Ius et lex, czyli rozważania świętego Tomasza z Akwinu nad prawem
Ius et lex, or the Thoughts of Saint Thomas Aquinas on Law
Author(s): Małgorzata ŁuszczyńskaSubject(s): History of Law, Philosophy of Middle Ages, Canon Law / Church Law, Sociology of Law
Published by: Naukowe Towarzystwo Tomistyczne
Keywords: St Thomas Aquinas; legislated law; natural law; binding force of law; common good;
Summary/Abstract: The purpose of this article is to analyse the legal doctrine of St Thomas Aquinas in the context of law understood as ius and legal standards taken as lex. The term ius indicates the subjective character of law and thus refers to norms that define the right(s) of a given subject in relation to a given thing or the right(s) of that subject to act in a certain way. Law in the lex sense is the text of a normative act. Lex verbalises a pattern of behaviour consistent with natural law. This brings us to the issue of the binding force of law. The nominal definition of law taken as lex is analysed. The characteristic feature of Thomas Aquinas’s legal doctrine is rationalism. Furthermore, the legal doctrine is characterised by a clearly defined objective of the common good. Law is presented in the article as a guarantor of social order. Its educational function is pointed out. The legal doctrine of Thomas of Aquino focuses on the process of lawmaking and the validity of law. The aspect of the application of legal norms is of lesser importance in the context of the article’s subject matter. It is inextricably linked to the problem of authority
Journal: Rocznik Tomistyczny
- Issue Year: 2/2023
- Issue No: 12
- Page Range: 129-147
- Page Count: 19
- Language: Polish