Some Aspects of Interpreting Constitutional Natural Law: Thomistic Perspective
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Abstract
The article introduces theoretical analysis of the theory of the Natural Law by Thomas Aquinas and the genesis of some of its modern interpretations. A special emphasis is put on the development of the understanding of human nature in the Thomistic interpretation of the Natural Law. This emphasis is intentional because the Thomistic perception considers human nature to be the source of the Natural Law. Therefore, the article analyses the concept of the hierarchy of laws, distinctive features of human nature, and the origins and the object of the Natural Law as explained by Thomas Aquinas. A short analysis of the reflection of the Natural Law in constitutional jurisprudence is given; however, it is done only through the aspect directly concerning human nature.
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Articles
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Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.