Treatise On Law
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Treatise On Law
''Treatise on Law'' is Thomas Aquinas' major work of legal philosophy. It forms questions 90–108 of the ''Prima Secundæ'' ("First artof the Second art) of the ''Summa Theologiæ'', Aquinas' masterwork of Scholastic philosophical theology. Along with Aristotelianism, it forms the basis for the legal theory of Catholic canon law. Aquinas' notion of law Aquinas defines a law as "an ordinance of reason for the common good, made by him who has care of the community, and promulgated." Law is an ordinance of reason because it must be reasonableLaw of Christ I, pg. 236 or based in reason and not merely in the will of the legislator. It is for the common good because the end or ''telos'' of law is the good of the community it binds, and not merely the good of the lawmaker or a special interest group. It is made by the proper authority who has "care of the community", and not arbitrarily imposed by outsiders. It is promulgated so that the law can be known. He says: Strictly spe ...
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Thomas Aquinas
Thomas Aquinas, OP (; it, Tommaso d'Aquino, lit=Thomas of Aquino; 1225 – 7 March 1274) was an Italian Dominican friar and priest who was an influential philosopher, theologian and jurist in the tradition of scholasticism; he is known within the tradition as the , the , and the . The name ''Aquinas'' identifies his ancestral origins in the county of Aquino in present-day Lazio, Italy. Among other things, he was a prominent proponent of natural theology and the father of a school of thought (encompassing both theology and philosophy) known as Thomism. He argued that God is the source of both the light of natural reason and the light of faith. He has been described as "the most influential thinker of the medieval period" and "the greatest of the medieval philosopher-theologians". His influence on Western thought is considerable, and much of modern philosophy is derived from his ideas, particularly in the areas of ethics, natural law, metaphysics, and political theory. ...
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Determinatio
A ''determinatio'' is an authoritative determination by the legislator concerning the application of practical principles, that is not necessitated by deduction from naturalFinnis, John. ''Aquinas'', 266-271. or divine lawHervada, ''Introduction'', pg. 33 but is based on the contingencies of practical judgement within the possibilities allowed by reason. The concept derives from the legal philosophy of Thomas Aquinas, and continues to be a part of discussions in natural law theory. In natural law jurisprudence, ''determinatio'' is the process of making natural law into positive law.Waldron, Jeremy''Torture, Suicide, and Determinatio'' main page Social Science Research Network. Accessed 22 March 2016. In Catholic canon law, ''determinatio'' is the act by which natural law or divine positive law is made determinate in the canonical legal system as specific norms of law, although the content of such law is still essentially that of divine law, which, together with canon law, forms " ...
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Books About Jurisprudence
A book is a medium for recording information in the form of writing or images, typically composed of many page (paper), pages (made of papyrus, parchment, vellum, or paper) bookbinding, bound together and protected by a book cover, cover. The technical term for this physical arrangement is ''codex'' (plural, ''codices''). In the history of hand-held physical supports for extended written compositions or records, the codex replaces its predecessor, the scroll. A single sheet in a codex is a Recto, leaf and each side of a leaf is a page (paper), page. As an intellectual object, a book is prototypically a composition of such great length that it takes a considerable investment of time to compose and still considered as an investment of time to read. In a restricted sense, a book is a self-sufficient section or part of a longer composition, a usage reflecting that, in antiquity, long works had to be written on several scrolls and each scroll had to be identified by the book it co ...
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Thomistic Jurisprudence
Thomism is the philosophical and theological school that arose as a legacy of the work and thought of Thomas Aquinas (1225–1274), the Dominican philosopher, theologian, and Doctor of the Church. In philosophy, Aquinas' disputed questions and commentaries on Aristotle are perhaps his best-known works. In theology, his ''Summa Theologica'' is amongst the most influential documents in medieval theology and continues to be the central point of reference for the philosophy and theology of the Catholic Church. In the 1914 motu proprio ''Doctoris Angelici'', Pope Pius X cautioned that the teachings of the Church cannot be understood without the basic philosophical underpinnings of Aquinas' major theses: Overview Thomas Aquinas held and practiced the principle that truth is to be accepted no matter where it is found. His doctrines drew from Greek, Roman, Islamic and Jewish philosophers. Specifically, he was a realist (i.e. unlike skeptics, he believed that the world can ...
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Works By Thomas Aquinas
The collected works of Thomas Aquinas are being edited in the '' Editio Leonina'' (established 1879). As of 2014, 39 out of a projected 50 volumes have been published. The works of Aquinas can be grouped into six categories as follows: #Works written in direct connection to his teaching #*Seven systematic disputations (''quaestiones disputatae''), on: #**''Truth''; #**''The union of the Incarnate Word''; #**''The soul''; #**''Spiritual creatures''; #**''Virtues''; #**''God’s power''; and #**''Evil''. #*Twelve quodlibetal disputations #Philosophical commentaries #*Eleven commentaries on Aristotle; #*Two expositions of works by Boethius; #*Two expositions of works by Proclus #Lesser tractates and disputations #*Five polemical works; #*Five expert opinions, or ''responsa''; #*Fifteen letters on theological, philosophical, or political subjects; #* Ninety-nine Homilies Upon the Epistles and Gospels for Forty-nine Sundays of the Year #*A collection of glosses from the Church Fathe ...
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Christian Theology Books
Christians () are people who follow or adhere to Christianity, a monotheistic Abrahamic religion based on the life and teachings of Jesus Christ. The words ''Christ'' and ''Christian'' derive from the Koine Greek title ''Christós'' (Χριστός), a translation of the Biblical Hebrew term ''mashiach'' (מָשִׁיחַ) (usually rendered as ''messiah'' in English). While there are diverse interpretations of Christianity which sometimes conflict, they are united in believing that Jesus has a unique significance. The term ''Christian'' used as an adjective is descriptive of anything associated with Christianity or Christian churches, or in a proverbial sense "all that is noble, and good, and Christ-like." It does not have a meaning of 'of Christ' or 'related or pertaining to Christ'. According to a 2011 Pew Research Center survey, there were 2.2 billion Christians around the world in 2010, up from about 600 million in 1910. Today, about 37% of all Christians live in the Amer ...
