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The Architecture of Law – Rebuilding Law in the Classical Tradition

Autor Brian M. Mccall
en Limba Engleză Hardback – 29 mai 2018
What is law? How should law be made? Using St. Thomas Aquinas's analogy of God as an architect, Brian McCall argues that classical natural law jurisprudence provides an answer to these questions far superior to those provided by legal positivism or the "new" natural law theories. The Architecture of Law explores the metaphor of law as an architectural building project, with eternal law as the foundation, natural law as the frame, divine law as the guidance provided by the architect, and human law as the provider of the defining details and ornamentation. Classical jurisprudence is presented as a synthesis of the work of the greatest minds of antiquity and the medieval period, including Cicero, Artistotle, Gratian, Augustine, and Aquinas; the significant texts of each receive detailed exposition in these pages. Along with McCall's development of the architectural image, he raises a question that becomes a running theme throughout the book: To what extent does one need to know God to accept and understand natural law jurisprudence, given its foundational premise that all authority comes from God? The separation of the study of law from knowledge of theology and morality, McCall argues, only results in the impoverishment of our understanding of law. He concludes that they must be reunited in order for jurisprudence to flourish. This book will appeal to academics, students in law, philosophy, and theology, and to all those interested in legal or political philosophy.--Law and Liberty
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Specificații

ISBN-13: 9780268103330
ISBN-10: 026810333X
Pagini: 560
Dimensiuni: 159 x 235 x 42 mm
Greutate: 0.98 kg
Editura: MR – University of Notre Dame Press

Notă biografică

BRIAN M. MCCALL holds the Orpha and Maurice Merrill Chair in Law at the University of Oklahoma College of Law. With degrees from Yale, University of Pennsylvania, and Kings College University of London, he is the author of five other books-Contracts: Modern Pacts (Kindle, 2019); The Architecture of Law (Notre Dame University Press, 2018); La Corporación como Sociedad Imperfecta (Marcial Pons, 2015); To Build the City of God: Living as Catholics in a Secular Age (Angelico Press, 2014); and The Church and the Usurers: Unprofitable Lending for the Modern Economy (Sapientia Press of Ave Maria University, 2013)-and dozens of articles. He has served as Editor-in-Chief of Catholic Family News since 2018. He and his wife, Marie Elaina, have six children.

Descriere

What is law? How should law be made? Using St. Thomas Aquinas's analogy of God as an architect, Brian McCall argues that classical natural law jurisprudence provides an answer to these questions far superior to those provided by legal positivism or the ""new"" natural law theories.