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JURAL LAW

Natural Law Theory


St. Thomas Aquinas

Law is an ordinance of reason for the common


good, made by him who has care of the
community, and promulgated.

1. Eternal Law
2. Natural Law
3. Human Law
1. Eternal Law (dictate of God’s reason)
Principle of action that God implanted in
creation to enable each thing to perform
its proper function in the universe.

2. Natural law (natural reason)


Principle of eternal law which are specific
to human beings as rational creatures for
man to discern how he should act.
1. Eternal Law (dictate of God’s reason)
Principle of action that God implanted in
creation to enable each thing to perform
its proper function in the universe.

2. Natural law (natural reason)


Principle of eternal law which are specific
to human beings as rational creatures for
man to discern how he should act.
3. Human Law/Positive law (Human reason)
Human reason needs to proceed to the
more particular determinations and
specialized regulations to declare what is
required in a particular cases considering
society’s specific circumstances.
“JURAL” denotes the state.

Jural/State Law
- Laws governing the rights and obligations
sanctioned and governed by positive law
which is enacted by proper authority.
Law in its jural sense has three distinct senses:

1. Paticular
2. Collective
3. Abstract
1. Particular Sense
Law Refers to:
A. Statutes – written enactment of legislative

 Rule or Opinion by an agency of a state


e.g. criminal procedure promulgated by SC

 Rule or Opinion by Jurists


e.g. clear and present danger rule, J.
Holmes
Contract or agreement between parties
Creating “law” between parties.

- While they’re not enactments of


legislature, and so not statutes properly
called, they are nonetheless laws.

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