Aristotle and Aquinas Essay -- Philosophy essays

Aristotle and Aquinas      Ã‚  Ã‚   Among political theorists, the debate over the rule of law has been quite intense.   From the earliest days of political philosophy through to the enlightenment, there have been varying views on what the rule of law should be.   Two thinkers in particular - Aristotle and St. Thomas Aquinas - are perhaps the most influential.   On the surface, they both advocate the rule of law as playing a crucial role in society.   But upon deeper analysis, one finds that Aristotle's views sharply contrast with those of Aquinas.   This essay shall attempt to elucidate the disagreement between Aristotle and Aquinas, by first outlining Aristotle's arguments for and against the rule of law, and then by explaining what Aristotle would find inadequate with Aquinas' arguments.      In the third book of Politics (1286a8ff.), Aristotle presents a number of arguments for and against the rule of law.   He begins by posing a question around which his ensuing discussion revolves:    The beginning point of the inquiry if this:   whether it is more advantageous to be ruled by the best man or by the best laws.1    He proceeds to point out that laws only speak of the universal, and that they "do not command a view to circumstance"2   He uses the analogy of an Egyptian doctor to prove his point.   In Egypt, a doctor must follow legal procedure when treating a patient.   It is only after the fourth day that the doctor is legally permitted to use his or her own discretion, and even then, it is at his or her own risk.   Thus, the doctor must follow the prescribed routine (until the fourth day), even if it leads to the death of his patient.   Aristotle uses this example to illustrate that the best regime cannot be one that i... ...le by law, or to fool by law;   that is the question.   And the debate still rages on.    BIBLIOGRAPHY: Lord, Carnes [trans.]   Aristotle, The Politics.   University of Chicago Press; Chicago;   1985 Baumgarth, William P. and Richard J. Regan [eds.]   Aquinas, St. Thomas.   On Law, Morality, and Politics.   Hackett Publishing Company, Indiana;   1998       1 Lord, Carnes [trans.] - Aristotle, The Politics.   P. 111 Ln. 8-9 2 Ibid.  Ã‚   Ln. 11-12 3 Ibid.  Ã‚   Ln. 20-21 4 Ibid.  Ã‚   Ln. 30 5 Ibid.  Ã‚   Ln. 35 6 Ibid.   Pp. 111-112.   Ln.36-37 7 Ibid.   P. 112.   Ln. 2 8 Ibid.  Ã‚   Ln.6 9 Ibid.   P. 114.   Ln 28 10 Ibid.   P. 115.   Ln. 4-5 11 Baumgarth, William P. and Richard J. Regan [eds.]   Aquinas, St. Thomas.   On Law, Morality, and Politics.   P. 57 12 Ibid.  Ã‚   Pp. 57-58 13 Ibid.  Ã‚   P. 58 14 Ibid.  Ã‚   P. 116.   Ln. 28