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Submitted by nevaut on April 12, 2007
Category: Philosophy
Words: 1315 | Pages: 6
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LAWS AND VIRTUE
There has been a discussion about the source of the virtue for many years. Many philosophers like Aristo and Aquinas gave different answers to the question whether virtue is a kind of knowledge, choice, and unchangeable part of people's character (Aristotle, p. 34) or it is through laws (fear of punishment) that people become virtuous (Aquinas, p. 92). It is mostly agreed that everything people do (good or bad) existed in human soul before they were born. People have limits both physically and mentally, for example they can not fly or not multiply very large numbers in their mind. That means, what people can do are determined earlier. But, people grow their physical, mental and characteristic features during their all life. Their genus and environmental factors make them choose some of the features inside and form their character. That also means that virtue, the most important part of the character, also exists in the human soul before. As a result, it is obvious that laws can not make people behave virtuously because it is not the function of the law to teach people how to be virtuous. Law can only provide people with the illusory virtue as real virtue is good in itself, and not every lawful action is virtuous.
Virtue exists in the human soul before and law has no effect on the virtuous actions as its function is different. Some people claim that the function of the laws is to make people virtuous as they will have the fear of punishment. Aquinas says that "hence it is clear that the proper effect of law is to lead its subjects to their proper virtue; and since virtue is that which makes its possessor good', it follows that the proper effect of law is to make those to whom it is given good, either absolutely or relatively" (Aquinas, p. 97). In other words, he claims that it is the aim and function of law to promote virtue. However, the function of law is not to teach people to behave well. That is, law does not tell people to...
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