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This book proposes a rather novel legal-philosophical approach to
understanding the intersection between law and morality. It does so
by analyzing the conditions for the existence of a juridical domain
of natural law from the perspective of the tradition of Thomistic
juridical realism. In order to highlight the need to reconnect with
this tradition in the context of contemporary legal philosophy, the
book presents various other recent jurisprudential positions
regarding the overlap between law and morality. While most authors
either exclude a conceptual necessity for the inclusion of moral
principles in the nature of law or refer to the purely moral status
of natural law at the foundations of the legal phenomenon, the book
seeks to elucidate the essential properties of the juridical status
of natural law. In order to establish the juridicity of natural
law, the book explores the relevant arguments of Thomas Aquinas and
some of his main commentators on this issue, above all Michel
Villey and Javier Hervada. It establishes that Thomistic juridical
realism observes the juridical phenomenon not only from the
perspective of legal norms or subjective individual rights, but
also from the perspective of the primary meaning of the concept of
right (ius), namely, the just thing itself as the object of
justice. In this perspective, natural rights already possess a
fully juridical status and can be described as natural juridical
goods. In addition, from the viewpoint of Thomistic juridical
realism, we can identify certain natural norms or principles of
justice as the juridical title of these rights or goods. The book
includes an assessment of the prospective points of dialogue with
the other trends in Thomistic legal philosophy as well as with
various accounts of the nature of law in contemporary legal theory.
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