The concept of Ius and the nature of law in Thomas Aquinas / edited by Loic-Marie Le Bot and Peter Popovic.

Format:

Book

Contributor:

Le Bot, Loïc-Marie, editor.

Popovic, Peter, editor.

Language:

English

Subjects (All):

Law--Philosophy.

Law.

Thomas, Aquinas, Saint, 1225?-1274.

Thomas, Aquinas.

Genre:

Electronic books.

Physical Description:

1 online resource (297 pages)

Edition:

First edition.

Place of Publication:

Washington, DC : The Catholic University of America Press, [2024]

Summary:

This collection of essays constitutes the fruit of a scholarly conference held in Rome in April 2023, which was organized by the Pontifical University of Saint Thomas Aquinas, the Pontifical University of the Holy Cross, and the Angelicum Thomistic Institute. The essays offer a scholarly reflection on various historical and doctrinal aspects of Aquinas's concept of ius, and on the extent to which this concept helps to illuminate his account of the nature of law, that is, of the juridical phenomenon. Each essay addresses, from the viewpoint of its specific topic, the implications of the Angelic Doctor's description of ius as the object of justice, as presented in the Secunda secundae of his Summa theologiae (starting from question 57, article 1). Following Aquinas's own insights, the focus on the virtue of justice is thus deemed crucial for understanding the essence or the ontological fabric of law. Justice is simultaneously analyzed as always remaining inherently connected to its moral and divine-salvific aspects. The volume is divided in three parts. The first part of the collection contains essays that are dedicated to the analysis of Aquinas's concept of ius in a historical perspective. The second group of essays in this collection examine some further doctrinal and contextual issues pertinent to the essence of ius. Each attempt to elucidate the ontology of law should be supported by the aptitude of the resulting accounts of law's nature to provide workable platforms for legal practices. This line of reasoning represents the rationale for the third part of this collection, which focuses on the matters of applying Aquinas's concept of ius in systemic and practical legal settings of State law and canon law.

Contents:

Part I: Aquinas's Concept of Ius in a Historical Perspective

The Concept of Ius in Thomas Aquinas: An Analysis of Central Texts and Sources / Petar Popović

Roman Law as a Foundation of Aquinas's Understanding of Ius / Ezra Sullivan

The Eclipse of the Objective Meaning of Aquinas's Concept of Ius in the Thomist Tradition since Spanish Scholasticism and Its Rediscovery in the First Half of the Twentieth Century /Jean-Pierre Schouppe

The Reception of Juridical Realism in the Twentieth and Twenty-First Centuries / Carlos José Errázuriz

Thomas Aquinas and the Controversy on the Origin of Subjective Rights / Thierry Sol

Equity According to St. Thomas Aquinas / Santiago Vigo

Part II: Further Doctrinal and Contextual Evaluations of the Essence of Ius

The Interconnectedness of Justice, Law, and the Common Good / Dominic Legge

Natural Inclinations and Law: The Juridicity of Thomistic Natural Law / Aldo Vendemiati

The Conformity between Ius as the Object of Justice and the Virtue of Charity according to Aquinas / Catherine Joseph Droste

Part III: Applying Aquinas's Concept of Ius in Legal Theory and Practice

Prospects for the Inclusion of the Thomistic Concept of Ius in Contemporary Legal Philosophy / Jeffrey A. Pojanowski

Res Iusta, Judgment, and Jurisdiction as Everyday Aspects of Thomistic Juridical Realism / Kevin C. Walsh

The Concept of Ius in St. Thomas and Canon Law / Loïc-Marie Le Bot

Notes:

Description based on publisher supplied metadata and other sources.

Description based on print version record.

Includes bibliographical references and index.

ISBN:

0-8132-3907-9

OCLC:

1482923899