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PŘIROZENÝ MRAVNÍ ZÁKON A BOŽÍ ZJEVENÍ

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Krumpolc E.
Studia theologica
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2011
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vol. 13
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issue 4
185–190
EN
The paper deals with the Natural Law from the point of view of Fundamental Theology, particularly the Theology of Revelation. The author argues in favour of the thesis that the Natural Law has a full validity only in cases when it is confirmed by the biblical Revelation of God. Universal ethics can only be found in the Light of Christ’s Gospel.
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K DOKUMENTU MTK O PŘIROZENÉM ZÁKONĚ– OTÁZKA KATEGORIE „DRUHU“ – TROJIČNÍ ZÁKLAD TZV. „ZLATÉHO PRAVIDLA“

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Pospíšil C. V.
Studia theologica
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2011
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vol. 13
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issue 4
207–216
EN
The author mentions two critical notes on the work of the ITC which does not consider its own former documents in its subsequent chronological texts. Moreover, the documents of this Commission are in need of an institutionalized academic dialogical reflection. Furthermore, the author deals with the category of species, which is very important in the sphere of natural order. Finally, the author demonstrates that the so-called “Golden Rule” is not particularly comprehensible out of the Trinitarian Image of God.
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Rozważania Franciszka Suáreza nad zakresem działania mocy absolutnej Boga w odniesieniu do prawa naturalnego

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Koszkał M.
Filo-Sofija
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2012
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vol. 12
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issue 2(17)
121-135
EN
The article presents Francis Suárez’s views concerning the problem of the possibility of granting dispensation from the natural law by the absolute power of God. Suárez’s opinions on this matter were shown in his comprehensive work on the philosophy of law: De legibus ac Deo legislatore, in Book II De lege aeterna, naturali, et jure gentium, chapter XV entitled Utrum Deus dispensare possit in lege naturali etiam de absoluta potestate. Analyzing the notion of natural law Suárez accepts the Thomistic formula, according to which, the created world is a collection of things with invariable natures. These natures require us to fulfil certain moral obligations and to act in a proper manner. And for this reason, natural law, included in the Decalogue, is invariable and even God is not able to grant its dispensation. The commandments involve an intrinsic principle of justice and obligation and for this reason they are not liable to dispensation. God cannot act contrary to His own nature and His being just, so He would not order people to do something intrinsically unjust. Doctor Eximius justifies moral norms expressed in the Decalogue axiologically, not in a voluntaristic way, by referring to God’s will alone. Suárez criticises both strong theological voluntarism, attributed to Ockham, as well as weak theological voluntarism, attributed to John Duns Scotus.
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C. S. LEWIS O PŘIROZENÉM MRAVNÍM ZÁKONĚ

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Novotný V.
Studia theologica
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2011
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vol. 13
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issue 4
170–184
EN
The study is a reaction against the subjectivism of modern ethical thinking. The author presents the ethical position of C. S. Lewis in comparison with the ITC document (2008) and reveals interesting connections between both concepts. The Natural Law is not merely a subjective matter. C. S. Lewis speaks about deep connections between the concept of the Natural Law and the Christian image of God.
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PRÁVO NA ODPOR JAKO ÚSTAVNĚ ZARUČENÉ PRÁVO A JEHO SPECIFIKA

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Bartoň M.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2019
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vol. 102
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issue 4
303 – 321
EN
The article deals with the right of resistance, especially with the question of the sense (or purpose) of its constitutional anchoring. The right of resistance as a constitutional subjective right cannot be claimed as a legal claim against state, neither in the form of a negative obligation of public authorities to respect such right, nor in the form of a positive obligation to fulfil and protect it. The right to resist has a natural law basis and already appears in early human rights documents. Its purpose is to justify resistance against state power in the case of violation of “social contract”. The question, whether the right to resist was legitimately used is more political or factual question, rather than legal. Constitutional anchoring of the right of resistance has therefore political and moral function and also very strong preventive role, mainly after the experience with totalitarian regimes.
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WAS HUGO GROTIUS A RATIONALIST?

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Contreras A. S.
Filozofia (Philosophy)
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2023
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vol. 78
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issue 8
619 – 633
EN
Scholars situate Grotius at the origin of more geometric rationalism. According to this reading, he is responsible for the transition from a dialectical to a deductivist interpretation of the naturally just. Grotius, however, neither deems ethics explainable through mathematics, nor does he think that reason alone determines whether an action is right or wrong. Without nature, he maintains, reason is an empty measure.
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Koncepcja umowy społecznej Thomasa Hobbesa a idea społecznej odpowiedzialności biznesu: podobieństwa i różnice

