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Middle Ages

Thomas Aquinas

1225–1274 · Italy and France · Theologian and philosopher

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Read this first. These are short summaries of large lives and bodies of work, chosen to give a first map of legal thought, not a ranking. Dates are the standard ones, with 'c.' or 'active' where they are uncertain. We paraphrase and never quote, and each summary simplifies. Read the original works before you cite anyone. This is general information, not legal advice.

1800 BCAD 2000

Life and ideas

Thomas Aquinas, an Italian Dominican friar, taught at the University of Paris and in Italy and wrote the Summa Theologiae, an enormous systematic account of Christian thought. In the part known as the Treatise on Law, he defines law as an ordinance of reason for the common good, made and promulgated by whoever has care of the community. He distinguishes four kinds: the eternal law, God's plan for the universe; the natural law, the part of it that human reason can discover, whose first precept is to do good and avoid evil; human law, made by rulers to apply natural law to particular circumstances; and divine law, revealed in scripture. A human law that conflicts with natural law is, he says, not truly law but a corruption of law, though it may sometimes have to be obeyed to avoid scandal or disorder. His theory is the classic form of natural law thinking.

The big idea

Law is an ordinance of reason for the common good, made by the person in charge of the community. He divided law into eternal, natural, human and divine law, and argued that a human law that conflicts with natural law lacks the force of law.

Main work

Summa Theologiae, Treatise on Law

Legacy

The classic statement of natural law theory, still the starting point for modern natural lawyers.

The school of thought

  • Natural Law Theory: Law gets its force from morality: a gravely unjust rule is not truly law, or not fully law.
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