Professional Documents
Culture Documents
of
just
and
Types of law
behaviour
and
is
1. Lex
Divina
the
law
divine
norm
(the
Commandments
the scripture
the posited law of God: It is
Ten
Commandments
the
holy
scriptures,
concerns
humans
the
and
cannot
be
at
Humana
positive
laws
mans
which
conformed to god
is
to
otherworldly
ends
achieve
beatitude),
(it
eternal
whereas
lex
and
behaviour
on
Earth.
Lex
on earthly society.
Lex aeterna, lex divina, and
lex
naturalis
require
no
absorbs
the
voluntaristic conception of
itself
the
matrix
normativeness
humana.
of
of
the
lex
of
lex,
creatures
sed
legis
corruption
god
in
natural
reason in as much as he is
the
sovereign
universe
and
things
of
the
brings
all
to
their
accomplishment
absorbs
(so
aeternum
becausce > lex aeterna is
not properly obligatory, or
Platos
simply necessary.
Lex
the
concept
conceived
of
by
the
medieval
readers
of
Calcidius
comment
to
Timaeus)
aeterna
(the
and
eternal
is
the
the
jus
is
instead
objectively
right
types
contained
binding
of
in
per
what
in
behaviour
norms
se,
be
and
forbidden
her ends.
the
rational
creature
in rationali creatura)
common good
"Consequently,
ordained
humans
participate
in,
other
provident
regard
for
himself,
or
to
the
precept
to
in
some
individual
work
must be devoid of
the nature of law,
save in so far as it
(I)
regards
universe
the
common good.
Aquinas
talks
about a law that is
unjust
as
to
Eternal
Law:
laws
---
"the
of
the
whole
its
burdens,
even if ordered to
are
end,"
disproportionately
inadequate to reveal it to us
imposed
on
our
reason
being
the
people"
ii)
burdens
the
community equally,
"The
natural
law
is
of the community
to
obey
it,
naturally"
and
promulgated
(IV) Human Law: created by us for
"Ordinance of reason": law
the
natural law
purpose
of
implementing
i)
good.
to be avoided
"whatever
the
practical
reason
naturally
2.
evil)
belongs
to
is
(naturally)
by
practical
the
> If X is something to
something to be done or
avoided."
apprehended
If
inclination,
then
it
is
man
X ought to be pursued.
has
inclination
a
are
natural
naturally
apprehended by reason as
being
good
ii)
and,
consequently, as objects of
man
substances:
as
of
nature"
evil
and
objects
the
order
of
natural
iii)
shares
Reproduce
with
all
"the
and
raise
your ofspring
Natural inclination which
inclinations. "
man
shares
animals:
with
all
"sexual
intercourse, education of
ofspring, and so forth".
That is:
1. If X is something to which
man
has
inclination,
a
then
iv)
natural
X
is
(naturally) apprehended by
mutually
and
is
cannot
concern
the
law
purports
greed
or
(private
motivations
that
vanity
make
them
of
their
legislation), or
act outside
the
authority granted to
the
for
community's
always
always known.
further
political authority
If the law-makers:
(i)
are motivated not by
to
Law
law's
Natural
But
subject
guide
or "General Principles" of
consistent
and of no efect
courts should not
laws.
its
Natural Law.
They
are
infanticide),
if it purports to authorize
(iii)
them, or
while acting with a
view to the common
to
good
apportion
necessary
the
burdens
unfairly,
in
the
forum
of
reasonable
conscience
acts of violence
not to comply
Tyrant = All who govern in
Such
laws
lack
moral
in
good
Tyranny
conscience;
one
is
nor
morally
To
avoid
those
sorts
treating
entails
of the master.
The laws of tyrants are not
cedere]
This obligation is not: to
comply
with
according
intent,
to
the
its
and/or
law
makers'
to
the
legal
interpretative
Rather,
it
collateral
is
system's
canons.
kind
obligation:
of
to
that
would
bandit's demands