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The rule according to higher law is a practical approach to the implementation of the higher law theory that creates a bridge of mutual understanding (with regard to universal legal values) between the English-language doctrine of the rule of law, traditional for the countries of common law, and the originally German doctrine of Rechtsstaat ...
Question 91 is on the different kinds of law. Aquinas establishes four types of laws: eternal law, natural law, human law, and divine law. He states that eternal law, or God's providence, "rules the world… his reason evidently governs the entire community in the universe.” Aquinas believes that eternal law is all God’s doing.
Omnipotence, they say, does not mean that God can do anything at all but, rather, that he can do anything that is logically possible; he cannot, for instance, make a square circle. Likewise, God cannot make a being greater than himself, because he is, by definition, the greatest possible being. God is limited in his actions to his nature.
Divine law is any body of law that is perceived as deriving from a transcendent source, such as the will of God or gods – in contrast to man-made law or to secular law. According to Angelos Chaniotis and Rudolph F. Peters , divine laws are typically perceived as superior to man-made laws, [ 1 ] [ 2 ] sometimes due to an assumption that their ...
Eternal law refers to divine reason, known only to God. It is God's plan for the universe. Man needs this plan, for without it he would totally lack direction. Natural law is the "participation" in the eternal law by rational human creatures, and is discovered by reason; Divine law is revealed in the scriptures and is God's positive law for mankind
Canon law is the body of laws and regulations made by or adopted by ecclesiastical authority for the governance of the Christian organization and its members. It is the internal ecclesiastical law governing the Roman Catholic Church, the Eastern and Oriental Orthodox Churches, and the Anglican Communion of churches. [7]
[95] The legal scholar Ellis Sandoz has noted that "the historically ancient and the ontologically higher law—eternal, divine, natural—are woven together to compose a single harmonious texture in Fortescue's account of English law." [96] As the legal historian Norman Doe explains: "Fortescue follows the general pattern set by Aquinas. The ...
The argument of natural laws as a basis for God was changed by Christian figures such as Thomas Aquinas, in order to fit biblical scripture and establish a Judeo-Christian teleological law. Bertrand Russell criticized the argument, arguing that many of the things considered to be laws of nature , in fact, are human conventions.