On Law, Morality, and Politics (Second Edition)

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Hackett Publishing, Mar 7, 2003 - Philosophy - 316 pages
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The second edition retains the selection of texts presented in the first edition but offers them in new translations by Richard J Regan -- including that of his Aquinas, Treatise on Law (Hackett, 2000). A revised Introduction and glossary, an updated select bibliography, and the inclusion of summarising headnotes for each of the units -- Conscience, Law, Justice, Property, War and Killing, Obedience and Rebellion, and Practical Wisdom and Statecraft -- further enhance its usefulness.
 

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Contents

Conscience
1
A13 Is Conscience a Power?
3
On the Goodness and Malice of Interior Acts of the Will
5
A6 Is the Will Good if It Wills in Accord with Erroneous Reason?
8
Law
10
A2 Is Law Always Ordered to the Common Good?
12
A3 Is Any Persons Reason Competent to Make Law?
13
A4 Is Promulgation an Essential Component of Law?
15
A2 Does Justice Always Consist of Relations to Others?
107
A3 Is Justice a Virtue?
109
A4 Does Justice Inhere in the Will as Its Subject?
110
A5 Is Justice Virtue in General?
111
A6 Is Justice in General Essentially Identical with All Virtue?
112
A7 Besides Justice in General Is There Particular Justice?
114
A8 Does Particular Justice Have Special Subject Matter?
116
A9 Does Justice Concern Emotions?
117

ST III Q 91 On Different Kinds of Law
16
A2 Is There a Natural Law in Us?
17
A3 Are There Human Laws?
19
A4 Did Human Beings Need a Divine Law?
20
A5 Is There Only One Divine Law?
22
A6 Is There a Law of Concupiscence?
24
On the Effects of Law
26
A2 Do We Suitably Designate Legal Acts?
28
ST III Q 93 On the Eternal Law
30
A2 Do All Know the Eternal Law?
32
A3 Is Every Law Derived from the Eternal Law?
33
A4 Are Necessary and Eternal Things Subject to the Eternal Law?
35
A5 Are Contingent Natural Things Subject to the Eternal Law?
36
A6 Are All Human Affairs Subject to the Eternal Law?
38
ST III Q 94 On the Natural Law
40
A2 Does the Natural Law Include Several Precepts or Only One?
42
A3 Do All Virtuous Acts Belong to the Natural Law?
44
A4 Is the Natural Law the Same for All Human Beings?
45
A5 Can the Natural Law Vary?
48
A6 Can the Natural Law Be Excised from the Hearts of Human Beings?
50
ST III Q 95 On Human Law
51
A2 Is Every Human Law Derived from the Natural Law?
53
A3 Does Isidore Appropriately Describe the Characteristics of Positive Law?
55
A4 Does Isidore Appropriately Designate Kinds of Human Law?
57
ST III Q 96 On the Power of Human Laws
59
A2 Does It Belong to Human Laws to Prohibit All Vices?
61
A3 Do Human Laws Command Every Virtuous Action?
63
A4 Does Human Law Impose Obligation on Human Beings in the Court of Conscience?
64
A5 Is Everyone Subject to the Law?
65
A6 Are Those Subject to the Law Permitted to Act Contrary to the Letter of the Law?
67
ST III Q 97 On Revision of Laws
69
A2 Should Human Laws Always Be Revised for Something Better?
71
A3 Can Customs Obtain the Force of Law?
72
A4 Can the Peoples Rulers Dispense Subjects from Human Laws?
74
Note
75
ST III Q 100 On the Moral Precepts of the Old Law
76
A2 Do the Moral Precepts of the Old Law Concern All Virtuous Acts?
77
A3 Do We Trace All the Moral Precepts of the Old Law to the Ten Commandments?
79
A8 Can Human Beings Be Dispensed from the Commandments of the Decalogue?
81
A9 Does the Way of Virtue Fall under Command of the Law?
83
A10 Does the Way of Charity Fall under Command of the Divine Law?
86
A11 Do We Appropriately Mark Out Other Moral Precepts of the Law besides the Decalogue?
88
A12 Did the Moral Precepts of the Old Law Make Human Beings Just?
91
On the Reason for Precepts Governing the Administration of Justice
93
Justice
97
On Right
98
A2 Do We Appropriately Divide Right into Natural and Positive Right?
100
A3 Is the Common Right of Peoples Jus gentium the Same as Natural Right?
101
A4 Should We Distinguish Paternal Right and MasterSlave Right as Special Kinds of Right?
103
On Justice
105
A10 Is the Mean of Justice a Real Mean?
119
A11 Do Acts of Justice Consist of Rendering to Others What Is Theirs?
120
A12 Is Justice the Most Important Moral Virtue?
121
On Particular Justice
123
A2 Do We Understand the Mean in Distributive and Commutative Justice in the Same Way?
125
A3 Do Distributive and Commutative Justice Have Different Subject Matter?
126
Property
130
A2 Are Individuals Permitted to Possess Property as Their Own?
132
A3 Does Secretly Taking Anothers Property Belong to the Nature of Theft?
134
A4 Are Theft and Robbery Specifically Different Sins?
135
A5 Is Theft Always a Sin?
136
A6 Is Theft a Mortal Sin?
138
A7 May One Lawfully Steal out of Necessity?
139
A8 Can One Commit Robbery without Sin?
140
A9 Is Theft a More Serious Sin than Robbery?
142
On Fraud in Buying and Selling
143
A4 Is It Lawful in Business to Sell Goods for More than One Paid for Them?
146
On the Sin of InterestTaking
148
A2 Can One Seek Any Other Advantage for Money Lent?
151
A3 Are Persons Obliged to Return All of Their Profits from Money Obtained as Interest?
155
A4 May One Lawfully Borrow Money Subject to the Payment of Interest?
156
On Covetousness
158
A3 Is Covetousness Contrary to Generosity?
160
A7 Is Covetousness a Capital Sin?
161
War and Killing
164
On Homicide
167
A7 Is It Lawful for a Person to Kill Another in SelfDefense?
169
A8 Is One Who Accidentally Kills Another Guilty of Homicide?
171
Obedience and Rebellion
173
A2 Is Obedience a Special Virtue?
175
A3 Is Obedience the Greatest Virtue?
178
A4 Should One Obey God in All Things?
180
A5 Are Subjects Obliged to Obey Their Superiors in All Things?
182
A6 Are Christians Obliged to Obey Secular Authorities?
184
On Legal Judgment
186
On Rebellion
188
Tolerance and ChurchState Relations
190
A11 Should the Religious Rites of Unbelievers Be Tolerated?
192
ST IIII Q 11 On Heresy
194
On the Relation of the Spiritual Power to the Secular Power
196
Practical Wisdom and Statecraft
197
A11 Is Practical Wisdom Regarding Ones Own Good Specifically the Same as Practical Wisdom Including the Common Good?
199
ST IIIIQ 50 On the Constitutive Parts of
200
A2 Do We Appropriately Designate Political Wisdom Part of Practical Wisdom?
202
What the Name King Signifies
203
How to Prevent Kings Lapsing into Tyranny
207
Glossary
211
Select Bibliography
218
Index
222
Copyright

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About the author (2003)

William P. Baumgarth is Associate Professor of Political Science, Fordham University.

Richard J. Regan is Professor of Political Science, Fordham University.

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