John Bauer
Reformed
- Jul 21, 2022
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You mention Aquinas, but Aquinas also wrote that an unjust law is no law at all.
A man was shot multiple times on the ground after being disarmed. The question, "Is this unjust?" isn't hard to figure out.
The question isn’t hard because the question is premature. Your moral conclusion assumes facts not yet demonstrated—namely, that the use of force was unjust under the relevant standards and that Pretti posed no continuing threat. Moral judgment requires truthful description, not incomplete narrative framing.
And it was not Aquinas who said “lex esse non videtur quae iusta non fuerit.” He credited Augustine for saying that (De Libero Arbitrio I.5). Moreover, Aquinas is in agreement with me on this, for he said that laws can be unjust in two ways: either by opposition to human good or to divine law. With respect to the former, laws are unjust if they are ordered to the ruler’s private interests, if they exceed the power committed to the ruler, or if they are imposed unequally on the subjects (even with a view to the common good).
But even then, Aquinas said that “such laws do not bind in conscience, except perhaps in order to avoid scandal or disorder”—nisi forte propter vitandum scandalum vel turbationem—“for which cause a man should even yield his right, according to Matthew 5:40-41.” Thomas Aquinas, Summa Theologiae I–II, q. 96, a. 4.
Aquinas doesn’t teach that any perceived injustice voids authority, but rather only grave injustice contrary to the common good or divine law, and even then the factual predicate must be established. Again, if your claim is that a grave injustice occurred sufficient to nullify lawful authority, you need to specify the concrete facts and standards by which that judgment is made.
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