Treatise on Law

Paperback
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Author: Thomas Aquinas

ISBN-10: 0872205487

ISBN-13: 9780872205482

Category: Legal Theory & Philosophy - General & Miscellaneous

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This new translation of the Treatise on Law offers fidelity to the Latin in a readable new version that will prove useful to students of the natural law tradition in ethics, political theory, and jurisprudence, as well as to students of Western intellectual history. ABOUT THE AUTHOR: Richard J. Regan is Professor of Political Science, Fordham University. Thank you so much for your help. If you have any questions, please do not hesitate to contact me. Booknews This new translation offers fidelity to the Latin in a readable new version that will prove useful to students of the natural law tradition in ethics, political theory, and jurisprudence, as well as students of Western intellectual history. Includes an introduction and explanatory notes, plus a glossary. Annotation c. Book News, Inc., Portland, OR (booknews.com)

PrefaceixNote on the TexxBiblical AbbreviationsxiOther AbbreviationsxiiIntroductionxiiiWorks Cited by AquinasxxivAuthors Cited by AquinasxxviST I-II1Q. 90On the Essence of Law1A. 1.Does Law Belong to Reason?1A. 2.Is Law Always Ordained for the Common Good?2A. 3.Is Any Person's Reason Competent to Make Law?4A. 4.Is Promulgation an Essential Component of Law?5Q. 91On Different Kinds of Law7A. 1.Is There an Eternal Law?7A. 2.Is There a Natural Law in Us?8A. 3.Are There Human Laws?9A. 4.Did Human Beings Need a Divine Law?11A. 5.Is There Only One Divine Law?13A. 6.Is There a Law of Concupiscence?15Q. 92On the Effects of Law18A. 1.Is the Effect of Law to Make Human Beings Good?18A. 2.Do We Suitably Designate Legal Acts?20Q. 93On the Eternal Law22A. 1.Is the Eternal Law a Supreme Plan in God?22A. 2.Do All Know the Eternal Law?24A. 3.Is Every Law Derived from the Eternal Law?25A. 4.Are Necessary and Eternal Things Subject to the Eternal Law?27A. 5.Are Contingent Natural Things Subject to the Eternal Law?28A. 6.Are All Human Affairs Subject to the Eternal Law?30Q. 94On the Natural Law33A. 1.Is the Natural Law a Habit?33A. 2.Does the Natural Law Include Several Precepts or Only One?34A. 3.Do All Virtuous Acts Belong to the Natural Law?37A. 4.Is the Natural Law the Same for All Human Beings?38A. 5.Can the Natural Law Vary?41A. 6.Can the Natural Law Be Excised from the Hearts of Human Beings?42Q. 95On Human Law44A. 1.Was It Beneficial That Human Beings Establish Laws?44A. 2.Is Every Human Law Derived from the Natural Law?46A. 3.Does Isidore Appropriately Describe the Characteristics of Positive Law?48A. 4.Does Isidore Appropriately Designate Kinds of Human Law?49Q. 96On the Power of Human Laws52A. 1.Should Human Laws Be Framed in Particular Rather Than General Terms?52A. 2.Does It Belong to Human Laws to Prohibit All Vices?53A. 3.Do Human Laws Command Every Virtuous Action?55A. 4.Does Human Law Impose Obligation on Human Beings in the Court of Conscience?56A. 5.Is Everyone Subject to the Law?58A. 6.Are Those Subject to the Law Permitted to Act Contrary to the Letter of the Law?60Q. 97On Revision of Laws63A. 1.Should Human Law Be Revised in Any Way?63A. 2.Should Human Laws Always Be Revised for Something Better?64A. 3.Can Customs Obtain the Force of Law?65A. 4.Can the People's Rulers Dispense Subjects from Human Laws?67QQ. 98-108Note70Q. 100On the Moral Precepts of the Old Law70A. 1.Do All the Moral Precepts of the Old Law Belong to the Natural Law?70A. 2.Do the Moral Precepts of the Old Law Concern All Virtuous Acts?72A. 3.Do We Trace All the Moral Precepts of the Old Law to the Ten Commandments?73A. 8.Can Human Beings Be Dispensed from the Commandments of the Decalogue?75A. 9.Does the Way of Virtue Fall under Command of the Law?78A. 10.Does the Way of Charity Fall under Command of the Divine Law?80A. 11.Do We Appropriately Mark Out Other Moral Precepts of the Law besides the Decalogue?82A. 12.Did the Moral Precepts of the Old Law Make Human Beings Just?85Q. 105On the Reason for Precepts Governing the Administration of Justice88A. 1.Did the Old Law Ordain Fitting Precepts Regarding Rulers?88Glossary92Select Bibliography97Index101