The Treatise on Law: (Summa Theologiae, I-II; qq. 90-97)

University of Notre Dame Pess
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In this translation of Saint Thomas Aquinas’s The Treatise on Law, R. J. Henle, S.J., a well-known authority on philosophy and jurisprudence, fluently and accurately presents the Latin and English translation of this important work. Henle provides the necessary background for an informed reading of the Treatise, as well as the only in-depth commentary available in English on this text. /// The first section of the book contains an introduction to St. Thomas’s life, work, writings, and jurisprudence. Henle discusses the structure of St. Thomas’s magnum opus, Summa Theologiae, from which The Treatise on Law is excerpted. A brief section is included on Scholastic philosophy and also on St. Thomas’s approach to the study of law. Henle then examines Thomas’s definition of a law and the general doctrinal background for the Treatise. Finally Henle explores St. Thomas’s sources, including his use of auctoritates, or authoritative quotations drawn primarily from the Bible, Aristotle, St. Augustine, and St. Isidore of Seville. /// The second part of the book contains the Latin text of the Treatise presented unit by unit, each followed by the English translation and, when appropriate, by a comment. The Treatise on Law will be of interest to law students, lawyers, judges, and legal scholars. It will also appeal to those interested in St. Thomas’s legal philosophy, such as political scientists, theoretical sociologists, and cultural historians. For philosophers, especially beginners in medieval philosophy, it serves as a good introduction to the thought of St. Thomas.
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About the author

R. J. Henle, S.J. (1909–2000) was professor emeritus of philosophy and jurisprudence at St. Louis University. Father Henle published hundreds of books, articles, and reviews. Noteworthy among them were his Latin Series, Marquette Aquinas Lecture, Method in Metaphysics, St. Thomas and Platonism, and Theory of Knowledge.

