Essays On Thomas Aquinas Natural Law

However, the majority of the article will focus on natural law legal theory.According to natural law legal theory, the authority of legal standards necessarily derives, at least in part, from considerations having to do with the moral merit of those standards.

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Classical natural law theory such as the theory of Thomas Aquinas focuses on the overlap between natural law moral and legal theories.

Similarly, the neo-naturalism of John Finnis is a development of classical natural law theory. Fuller is a rejection of the conceptual naturalist idea that there are necessary moral constraints on the content of law.

One can deny natural law theory of law but hold a natural law theory of morality.

John Austin, the most influential of the early legal positivists, for example, denied the Overlap Thesis but held something that resembles a natural law ethical theory.

At the outset, it is important to distinguish two kinds of theory that go by the name of natural law.

Essays On Thomas Aquinas Natural Law

The first is a theory of morality that is roughly characterized by the following theses.

But there is another kind of natural law theory having to do with the relationship of morality to law.

According to natural law theory of law, there is no clean division between the notion of law and the notion of morality.

Geoffrey Sayre-Mc Cord (1988), for example, views moral objectivism as one species of moral realism, but not the only form; on Sayre-Mc Cord's view, moral subjectivism and moral intersubjectivism are also forms of moral realism.

Strictly speaking, then, natural law moral theory is committed only to the objectivity of moral norms.


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