Adiaphora and indeterminacy of the law: On the tomistic doctrine of the determinatio and its constructive and completive role in the scholastics

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Abstract

This paper analyzes the thomistic concept of determination. For Aquinas, determination is one of the modes of derivation of the human law from natural law, and particularly the manner in which the civil or positive law is derived. The scholastics retake the reflection of Aquinas on this issue, and enrich his thought with new ideas and concepts, especially Luis de Leon and Domingo de Soto, the authors on whom we focused our research.

Translated title of the contributionAdiaphora and indeterminacy of the law: On the tomistic doctrine of the determinatio and its constructive and completive role in the scholastics
Original languageSpanish
Pages (from-to)51-77
Number of pages27
JournalPensamiento
Volume68
Issue number255
StatePublished - Jan 2012

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