from IX - Ethics
Published online by Cambridge University Press: 28 March 2008
Sources of the medieval concept of natural law
The chief sources on which the scholastics drew for their knowledge of natural law were Cicero, the Digest, St Paul, the Fathers and, later, Aristotle.
St Paul observed in his Epistle to the Romans, 2.12–16, that even without knowledge of the Old Testament Law pagans have its substance written on their hearts. Conscience and reason lead men to do by nature what the Law commands. Natural law thus accords with the Decalogue. Lactantius recorded Cicero's definition of law: true law is right reason in agreement with nature, being found among all men, summoning them to duty and prohibiting wrongdoing. True law may not be abolished by Senate or People; it is not different in Rome or in Athens, now or in the future. Its originator and promulgator is God; disobedience to it constitutes a denial of the nature of man.
The Digest in its first chapter distinguished three types of law: ius civile or the law of the state, ius gentium or the law of nations, and ius naturale or the law of nature. The jurists cited defined the natural law variously. Ulpian described it as the common instinct of animals; the union of male and female, the procreation of offspring and their education have been taught to animals by nature. But Gaius defined the natural law as those human laws practised by all nations and dictated to all men by natural reason, and Paulus said that the natural law consists of what is equitable and good.
To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.
Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
Find out more about the Kindle Personal Document Service.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.