Question
St. Thomas Aquinas developed a theory of human law that includes the following 10 requirements or elements. In order to be a law, a directive must be:
1. a directive of reason
2. aimed at the common good
3. promulgated by a lawmaking authority
4. pertaining to a complete community
5. leading people to or restraining them from certain actions
6. general
7. having coercive power
8. intended to be obeyed
9. just (in conformity with justice)
10. imposing a moral obligation of obedience.
Some of these conditions are normative or evaluative, while others are formal or non-evaluative. Explain what each one means, and whether it is normative or non-normative (formal). Then explain why Aquinas thinks that a genuine or valid law is one that meets all of these conditions; it is unconditionally good, and obedience to it is unconditionally good, whereas a ‘law’ which meets the formal conditions but fails to meet one or more of the evaluative conditions “has something of the nature of law” about it, but it is not unconditionally law and obedience to it is not unconditionally but only relatively good.