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Filek J.
Zeszyty Naukowe Uniwersytetu Ekonomicznego w Krakowie
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2012
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issue 882
5-26
EN
While some thinkers have already announced the decline of the idea of the social contract, the author believes it is definitely too early to relegate the idea to the dustbin of history. She therefore returns to the idea of the social contract and tries to read it anew, using the modern idea of corporate social responsibility. In her juxtaposition of the two ideas, the author points out many similarities but also significant differences between them. She eventually reaches the conclusion that the idea of corporate social responsibility is complementary to the previously accepted contract, a new approach that allows us to improve on the historical version’s lack of cohesion to accommodate our ever more rapidly changing world.
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PŘIROZENÝ ZÁKON A OTÁZKA UNIVERZÁLNÍ ETIKY V CÍRKVI ČESKOSLOVENSKÉ HUSITSKÉ

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Vogel J.
Studia theologica
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2011
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vol. 13
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issue 4
127-136
EN
The study compares the concept of the natural law according to the ITC document: The Search for Universal Ethics: A New Look at Natural Law with similar terms used in the theology of the Czechoslovak Hussite Church – in particular the terms moral law, humanity, freedom of conscience. The main differences amongst these concepts are seen in different attitudes toward natural theology. The author sees a fundamental agreement in an attempt to state certain general human common ethical principles, which are also based on significant cultural and religious traditions, in order to strengthen interpersonal coexistence in a global context.
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PŘIROZENÝ ZÁKON: SROVNÁNÍ ŘÍMSKOKATOLICKÉ A ŽIDOVSKÉ PERSPEKTIVY

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Biernot D.
Studia theologica
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2011
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vol. 13
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issue 4
137-151
EN
The article focuses on the reception of the idea of the natural law in Jewish thinking from Medieval to Postmodern times. It starts with outlining Maimuni’s refusal to put practical and ethical aspects of human existence on the same footing as theoretical pursuits of human intellect. This assumption is set against Aquinas’ analogical understanding of the functioning of practical and speculative reason, which is essential for the Thomistic grounding of the concept of the natural law. The article then proceeds to Yoseph Albo, the first Jewish scholar to introduce a Christian-like concept of natural law. One of his objectives for adopting the idea of natural law might have been to shift the debate on social and political standing of Jews in Christian society to a new and theoretically better grounded platform than that of contingent lex humana represented by the Church and secular legislation on behalf of Jews throughout the Middle Ages. Finally, the article turns its attention to David Novak, who claims that the concept of natural law retains some value even in the postmodern setting. Instead of an attempt to find some universal phenomenon to ground natural law, it seems more authentic and more useful to see it as the constitution of a universal horizon by a thinker in a particular culture for his or her own culture.
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KRITICKÉ REFLEXIE MATERIÁLNEHO JADRA ÚSTAVY

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Neumann J.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2018
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vol. 101
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issue 4
361 – 371
EN
The author aims his attention in the text to the conception of the material core of constitution. He evaluates critically (dis) interpretation of circumstances of beginning of this theory. The first part of the text is dedicated to the misleading belief about the stability role of this theory by its adoption to the constitutional system of Slovak Republic. In the case of the objective theory, there is a critic of the effort of returning iusnaturalism components to the (constitutional) law. The author tries to point at possible danger of its misuse by the antidemocratic movements in the society. The second part of the text concerns with concrete solutions how could be this theory compensated without its main negatives.
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LUTHEROVO POJETÍ PŘIROZENÉHO ZÁKONA JAKO ZÁKLAD UNIVERZÁLNÍ ETIKY

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Liguš J.
Studia theologica
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2011
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vol. 13
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issue 4
117-126
EN
The paper makes an inquiry into three areas of Luther’s up until now less known natural theology: natural cognition of God (cognitio Dei naturalis), natural human reason (ratio) and natural law (lex naturalis). All these areas are related to the proposed theme concerning the foundation of universal ethics. The German reformer Luther illuminates all three parts on the biblical dialectical background, in which he points to God’s original intention with human beings on the one hand and to the concrete historical situation of human beings after Adam’s fall into sin on the other hand.
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ZAKOTVENIE ETIKY V PRIRODZENOM ZÁKONE PODĽA JÁNA DUNSA SCOTA

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Chabada M.
Filozofia (Philosophy)
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2008
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vol. 63
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issue 3
240-251
EN
Duns Scotus argues that the will has a bent for the pleasant, by the help of which the humans want to reach some benefits for them, as well as a bent for justice, on the ground of which humans are able to love independently of their own benefits. It is the objective justice, which establishes the moral good of a practical act. The moral good is in full accordance with the true judgment of reason, which sets the necessary conditions for a morally good action. According to Duns Scotus there are two kinds of the moral norms, whose validity and obligation can be known naturally. The first kind is equal to natural law in the strict sense of the word. Its truth results from the formal contents of the concepts. The second kind is equal to natural law in the full sense of the word, i.e. to the norms of human relationships and the relationships of men to themselves. These norms can be syllogistically deduced from the first practical principles.
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DYNAMICKÉ POJETÍ PŘIROZENÉHO ZÁKONA A ČESKÁ TEOLOGICKÁ TRADICE

