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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 ...
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 ...
Human law is positive law: the natural law applied by governments to societies. [166] Natural and human law is not adequate alone. The need for human behaviour to be directed made it necessary to have Divine law. Divine law is the specially revealed law in the scriptures. Thomas quotes, "The Apostle says (Hebrews 7.12): The priesthood being ...
Thomas Aquinas expounded the concept of Human Law, a distinct form of law alongside Natural Law and Eternal Law, in Summa Theologica.Thomas asserted the primacy of natural law over man-made law, stating that where it "is at variance with natural law it will not be a law, but spoilt law" (ST, I–II q. 95 a. 2).
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.
An unjust law is no law at all (Latin: lex iniusta non est lex) is an expression in support of natural law, acknowledging that authority is not legitimate unless it is good and right. It has become a standard legal maxim around the world. This view is strongly associated with natural law theorists, including John Finnis and Lon Fuller.
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 ...
Natural law[ 1 ] (Latin: ius naturale, lex naturalis) is a system of law based on a close observation of natural order and human nature, from which values, thought by natural law's proponents to be intrinsic to human nature, can be deduced and applied independently of positive law (the express enacted laws of a state or society). [ 2 ]