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A Summary of the Main Achievements of the Spanish Jurist-Theologians in the History of Jurisprudence

A Summary of the Main Achievements of the Spanish Jurist-Theologians in the History of Jurisprudence A SUMMARY OF THE MAIN ACHIEVEMENTS OF THE SPANISH JURIST-THEOLOGIANS IN THE HISTORY OF JURISPRUDENCE ANTON-HERMAN N CHROUST The Spanish jurist-theologians, who attempted to reconcile the philosophical controversies between the Thomists and Scotists over the issue of whether the intellect or the will was the ultimate foundation of natural law, for awhile had a significant impact on the subsequent history and development of natural law theories and jurisprudence in general, as may be gathered, for instance, from the works of Hugo Grotius and from Immanuel Kant's Cri- tique of Practical Reason as well as from Kant's Rechtslehre (Doc- trine of Law). IT WILL BE NOTED THAT the controversy between the Thomists or followers of St. Thomas Aquinas, who maintained the supremacy of the intellect over the will, and the Scotists, that is, the followers of Duns Scotus (and William of Occam), who insisted on the supremacy of the will over the intellect, to a large extent determined the subse- quent history of philosophy and the development of natural law theo- ries.1 The fundamental position of St. Thomas regarding this issue is, in brief, the following: although admitting that, in particular in- stances, the will has, or may have, some http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png American Journal of Jurisprudence Oxford University Press

A Summary of the Main Achievements of the Spanish Jurist-Theologians in the History of Jurisprudence

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Publisher
Oxford University Press
Copyright
© 1981 by The University of Notre Dame
ISSN
0065-8995
eISSN
2049-6494
DOI
10.1093/ajj/26.1.112
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Abstract

A SUMMARY OF THE MAIN ACHIEVEMENTS OF THE SPANISH JURIST-THEOLOGIANS IN THE HISTORY OF JURISPRUDENCE ANTON-HERMAN N CHROUST The Spanish jurist-theologians, who attempted to reconcile the philosophical controversies between the Thomists and Scotists over the issue of whether the intellect or the will was the ultimate foundation of natural law, for awhile had a significant impact on the subsequent history and development of natural law theories and jurisprudence in general, as may be gathered, for instance, from the works of Hugo Grotius and from Immanuel Kant's Cri- tique of Practical Reason as well as from Kant's Rechtslehre (Doc- trine of Law). IT WILL BE NOTED THAT the controversy between the Thomists or followers of St. Thomas Aquinas, who maintained the supremacy of the intellect over the will, and the Scotists, that is, the followers of Duns Scotus (and William of Occam), who insisted on the supremacy of the will over the intellect, to a large extent determined the subse- quent history of philosophy and the development of natural law theo- ries.1 The fundamental position of St. Thomas regarding this issue is, in brief, the following: although admitting that, in particular in- stances, the will has, or may have, some

Journal

American Journal of Jurisprudence – Oxford University Press

Published: Jan 1, 1981

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