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Lex, ordo, imperium. The communicability of legal precept in the thought of Thomas Aquinas

Original title: LEX, ORDO, IMPERIUM. LA COMUNICABILIDAD DEL PRECEPTO JURÍDICO EN EL PENSAMIENTO DE TOMÁS DE AQUINO
*Corresponding author for this work
  • Universidad de los Andes Chile
    ,
  • University of Padua
Research Output:
Contribution to journal
Article
Peer-review

Open access

Publication Information

Output type

Research Output:
Contribution to journal
Article
Peer-review

Original language

Spanish

Pages from-to (Number of pages)

Pages 131-159 (29 pages)

Journal (Volume, Issue Number)

Prudentia Iuris (Volume 2022, Issue 94)

Publication milestones

  • Published - 01/01/2022

Publication status

Published - 01/01/2022

ISSN

0326-2774

Publication IDs

  • Scopus: 85143847127

Abstract

According to Thomas Aquinas, law is a rule or measure that moves one to act and allows to judge a conduct. Human law expresses, consequently, a general con-sideration of a rational order that, by virtue of a motion of authority, must be assumed as iudicium of her own conduct by the citizen, just as, in the virtuous act, the lower powers participate in the rational order enunciated by the judgment of prudence. This elective identity, founded on the participation of the order proper to the legal precept in the prudential imperium, makes it possible to explain in which sense law is a principle of conduct, how it is related to coercion, and how its obligatory nature is justified even when the government is imperfect.