본문

서브메뉴

Natural law and common law : The relationship of law and custom in the moral theology of Thomas Aquinas- [electronic resource: e-book]
Natural law and common law : The relationship of law and custom in the moral theology of Thomas Aquinas- [electronic resource: e-book]
자료유형  
 학위논문
저자명  
VanDrunen, David Mark.
서명/저자  
Natural law and common law : The relationship of law and custom in the moral theology of Thomas Aquinas - [electronic resource: e-book] / by David Mark VanDrunen
발행사항  
Chicago : Loyola University Chicago, 2002.
형태사항  
349 p.
주기사항  
Director: John Haughey.
학위논문주기  
Thesis(Doctoral) - Loyola University Chicago, 2002.
초록/해제  
요약 : 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 Corpus Juris Civilis, 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.
초록/해제  
요약 : 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.
초록/해제  
요약 : 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.
전자자료 바로가기  
로그인 후 이용바랍니다.
Control Number  
chimsin:303085
신착도서 더보기

소장정보

  • 예약
  • 서가에 없는 책 신고
  • 보존서고 도서대출신청
  • 나의폴더
  • 우선정리요청
소장자료
등록번호 청구기호 소장처 대출가능여부 대출정보
T0000192 DT  VanDrunen, David Mark. 전자화일 열람만 가능 열람만 가능
마이폴더

* 대출중인 자료에 한하여 예약이 가능합니다. 예약을 원하시면 예약버튼을 클릭하십시오.

해당 도서를 다른 이용자가 함께 대출한 도서

관련 인기도서

로그인 후 이용 가능합니다.

도서위치