Bernd Goehring: Law and Intention in Henry of Ghent

In this essay I examine the notion of intention in the sphere of law, specifically human positive law and its application when measured against natural or divine law. In his discussion of these realms Henry of Ghent (d. 1293), a secular master at the University of Paris, draws on several rich traditions. Henry combines a theory of virtuous, prudent action derived from Aristotle’s Nico­machean Ethics (and his commentator Averroës) and Augustine’s views on divine and natural law, as well as human law, especially in the early dialogue De libero arbitrio. In his analysis of human moral action Henry employs a teleological framework that emphasizes the role of intention in our will’s movement towards an end. Following Augustine and ultimately the Apostle Paul (cf. Romans 2:14-15) Henry conceives of natural law as a universal normative measure of practical reason, stamped upon the minds or written ‘in the hearts’ of human beings: “Edictum enim legis naturae scriptum in tabulis cordium…” (Quodlibet I, q. 41, ed. R. Macken, Leuven 1979, p. 231).The intricate notion of intention comes into play in the process of crafting and applying or interpreting human positive laws in light of the higher standard of natural law. Drawing on Augustine’s De libero arbitrio Henry emphasizes that the just character of a given human law does not depend on the will of the legislator but rather on divine and natural law, with which it must be in accord.