By Luc J, Professor Wintgens
This booklet establishes legisprudence, unlike jurisprudence, as a felony thought of rational law-making. It means that via rejecting the typical knowledge concerning the nature of political law-making, laws can be more advantageous and streamlined. utilizing the equipment, theoretical insights and instruments of present criminal concept and philosophy of legislations in a brand new manner, the publication indicates the construction of legislation via legislators instead of executive. elevating new questions and difficulties of the validity of norms, the publication opens a brand new standpoint on legitimacy of norms, their which means and the constitution of the felony process. In distinguishing legitimacy and legitimation of legislations, the booklet ventures into the philosophical roots of felony idea and indicates the articulation of a brand new belief of sovereignty. In moving the emphasis to the location of the legislator and laws, this e-book opens a few new insights into the connection among legislative difficulties and criminal concept. Its major declare is that laws might be justified through the legislator.
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Example text
Indifference means that all values are equal when it comes to creation. The reason is that according to the nominalist version of divine omnipotence, any teleological interpretation of nature is contradictory with God’s essence, because this involves a preliminary creation of the telos preceding concrete beings whose telos it is. If the natural telos of man is happiness, this must be part of a universal or essence that determines human action. Man then strives towards the realisation of his telos or nature and becomes happy.
Universals, that is, would determine God’s will in subsequent creation which contradicts his absolute freedom. Divine omnipotence therefore equals God’s absolute freedom that is freedom not bound by anything. 22 For example, under the normal cause of events, the birth of a child is preceded, and therefore caused, by the sexual intercourse of his parents. Parents are God’s creation and so are the secondary cause of the existence of the child. God as a primary cause, however, can create a human being without the intervention of this secondary cause.
26 What we know of lex 26 Aquinas 1910: I–II, q. 91, a. : I–II, q. 93, a. ’ 30 Legisprudence aeterna is what God has revealed to us in the lex divina. 27 The idea of ‘participation’ stresses reason rather than will in law. 28 The former leads man to his supernatural end, the latter to man’s natural end (Aquinas 1910: I–II, q. 91, a. 4). ’29 The conceptual move therefore from realism to nominalism unsurprisingly involves the erasing of the lex aeterna, even if one were to conclude that God has created or decreed it.