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13th-century Books
The 13th century was the century which lasted from January 1, 1201 ( MCCI) through December 31, 1300 ( MCCC) in accordance with the Julian calendar. The Mongol Empire was founded by Genghis Khan, which stretched from Eastern Asia to Eastern Europe. The conquests of Hulagu Khan and other Mongol invasions changed the course of the Muslim world, most notably the Siege of Baghdad (1258), the destruction of the House of Wisdom and the weakening of the Mamluks and Rums which, according to historians, caused the decline of the Islamic Golden Age. Other Muslim powers such as the Mali Empire and Delhi Sultanate conquered large parts of West Africa and the Indian subcontinent, while Buddhism witnessed a decline through the conquest led by Bakhtiyar Khilji. The Southern Song dynasty would begin the century as a prosperous kingdom but would eventually be invaded and annexed into the Yuan dynasty of the Mongols. The Kamakura Shogunate of Japan would be invaded by the Mongols. Goryeo resiste ...
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13th-century Christian Texts
The 13th century was the century which lasted from January 1, 1201 (Roman numerals, MCCI) through December 31, 1300 (Roman numerals, MCCC) in accordance with the Julian calendar. The Mongol Empire was founded by Genghis Khan, which stretched from Eastern Asia to Eastern Europe. The conquests of Hulagu Khan and other Mongol invasions changed the course of the Muslim world, most notably the Siege of Baghdad (1258), the destruction of the House of Wisdom and the weakening of the Mamluk Sultanate (Cairo), Mamluks and Sultanate of Rum, Rums which, according to historians, caused the decline of the Islamic Golden Age. Other Muslim powers such as the Mali Empire and Delhi Sultanate conquered large parts of West Africa and the Indian subcontinent, while Buddhism witnessed a decline through the conquest led by Bakhtiyar Khilji. The Southern Song dynasty would begin the century as a prosperous kingdom but would eventually be invaded and annexed into the Yuan dynasty of the Mongols. The Ka ...
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Scholasticism
Scholasticism was a medieval school of philosophy that employed a critical organic method of philosophical analysis predicated upon the Aristotelian 10 Categories. Christian scholasticism emerged within the monastic schools that translated scholastic Judeo—Islamic philosophies, and thereby "rediscovered" the collected works of Aristotle. Endeavoring to harmonize his metaphysics and its account of a prime mover with the Latin Catholic dogmatic trinitarian theology, these monastic schools became the basis of the earliest European medieval universities, and scholasticism dominated education in Europe from about 1100 to 1700. The rise of scholasticism was closely associated with these schools that flourished in Italy, France, Portugal, Spain and England. Scholasticism is a method of learning more than a philosophy or a theology, since it places a strong emphasis on dialectical reasoning to extend knowledge by inference and to resolve contradictions. Scholastic thought is ...
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Medieval Philosophical Literature
In the history of Europe, the Middle Ages or medieval period lasted approximately from the late 5th to the late 15th centuries, similar to the post-classical period of global history. It began with the fall of the Western Roman Empire and transitioned into the Renaissance and the Age of Discovery. The Middle Ages is the middle period of the three traditional divisions of Western history: classical antiquity, the medieval period, and the modern period. The medieval period is itself subdivided into the Early, High, and Late Middle Ages. Population decline, counterurbanisation, the collapse of centralized authority, invasions, and mass migrations of tribes, which had begun in late antiquity, continued into the Early Middle Ages. The large-scale movements of the Migration Period, including various Germanic peoples, formed new kingdoms in what remained of the Western Roman Empire. In the 7th century, North Africa and the Middle East—most recently part of the Eastern Roman ...
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Bernhard Häring
Bernard Häring, CSsR (10 November 1912 – 3 July 1998) was a German moral theologian and a Redemptorist priest in the Catholic Church. Life Häring was born at Böttingen in Germany to a peasant family. At the age of 12, he entered the seminary. Later, he took vows as a member of the Congregation of the Most Holy Redeemer, was ordained a priest, and sent as a missionary to Brazil. He studied moral theology in obedience to his superiors. During World War II, he was conscripted by the German army and served as a medic. Although forbidden from performing priestly functions by the Nazi authorities, he brought the sacraments to Catholic soldiers. In 1954, he came to fame as a moral theologian with his three volume, ''The Law of Christ.'' The work received ecclesiastical approval but was written in a style different from the Manual Tradition. It was translated into more than 12 languages. Between 1949 and 1987, he taught moral theology at Alphonsian Academy in Rome. He served ...
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Philosophy Of Law
Philosophy of law is a branch of philosophy that examines the nature of law and law's relationship to other systems of norms, especially ethics and political philosophy. It asks questions like "What is law?", "What are the criteria for legal validity?", and "What is the relationship between law and morality?" Philosophy of law and jurisprudence are often used interchangeably, though jurisprudence sometimes encompasses forms of reasoning that fit into economics or sociology. Philosophy of law can be sub-divided into analytical jurisprudence, and normative jurisprudence. Analytical jurisprudence aims to define what law is and what it is not by identifying law's essential features. Normative jurisprudence investigates both the non-legal norms that shape law and the legal norms that are generated by law and guide human action. Analytical jurisprudence Unlike experimental jurisprudence, which investigates the content our folk legal concepts using the methods of social science, analyti ...
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