The Architecture of Law: Rebuilding Law in the Classical Tradition

Brian McCall's book "The Architecture of Law" argues that classical natural law jurisprudence provides a superior answer to the questions "What is law?" and "How should law be made?" using St. Thomas Aquinas's analogy of God as an architect. He presents classical jurisprudence as a synthesis of the work of the greatest minds of antiquity and the medieval period and raises the question of how much one needs to know God to accept and understand natural law jurisprudence. He concludes that the study of law must be reunited with knowledge of theology and morality for jurisprudence to flourish.

Format: Paperback / softback
Length: 560 pages
Publication date: 22 February 2023
Publisher: University of Notre Dame Press

This book makes a compelling case that classical natural law jurisprudence offers a superior framework for understanding the fundamental questions of "What is law?" and "How should law be made?" in comparison to legal positivism and "new" natural law theories. Using the analogy of God as an architect, Brian McCall 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. McCall presents classical jurisprudence as a synthesis of the work of the greatest minds of antiquity and the medieval period, including Cicero, Aristotle, Gratian, Augustine, and Aquinas. He delves into the significant texts of each and provides detailed exposition.

Throughout the book, McCall raises a thought-provoking question: 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? He argues that the separation of the study of law from knowledge of theology and morality impoverishes our understanding of law. McCall advocates for a reunification of these disciplines in order for jurisprudence to flourish.

This book appeals to a wide range of readers, including academics, students in law, philosophy, and theology, as well as those interested in legal or political philosophy. It offers a comprehensive and insightful exploration of the nature of law and its role in society, providing a valuable contribution to the ongoing debate about legal theory and practice.

Dimension: 229 x 152 (mm)
ISBN-13: 9780268103347