Dal diritto come res iusta al diritto come potere: un confronto tra Tommaso e Suárez
This work aims at exploring the meaning of Ius in the thought of St. Thomas Aquinas (1225-1274) and Francisco Suárez (1548-1617). We deem an inquiry on this subject to be essential, prior to any other investigation conceming the nature and relationship between natural Law and positive Law. There are...
| Main Author: | |
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| Format: | Print Article |
| Language: | Italian |
| Check availability: | HBZ Gateway |
| Journals Online & Print: | Drawer...
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| Fernleihe: | Fernleihe für die Fachinformationsdienste |
| Published: |
Liberia Editrice Vaticana
2014
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| In: |
Apollinaris
Year: 2014, Volume: 87, Issue: 1, Pages: 33-80 |
| IxTheo Classification: | SB Catholic Church law |
| Further subjects: | B
Justice
B Thomas Aquinas 1225-1274 B Legal theory |
| Summary: | This work aims at exploring the meaning of Ius in the thought of St. Thomas Aquinas (1225-1274) and Francisco Suárez (1548-1617). We deem an inquiry on this subject to be essential, prior to any other investigation conceming the nature and relationship between natural Law and positive Law. There are three determinations of the term ius: res iusta, Lex, facultas. We support the thesis that, in the thought of St. Thomas Aquinas, there is the primacy of the res iusta over the other meanings of Ius: Lex and facultas, which, properly understood, acquire their meaning only in their relationship with the res iusta, which constitutes the princeps analogatum of Ius. This first step led St. Thomas Aquinas to a proper understanding of the disinction between Law and Morality and to an unitary conception of Ius. Suárez rejected this unitary conception for a dualistic one, according to which Ius means, sometimes "Law" sometimnes "subjective right". What Law and subjective right have in common is just the fact that they are both expression of power: political power (Lex) and moral power (moralis facultas). We try to point out the relevant outcomes in following this perspesctive, which broadly opens to modern juridical-political thinking. |
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| ISSN: | 0392-2359 |
| Contains: | In: Apollinaris
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