Natural Law Theory of Guest: Comparison with Aquinas and Compatibility with the Biblical Conception of Justice

Luka Martin Tomažič

Natural Law Theory of Guest: Comparison with Aquinas and Compatibility with the Biblical Conception of Justice

Key words: natural law, justice, Stephen Guest, Thomas Aquinas, Kohlberg.

Abstract:
The author of this article evaluates the natural law theory of Stephen Guest. The latter accepts the core of Dworkin’s theory from Law’s Empire, however, he criticizes the crucial importance of integrity. He puts the idea of justice in the core of his understanding of natural law. Guest’s understanding is compared to the natural law of Aquinas. Guest successfully evades the Humean critique and acknowledges the existence of principles, which are above each positive legal order. In contrast to Aquinas, he neglects the idea of common good, since he advocates for understanding of justice as (merely) the equality of respect. At the same time, his theory encourages judicial activism and could lead to denying the value of an individual at the expense of the community. His conception of justice is narrower in comparison with the biblical understanding. Equality of respect, as the main regulatory ideal, can lead to injustice. The use of Kohlberg’s test of morality shows that both biblical and Guest’s understanding of justice are postconventional. Guest’s conception can be classified under fifth and the biblical conception under the highest, sixth stage of moral development on the Kohlberg scale.

PDF