國立高雄大學圖資館 |

Language: English

Back

Natural law and common law :The relationship of law and custom in the moral theology of Thomas Aquinas.

Record Type:	Electronic resources : Monograph/item
Title/Author:	Natural law and common law :
Reminder of title:	The relationship of law and custom in the moral theology of Thomas Aquinas.
Author:	VanDrunen, David Mark.
Description:	349 p.
Notes:	Director: John Haughey.
Notes:	Source: Dissertation Abstracts International, Volume: 63-01, Section: A, page: 0242.
Contained By:	Dissertation Abstracts International63-01A.
Subject:	Theology.
Online resource:	http://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=3039310
ISBN:	0493528687

Natural law and common law :The relationship of law and custom in the moral theology of Thomas Aquinas.
VanDrunen, David Mark.

Natural law and common law :The relationship of law and custom in the moral theology of Thomas Aquinas.[electronic resource] - 349 p.

Director: John Haughey.

Thesis (Ph.D.)--Loyola University of Chicago, 2002.

Aquinas's theology of law and custom has particular relevance for a moral evaluation of the decline of the Anglo-American common law in recent generations. The insights of Aquinas suggest that a rejuvenation of the common law in the contemporary legal system would enrich the rationality, and hence the moral soundness, of civil law.

ISBN: 0493528687Subjects--Topical Terms:

177563
Theology.

Natural law and common law :The relationship of law and custom in the moral theology of Thomas Aquinas.
LDR:03229nmm 2200301 450 001 155089
005 20030117152120.5
008 230530s2002 eng d
020 $a 0493528687
035 $a 00087614
035 $a 155089
040 $a UnM $c UnM
100 0 $a VanDrunen, David Mark. $3 212756
245 1 0 $a Natural law and common law : $b The relationship of law and custom in the moral theology of Thomas Aquinas. $h [electronic resource]
300 $a 349 p.
500 $a Director: John Haughey.
500 $a Source: Dissertation Abstracts International, Volume: 63-01, Section: A, page: 0242.
502 $a Thesis (Ph.D.)--Loyola University of Chicago, 2002.
520 # $a Aquinas's theology of law and custom has particular relevance for a moral evaluation of the decline of the Anglo-American common law in recent generations. The insights of Aquinas suggest that a rejuvenation of the common law in the contemporary legal system would enrich the rationality, and hence the moral soundness, of civil law.
520 # $a Aquinas's views on the relationship of custom and law were rooted in his broader moral and theological thought. Aquinas saw human beings as unique among corporeal creatures, as those created in the image of God. Foremost among the traits constituting the image, for Aquinas, was the human being's rational nature. Aquinas described human rationality as characteristically free and social, and through the formation and development of a legally authoritative custom Aquinas believed that law's rationality, freedom, and sociality were promoted. However, Aquinas also saw the legal authority of custom as a consequence of the limitations of human reason. In adopting the Aristotelian perspective of ethics as an inexact and indeterminate science, Aquinas saw human law as bearing inevitable approximations and imperfections. For Aquinas, granting legal authority to custom was a way of accounting for the need to understand things such as the utility of laws and the details of social circumstances, matters necessary to consider as finite reason seeks to find its way in an infinitely complex world.
520 # $a Thomas Aquinas ascribed a central legal function to custom. Custom had been given a certain legal authority in the great code of Roman law, the <italic> Corpus Juris Civilis</italic>, and the role of custom within the legal order remained a pressing and controversial issue in Aquinas's day, both in the intellectual world and in the political and legal arena. In the face of contemporary controversy over the legal function of custom, Aquinas defended custom's authority. He described its role as one of creating, interpreting, and abolishing law and of forming a quasi-constitutional boundary for the creation of new law. In addition, he considered human law, once established, as becoming a part of the fabric of a society's custom.
590 $a School code: 0112.
650 # 0 $a Theology. $3 177563
650 # 0 $a Law. $3 207600
690 $a 0398
690 $a 0469
710 0 # $a Loyola University of Chicago. $3 212755
773 0 # $g 63-01A. $t Dissertation Abstracts International
790 $a 0112
790 1 0 $a Haughey, John, $e advisor
791 $a Ph.D.
792 $a 2002
856 4 0 $u http://libsw.nuk.edu.tw/login?url=http://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=3039310 $z http://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=3039310