Derivation of positive from natural law revisited
Aquinas's account of the relationship of natural law to positive law has a general theory: every just human law is derived from the law of nature; I and two, subordinate theorems: derivation is always either per modum conclusionis or per modum determinationis. I will call them sub-theorems. According to the first sub-theorem "something may be derived from the natural law . . . as a conclusion from premises." For example, "that one must not kill may be derived as a conclusion from the principle that one must do harm to no one." For one reason or another, the theory of derivation per modum determinationis has been the object of more intense study,6 but this Note will focus on the first sub-theorem and its concept: derivation per modum conclusionis...
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| Format: | Artículo biblioteca |
| Language: | eng |
| Published: |
Oxford University Press
2012
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| Subjects: | LEY NATURAL, DERECHO POSITIVO, DERECHO NATURAL, Finnis, John, 1940-, Tomás de Aquino, Santo, 1225?-1274, |
| Online Access: | https://repositorio.uca.edu.ar/handle/123456789/10419 |
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| Summary: | Aquinas's account of the relationship of natural law to positive law has a
general theory: every just human law is derived from the law of nature; I and
two, subordinate theorems: derivation is always either per modum
conclusionis or per modum determinationis. I will call them sub-theorems.
According to the first sub-theorem "something may be derived from the
natural law . . . as a conclusion from premises." For example, "that one
must not kill may be derived as a conclusion from the principle that one
must do harm to no one." For one reason or another, the theory of
derivation per modum determinationis has been the object of more intense
study,6 but this Note will focus on the first sub-theorem and its concept:
derivation per modum conclusionis... |
|---|