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In A Comparative Analysis of Cicero and Aquinas, Charles P. Nemeth investigates how, despite their differences, these two figures may be the most compatible brothers in ideas ever conceived in the theory of natural law. Looking to find common threads that run between the philosophies of these two great thinkers of the Classical and Medieval periods, this book aims to determine whether or not there exists a common ground whereby ethical debates and dilemmas can be evaluated. Does comparison between Cicero and Aquinas offer a new pathway for moral measure, based on defined and developed principles? Do they deliver certain moral and ethical principles for human life to which each agree? Instead of a polemical diatribe, comparison between Cicero and Aquinas may edify a method of compromise and afford a more or less restrictive series of judgements about ethical quandaries.
In A Comparative Analysis of Cicero and Aquinas, Charles P. Nemeth investigates how, despite their differences, these two figures may be the most compatible brothers in ideas ever conceived in the theory of natural law. Looking to find common threads that run between the philosophies of these two great thinkers of the Classical and Medieval periods, this book aims to determine whether or not there exists a common ground whereby ethical debates and dilemmas can be evaluated. Does comparison between Cicero and Aquinas offer a new pathway for moral measure, based on defined and developed principles? Do they deliver certain moral and ethical principles for human life to which each agree? Instead of a polemical diatribe, comparison between Cicero and Aquinas may edify a method of compromise and afford a more or less restrictive series of judgements about ethical quandaries.
The Aristotelian Society of Marquette University each year invites a scholar to speak on the Philosophy of St. Thomas Aquinas. Those lectures have come to be called the Aquinas Lectures and are customarily delivered on the Sunday nearest March 7, the feast day of the Society's patron saint. For the year 1945, the Society has the pleasure of publishing the lecture by Edward Kennard Rand, Pope Professor of Latin emeritus, Harvard University.
Thomas Aquinas (ca. 1225-1274) affirms that the natural moral virtue of religion has a high place among the virtues when he considers the human person as a moral agent in the Secunda Secundae Pars of his Summa Theologica. Far from suggesting that he advocates for an emotionless, merely duty-based conception of religion, the fact that Aquinas considers religion a natural human virtue speaks to a powerful and perhaps-shocking belief: that being in right relationship with the true, living God of the Old and New Testaments perfects-and does not destroy-our humanity. He says that the natural moral virtue of religion "excels among the moral virtues" which "are [all] ordered to God as their end." This is because "religion approaches nearer to God than the other moral virtues, in so far as its actions are directly and immediately ordered to the honor of God." Thomas cites Marcus Tullius Cicero (106-43 BC), a Roman pagan, often in his discussion of the virtue of religion, even taking the definition of the virtue from Cicero's De Inventione. Cicero himself struggled personally with the question of what "true religion" was and he shares the labors of his personal search most explicitly in his works De Natura Deorum and De Divinatione. This thesis, which is a historical and comparative analysis of the virtue of religion for Cicero and Aquinas, has three goals: to articulate Cicero's conception of the natural human virtue of "religio" in his own terms as he thought of it in his ancient Roman and pagan context; to articulate Aquinas's conception of "religio" in his own terms as he thought of it in his medieval Catholic-Christian context; and to offer a concluding reflection on how Aquinas hypothetically might argue that Cicero's ultimately unresolved, Academic-Skeptical response to the question of "true religion" could find a more deeply spiritually-and-humanly-fulfilling answer in the Catholic faith. While this is not a theology thesis, in order to compare Aquinas and Cicero's understandings of religious practice, theology will be needed to fill in the background of their two distinct philosophical starting points. While Aquinas believes that one could know much more about God through human reason than what Cicero or his contemporaries articulated, Aquinas also affirms that there are certain truths about the divine nature, and even about the nature of the universe, that human reason alone is not able to definitively settle. Therefore, in the conclusion, we will discuss how Aquinas supplements and perfects Cicero's articulation of true religion using human reason aided by Christian revelation. In the conclusion, I will also offer a potential way to understand the diverse religious practice in our contemporary world in light of a Thomistic, Christian conception of the virtue of religion.
