The doctrine of natural law and the fathers of the church

• Author: Cezar Tita - Dana Tita
• Position: Faculty of Law and Public Administration Rm. Vâlcea, the Law Department Spiru Haret University, Bucharest, Romania - Faculty of Law and Public Administration Rm. Vâlcea, the Law Department Spiru Haret University, Bucharest, Romania
• Pages: 58-62

AGORA International Journal of Juridical Sciences, www.juridicalj ournal.univagora.ro

ISSN 1843-570X, E-ISSN 2067-7677

No.1 (2012), pp. 162-166

162

THE DOCTRINE OF NATURAL LAW AND THE FATHERS OF THE CHURCH

C. Tit, D. Tit

Cezar Tit

Faculty of Law and Public Administration Rm. Vâlcea, the Law Depart ment

Spiru Haret University, Bucharest, Romania

*Correspondence: Cezar Tit, Dean, Faculty of Law and Public Administration, 22 G-ral.

Praporgescu St., Rm. Vâlcea, Romania

E-mail: c.tita.dvl@spiruharet.ro / departamentdrept@spiruharet.r o

Dana Tit

Faculty of Law and Public Administration Rm. Vâlcea, the Law Depart ment

Spiru Haret University, Bucharest, Romania

*Correspondence: Dana Tit, Faculty of Law and Public Ad ministration, 22 G-ral.

Praporgescu St., Rm. Vâlcea, Romania

E-mail: d.v.tita.dvl@spiruharet.ro / departamentdrept@spiruharet.ro

Abstract

Still from the moment the human became a ware of the ratio nality he possesses, he

could perceive the existence of the bindings which he has with others, but also the existenc e

of some rules above his will. The Fathers of the Church achieved, according to the roman

jurists, this set of premeditated rules, known as the natural right, trying to be in accord with

religion.

Key words: natural right, divine law, positive right, law, state.

Introduction

In the nature there is, between the bein gs of the same kind, connections that make

them to connect with in communities, between those animals and human societies there are

common factors and cleavage factors, the last ones being impregna ted in rationality.

Rational animal, the human participates at the general natural necessity, being the

subject of the laws of nature, but also having its own laws, abducted from its rational nature

dominated by conscience.

So, there is a natural right, of the whole nature, and a proper right of the human

race. Since from the roman lawyers this distinction has been established, between a common

right of human and others beings, and the right of the community, of the human society,

dominated by rationality.

The roman lawyers and the institution of natural right

The recognition of the natural right existence was accomplished “once the roman

right, which brought under regulation in detail the commercial relationships of roman people

could no more be imposed, especially as a consequence of the expansion of Rome, therefore