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Ovečka L.
Studia theologica
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2011
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vol. 13
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issue 4
191–206
EN
The idea of natural law comes from ancient Greek philosophy where it was understood as predominantly static. Transferred into the Christian theology, it was also understood as something stable, immovable, and unchangeable. Many examples of this can be shown, including those from the Czech tradition of moral theology from the period prior to the Second Vatican Council. The present document represents a completely different approach: Natural moral law is something dynamic, connected with the human conscience, ways of self-realization and of discerning good and evil. It does not represent heteronomous control of the conscience from outside but is a principal orientation in which a person makes decisions based on his or her own responsibility. The document is proof of the ability of the Church to react to changes in society, to develop its teaching and self-understanding.
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PRÁVNOFILOZOFICKÉ NÁZORY FERENCA DEÁKA

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Stipta I., Gáspár K.
Človek a spoločnosť. Internetový časopis pre pôvodné teoretické a výskumné štúdie z oblasti spoločenských vied
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2015
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vol. 18
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issue 3
-
EN
The essay reviews the general theories of one of the most remarkable reform politicians of Hungary, Ferenc Deák on law. A part of the professional literature debates whether the famous politician had any coherent and reasoned philosophical concepts are based on his essays. This paper attempts to justify that the pragmatic politics and legislative activity of Deák was led by conscious principles of natural law. In his system of ideas, not only progressive antique and humanistic elements but also the modern philosophical trends of the 18th century are present. Deák considered law and morality to be in an organic unity. As a politician and legislator, his main idea was the respect of law, the attachment to acts and the strong belief in moral fortitude.
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POVAHA PRÁVA V TEÓRII A PRAXI

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Rangl J.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2020
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vol. 103
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issue 4
297 – 310
EN
Nature of law is about elements, which law necessarily comprises. Legal positivism and non-positivism are conceptions about the nature of law. Due to the fact, that many constitutions have their sources in natural law conceptions, it’s not correct to think, that some conception of natural law has direct effect on the interpretation and the application of positive law. Connection between some conception of nature of law and legal practice is best described by correlation thesis, according to which these conceptions may at best have some influence on the interpretation of law in some cases, but its impact is usually not automatic and direct, if any. Opinions about the nature of law form part of pre-understanding of a judge and it’s the study of legal philosophy, which can help to make implicit presumptions explicit and subjected to critical reflection.
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POJEM NÁBOŽENSTVÍ V DOKUMENTU MTK HLEDÁNÍ UNIVERZÁLNÍ ETIKY

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Franc J.
Studia theologica
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2011
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vol. 13
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issue 4
152-161
EN
The author critically reflects on the first part of the ITC document (2008) from the point of view of religious studies. He asserts that the document uses typically Euro-American terminology and that the concept of religion applied in this text is also problematic. The text will be difficult to understand for a reader living outside the Christian cultural area.
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LIBERO ARBITRIO A RATIO V LUTHEROVEJ TEOLOGICKEJ ANTROPOLÓGII

88%
Batka Ľ.
Filozofia (Philosophy)
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2017
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vol. 72
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issue 6
475 – 486
EN
Luther’s theological anthropology with its emphasis on radical understanding of (original) sin and on lacking liberty, as far as salvation is concerned, is most prominent in his discussion with Erasmus of Rotterdam. Luther’s views require a discriminate approach. His critical view of the capabilities of human reason stems from soteriological emphasis on salvation as God’s activity for the sake of humans. Luther’s positive appraisal of human reason was developed in the context of his doctrine of two realms. Natural law as the Golden Rule is seen as a suitable ethical principle in searching for justice and welfare in human society – for Christians and Non-Christians alike. The author points out to the secular aspects in Luther’s theology and underlines his positive judgment of the society governed by reason.
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USUZOVÁNÍ Z PŘIKÁZÁNÍ

88%
Štěpán J.
Studia theologica
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2011
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vol. 13
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issue 4
162-169
EN
The concept of the normative system as a partially ordered set of norms is defined in the paper. Certain principles of deduction over norms and claims regarding the consistency of the normative system and the mode of the elimination of a contradiction are formulated. The problems of the consistency of normative systems are demonstrated with the example of the Decalogue, in particular the Fourth Commandment.
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Klíčové a diskutabilní partie v Akvinského koncepci lex naturalis

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Caha A.
Studia theologica
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2005
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vol. 7
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issue 3
1-17
EN
The article deals with the basic features of the natural law theory according to Thomas Aquinas and the open questions that follow from this conception. The most important features of the natural law theory according to Thomas are the participation of natural law in eternal law, the natural law grasped as the law of reason and natural inclinations. His conception also contains many issues that are always open and controversial. This article presents three issues: a complete list of common precepts of the natural law, the meaning of the eternal law for the natural law, and the problem of the good - how we shall understand the good within the context of natural law.
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