Natural Law and Thomistic Juridical Realism: Prospects for a Dialogue with Contemporary Legal Theory

This book explores the relationship between law and morality from the perspective of Thomistic juridical realism, arguing that natural rights possess a fully juridical status and can be described as natural juridical goods. It assesses the prospects for dialogue with other trends in Thomistic legal philosophy and contemporary legal theory.

Format: Hardback
Length: 328 pages
Publication date: 30 May 2022
Publisher: The Catholic University of America Press

This book offers a groundbreaking legal-philosophical perspective on the intersection of law and morality. It achieves this by examining the conditions for the existence of a juridical domain of natural law within the framework of Thomistic juridical realism. To emphasize the importance of reconnecting with this tradition in contemporary legal philosophy, the book presents various other recent jurisprudential positions regarding the overlap between law and morality. While most authors either exclude a conceptual necessity for the inclusion of moral principles in the nature of law or refer to the purely moral status of natural law at the foundations of the legal phenomenon, the book aims to elucidate the essential properties of the juridical status of natural law.

To establish the juridicity of natural law, the book delves into the relevant arguments of Thomas Aquinas and some of his key commentators, particularly Michel Villey and Javier Hervada. It establishes that Thomistic juridical realism views the juridical phenomenon not only from the perspective of legal norms or subjective individual rights but also from the perspective of the primary meaning of the concept of right (ius), namely, the just thing itself as the object of justice. In this perspective, natural rights already possess a fully juridical status and can be described as natural juridical goods. Furthermore, from the viewpoint of Thomistic juridical realism, certain natural norms or principles of justice can be identified as the juridical title of these rights or goods.

The book also includes an assessment of the potential points of dialogue with other trends in Thomistic legal philosophy as well as with various accounts of the nature of law. By exploring these diverse perspectives, the book provides a comprehensive and nuanced understanding of the complex relationship between law and morality, offering valuable insights for scholars and practitioners alike.

Weight: 560g
Dimension: 229 x 152 (mm)
ISBN-13: 9780813235509