Henry of Ghent on Divine Law, Natural Law and Human Law

2014 ◽  
Author(s):  
Marialucrezia Leone
Keyword(s):  
Natural Law ◽  
Henry Of Ghent ◽  
Divine Law

Ibn Rushd and Natural Law: Mediating Human and Divine Law

2016 ◽  
Vol 28 (1) ◽  
pp. 1-27 ◽  
Author(s):  
Karen Taliaferro
Keyword(s):  
Natural Law ◽  
Ibn Rushd ◽  
Divine Law

Natural law and the ‘Anglo-Saxons’—some reflections in response to Hedley Bull

1979 ◽  
Vol 5 (3) ◽  
pp. 260-272 ◽  
Author(s):  
E. B. F. Midgley
Keyword(s):  
International Relations ◽  
Thirteenth Century ◽  
Natural Law ◽  
Detailed Account ◽  
Summa Theologiae ◽  
Interesting Article ◽  
History Of ◽  
Eternal Law ◽  
Hedley Bull ◽  
Divine Law

In my study, The Natural Law Tradition and the Theory of International Relations, reviewed in Hedley Bull's interesting article, there are no chapters devoted to natural law thinkers before the thirteenth century. Any lengthening of an already long manuscript might have diminished its prospects of publication. In the absence of a full survey of the strengths and weaknesses of earlier theories, there are various explicit or implied judgements on positions of Aristotle, the Stoics, Cicero and Augustine in chapters dealing primarily with other matters. Whilst referring to sources of Aquinas's doctrine, I did not give a detailed account of the historical formation of his teaching. I concentrated upon St. Thomas's discussion of the various kinds of law and especially upon the doctrine of eternal law which he brought to a certain perfection. In doing this, I was consoled by the view which I shared with Vincent McNabb that “it was always the thought of Aquinas never the history of that thought which seemed of greatest worth…” Indeed, given the incompleteness of so much of the discussion on the intellectual reconciliation of natural and divine law before Aquinas, it is arguable that McNabb was hardly exaggerating very greatly when he wrote that Aquinas's treatise on law in the Summa theologiae “would seem be the first great treatise ever written on law”.

scholarly journals Tindak Pidana Korupsi dan Sanksi Pidana Mati Perspektif Keadilan Hukum

2013 ◽  
Vol 3 (2) ◽  
pp. 323-355
Author(s):  
Amirullah Amirullah
Keyword(s):  
Death Penalty ◽  
Legal System ◽  
Natural Law ◽  
Transnational Crime ◽  
Moral Values ◽  
Closed Path ◽  
Criminal Sanctions ◽  
Positive Law ◽  
Eternal Law ◽  
Divine Law

Abstract: Corruption is included as a crime which expands into a transnational crime, destroying the moral values of the nation, hampering and harming the development of the nation, a creation of a closed path of justice, prosperity and welfare of the Indonesian people. Death penalty is an option of criminal sanctions applied in the legal system in Indonesia. The death penalty attached and integrated in the legal system in Indonesia which was formerly influenced by the complexity of its background. At the philosophical level it shows that all legislations related to the formulation of corruption and death penalty have the background of moral values based on Pancasila as a philosophical footing. The death penalty of corruption in Indonesia within the perspective of a legal justice, contained in the formulation of Law No. 20 year 2001 about the Amendment of Law No. 31 year 1999 about eradication to corruption, chapter II, article 2, paragraph (2), shows a part of the positive law. The image of the positive law in Indonesia recognizes the existence of natural law. It is reflected in the philosophical values of the nation, Pancasila (believe in one God). Consequently, the products of the positive law in Indonesia must be derived from the natural law, and the natural law is derived from the eternal law (divine law).Keywords: Law, corruption, criminal act, justice

Biblical Discourses of Law

2015 ◽  
Author(s):  
Christine Hayes
Keyword(s):  
Natural Law ◽  
Positive Law ◽  
Divine Wisdom ◽  
Divine Will ◽  
The Law ◽  
Biblical Texts ◽  
Divine Law

This chapter describes biblical discourses of divine law. It begins by examining those biblical texts that emphasize the emergence of divine law from the divine will. These texts stand as resources for later readers who seek to construe biblical divine law as positive law. It then turns to texts that emphasize elements of divine wisdom in the Law. These texts stand as resources for later readers who seek to construe biblical divine law in terms of natural law. Finally, it examines texts that narrate the historical circumstances under which this multifaceted law came into being and its role in the divine plan for Israel and humankind.

