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"Consent of the governed" is a phrase found in the 1776 United States Declaration of Independence, written by Thomas Jefferson.. Using thinking similar to that of John Locke, the founders of the United States believed in a state built upon the consent of "free and equal" citizens; a state otherwise conceived would lack legitimacy and rational-legal authority.
Philosophical theism is the belief that the Supreme Being exists (or must exist) independent of the teaching or revelation of any particular religion. [1] It represents belief in God entirely without doctrine, except for that which can be discerned by reason and the contemplation of natural laws. Some philosophical theists are persuaded of God ...
Question 91 is on the different kinds of law. Aquinas establishes four types of laws: eternal law, natural law, human law, and divine law. He states that eternal law, or God's providence, "rules the world… his reason evidently governs the entire community in the universe.” Aquinas believes that eternal law is all God’s doing.
In law and ethics, universal law or universal principle refers to concepts of legal legitimacy actions, whereby those principles and rules for governing human beings' conduct which are most universal in their acceptability, their applicability, translation, and philosophical basis, are therefore considered to be most legitimate. [citation needed]
Thomas Aquinas conflated man-made law (lex humana) and positive law (lex posita or ius positivum). [3] [4] [5] However, there is a subtle distinction between them.Whereas human-made law regards law from the position of its origins (i.e. who it was that posited it), positive law regards law from the position of its legitimacy.
a rule of recognition, a rule by which any member of society may check to discover what the primary rules of the society are; a rule of change, by which existing primary rules might be created, altered or abolished; a rule of adjudication, by which the society might determine when a rule has been violated and prescribe a remedy;
The rule according to higher law is a practical approach to the implementation of the higher law theory that creates a bridge of mutual understanding (with regard to universal legal values) between the English-language doctrine of the rule of law, traditional for the countries of common law, and the originally German doctrine of Rechtsstaat ...
Legitimacy is "a value whereby something or someone is recognized and accepted as right and proper". [6] In political science, legitimacy has traditionally been understood as the popular acceptance and recognition by the public of the authority of a governing régime, whereby authority has political power through consent and mutual understandings, not coercion.