Skip to main content Accessibility help
×
Hostname: page-component-586b7cd67f-vdxz6 Total loading time: 0 Render date: 2024-11-22T14:46:13.226Z Has data issue: false hasContentIssue false

13 - Eternal Law, Natural Law, Natural Rights

Freedom and Power in Aquinas

from Part II - Natural Law Foundations of Human Rights Obligations

Published online by Cambridge University Press:  03 November 2022

Tom Angier
Affiliation:
University of Cape Town
Iain T. Benson
Affiliation:
University of Notre Dame, Australia
Mark D. Retter
Affiliation:
University of Cambridge
Get access

Summary

This chapter argues that Aquinas’ conception of eternal law implies a particular way of understanding human freedom, reflected in his treatment of natural rights. To make this argument plausible, it is necessary to show that Aquinas does endorse some notion of subjective natural rights. While he does not have a theory of natural rights, he does have a working knowledge of the legal norms of his time, including practices of claiming and vindicating natural rights. He accepts, seemingly without question, that individuals can, under certain circumstances, claim something or resist the claim of another on the basis of a natural or divine jus, or right, including most notably a right to material necessities of life, and a right to make decisions for one’s young children. Importantly, these are not just asserted as objective duties; he defends the power of individuals to assert these rights without fear of punishment or coercion, even in cases in which one asserts a right to do something wrong. These aspects of Aquinas’ thought raise illuminating connections between the theological conception of eternal law and an account of natural rights, taking Aquinas’ remarks as a starting point.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2022

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×