Thomas Aquinas: on law, tyranny and resistance
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Date
2010
Authors
Swartz, N. P.
Journal Title
Journal ISSN
Volume Title
Publisher
Faculty of Theology, University of the Free State
Abstract
Thomas Aquinas’s notion on law, tyranny and resistance served as a limitation on governmental
powers. When those who bear the law command things which exceed the
competence of such authority, the subject is free to obey or disobey. The function of
the law culminates in two maxims: quantum ad vim coactivam legis and quantum ad
vim directivam. With regard to the former, the prince is above the law (legibus solutus).
It implies the principle of Salus reipublicae suprema lex, which means that the safety of
the state is the supreme law. According to this principle property, liberty and life (basic
individual rights) are subordinate to or even sacrificed for the supposed public good.
With regard to the latter, the prince’s power should be subject to the law. The vis directiva
limits the authority of the prince. This principle is in accordance with the rule of law.
This notion is concomitant with the constitutional principles entrenched in the Constitution
of South Africa, Act 108 of 1996. The idea of the Constitution is also bolstered by
the entrenchment of the rule of law. The purpose of the rule of law is to protect basic
individual rights. Hereafter the rule of law requires the prince or state to act in accordance
with the law. It also means that the prince or branches of state must obey the law.
If the prince or state acts without legal authority, it is acting lawlessly, which is against
the notion of a constitutional democracy.
Description
Keywords
Law, Tyranny, Resistance, Rule of Law, Catholic politics
Citation
Swartz, N. P. (2010). Thomas Aquinas: on law, tyranny and resistance. Acta Theologica, 30(1), 145-157.