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Law and Philosophy

Research Collection Yong Pung How School Of Law

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2018

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An Analysis Of St. Thomas Aquinas’S Position On The Relationship Between Justice And Legality, Wei Yao, Kenny Chng Oct 2018

An Analysis Of St. Thomas Aquinas’S Position On The Relationship Between Justice And Legality, Wei Yao, Kenny Chng

Research Collection Yong Pung How School Of Law

This paper is directed at a deep investigation of Thomas Aquinas's position on the relationship between justice and legality, a perennial debate in legal philosophy - are unjust laws laws at all? Modern natural law theorists taking contradictory positions all claim to be faithful to Aquinas's ideas on the matter. Yet, they cannot all be correct. This paper aims to discern Aquinas's true position on the matter by undertaking a detailed study of Aquinas's Treatise on Law, the broader context of the Summa Theologiae within which the Treatise is situated, and Aquinas's methodological and definitional approaches.