Abstract

Natural law in its original sense, found in the great scholastics, is little noted today. There are internal problems which may vitiate the idea at the outset. The greatest is the putatively "natural" character of natural law. The notion seems dependent upon an idea of God derived from Christian theology. This dissertation seeks to display a complete account of classic natural law, with that problem in mind. ;The guide in this attempt is Francisco Suarez, the greatest figure of the 16th century scholastic revival, rather than Aquinas. Thomas's discussion of natural law is brief, included in a beginner's textbook. Suarez wrote an in-depth treatment of law in general, intended to resolve the conflicts of his predecessors. His De Legibus thus provides a complete overview of scholastic legal thought, as well as his own teaching. ;The objections raised against the natural aspect of natural law are based on an understanding that confuses the distinction between nature and grace with that between reason and revelation. Reason and revelation are sources of knowledge which may conflict, in fact or in appearance. This is a problem for all Scriptural religions. Nature and grace are terms of Christian theology, developed to meet particular needs, which have no reference to knowledge. They refer to a distinction between those aspects of human being derived from God's work in creation and those derived from an absolutely free divine gift. If one opposes nature to convention, nature and grace in this technical Christian sense are both "natural." They are innate factors in all humans, everywhere and in every time, acknowledged or not. The word natural in natural law is defined over against convention, not against grace. Natural law is itself a work of grace, inextricably linked with God its legislator in a way that its great advocates never thought to deny or hide