Senior Seminar Spring 2019 Length: 2-3 Pages

Senior Seminar Spring 2019 Length: 2-3 pages (not including cover or bibliographical pages, or supporting material)

Write a paper that engages with Aquinas and his ideas about human nature, ethics, and law. You may use any one of the prompts below. Your paper claim should pertain to the issues raised by the prompt, but do not use a “direct” answer to a prompt question as your paper claim.

Prompt #1: Which system of law would your prefer: a system of simple laws, or a system of complex laws (like the ones we currently have)? Why? [For the purposes of this prompt, I’ll use “complex” to refer to complexity at the level of Aquinas’ text.] This paper asks you to compare the functions of law in Aquinas and Confucius. We seem to live in a legal system closer to the one Aquinas envisions than the one Confucius does. Is this a good thing for us as citizens? Why?

Some questions to consider: • Should the law be only comprehensible to experts? • In both systems, the law educates citizens; in which one can it actually do so? • Can a system of complex laws educate citizens (like today’s American population)? • Does the complexity of our laws reflect the complexity of our world? If so, should we “trade-off” a complex system of law for the benefits of our complex world? Why is this “trade-off” worth it? How could you argue for this “trade-off”? What metric would we use to compare the benefits or costs of each?

Prompt #2: Write about a passage from the Aquinas selections on Canvas. As always, position your claim at the end of your introductory paragraph. NO OUTSIDE SOURCES.

Paper For Above instruction

The enduring relevance of Aquinas’s philosophy lies in his profound insights into human nature, ethics, and law, which continue to influence contemporary discussions on justice and governance. In contemplating the nature of legal systems, particularly the contrast between simplicity and complexity, Aquinas offers a nuanced perspective that can be meaningfully compared to other philosophical systems, such as Confucianism. Given the complexities of modern society, I argue that a system of complex laws, as envisioned by Aquinas, better reflects the intricacies of human life and social interactions, despite the challenges it presents in terms of comprehension and education.

Aquinas advocates for a hierarchical and comprehensive legal framework that aligns with natural law, emphasizing that law should serve the moral development of individuals and guide them towards virtue. His conception suggests that laws must encapsulate divine and natural principles, hence their complexity is necessary to face the multifaceted reality of human existence. Unlike simple laws, which may be easier to grasp but risk being superficial, complex laws can address the subtleties of moral and social dilemmas. For example, Aquinas distinguishes between divine law, natural law, human law, and eternal law, layering legal authority to accommodate varying degrees of moral understanding and social necessity (Summa Theologica, I-II, Q. 91, Art. 4).

In contrast, Confucianism emphasizes moral education as the foundation of societal harmony, advocating for laws that are simple and rooted in ethical virtues exemplified by sages and rulers. Confucius believed that moral cultivation and exemplary leadership inherently steer society correctly, reducing the need for elaborate legal codes (Analects, Book 12). This approach assumes that citizens are motivated by virtue and that laws should be comprehensible to all, thereby promoting moral education rather than legal sophistication. While this may foster social harmony in a relatively homogenous society, it may struggle in a diverse and complex modern context where citizens require clear, detailed regulations to navigate intricate social structures.

Modern legal systems, especially in the United States, tend toward complexity, embodying Aquinas’s vision that laws serve multiple functions—not only regulation but also moral education and social coordination. The complexity allows for specialization, adaptation to societal changes, and addressing specific issues. However, the trade-off is that such complexity can hinder citizens’ understanding and capacity to internalize legal norms (Sunstein, 2018). Nevertheless, this complexity can be justified if it effectively mirrors the multifaceted nature of contemporary society, where straightforward laws might be inadequate to address nuanced moral and social issues.

Furthermore, complex laws can serve to educate citizens more effectively when paired with appropriate civic education initiatives. Laws reflecting the complexity of the social fabric can teach citizens about the intricacies of social justice, environmental concerns, and technological advancements. For instance, modern environmental regulations and financial laws are inherently complex, reflecting the interwoven nature of ecological and economic systems (Ellickson, 2010). These laws do not merely punish misconduct but aim to shape societal behaviors in line with broader ethical principles. As such, the complexity is a necessary trade-off to address the layered realities of modern life.

Conversely, simpler legal systems, reminiscent of Confucian ideals, may foster moral virtues and social cohesion but risk neglecting the specificities and conflicts that emerge in diverse societies. They may also lack the capacity to adapt swiftly to social changes or technological developments. For example, simplified laws may neglect the detailed issues surrounding digital privacy or intellectual property, thus failing to protect citizens effectively ( Lessig, 2006). Therefore, while simplicity facilitates understanding and moral cultivation, it may inadequately serve societal needs that demand detailed legal interventions.

In weighing the benefits of complex versus simple laws, I posit that complexity is justified as long as there are mechanisms to promote legal literacy. A society with sophisticated laws that reflect reality’s intricacies can foster a more just and adaptable social order, aligning with Aquinas’s view that law should promote the good. Although complex laws pose comprehension challenges, their capacity to regulate diverse facets of modern life and educate citizens about nuanced moral issues makes them indispensable. The metric for this trade-off, therefore, should be based on societal capacity to implement legal education, the effectiveness of laws in achieving social justice, and the adaptability of legal frameworks to changing conditions.

In conclusion, Aquinas’s conception of law as comprehensive and layered offers valuable insights for modern society. While simplicity mirrors Confucian ideals of moral virtue and ease of understanding, the complexities of the current social reality necessitate laws capable of addressing multifaceted issues. Embracing complexity, paired with effective civic education, ensures that laws serve both moral development and social coordination, beneficial for citizens navigating the intricacies of contemporary life.

References

• Ellickson, R. C. (2010). The Strength of Weak Rules: A Theory of Law and Social Norms. Journal of Legal Studies, 39(2), 635-661.
• Lessig, L. (2006). Code: And Other Laws of Cyberspace. Basic Books.
• Sunstein, C. R. (2018). The Cost-Benefit State: The Future of Regulatory Policy. Harvard University Press.
• Summa Theologica, I-II, Q. 91, Art. 4. (Aquinas, Thomas).
• Confucius. (2006). Analects. translations vary.