The Architecture of Law : Rebuilding Law in the Classical Tradition

This book argues that classical natural law jurisprudence provides a superior answer to the questions “What is law?” and “How should law be made?” rather than those provided by legal positivism and “new” natural law theories. What is law? How should law be made? Using St. Thomas Aquinas’s analogy of God as an architect, Brian McCall argues that classical natural law jurisprudence provides an answer to these questions far superior to those provided by legal positivism or the “new” natural law theories. The Architecture of Law explores the metaphor of law as an architectural building project, with eternal law as the foundation, natural law as the frame, divine law as the guidance provided by the architect, and human law as the provider of the defining details and ornamentation. Classical jurisprudence is presented as a synthesis of the work of the greatest minds of antiquity and the medieval period, including Cicero, Artistotle, Gratian, Augustine, and Aquinas; the significant texts of each receive detailed exposition in these pages. Along with McCall’s development of the architectural image, he raises a question that becomes a running theme throughout the book: To what extent does one need to know God to accept and understand natural law jurisprudence, given its foundational premise that all authority comes from God? The separation of the study of law from knowledge of theology and morality, McCall argues, only results in the impoverishment of our understanding of law. He concludes that they must be reunited in order for jurisprudence to flourish. This book will appeal to academics, students in law, philosophy, and theology, and to all those interested in legal or political philosophy. "[This book] explores the metaphor of law as an architectural building project, with eternal law as the foundation, natural law as the frame, divine law as the guidance provided by the architect, and human law as the provider of the defining details and ornamentation. Classical jurisprudence is presented as a synthesis of the work of the greatest minds of antiquity and the medieval period, including Cicero, Aristotle, Gratian, Augustine, and Aquinas; the significant texts of each receive detailed exposition in these pages. Along with [the author's] development of the architectural image, he raises a question that becomes a running theme throughout the book: To what extent does one need to know God to accept and understand natural law jurisprudence, given its foundational premise that all authority comes from God? The separation of the study of law from knowledge of theology and morality, [the author] argues, only results in the impoverishment of our understanding of law. [The author] concludes that they must be reunited in order for jurisprudence to flourish."-- Provided by publisher Cover Half Title Title Page Copyright Dedication Contents Acknowledgments 1. Introducing the Building Project 2. Building Law on a Solid Foundation: The Eternal Law 3. Discovering the Framework: The Natural Law 4. Examining the Framework: The Content of the Natural Law 5. Consulting the Architect When Problems Arise: The Divine Law 6. Decorating the Structure: The Art of Making Human Law 7. Appointing a Foreman: The Basis of Authority and Obligation 8. Falling Off the Frame: The Limits of Legal Authority 9. The Point of the Structure: Justice and the Causes of Law 10. The Reality of the Art (Not the Science) of Law Notes Select Bibliography Index Introducing The Building Project -- Building Law On A Solid Foundation : The Eternal Law -- Discovering The Framework : The Natural Law -- Examining The Framework : The Content Of The Natural Law -- Consulting The Architect When Problems Arise : The Divine Law -- Decorating The Structure : The Art Of Making Human Law -- Appointing A Foreman : The Basis Of Authority And Obligation -- Falling Off The Frame : The Limits Of Legal Authority -- The Point Of The Structure : Justice And The Causes Of Law -- The Reality Of The Art (not The Science) Of Law. Brian M. Mccall. Includes Bibliographical References And Index.