245. Law, Necessity, and Subjection in Thomistic Philosophy

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Lecture Notes

Main Topics #

The Definition and Function of Law #

• Law has two essential aspects: (1) it is a rule or measure of human acts, and (2) it has the power of coercion
• Subjection to law can be understood in two ways: as being ruled by a rule, and as being coerced by a coercing power
• These are distinct; one can be ruled by law without being coerced by it

Two Types of Necessity #

Thomas distinguishes between two fundamental kinds of necessity:

• Absolute necessity: based on what a thing is (e.g., a triangle must have interior angles equal to right angles)
• Conditional necessity: based on extrinsic things like the mover, maker, or end (e.g., necessity to eat if one wants to live; necessity to have a boat if one wants to travel)

Necessity from Force: When the police force someone into a car, that person necessarily goes, but this necessity derives from external force, not from the nature of the act itself.

The Exemption of the Prince from Law #

Thomas makes a nuanced distinction:

• As regards coercive power: The prince is free from human law because no one can bear genuine condemnation upon him if he acts against the law
• As regards directive power: The prince is subject to law by his own will, as he ought to obey his own law and is judged by God
• As regards the power to change law: The prince may change, dispense, or modify the law according to circumstances of place and time

Subjection and Authority #

• Subjects of one city or kingdom are not bound by the laws of a sovereign of another city or kingdom, since they are not subject to that authority
• Someone ruled by a higher law is not restricted by a lower law in those matters where the higher authority has dispensed him
• This applies to spiritual authority as well: those led by a higher law (the Holy Spirit) are not subject to restrictions that contradict that higher guidance

The Problem of Equivocation in Understanding “Necessity” #

• The word “necessary” has multiple senses that must be distinguished to avoid confusion
• One must understand these senses in order to philosophize properly about necessity
• This reflects a broader principle: before one can truly reason about a concept, one must understand all its meanings

Key Arguments #

The Question: Are All Persons Subject to Law? #

Objection 1: The Apostle Paul says “to the just one, the law is not laid down” (1 Timothy 1:9), so the just are not subject to human law.

Objection 2: Pope Urban II decrees that those led by a private law of the Holy Spirit (the spiritual men, the sons of God) are not restricted by public law.

Objection 3: Legal tradition states that the prince is freed from the laws—thus not all are subject to law.

Thomas’s Response:

• All those subject to power are subject to the law that the power brings forth—in the sense of being ruled by it
• However, someone may not be subject to a power in two ways: (1) by being simply from all subjection, as when subjects of one kingdom are not bound by another kingdom’s laws; or (2) by being ruled by a higher law, so that in those matters dispensed by the superior, one is not restricted by the inferior law
• Regarding coercive power, the prince cannot be coerced; but regarding directive power, he is subject by his own will

The Logic of Understanding Necessity #

Principle: One cannot deny the necessity of understanding something without engaging in a logical paradox.

• If you say “it is necessary to understand the word necessity,” then understand it
• If you say “it is not necessary,” you must use logic and reasoning (which requires understanding the senses of necessary) to prove your point

Application to Logic and Philosophy:

• Is logic necessary for philosophy? Those who philosophize well to avoid large amounts of error need logic
• The early Greeks made errors precisely because they lacked logic (as Albert the Great notes)
• Therefore, while one can philosophize without knowing logic, one cannot philosophize well without it

Important Definitions #

Absolute vs. Conditional Necessity #

• Necessity simpliciter (absolute necessity): grounded in the nature of a thing (e.g., triangle’s angles)
• Necessity ex suppositione (conditional necessity): grounded in extrinsic circumstances, conditions, or ends

The Two Aspects of Law’s Power #

• Coercive power (vis coactiva): the ability to enforce obedience through punishment or constraint
• Directive power (vis directiva): the ability to guide or order human acts toward a good

Subjection to Law (Subiectio legi) #

• As ruled: being ordered by a rule or measure (compatible with not being coerced)
• As coerced: being forcibly compelled to obey (not applicable to the prince regarding human law)

Examples & Illustrations #

The Police and the Paddy Wagon #

Berquist illustrates forced necessity: if police force someone into a car, that person necessarily goes into the paddy wagon—not because of the nature of the act, but because the police are stronger. This shows necessity from external force differs from absolute necessity.

Judicial Watch and “No One Above the Law” #

Berquist references the organization Judicial Watch, which insists “no one is above the law,” yet Thomas Aquinas shows that the prince is indeed freed from the coercive aspect of human law, though not from its directive aspect or from the judgment of God.

The Coffee Cake Incident #

A relative made a coffee cake but accidentally put coffee grounds instead of the ingredient intended, creating an unpleasant experience—illustrating how the nature of an act (eating what is bitter or disagreeable) can involve a kind of forced acceptance when someone tries to please the cook.

The Salt Instead of Sugar #

A nun cooking for Americans put salt in a cake instead of sugar—showing how even well-intentioned actions can produce unwanted results, illustrating the importance of proper understanding in executing plans.

Driving on the Left Side of the Street #

Berquist makes a satirical comment about progressive Supreme Court justices citing foreign law (like English law) to support decisions lacking precedent in American law, comparing it to following a foreign jurisdiction’s rule about driving on the left—demonstrating the absurdity of being bound by foreign law while in one’s own jurisdiction.

Notable Quotes #

“The law of its definition has two things: First, that it is a rule of human acts, or a measure of human acts, right? Secondly, that it has a power of coercing.” - Thomas Aquinas (via Berquist)

“Whoever makes the law for others, he himself ought to obey his own law.” - Thomas Aquinas, Sentences (cited from the Constitutio)

“To myself only I have sinned… to thee.” - Psalm 50, cited regarding the king’s relation to God’s judgment

“Those people are criticized by the Lord, right, who say and do not do, right, and who impose heavy burdens upon others that they themselves do not move their finger, right, to release them.” - Matthew 23 (via Berquist)

“The subjects of one city or kingdom are not bound by the laws of the sovereign of another city or kingdom, since they are not subject to its authority.” - Thomas Aquinas (via Berquist)

Questions Addressed #

Are All Persons Subject to Human Law? #

Answer: Yes, all those subject to a power are subject to the law that power brings forth—at least as being ruled by it. However, exemptions exist: (1) those not subject to a power at all (subjects of another kingdom), and (2) those ruled by a higher law who are dispensed from lower law in matters where the superior authority directs them.

Is the Prince Freed from the Law? #

Answer: Thomas makes a crucial distinction. The prince is freed from the coercive aspect of human law (no one can condemn him), but he remains subject to its directive aspect by his own will and is absolutely subject to God’s judgment. Moreover, the prince can change and dispense the law according to circumstances.

What is the Relationship Between Necessity and Understanding? #

Answer: One cannot coherently deny the necessity of understanding “necessity” itself, because doing so requires using reason and distinguishing different senses of necessity—which presupposes understanding it. This reflects the broader principle that philosophy requires understanding equivocal terms and their ordered hierarchy of meanings.

How Does Conditional Necessity Differ from Absolute Necessity? #

Answer: Absolute necessity is grounded in what a thing is (e.g., a triangle’s interior angles); conditional necessity depends on extrinsic factors like a mover, maker, or desired end (e.g., eating is necessary if one wants to live). The former is intrinsic and immutable; the latter is extrinsic and contingent on circumstances.

Is Logic Necessary for Philosophy? #

Answer: While one could technically philosophize without knowing logic, one cannot philosophize well without it. Logic teaches the common way of proceeding in reasoned knowledge and helps avoid the kinds of errors that plagued early Greek philosophers who lacked logical training.