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Additional Information

Publisher
University of Notre Dame Pess
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Published on
May 31, 1993
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Pages
388
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ISBN
9780268045586
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Language
English
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Genres
Law / Jurisprudence
Law / Natural Law
Philosophy / Ethics & Moral Philosophy
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This content is DRM protected.
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This carefully crafted ebook: "Summa Theologica (All Complete & Unabridged 3 Parts + Supplement & Appendix + interactive links and annotations)" is formatted for your eReader with a functional and detailed table of contents. This ebook is the best-known work of Thomas Aquinas (c.1225–1274). Although unfinished, the Summa is "one of the classics of the history of philosophy and one of the most influential works of Western literature." It is intended as an instructional guide for moderate theologians, and a compendium of all of the main theological teachings of the Catholic Church. It presents the reasoning for almost all points of Christian theology in the West. The Summa Theologica is divided into three parts, and each of these three parts contains numerous subdivisions. Part 1 deals primarily with God and comprises discussions of 119 questions concerning the existence and nature of God, the Creation, angels, the work of the six days of Creation, the essence and nature of man, and divine government. Part 2 deals with man and includes discussions of 303 questions concerning the purpose of man, habits, types of law, vices and virtues, prudence and justice, fortitude and temperance, graces, and the religious versus the secular life. Part 3 deals with Christ and comprises discussions of 90 questions concerning the Incarnation, the Sacraments, and the Resurrection. Some editions of the Summa Theologica include a Supplement comprising discussions of an additional 99 questions concerning a wide variety of loosely related issues such as excommunication, indulgences, confession, marriage, purgatory, and the relations of the saints toward the damned. Scholars believe that Rainaldo da Piperno, a friend of Aquinas, probably gathered the material in this supplement from a work that Aquinas had completed before he began working on the Summa Theologica. It seeks to describe the relationship between God and man and to explain how man’s reconciliation with the Divine is made possible at all through Christ. To this end, Aquinas cites proofs for the existence of God and outlines the activities and nature of God. Approximately one-half of the Summa Theologica then examines the nature and purpose of man. Finally, Aquinas devotes his attention to the nature of Christ and the role of the Sacraments in effecting a bridge between God and man. Within these broad topical boundaries, though, Aquinas examines the nature of God and man in exquisite detail. His examination includes questions of how angels act on bodies, the union of body and soul, the cause and remedies of anger, cursing, and the comparison of one sin with another. Aquinas is attempting to offer a truly universal and rational view of all existence. Thomas Aquinas, O.P. (1225 – 1274), also Thomas of Aquin or Aquino, was an Italian Dominican priest, and an immensely influential philosopher and theologian in the tradition of scholasticism, within which he is also known as the "Doctor Angelicus", "Doctor Communis", and "Doctor Universalis". He was the foremost classical proponent of natural theology, and the father of Thomism. His influence on Western thought is considerable, and much of modern philosophy was conceived in development or refutation of his ideas, particularly in the areas of ethics, natural law, metaphysics, and political theory.
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The Summa Theologiae (Latin: Compendium of Theology or Theological Compendium; also subsequently called the Summa Theologica or simply the Summa, written 1265-1274) is the best-known work of Thomas Aquinas (c.1225-1274), and although unfinished, "one of the classics of the history of philosophy and one of the most influential works of Western literature." It is intended as a manual for beginners in theology and a compendium of all of the main theological teachings of the Church. It presents the reasoning for almost all points of Christian theology in the West. The Summa's topics follow a cycle: the existence of God; Creation, Man; Man's purpose; Christ; the Sacraments; and back to God. (courtesy of wikipedia.com). This is part 1, 'Prima Pars'. Aquinas's greatest work was the Summa, and it is the fullest presentation of his views. He worked on it from the time of Clement IV (after 1265) until the end of his life. When he died, he had reached Question 90 of Part III (on the subject of penance). What was lacking was added afterwards from the fourth book of his commentary on the Sentences of Peter Lombard as a supplementum, which is not found in manuscripts of the thirteenth and fourteenth centuries. The Summa was translated into Greek (apparently by Maximus Planudes around 1327), Armenian, many European languages, and Chinese. It consists of three parts. Part I treats of God, who is the "first cause, himself uncaused" (primum movens immobile) and as such existent only in act (actu) - that is, pure actuality without potentiality, and therefore without corporeality. His essence is actus purus et perfectus. This follows from the fivefold proof for the existence of God; namely, there must be a first mover, unmoved, a first cause in the chain of causes, an absolutely necessary being, an absolutely perfect being, and a rational designer.
The Summa Theologiae (Latin: Compendium of Theology or Theological Compendium; also subsequently called the Summa Theologica or simply the Summa, written 1265-1274) is the best-known work of Thomas Aquinas (c.1225-1274), and although unfinished, "one of the classics of the history of philosophy and one of the most influential works of Western literature." It is intended as a manual for beginners in theology and a compendium of all of the main theological teachings of the Church. It presents the reasoning for almost all points of Christian theology in the West. The Summa's topics follow a cycle: the existence of God; Creation, Man; Man's purpose; Christ; the Sacraments; and back to God. (courtesy of wikipedia.com). This is part 1-2, 'Pars Prima Secundae'. In a chain of acts of will, man strives for the highest end. They are free acts, insofar as man has in himself the knowledge of their end (and therein the principle of action). In that the will wills the end, it wills also the appropriate means, chooses freely and completes the consensus. Whether the act be good or evil depends on the end. The "human reason" pronounces judgment concerning the character of the end; it is, therefore, the law for action. Human acts, however, are meritorious insofar as they promote the purpose of God and his honor. By repeating a good action, man acquires a moral habit or a quality which enables him to do the good gladly and easily. This is true, however, only of the intellectual and moral virtues (which Aquinas treats after the manner of Aristotle); the theological virtues are imparted by God to man as a "disposition", from which the acts here proceed; while they strengthen, they do not form it. The "disposition" of evil is the opposite alternative. An act becomes evil through deviation from the reason, and from divine moral law.
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