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Books > Humanities > Religion & beliefs > General > Philosophy of religion
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The Architecture of Law - Rebuilding Law in the Classical Tradition (Hardcover)
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The Architecture of Law - Rebuilding Law in the Classical Tradition (Hardcover)
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This book argues that classical natural law jurisprudence provides
a superior answer to the questions “What is law?” and “How
should law be made?” rather than those provided by legal
positivism and “new” natural law theories. What is law? How
should law be made? Using St. Thomas Aquinas’s analogy of God as
an architect, Brian McCall argues that classical natural law
jurisprudence provides an answer to these questions far superior to
those provided by legal positivism or the “new” natural law
theories. The Architecture of Law 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. Classical jurisprudence is
presented as a synthesis of the work of the greatest minds of
antiquity and the medieval period, including Cicero, Aristotle,
Gratian, Augustine, and Aquinas; the significant texts of each
receive detailed exposition in these pages. Along with McCall’s
development of the architectural image, he raises a question that
becomes a running theme throughout the book: 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? The separation of the study of law from knowledge
of theology and morality, McCall argues, only results in the
impoverishment of our understanding of law. He concludes that they
must be reunited in order for jurisprudence to flourish. This book
will appeal to academics, students in law, philosophy, and
theology, and to all those interested in legal or political
philosophy.
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