|Law: law is an expression of the totality of social standards as binding norms in contrast to less binding rules and conventions. The law includes obligations as well as authorizations. In order to ensure equal treatment of the members of a society, the law is laid down in laws. See also laws, norms, values, society._____________Annotation: The above characterizations of concepts are neither definitions nor exhausting presentations of problems related to them. Instead, they are intended to give a short introduction to the contributions below. – Lexicon of Arguments. |
Thomas Aquinas on Law - Dictionary of Arguments
Höffe I 147
Right/Thomas/Höffe: (...) Thomas Aquinas [distinguishes] four ranked types.
1. (...) the eternal law (lex aeterna(1)), the
Höffe I 148
epitome of all rational principles according to which God rules the world.
2. (...) the plan of the world, the natural law (lex naturali(2)), which can be discerned from the order of creation through reason. According to the Apostle Paul(3), "written into the heart of man" by God, it means a participation of the law in us(4). To this secondly ranked natural law which appears with the claim to overpositive obligation, belong self-preservation, preservation of the species and a life according to the nature of reason(5), and in detail the prohibitions of robbery and insult.
3. (...) the divine law (lex divina(6)) of revelation, found in the Old and New Testaments and interpreted by the Church.
4. (...) human law (lex humana(7)), which acts with coercive power and is issued by the authority responsible for the community. However, the authorities must not act arbitrarily.
Law/Thomas: It should serve the welfare of the community and by means of prohibitions, e.g. of murder and theft, it should avert harm from the people.
Exceptions: Because of the situation reference the closer regulations can turn out differently, they can also be changed. >Equity.
Natural law: The power of the legislature in the context of its guiding task, the service of the common good, to enact laws appropriate to the situation can be regarded as a moderate natural law approach and at the same time as moderate legal positivism.
1. Thomas Summa lIa Ilae, qu. 93
2. Ebenda qu.94
3. Römer 2, 15
4. Summa Iia Iiae qu.96,2
6. Ebenda, qu. 91, 5
7. Ebenda, qu. 95._____________Explanation of symbols: Roman numerals indicate the source, arabic numerals indicate the page number. The corresponding books are indicated on the right hand side. ((s)…): Comment by the sender of the contribution. Translations: Dictionary of Arguments The note [Author1]Vs[Author2] or [Author]Vs[term] is an addition from the Dictionary of Arguments. If a German edition is specified, the page numbers refer to this edition.
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