Secularisation and Theologisation

2015 ◽  
Vol 4 (1) ◽  
pp. 49-95
Author(s):  
Geetanjali Srikantan
Keyword(s):  
Natural Law ◽  
Customary Law ◽  
Legal Systems ◽  
Sacred Texts ◽  
Complex Process ◽  
British Colonial ◽  
Divine Law ◽  
Legal Epistemology

The formation of Hindu law has been chronicled by historians and others as a complex process involving the negation of customary law and the upholding of sacred texts, upon which codes of law were formulated. This paper seeks to interrogate the truth behind this narrative by examining the category of Hindu law and the processes that allowed it to emerge within the British colonial legal imagination. It argues that the making of Hindu law was a process of theologisation within an outer framework of secularisation i.e. the Christian theological framework embedded in the secular framework of Western legal epistemology was the background by which “Hindu law” emerged in the eyes of the colonisers. It examines Western legal notions of divine law, natural law, and human law and the role of historical jurisprudence in this process. It finally concludes by examining the implications of the argument for the formation of secular legal systems.

Bridging the Gap: Divine Law in Hellenistic and Second Temple Jewish Sources

2015 ◽  
Author(s):  
Christine Hayes
Keyword(s):  
Opposite Direction ◽  
Natural Law ◽  
Second Temple ◽  
Natural World ◽  
Second Temple Period ◽  
Greco Roman ◽  
Mosaic Law ◽  
Divine Law

This chapter focuses on Hellenistic Jewish writings and Second Temple period texts that to various degrees accept the Greek dichotomy between natural law and conventional law. It examines Hellenistic Jewish writings that try to bridge the gap between biblical and Greco-Roman conceptions of divine law by applying the latter's discourses of natural law to biblical divine law. This apologetic effort culminates in the writings of Philo, who identifies the Mosaic Law with the natural law and confers upon it the attributes of rationality, truth, universality, and fixity. The chapter also considers Second Temple period writings that bridge the gap between biblical and classical conceptions of divine law by moving in the opposite direction: these writings transfer some of the attributes of biblical divine law to the laws that govern the natural world.

Albo’s Theory of Noahide Law

2011 ◽  
pp. 176-194
Author(s):  
David Novak
Keyword(s):  
Fifteenth Century ◽  
Natural Law ◽  
The Other ◽  
Human Situation ◽  
Per Se ◽  
Theological Thinking ◽  
Divine Law

This chapter explores Joseph Albo's theory of Noahide law. The great fifteenth-century theologian Joseph Albo considered Noahide law to be a category of divine law. He divided law per se into three classes: natural, conventional, and divine, in an ascending hierarchy. Natural law is concerned with right and wrong in the human situation; conventional law is related to what is desirable; and divine law is occupied with true good and true evil. The superiority of divine law consists in its specificity, and it is greater than either of the other two groups because it is absolute like natural law and transcendent like conventional law. Despite the superiority of divine law, the chapter argues that Albo's philosophical and theological thinking demonstrates a strong interrelationship among the three laws.

Introduction

2015 ◽  
Author(s):  
Christine Hayes
Keyword(s):  
Natural Law ◽  
First Century ◽  
The Other ◽  
Greco Roman ◽  
Mosaic Law ◽  
Universal Law ◽  
Divine Law

In part II, we examined Jewish writings to the end of the first century CE that navigate the incongruity between Greco-Roman and biblical conceptions of divine law. For the most part, these writings accept and work within the framework set by the Greco-Roman dichotomy of divine law vs. human law. Philo and Paul are two of the clearest examples of writers who employ this dichotomy and seek to assimilate Mosaic Law to one or the other of its terms. They arrive at radically different conclusions as to whether the Mosaic Law can be classified as divine law or positive human law, and they rely on different elements of biblical divine law discourse to support their particular classification. Philo identified the Mosaic Law with the divine natural law of Greco-Roman (primarily Stoic) tradition. Paul differentiated Mosaic Law from the universal law written on the heart....

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