Laws And VÐ"Ð...Rtue

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 Ð''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 behave well, help poor people or feed the animals in the street. They just prevent people from doing bad things, and law can not force people to do good things. In other words, there is no fear of punishment for the action of helping poor people and law will not punish people if they do not do a favor. On the other hand, there are many people who choose to behave well without fear of punishment. For example, the good kings in old times had all the power and they did not have any fear to be punished. But, they chose to be good because virtue existed in human beings before they were born. As Socrates states virtue is a gift of nature and people do virtuous action by activating this potentiality. (Socrates, p.33) That is, virtue exists in human soul naturally. Apart from these, if it is the function of the law that makes people do good things, then why there are many crimes. The criminals are the ones who are naturally bad, and laws are not enough to make them good. And, the people who obey the laws are the ones who are naturally good. That is, it is not the function of the law that makes people obey the law, but it is the virtue which comes from their inside world.

It must not be forgotten that a virtuous action must be good in itself, not because of its consequences. Some people like Aquinas claim that "it is not always through the perfect goodness of virtue that someone obeys the law, but sometimes through fear of punishmentÐ'..." (Aquinas, p. 98). They mean that fear of punishment promote people with virtue. However, a good action is not always virtuous as it is not good in itself. In other words, it is not virtuous when people do good things because of laws and fear of punishment. It will just seem to be virtuous and it will be a kind of illusory virtue. As a result, virtuous action must be good in itself. In addition to that, virtue must exist in human soul before. It is not a thing that people learn because of laws and the fear of punishment, but it is a thing that people learn it by exercising as Socrates says (Socrates, p. 33). But, it is discussed whether it is a virtue or appetite for moral satisfaction that is said to exist in human soul naturally. In other words, some people may support the nonexistence of the virtue and call it the appetite for moral satisfaction. This idea does not seem to be correct that moral satisfaction