Aquinas on Human Law vs. Natural Law
The idea of justice and the law are intertwined. St. Thomas Aquinas describes justice as a habit whereby a person delivers to each one his due by a continual and everlasting intention in his publication “What is Law.” Justice is essentially a virtue that gives everyone and anyone what they ought to receive based on divine and human reason (82).
Justice is related to law because whatever can be considered unjust cannot become law. Laws should be based on the ideals of justice and guarantee that everyone is treated equally and fairly. In this regard, the law ought to be a tool for advancing justice by establishing a set of laws and regulations that make sure everyone gets what they deserve.
Notably, there are such things as unjust laws. Murphy asserts that unjust legislation contradicts the natural law, a body of moral norms ingrained in human nature (84). For instance, it would be considered unfair if a law encouraged or permitted violence or discrimination against a certain group since it goes against the natural law premise that all persons deserve dignity and value. Regarding the necessary starting points with law, Aquinas contends that the law must be founded on reason and be in harmony with the common welfare as necessary precepts for law.
The question remains of what happens when the law fails to uphold justice. Drawing from Aquinas and Murphy’s ideologies, civil disobedience is the ultimate response to unjust laws. Civil disobedience is a term used to describe nonviolent protest or the refusal to abide by unfair laws to highlight injustice and promote change. The action must be taken responsibly, in a nonviolent manner, and with the moral conviction that the law is intrinsically unfair.
Aquinas denotes the distinctions between natural and human laws. Natural laws are based on the speculative reason of eternal laws, but human laws are founded on practical reasoning to supplement natural laws. Natural law is independent of human rules since it is preexisting and transcendent. Human law is required to control how people behave in society, but to be fair and successful, it must be based on natural law. Natural law is an immutable moral norm that can be understood by reason and applies to all people, regardless of their background or current circumstances.
Human Fulfillment and the Foundation of Legal Norms
Human fulfillment or purpose components are not always obvious or widely accepted. However, proponents of natural law theory, like Thomas Aquinas, contend that perfect happiness is the ultimate aim of human existence that can only be realized by adhering to natural law (Aquinas 82). Legal norms from such principles prioritize the common good over individual interests to safeguard human rights and dignity while encouraging virtue and discouraging evil.
Augustine, King, and the Legitimacy of Unjust Laws
Martin Luther King Jr. cites Augustine’s adage that “an unjust law is no law at all.” This claim indicates that laws that contravene natural law principles or fail to uphold human rights and dignity are invalid and deserve neither respect nor compliance. King relied on a higher law, the natural law, rather than the positive law made by the state; hence, the fact that he ended up in jail does not necessarily refute Augustine’s assertion.
Justifying Civil Disobedience: Beyond Natural Law
Finally, King regards natural law as having a higher authority than positive law, justifying his civil disobedience (98). Other moral, religious, or philosophical ideals like justice, equality, or the common good may also justify positive legal disobedience. These justifications may be recognized as “legal” grounds depending on the situation and the applicable legal system.