cannot be one that i... ...le by law, or to fool by law that is the question. And the debate still rages on. BIBLIOGRAPHY Lord, Carnes trans. Aristotle, The Politics. University of Chicago Press Chicago 1985 Baumgarth, William P. and Richard J. Regan eds. Aquinas, St. Thomas. On Law , Morality, and Politics. Hackett Publishing Company, Indiana 1998 1 Lord, Carnes trans. - Aristotle, The Politics. P. 111 Ln. 8-9 2 Ibid. Ln. 11-12 3 Ibid. Ln. 20-21 4 Ibid. Ln. 30 5 Ibid. Ln. 35 6 Ibid. Pp. 111-112. Ln.36-37 7 Ibid. P. 112. Ln. 2 8 Ibid. Ln.6 9 Ibid. P. 114. Ln 28 10 Ibid. P. 115. Ln. 4-5 11 Baumgarth, William P. and Richard J. Regan eds. Aquinas, St. Thomas. On Law, Morality, and Politics. P. 57 12 Ibid. Pp. 57-58 13 Ibid. P. 58 14 Ibid. P. 116. Ln. 28