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Ontyczna struktura normy w ujęciu tomistycznym

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Herold N.

Rocznik Tomistyczny

2022

issue 11

277-294

This paper is an attempt to show the Thomistic approach of the ontic structure of norm for conduct of created rational beings. The basis for the statements is Treatise on Law of St. Thomas Aquinas (Summa Theologiae I-II, q. 90-97). There has been two external causes described, that is a formal cause, which shows the pattern of acceptance for a particular norm, and a material one, which is decisive with regard to its content. Additionally, the formal cause decides on the method of promulgation (announcement of co-ming into force) of the norm and on the method of its enforcement (coercive force, sanction). The content of norm (material cause) who is the object of the above protection cannot be any content, but a derivative of permissions subjected in nature (ius civile, ius gentium) and read out adequately by the intellect in the most possible way. Hence, natural law is the resultant of that what is subjected in the nature and the intellectual activity of man who attempts to cognize and articulate the nature. Such understood natural law is, according to Thomas Aquinas, a common fundament for various normative systems (ethics, morality, statute law and common law). The external causes of norm are hence the final cause which answer to the question on the purpose of norm (why do we establish a norm?) and the efficient cause which shapes the matter (content) of norm, and establishes its validity (form). The feature of the efficient cause is its competence for establishing norms present in its ability to secure the norms with a sanction. According to Aquinas, we find a fundament for any norm in the nature of reality whose reading from the normative perspective establishes a natural law. Any other normative systems are binding only when they participate, as specification for example, in natural law.

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1 Rocznik Tomistyczny

1 Herold N.

1 2022

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Ontyczna struktura normy w ujęciu tomistycznym