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Treatise on Law is Thomas Aquinas ' major work of legal philosophy. It forms questions 90–108 of the Prima Secundæ ("First [Part] of the Second [Part]") of the Summa Theologiæ, [1] Aquinas' masterwork of Scholastic philosophical theology. Along with Aristotelianism, it forms the basis not only for the legal theory of Catholic canon law, [2 ...
Divine law. Divine law is any body of law that is perceived as deriving from a transcendent source, such as the will of God or gods – in contrast to man-made law or to secular law. According to Angelos Chaniotis and Rudolph F. Peters, divine laws are typically perceived as superior to man-made laws, [1][2] sometimes due to an assumption that ...
The Summa Theologiae or Summa Theologica (transl. 'Summary of Theology'), often referred to simply as the Summa, is the best-known work of Thomas Aquinas (1225–1274), a scholastic theologian and Doctor of the Church. It is a compendium of all of the main theological teachings of the Catholic Church, intended to be an instructional guide for ...
Divine law, which are moral imperatives specifically given through revelation. [90] The development of natural law is one of the most influential parts of Thomist philosophy. [91] Aquinas says that "[the law of nature] is nothing other than the light of the intellect planted in us by God, by which we know what should be done and what should be ...
The philosophy, theology, and fundamental theory of Catholic canon law are the fields of philosophical, theological (ecclesiological), and legal scholarship which concern the place of canon law in the nature of the Catholic Church, both as a natural and as a supernatural entity. Philosophy and theology shape the concepts and self-understanding ...
Whilst Thomas Aquinas, as a natural law theorist, is generally seen as holding that morality is not willed by God, [16] Kelly James Clark and Anne Poortenga have presented a defence of divine command theory based on Aquinas' moral theory. Aquinas proposed a theory of natural law which asserted that something is moral if it works towards the ...
Man-made law. Man-made law is law that is made by humans, usually considered in opposition to concepts like natural law or divine law. [1] The European and American conception of man-made law has changed radically in the period from the Middle Ages to the present day. In the Thomistic view dominant in the Medieval period, man-made law is the.
Thomas Aquinas has little difficulty with the idea of both divine positive law and human positive law, since he places no requirements upon the person who posits law that exclude either humans or the divine. [5] However, for other philosophers the idea of both divine and human positive law has proven to be a stumbling block.