BOOK REVIEWS

The Angelic Doctor on Law

by Nathan Zibilich

Treatise on Law

by St. Thomas Aquinas

with a New Introduction by Ralph McInerny

Gateway Editions

Regnery Publishing

116 pp., $9.95.

The opportunity to read the original writings of a monumentous and influential writer can be both inviting and intimidating. The chance to meet Thomas Jefferson, William Shakespeare, or Pope John Paul II in their own words rather than through a watered down commentary by an "expert" cannot help but to make the heart race a bit quicker. But many often despair saying, "How am I to evaluate, let alone understand these intellectual giants?"

Treatise on Law offers the exciting opportunity to learn directly from St. Thomas Aquinas (1224-1274), one of the greatest teachers in the history of the Catholic Church, with the gentle aid of Notre Dame philosopher, medieval scholar, director of the Jacques Maritian Center, and Catholic Dossier editor, Ralph McInerny.

The title of the book is a bit misleading and anachronistic. Treatise on Law is an eight question (QQ. 90-97) excerpt from Aquinas' much larger work Summa Theologica, with Ralph McInerny providing this slender volume with an immensely enlightening and useful new introduction which helps to narrow the gap between the reader and the author. As the title suggests, the book provides the Angelic Doctor's understanding of law.

For Aquinas, the nature of law goes far beyond civil law. His discussion occurs in the broader context of what he calls the extrinsic principles of acts. For him the extrinsic principle of good is God, "Who both instructs us by means of His Law, and assists us by His Grace." Specifically, topics taken up by the work include the essence or definition of law, the various kinds of law, the effects of law, eternal law, natural law, human law, the power of human law, and changes in laws.

Of particular significance is Aquinas' treatment of natural law which is a major foundation in Catholic morality. It contains the roots of the Church's teaching on such topics as suicide, homicide, abortion, euthanasia, capital punishment, just and unjust wars, marriage, divorce, birth control, homosexuality, sex outside marriage, the moral importance of education, and the creation of a just society. Consequently, Treatise on Law has relevance and importance well beyond the court room.

Besides being highly informative and instructive, some may find what Aquinas has to say challenging and even surprising. For instance, Aquinas considers such questions as whether human law should be made for the community rather than for the individual, and whether the rulers of the people can dispense from human laws. Aquinas' answers will undoubtedly surprise some.

Since the text is taken directly from the Summa Theologica, one caveat must be issued to the uninitiated. Reading the Summa is not like reading a modern day treatise. Aquinas wrote in the scholastic method of his day: a question for discussion is asked, followed by a series of objections (usually about three) stating positions contrary to the view Aquinas will ultimately take. Backed by a citation from authority - typically Scripture, Aristotle (whom Aquinas refers to simply as the Philosopher) or St. Augustine, Aquinas states his position, followed by a reply to each objection. It is perhaps for the modern mind not the most fluent of a read. The beauty of Aquinas' style (once one is used to it) is that contained within each question is a fairly exhaustive examination of the other possible positions often taken on the given subject. This allows the reader to examine a question more fully for himself instead of being quickly whisked away by the slick and convincing prose sometimes found in modern writing.

Treatise on Law offers the reader a translation of an original text of one of the most influential thinkers in the history of the Catholic Church. It is a well-prefaced, thought-provoking text that will reward the patient reader in the queries about law and beyond.

Nathan Zibilich received a Master of Arts in philosophy at Oxford University.