This book is focused on the reception history of Thomas Aquinas' account of Eucharistic sacrifice during the sixteenth and early seventeenth centuries. Although the sacrificial character of the Eucharist has been of interest to theologians throughout the Church's history, during the early sixteenth century renewed attention was given to this subject, in part because of disputes that arose between Reformed and Catholic theologians about the relationship between the Eucharistic liturgy and Christ's sacrifice on the cross. Does the Eucharistic presence itself have a sacrificial quality? Can aspects of the liturgy or dimensions of the moral life be considered a sacrifice, and if so in what way? The emergence of these and other new questions in Eucharistic theology at the beginning of the sixteenth century coincided with a shift within the practice of theology in universities that began to emphasize Aquinas' Summa theologiae as the standard text of theological instruction, in place of Peter Lombard's Sentences. Because of the Summa's relatively late ascendency as a text of commentary and instruction, studying the Summa's reception history involves the interpreter in a complex textuality. Although itself a product of the middle ages, as a received text the Summa is in many ways a creature of the early modern period. Interpreting the reception of this text therefore requires one to consider not only the Summa in its original environment, but the life of this same text as it was received in new interpretive contexts.
Since America’s founding, natural law principles play a critical role in the development of rights and human dignity. Commencing with the notion that rights are derived from a higher, metaphysical power over mere promulgation and human legislation, the natural law advocate sees law and human rights in the context of a more perpetual and perennial philosophy. Coupled with this is the view that the natural law provides a series of undeniable precepts for human operations or a natural prescription for human life based on the natural order. Hence early court cases tend to emphasize the “natural” versus the unnatural and just as compellingly argue that the natural order, aligned with the eternal law, delivers a measure for human action. Earlier US Supreme Court cases often use this sort of language in granting or denying rights in certain human activity. As a result, a survey of some of the most significant landmark cases from the Supreme Court are assessed in “Natural Law and the US Supreme Court since Roe v. Wade” and by implication, those cases which seem to disregard these fundamental principles, such as the slavery decisions, are highlighted.
Criminal Law: Historical, Ethical, and Moral Foundations, 3rd edition, blends legal and moral reasoning in the examination of crimes and explores the history relating to jurisprudence and roots of criminal law. In order to fully grasp criminal law concepts, students must go beyond mere rote memorization of the penal code and endeavor to understand where the laws originate from and how they have developed. This book fosters discussions of controversial issues and delivers abridged case law decisions that target the essence of appellate rulings. Grounded in the Model Penal Code, making the text national in scope, this volume examines: Why the criminal codes originated, and the moral, religious, spiritual, and human influences that led to our present system How crimes are described in the modern criminal justice model The two essential elements necessary for criminal culpability: actus reus (the act committed or omitted) and mens rea (the mind and intent of the actor) Offenses against the body resulting in death, including murder, manslaughter, felony murder, and negligent homicide Non-terminal criminal conduct against the body, including robbery, kidnapping, false imprisonment, assault, and hate crimes Sexual assault, rape, necrophilia, incest, and child molestation Property offenses, such as larceny/theft, bribery, forgery, and embezzlement Crimes against the home, including burglary, trespassing, arson, and vandalism The book also examines controversial public morality issues such as prostitution, drug legalization, obscenity, and pornography. The final two chapters discuss inchoate offenses, where the criminal act has not been completed, and various criminal defenses, such as legal insanity, entrapment, coercion, self-defense, and mistake of fact or law. Important keywords introduce each chapter, and discussion questions and suggested readings appear at the end of each chapter, prompting lively debate and further inquiry into a fascinating subject area that continues to evolve. Updated to include the latest developments in the law, this book is appropriate for undergraduate students in criminal law and related courses.
Since formed in 2002, DHS has been at the forefront of determining and furthering some of the most hotly debated security issues facing the U.S. and global community in the 21st century. Nearly 200 university programs with undergrad and graduate majors have cropped up in the last dozen-plus years with limited resources available to teach from. Homeland Security, Third Edition will continue to serve as the core textbook covering the fundamental history, formation, oversight, and reach of DHS currently. The book is fully updated with new laws, regulations and strategies across intelligence, transportation sectors, emergency management, border security, public utilities and public health.