150
divine grace (Kelsen 1960). In the Summa Theologica, Aquinas distinguishes
between eternal, natural, divine and human law. Eternal law is the absolute foundation of any other law because the natural law is a participation of the rational creature in the eternal law (Baur 2012),
3
and the positive laws at least cannot be in
contradiction with the eternal law. According to him, ‘the eternal law is nothing else
than the type of Divine Wisdom, as directing all actions and movements.’ (Aquinas
Question 93 Article 1) No one can know the eternal law, as it is in itself, except the
blessed who see God in His Essence. But every rational creature knows it in its
reflection, greater or less” (Aquinas II. Part Question 93 Article 2.) St. Augustine
also shows that above human law there is an ‘eternal and unchangeable’ law, ‘the
law according to which it is just that all things be perfectly ordered’ (Augustine
1993). Regarding Eastern legal systems, for instance, the higher order-human law
(Rta-dharma) duality also has a tradition in the classical Hindu law. In classical
Hindu law eternal law called Rta, which refers both to the true and everlasting movements of the cosmos (Davis 2010). Rta evolved from the shruti (the Vedas,
4
divine
revelations) (Timm 1992) and smrti (what was remembered). The dharma is the Rta
applied to human field, it is a collection of concrete model of behaviors (Hacker 2006).
One common feature of these traditional standpoints is that to determine eternal
law, all of them build on metaphysical roots. It means that the representatives of
classical natural law had a deeper approach on rules above human law than most
authors have in modern literature.
5
According to historian Heinrich Rommen in the
history of natural law Grotius was the turning point. Hugo Grotius may be said to
have marked the transition from the metaphysical to the rationalist natural law
(Rommen 1998). Another common characteristic of the abovementioned natural law
approaches is that eternal law can be known generally by revelation (Finnis 1980),
6
not reason or science as we could see earlier in this chapter. Finally, modern natural
law is interpreted in an antrophocentric fashion, while the theories of classical natural law proponents can be considered rather theocentric. Regarding Plato and
Aristotle John Finnis notes that they do not use the existence of God or the gods as
an argument to justify their claim that there are objective norms of human flourishing and principles of human reasonableness. But their arguments in justifying that
claim, and their reflection upon the nature, point, and source of those arguments,
lead them to affirm that there is a transcendent source of being (Finnis 1980).
3 ‘It is important to note that, for Aquinas, natural law is not something separate from eternal law.
Rather, for Aquinas, the natural law is the eternal law itself, but regarded under the aspect of its
being in us (rational beings) in this unique, twofold way: it is as in created beings that are ruled,
measured, and directed by means of it, but also in us as in created (rational) beings that rule, measure, and direct by means of it.’
4 The Vedas are considered the most sacred books of India. They are the original scriptures of
Hindu teachings, containing spiritual knowledge encompassing all aspects of life. From the Vedas
in this study I will refer to the Bhagavad-Gíta (“Song of the Lord”; BG) This is one of the most
popular and authentic Hindu texts and has an important place within the Hindu tradition.
5 Note that this claim is true regarding the secular and not the religious reconsiderations of natural law.
6 According to Aristotle the supreme object of understanding is God and that intelligence (nous)
understands itself through participation in the object of understanding.
O. Bányai
divine grace (Kelsen 1960). In the Summa Theologica, Aquinas distinguishes
between eternal, natural, divine and human law. Eternal law is the absolute foundation of any other law because the natural law is a participation of the rational creature in the eternal law (Baur 2012),
3
and the positive laws at least cannot be in
contradiction with the eternal law. According to him, ‘the eternal law is nothing else
than the type of Divine Wisdom, as directing all actions and movements.’ (Aquinas
Question 93 Article 1) No one can know the eternal law, as it is in itself, except the
blessed who see God in His Essence. But every rational creature knows it in its
reflection, greater or less” (Aquinas II. Part Question 93 Article 2.) St. Augustine
also shows that above human law there is an ‘eternal and unchangeable’ law, ‘the
law according to which it is just that all things be perfectly ordered’ (Augustine
1993). Regarding Eastern legal systems, for instance, the higher order-human law
(Rta-dharma) duality also has a tradition in the classical Hindu law. In classical
Hindu law eternal law called Rta, which refers both to the true and everlasting movements of the cosmos (Davis 2010). Rta evolved from the shruti (the Vedas,
4
divine
revelations) (Timm 1992) and smrti (what was remembered). The dharma is the Rta
applied to human field, it is a collection of concrete model of behaviors (Hacker 2006).
One common feature of these traditional standpoints is that to determine eternal
law, all of them build on metaphysical roots. It means that the representatives of
classical natural law had a deeper approach on rules above human law than most
authors have in modern literature.
5
According to historian Heinrich Rommen in the
history of natural law Grotius was the turning point. Hugo Grotius may be said to
have marked the transition from the metaphysical to the rationalist natural law
(Rommen 1998). Another common characteristic of the abovementioned natural law
approaches is that eternal law can be known generally by revelation (Finnis 1980),
6
not reason or science as we could see earlier in this chapter. Finally, modern natural
law is interpreted in an antrophocentric fashion, while the theories of classical natural law proponents can be considered rather theocentric. Regarding Plato and
Aristotle John Finnis notes that they do not use the existence of God or the gods as
an argument to justify their claim that there are objective norms of human flourishing and principles of human reasonableness. But their arguments in justifying that
claim, and their reflection upon the nature, point, and source of those arguments,
lead them to affirm that there is a transcendent source of being (Finnis 1980).
3 ‘It is important to note that, for Aquinas, natural law is not something separate from eternal law.
Rather, for Aquinas, the natural law is the eternal law itself, but regarded under the aspect of its
being in us (rational beings) in this unique, twofold way: it is as in created beings that are ruled,
measured, and directed by means of it, but also in us as in created (rational) beings that rule, measure, and direct by means of it.’
4 The Vedas are considered the most sacred books of India. They are the original scriptures of
Hindu teachings, containing spiritual knowledge encompassing all aspects of life. From the Vedas
in this study I will refer to the Bhagavad-Gíta (“Song of the Lord”; BG) This is one of the most
popular and authentic Hindu texts and has an important place within the Hindu tradition.
5 Note that this claim is true regarding the secular and not the religious reconsiderations of natural law.
6 According to Aristotle the supreme object of understanding is God and that intelligence (nous)
understands itself through participation in the object of understanding.
O. Bányai