The natural law and the positive law according to St. Thomas Aquinas Cover Image

Prawo naturalne i prawa stanowione w ujęciu św. Tomasza z Akwinu
The natural law and the positive law according to St. Thomas Aquinas

Author(s): Jacek Salij
Subject(s): Christian Theology and Religion, History of Law, Philosophy of Law
Published by: Wyższe Seminarium Duchowne w Łodzi
Keywords: natural law; knowability of natural law; law and morality; obligation of the unjust laws

Summary/Abstract: The essence of the natural law is summed up in the principle that good is to be done and evil is tobe avoided. However, the specific content of this principle - as a result of the imperfections of humanreason, and also because of our sinfulness - we do recognize in a relatively vague fashion. That’s why sometimes we differ so much in our views on good and evil. But it is never so that we are completelyclosed up in our notions of good and evil; we are never totally cut off from the possibility of objectiverecognition of good and evil. The Positive law is an authentic law as much as it is rooted in the natural law. In another way however,from the natural law emanate the laws which protect making good, and in another way emanatethose which prohibit evil acts. The latter, in particular the laws which prohibit killing of a human being,are derived from the natural law imitating a logical deduction. Laws protecting the good may take a different(just!) particular forms in different countries and in different times.

  • Issue Year: 26/2017
  • Issue No: 2
  • Page Range: 103-110
  • Page Count: 8
  • Language: Polish