아퀴나스 법 이론의 균형감과 유연성

초록

In this paper, I try to provide an answer to the question of what insights Thomas Aquinas’s theory of law can offer to people today. I contend that his theory of law is exceptional in its sense of balance, flexibility, and consistency with ethical theory. To this end, in Section 2, I analyze Thomas’s definition of law, based on the theory of four causes, focusing on Summa Theologiae, I-II, Q.90. The definition of law as “the command of reason promulgated by those responsible for the community for the sake of the common good” demonstrates the harmony and integration of reason and will, the common good and the individual good, the ruler and the ruled, virtuous governance and the rule of law, and power and rationality. Furthermore, in Section 3, I examine the place of law within Thomas’s ethics and the flexibility inherent in the concept of law. Thomas’s theory of law functions not so much as an independent philosophy of law but rather as an external principle guiding human action within his ethics. It is one of the external principles governing human actions directed toward happiness, and it serves as an external guide to make actions virtuous and ultimately achieve the good. Therefore, contrary to common misunderstandings among modern people, his legal thought is neither a theory of law that emphasizes only the natural law aspect nor merely one option among normative ethical theories. Furthermore, his concept of law demonstrates considerable flexibility in that it sets forth conditions for exceptions to the law in order to uphold the spirit of the law without being bound by the letter of the law. In other words, his concept of law is closely linked to prudence; while it is not exempt from the rationality of law on a general level, it demonstrates flexibility in that it recognizes exceptions in special cases based on the common good and the intent of the legislature.

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