By Eugene F. Rogers Jr.
This new paintings clarifies Aquinas’ notion of normal legislations via his biblical commentaries, and explores its purposes to U.S. constitutional law.
- The first time using Aquinas at the U.S. excellent courtroom has been explored intensive, and its functions confirmed via a rigorous analyzing of the biblical commentaries
- Shows how key judgments within the ideal court docket have rested on medieval traditional legislations, and applies serious gender conception to debate issues of those applications
- Offers new examine info to provide a special photograph of Aquinas and average legislation, and a clean tackle Aquinas’ biblical commentaries
- New study according to passages within the biblical commentaries by no means earlier than on hand in English
Read or Download Aquinas and the Supreme Court: Biblical Narratives of Jews, Gentiles and Gender PDF
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Additional resources for Aquinas and the Supreme Court: Biblical Narratives of Jews, Gentiles and Gender
A philosopher might suppose Aquinas’s theological and philosophical views easy to disentangle. But those objections would be mistaken. As Chapter 7 explains in more detail, the Summa theologiae, home of appeals to natural law, begins, in question 1, to argue that sacred doctrine, or theology, only becomes an Aristotelian discipline or “science,” in proceeding from first principles, which come from scripture. Typically, every article in the Summa theologiae pivots – in the sed contra, or “on the other hand” that cites Aquinas’s authoritative warrant – on a quotation from scripture (or failing that from Augustine or a theologian of similar stature).
Fordham Law Review and Catholic University Law Review round out the top ten. So half of the top six spots belong to Notre Dame; eight of the top ten belong to Catholic institutions. Of articles citing Aquinas, 609, or 22 percent, also cite John Finnis. The evidently sectarian success of something supposed to enjoy universal appeal might make more sense if its defenders developed a more Thomistic–Augustinian theory of its failure: there is such a thing as natural law, but people disagree about what it is.
In the Secunda pars of the Summa theologiae, Aquinas devotes only a few pages (six, in a standard Latin edition) to natural law. He devotes 25 times as many (157 pages) to biblical and human forms of law: the Old Law, the New Law, ceremonial law, human law, and vastly more to the virtues, their background and context – around 1,200 pages, or 200 times as many as on natural law. Let me repeat that: 200 pages of virtue for every page of natural law, even if the natural lawyers correctly interpreted it.