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Law is an ordinance of reason because it must be reasonable [4] or based in reason and not merely in the will of the legislator. [ 5 ] [ 6 ] It is for the common good because the end or telos of law is the good of the community it binds, and not merely the good of the lawmaker or a special interest group. [ 4 ]
Thomas Aquinas defined law as "an ordinance of reason made for the common good by him who has charge of the community, and promulgated". [16] Common good constitutionalism adopts this definition, treating positive law as a promulgated ordinance of reason, where "ordinance of reason" invokes that law which is ascertainable reason, or the natural ...
Peña's legal philosophy is a natural-law theory deriving from Aquinas's conception of law as an ordinance of reason for the common good. Some of those ordinances are promulgated by legislators by means of certain speech acts; others, natural-law norms, stem from the very nature of social relations.
Thomism recognizes four different species of law, which he defines as "an ordinance of reason for the common good, made by him who has care of the community, and promulgated": [86] Eternal law, which is "the type of Divine Wisdom, as directing all actions and movements;" [87]
Jurisprudence, also known as theory of law or philosophy of law, is the examination in a general perspective of what law is and what it ought to be.It investigates issues such as the definition of law; legal validity; legal norms and values; as well as the relationship between law and other fields of study, including economics, ethics, history, sociology, and political philosophy.
People (wheresoever allowed) may potentially have prerogative to legally challenge (or sue) an agency, local council, public service, or government ministry for judicial review of the offending edict (law, ordinance, policy order). Such challenge vets the ability of actionable authority under the law, and that the government entity observed ...
In 2000, the city council passed an ordinance making firearm ownership mandatory. The mayor at the time encouraged this move because most citizens had already owned guns.
The rule of law is enshrined in Article 2 of the Treaty on European Union as one of the common values for all Member States. Under the rule of law, all public powers always act within the constraints set out by law, in accordance with the values of democracy and fundamental rights, and under the control of independent and impartial courts.