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How can a moral principle become a specific law according to Thomas Aquinas?

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According to St. Thomas Aquinas, valid positive law must be derived from objective moral principles to serve the common good. He identified two specific ways this derivation occurs:1

  • Immediate Deduction: A legal rule is formulated through a direct correspondence with a moral principle. For instance, the legal prohibition of homicide is directly derived from the moral principle that murder is wrong.1
  • Determination (determinatio): This is an indirect process where a general moral principle is specified to facilitate human coordination in particular circumstances. While morality may not dictate a specific choice, a legitimate authority determines a rule to ensure safety or order. For example, traffic laws requiring drivers to stay on a specific side of the road are binding because they fulfill the moral requirement to avoid harming others and facilitate commerce.1

Aquinas maintained that if a law is not derived from moral principles in one of these ways, it is considered "unjust" and lacks binding authority.1