The Relationship between Natural and Statutory Law in Ancient and Medieval Concepts

The article discusses the shaping of the relation between natural and statutory law in the philosophical, political and legal concepts from the Antiquity until the Middle Ages. Firstly, the author analyzes the views of a sophist – Aristotle, and Stoics – Saint Augustine of Hippo and Saint Thomas Aq...

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Autor principal:	Marek Maciejewski
Formato:	article
Lenguaje:	EN PL
Publicado:	Ksiegarnia Akademicka Publishing 2021
Materias:	Nature natural law statutory law positive law validity of law Law K Political science J
Acceso en línea:	https://doaj.org/article/62eeecddf65644429008afcc6854e3fe
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id	oai:doaj.org-article:62eeecddf65644429008afcc6854e3fe
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spelling	oai:doaj.org-article:62eeecddf65644429008afcc6854e3fe2021-11-27T13:07:39ZThe Relationship between Natural and Statutory Law in Ancient and Medieval Concepts10.12797/Politeja.14.2017.48.011733-67162391-6737https://doaj.org/article/62eeecddf65644429008afcc6854e3fe2021-06-01T00:00:00Zhttps://journals.akademicka.pl/politeja/article/view/1659https://doaj.org/toc/1733-6716https://doaj.org/toc/2391-6737 The article discusses the shaping of the relation between natural and statutory law in the philosophical, political and legal concepts from the Antiquity until the Middle Ages. Firstly, the author analyzes the views of a sophist – Aristotle, and Stoics – Saint Augustine of Hippo and Saint Thomas Aquinas in order to identify on their basis the main principles concerning the matter at hand. His research permitted him to conclude that during the mentioned period the prevailing conviction was that statutory law (positive law) should not violate natural law (and sometimes simultaneously God`s law) because the latter was perceived as a higher legal order. Statutory law that conflicted with the higher law was usually considered invalid and – as such – not creating the obligation of obedience. It was also considered unjust. For Christian thinkers God himself was the creator of principles of justice; therefore that law which came directly from him was put at the top of the legal structure. Natural law was seen as mirroring this law of God. In turn, statutory law was supposed to reflect the rules of natural law. Marek MaciejewskiKsiegarnia Akademicka PublishingarticleNaturenatural lawstatutory lawpositive lawvalidity of lawLawKPolitical scienceJENPLPoliteja, Vol 14, Iss 3(48) (2021)
institution	DOAJ
collection	DOAJ
language	EN PL
topic	Nature natural law statutory law positive law validity of law Law K Political science J
spellingShingle	Nature natural law statutory law positive law validity of law Law K Political science J Marek Maciejewski The Relationship between Natural and Statutory Law in Ancient and Medieval Concepts
description	The article discusses the shaping of the relation between natural and statutory law in the philosophical, political and legal concepts from the Antiquity until the Middle Ages. Firstly, the author analyzes the views of a sophist – Aristotle, and Stoics – Saint Augustine of Hippo and Saint Thomas Aquinas in order to identify on their basis the main principles concerning the matter at hand. His research permitted him to conclude that during the mentioned period the prevailing conviction was that statutory law (positive law) should not violate natural law (and sometimes simultaneously God`s law) because the latter was perceived as a higher legal order. Statutory law that conflicted with the higher law was usually considered invalid and – as such – not creating the obligation of obedience. It was also considered unjust. For Christian thinkers God himself was the creator of principles of justice; therefore that law which came directly from him was put at the top of the legal structure. Natural law was seen as mirroring this law of God. In turn, statutory law was supposed to reflect the rules of natural law.
format	article
author	Marek Maciejewski
author_facet	Marek Maciejewski
author_sort	Marek Maciejewski
title	The Relationship between Natural and Statutory Law in Ancient and Medieval Concepts
title_short	The Relationship between Natural and Statutory Law in Ancient and Medieval Concepts
title_full	The Relationship between Natural and Statutory Law in Ancient and Medieval Concepts
title_fullStr	The Relationship between Natural and Statutory Law in Ancient and Medieval Concepts
title_full_unstemmed	The Relationship between Natural and Statutory Law in Ancient and Medieval Concepts
title_sort	relationship between natural and statutory law in ancient and medieval concepts
publisher	Ksiegarnia Akademicka Publishing
publishDate	2021
url	https://doaj.org/article/62eeecddf65644429008afcc6854e3fe
work_keys_str_mv	AT marekmaciejewski therelationshipbetweennaturalandstatutorylawinancientandmedievalconcepts AT marekmaciejewski relationshipbetweennaturalandstatutorylawinancientandmedievalconcepts
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The Relationship between Natural and Statutory Law in Ancient and Medieval Concepts

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