Greg Forster’s latest response to Sam Gregg, Acton’s director of research, on the utility of John Locke’s thought today is up over at Public Discourse. There’s a lot to learn from reading these exchanges, but right now I want to focus just briefly on one of the criticisms that Sam levels against Locke. Comparing Locke’s definition of Law to that of Aquinas, Sam finds Locke to be quite wanting. For Locke, “Law’s formal definition is the declaration of a superior will.”
“How different this is from Aquinas’s understanding of law,” writes Sam, “as ‘an ordinance of reason for the common good, promulgated by him who has the care of the community.'”
In one sense Sam is quite right. These are quite different formal definitions of law, the former presumably more voluntaristic (defined in relation to the will, the volitional faculty) the latter intellectualistic (defined in relation to the intellect, the rational faculty). For Sam this is in microcosm the problem with Locke, as he embodies the voluntaristic and therefore nominalistic proclivities of Protestantism, abandoning the eminently reasonable teachings of the Angelic Doctor.
My point here is not to defend Locke. Greg goes on to do that ably enough and in great detail. But I do want to reiterate the point that even apparently quite different definitions of law can be reconciled depending on how the relationship between the will and the intellect is defined. Thomas certainly has his own view, but so did lots of other medievals, and the Reformers picked up on the diversity of medieval opinion.
And it simply isn’t the case that the big bad “nominalists” like Ockham, d’Ailly, or Biel, were in principle opposed to defining natural law in terms of right reason. They just had a different way of relating the question of the divine intellect and the divine will. Maybe they were wrong. But at least on the question of voluntarism/intellectualism (the former of which need not lead to nominalism: see John Duns Scotus), there is ample Augustinian precedent for not seeing a “rationalistic” and a “volitional” definition of law as necessarily incongruent.
Thus Lombard, following Augustine, writes, “God’s will is reasonable and most equitable” (Sentences, bk. 1, d. 42, cap. 1).
And as a concluding aside, for an example of a Protestant scholastic who directly appropriated Aquinas’ definition of Law, see the recently translated scholia of Franciscus Junius in the Journal of Markets & Morality, “Selection from On the Observation of the Mosaic Polity.” His first thesis? “The Law is the ordering of reason to the common good, established by the one who has care of the community.”