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The Architecture Of Law: Building Law On A Solid Foundation The Eternal And Natural Laws, Brian M. Mccall
The Architecture Of Law: Building Law On A Solid Foundation The Eternal And Natural Laws, Brian M. Mccall
Brian M McCall
Employing the architectural themes used by Aquinas in his discussion of Eternal Law, this article presents Natural Law as a frame for rational thought rooted in the foundation of the Eternal Law. The argument contrasts this theory of law, based on a close reading of Aquinas and Gratian, to both a Positivist theory of law as power as well as to other Natural Law theories not incorporating the foundation. Law is presented as a product of both reason and will. The genus of law is shown to involve both specific precepts as well as more general guiding principles. Law is …