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AKVIN FEMA

(1225-1274)

Dominican monk, scholar-theologian.

The main works of Thomas Aquinas are "The Sum of Theology", comments on Aristotle's works "Politics" and "Ethics".

F. Aquinas made a great contribution to the development of the concepts of law and its forms, forms of government, the state, and also made a significant contribution to the doctrine of the rule of church laws and the church court.

According to Aquinas, the world is based on the divine pyramid of various forms of life. He, like Aristotle, spoke of man as a political being. In addition, Aquinas created a theory of political inequality, in which the rule of the rulers considered fair.

In arguments about the forms of government, he was guided by the teachings of Aristotle, i.e. He distinguished five forms of government: monarchy, aristocracy, oligarchy, democracy,

Mixed form. Of all the forms of government, the best, in his opinion, is the mixed form.

In his teaching on the laws of Aquinas classifies them into four types:

1) the eternal;

2) natural;

3) the human;

4) divine.

The eternal law is the divine mind that rules the world. It underlies the laws of nature and society.

The natural law is a reflection of the eternal law in the human mind. It includes the natural needs of man in procreation, the search for truth in God.

The human law is the basic laws of a given society. Its main purpose is to coerce people into virtue through the use of force or the threat of its use.

The divine law is set forth in the Bible. Its main goal is to correct the imperfection of human law.

Akvinsky urged all citizens to obey the laws.

On the essence of the state, Aquinas spoke

following. The purpose of the state is to organize life for a minority. The social basis of the state is made up of artisans, peasants, inhabitants of cities. This group of people does not participate in government. In addition, Aquinas singles out the middle class (soldiers, judges, scholars, priests, etc.) and the upper class (rulers and their entourage).

Thomas Aquinas first introduced the notion of the boundaries of state power.

The main boundaries of state power are:

1) illegal acquisition of power;

2) improper use of the law by the ruler;

3) abuse of power by vassals or rulers.

In these cases, the people have the right to an uprising in order to overthrow the government.