Treatise on Law: Summa Theologiae, I-II, QQ. 90 Through 97 / Edition 1

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In this translation of Saint Thomas Aquinas’s The Treatise on Law, R. J. Henle, S.J., a well-known authority on philosophy and jurisprudence, fluently and accurately presents the Latin and English translation of this important work. Henle provides the necessary background for an informed reading of the Treatise, as well as the only in-depth commentary available in English on this text.

The first section of the book contains an introduction to St. Thomas’s life, work, writings, and jurisprudence. Henle discusses the structure of St. Thomas’s magnum opus, Summa Theologiae, from which The Treatise on Law is excerpted. A brief section is included on Scholastic philosophy and also on St. Thomas’s approach to the study of law. Henle then examines Thomas’s definition of a law and the general doctrinal background for the Treatise. Finally Henle explores St. Thomas’s sources, including his use of auctoritates, or authoritative quotations drawn primarily from the Bible, Aristotle, St. Augustine, and St. Isidore of Seville.
The second part of the book contains the Latin text of the Treatise presented unit by unit, each followed by the English translation and, when appropriate, by a comment.
The Treatise on Law will be of interest to law students, lawyers, judges, and legal scholars. It will also appeal to those interested in St. Thomas’s legal philosophy, such as political scientists,
theoretical sociologists, and cultural historians. For philosophers, especially beginners in medieval philosophy, it serves as a good introduction to the thought of St. Thomas.
"Distinguished Jesuit scholar R.J. Henle provides us with a text and translation of the Treatise on Law that both locates it in its native habitat and enables it to live a responsible life on its own. Henle has produced a magnificently useful book that should revolutionize courses in moral and political philosophy as well as those in jurisprudence." —Ralph McInerny, author of A First Glance at St. Thomas Aquinas

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Product Details

  • ISBN-13: 9780268018818
  • Publisher: University of Notre Dame Press
  • Publication date: 10/28/1993
  • Series: Notre Dame Studies in Law and Contemporary Series, #4
  • Edition description: 1st Edition
  • Edition number: 1
  • Pages: 368
  • Sales rank: 1,320,605
  • Product dimensions: 6.00 (w) x 9.00 (h) x 1.00 (d)

Meet the Author

R. J. Henle, S.J. (1909-2000) was professor emeritus of philosophy and jurisprudence at St. Louis University. Father Henle published hundreds of books, articles, and reviews.

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Table of Contents

Notes on Style
Pt. A Background for St. Thomas's Treatise on Law
Ch. I Introduction to St. Thomas
Sect. 1 St. Thomas Aquinas
Sect. 2 St. Thomas and Jurisprudence 5
Sect. 3 On Reading St. Thomas 8
Sect. 4 The Structure of the Summa Theologiae 11
Sect. 5 Scholasticism 14
Sect. 6 St. Thomas's Approach to the Study of Law 17
Ch. II The Nature of Definition and the Art of Defining 20
Sect. 1 Introduction 20
Sect. 2 The Nature of Definition 21
Sect. 3 Types of Definition 22
Sect. 4 The Ambiguity of Words 26
Sect. 5 The Central Case 31
Sect. 6 A Further Note on the Ambiguity of Words 33
Sect. 7 On Analyzing and Evaluating a Definition of "Law" 34
Ch. III General Doctrinal Background for the Treatise 38
Sect. 1 Introduction 38
Sect. 2 The Doctrine of the Four Causes 40
Sect. 3 St. Thomas's World View 45
Sect. 4 "Nature" and "Essence" 48
Sect. 5 Human Nature 54
Sect. 6 The Nature of Human Acts 57
Sect. 7 "Rule and Measure" 59
Sect. 8 Habit 60
Sect. 9 The Speculative Intellect, the Practical Intellect, and Right Reason 62
Sect. 10 Voluntarism vs. Practical Reasonableness 65
Sect. 11 The Virtues 66
Sect. 12 Happiness: The Last End of Man 76
Sect. 13 The Common Good 79
Sect. 14 Obligation 81
Sect. 15 A Synopsis of St. Thomas's Doctrine of Natural Law 85
Ch. IV St. Thomas's Sources and His Use of Them 94
Sect. 1 The Use of Auctoritates 94
Sect. 2 The Auctores Quoted in the Treatise 103
Pt. B St. Thomas Aquinas: The Treatise on Law [Being Summa Theologiae, I-II, QQ. 90 Through 97]
Question 90: De Essentia Legis 118
Article 1 118
Article 2 127
Article 3 135
Article 4 140
Question 91: De Legum Diversitate 148
Article 1 150
Article 2 155
Article 3 160
Article 4 166
Article 5 172
Article 6 178
Question 92: De Effectibus Legis 185
Article 1 185
Article 2 192
Question 93: De Lege Aeterna 199
Article 1 199
Article 2 206
Article 3 210
Article 4 215
Article 5 222
Article 6 227
Question 94: De Lege Naturali 235
Article 1 235
Article 2 241
Article 3 251
Article 4 256
Article 5 264
Article 6 270
Question 95: De Lege Humana Secundum Se 276
Article 1 276
Article 2 283
Article 3 289
Article 4 296
Question 96: De Potestate Legis Humanae 305
Article 1 305
Article 2 311
Article 3 316
Article 4 321
Article 5 329
Article 6 336
Question 97: De Mutatione Legum 342
Article 1 343
Article 2 348
Article 3 353
Article 4 360
About the Translator 367
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