The Architecture of Law: Rebuilding Law in the Classical Tradition
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Description
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.
ISBN
9780268103330
ISBN
9780268103347
Publication Date
2018
Volume
10
Issue
1&2
Publisher
Notre Dame Press
Keywords
Jurisprudence, Natural Law, Eternal Law, Law and Philosophy
Disciplines
Law
Recommended Citation
McCall, Brian, "The Architecture of Law: Rebuilding Law in the Classical Tradition" (2018). Faculty Books and Book Chapters. 54.
https://digitalcommons.law.ou.edu/fac_books/54