The Nature of Law by Thomas E. Davitt, S. J. (review)

Book Reviews 67 Idea Men of Today. B y Vincent Edward Smith. (Milwaukee: Bruce Publ. Co., 1950. Pp. x + 434.) Dr. Smith, editor of New Scholasticism and member of the philosophy department of Notre Dame University, tells us in his introduction that the present volume grew out of a series of summaries for college discussion groups and is intended as a guide book for the student and educated layman, who have neither time nor the necessary background to read the vast output of contemporary philosophers. The book comprises four parts. The first, short and introductory in nature, outlines some of the principal streams of philosophical thought from the time of Decartes to the present period. While admittedly not complete, it does call attention to the more important thinkers who have influenced contemporary philosophy. The second and third parts form the main body of the work, and deal respectively with what might be called the “scientific school” and the opposition party. The former includes Dewey, Santayana, Whitehead, Russel, the logical positivists or empiricists, Freud and Marx. Contrasted with these are Bergson, Kierkegaard, Heideg­ ger, Sartre, Jaspers and the “ Christian existentialists.” In the concluding part of the work, Dr. Smith attempts a summary of certain fundamental trends that characterize modern thought in general. In general, the author approaches modem thought with a sympathetic attitude, attempting to discover the source of its inspiration. Each of the principal thinkers is introduced with a short biography that stresses in particular the formative influences on his thought. After summarizing the philosophy of each, Dr. Smith contrasts it with the Thomistic view­ point. In the main, the author achieves rather well his modest objective. At times, however, his comparisons, though usually felicitous, seem somewhat beyond the comprehension of the individuals for whom the book is intended. On the whole, however, Dr. Smith has given us readable and well-indexed volume that can well serve as an undergraduate introduction to contempo­ rary philosophy. A lla n B. W o l t e r , O.F.M . Franciscan Institute The Nature of Law. By Thomas E. Davitt, S. J. (St. Louis: B. Herder Book Co., 1951. Pp. 274.) In spite of the title, this book does not deal with all the elements included in the nature of law. It is an historical study, or rather an historical intro­ duction to the study of the relation that exists between the concept of law and the psychology of the intellect and the will. Specifically, this introduction includes the following problems: Is the law an act of the will or an act of the intellect ? What is the foundation of obligation in law, the will of the lawgiver, or the objective relation of the acts to the end ? Do purely penal laws exist or not? The authors considered are, on the one side, Henry of Ghent, John Duns Scotus, William Ockham, Gabriel 5» 68 Book Reviews Biel, Alphonse de Castro, and Francis Suarez, who hold that law is an act of the will, that the foundation of obligation is the will of the lawgiver, and that purely penal laws do exist; on the other side, St. Albert, St.Thomas, Thomas de Vio (Cajetan), Dominic de Soto, Bartholomew Medina, and St. Robert Bellarmino, who hold that law is an act of the intellect, that the foundation of obligation is the objective relation of the acts to the end, and who either hold or, says Fr. Davitt, should have logically held, had they faced the problem, that purely penal laws do not exist. Although the primary purpose of the book is to examine the doctrine of these authors, Fr. Davitt indicates also which of the solutions he prefers, and the reasons why. A section entitled" Consequences ” follows, in which there is a summary of the different theories that have been discussed, a statement of their practical implications, and an indication of various problems requiring further study. A Bibliography of primary and secondary sources plus an Index close the book. The main merit of this book lies in its presentation of some outstanding but little known authors; Alphonse de Castro, O. F. M., for instance, was an eminent philosopher of law, and yet very few...