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

紀錄類型:	書目-電子資源 : Monograph/item
正題名/作者:	Natural law and common law :
其他題名:	The relationship of law and custom in the moral theology of Thomas Aquinas.
作者:	VanDrunen, David Mark.
面頁冊數:	349 p.
附註:	Director: John Haughey.
附註:	Source: Dissertation Abstracts International, Volume: 63-01, Section: A, page: 0242.
Contained By:	Dissertation Abstracts International63-01A.
標題:	Theology.
電子資源:	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.
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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.
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