LEX, ORDO, IMPERIUM. LA COMUNICABILIDAD DEL PRECEPTO JURÍDICO EN EL PENSAMIENTO DE TOMÁS DE AQUINO

Translated title of the contribution: Lex, ordo, imperium. The communicability of legal precept in the thought of Thomas Aquinas

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Abstract

According to Thomas Aquinas, law is a rule or measure that moves one to act and allows to judge a conduct. Human law expresses, consequently, a general con-sideration of a rational order that, by virtue of a motion of authority, must be assumed as iudicium of her own conduct by the citizen, just as, in the virtuous act, the lower powers participate in the rational order enunciated by the judgment of prudence. This elective identity, founded on the participation of the order proper to the legal precept in the prudential imperium, makes it possible to explain in which sense law is a principle of conduct, how it is related to coercion, and how its obligatory nature is justified even when the government is imperfect.

Translated title of the contributionLex, ordo, imperium. The communicability of legal precept in the thought of Thomas Aquinas
Original languageSpanish
Pages (from-to)131-159
Number of pages29
JournalPrudentia Iuris
Volume2022
Issue number94
DOIs
StatePublished - 1 Jan 2022
Externally publishedYes

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