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BOOK REVIEWS Lex et Libertas: Freedom and Law according to St. Thomas .Aquinas. Edited by L. J. ELDERS and K. HEDWIG. Vatican City: Pontificia Accademia di S. Thommaso, 1987. Pp. 286. L. 30.000 (paper). This 30th volume of Antonio Piolanti's Studi Tomis-tici contains the papers given at the fourth Rolduc Symposium (1986) on the thought of St. Thomas Aquinas. Five of the papers are in French, and seven in German. The other eight, plus a "Preface" (pp. 7-11) with a brief summary of each of the papers, are in English. There is no point in duplicating the summaries. Still less is there possibility of giving an appropriate critique of each of the articles in a short review, since in justice each would have to be assessed against the individual writer's own background and in accord with his special intents. The most that can be done is to touch on some general issues brought to foe fore in the volume. Of notable interest is Roberto Busa's paper on the methods and use of his Index Thomistieus. By direct investigation Busa (p. 36) finds that the ·combination lex et libertas is nowhere used in St. Thomas, and that its import is not indicated anywhere by the relevant conjunctions and prepositions in the Concordantia altera. Rather than being opposed notions "libertas est ecx: amore legis" (p. 36). Busa also notes "that in the works of Aquinas not a single instance of conscientia dubia or conscientia incerta occurs" (p. 133, n. 31). Jude P. Dougherty's "Aquinas on Punishment" (pp. 160-170) is a timely and solid article on that issue in .today's social circumstances. In regard to the death penalty the article concludes: " Given the views of Aquinas on punishment, it would be difficult to argue that Catholic social thought requires an abolitionist mindset " (p. 169). In this respecl Aquinas " remains unchallenged by the data uncovered by contemporary empirical study" (p. 170). Richly informative Scriptural and theological studies by J. P. M. van der Ploeg (pp. 185-199) and Johannes Stohr (pp. 219-241) deal with the Old Law and Aquinas's treatment of it. Four shorter articles (pp. 243-280) discuss Aquinas's moral doctrine in relation to the N.ew Law. The rest of the papers are in the more professedly ethical realm, on sensitive topics of concern today in the field of Catholic morality. They maintain the currently accepted level of discussion for philosophical wo.rk in that area. A masterly article by S. Pinckaers (pp. 15-24) locates the background against which these discussions hav.e been articulated. In that setting "liberty" and "law" were projected as though they stood in sharp contrast to each other. The basic problem then lay in the struggle 539 540 BOOK REVIEWS to uphold on the one hand individual rights against encroachment on the part of law, and on the other hand to safeguard law against erosion by individual claims. Pinckaers shows how drastically this attitude is opposed to the mentality of Aquinas, for whom the liberty at stake may be called "quality liberty" (liberte de qiialite-p. 19), as contrasted with " liberty of indifference." In consequence no opposition of law to liberty is felt in Aquinas, but rather a tension that evokes continual progress in moral life. Possibility to sin has accordingly no essential place in liberty, for liberty is found in its fullness in God (p. 23). The two profoundly different moral structures, namely that of St. Thomas and that of modern moralities of obligation, have their roots respectively in these two opposed conceptions of libe11ty, the " quality liberty" of the virtues and the nominalistic "liberty of indifference" (pp. 23-24). But despite this clear delination of the problem by Pinckaers the other papers remain far from achieving a breakthrough in regard to the conception of freedom. One article giants that though some things are forbidden we have in the vastly greater number of our acts (bei der uberwiegenden Zahl imserer Handlungen-p. 245) the freedom to do or to avoid. Another paper concludes (p. 21) that today's complicated moral problems cannot be solved onesidedly on the strength of either a "virtues ethic...

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