Kai kurie konstitucinės prigimtinės teisės interpretavimo aspektai vadovaujantis tomistine koncepcija.
The article introduces theoretical analysis of the theory of the Natural Law by Thomas Aquinas and the genesis of some of its modern interpretations. A special emphasis is put on the development of the understanding of human nature in the Thomistic interpretation of the Natural Law. This empha sis is intentional because the Thomistic perception considers human nature to be the source of the Natural Law. Therefore, the article analyses the concept of the hierarchy of laws, distinctive features of human nature, and the origins and the object of the Natural Law as explained by Thomas Aquinas. A short analysis of the reflection of the Natural Law in constitutional jurisprudence is given; however, it is done only through the aspect directly concerning human nature. The main body of the article consists of four parts that give theoretical analysis of the object of the research. The first part concentrates on the problem of the constitutional Natural Law in the jurisprudence of the Constitutional Court of the Republic of Lithuania, where the Natural Law implicitly derives from the human nature. The Constitutional Court further develops its doctrine in the direction of reasoning the main attribute of human nature - dignity. The second and the third parts concentrates on the understanding of human nature and Thomas Aquinas’s concept of law that is directly related to the genesis of the Natural Law. The article follows the analysis of Thomas Aquinas’s concept of laws, which explains the Natural Law as a mutual decision between synderesis and mind: good is to be done and evil avoided. The article analyses questions of human nature, which constitute the basis for the concept of "existential purpose". [...].
- Straipsniai / Articles