This paper applies a very traditional position within Natural Law Theory to Cyberspace. I shall first justify a Natural Law approach to Cyberspace by exploring the difficulties raised by the Internet to traditional principles of jurisprudence and the difficulties this presents for a Positive Law Theory account of legislation of Cyberspace. This will focus on issues relating to geography. I shall then explicate the paradigm of Natural Law accounts, the Treatise on Law, by Thomas Aquinas. From this account will emerge (...) the structure of law and the metaphysics of justice. I shall explore those aspects of Cyberspace which cause geography to be problematic for Positive Law Theory and show how these are essential, unavoidable and beneficial. I will then apply Aquinas’s structure of law and metaphysics of justice to these characteristics. From this will emerge an alternative approach to cyberlaw which has no problem with the nature of Cyberspace as it is but treats it as a positive foundation for new legal developments. (shrink)

Alasdair MacIntyre asks, if all individuals are in fact potential authorities of natural law and agree on its fundamentals, how can we explain manifest moral disagreement? Contemporary Thomistic natural law theorists have not attempted to address this particular issue to a significant degree. MacIntyre, taking this large-scale rejection seriously, focuses on the communal factors that allow individuals to recognize their need for and commitment to Thomistic natural law. By doing so, he attempts to give reasons for why we should expect (...) natural law to be widely denied in contemporary society. In this paper, I argue that MacIntyre’s approach to natural law is capable of accounting for the seemingly paradoxical claim that these per se nota first principles of natural law might suffer apparent widespread rejection. Moreover, I will argue that MacIntyre’s account is also capable of explaining why we should actually expect such rejection to occur. (shrink)

Although there are many studies on John Calvin’s teaching on natural law, the relation between natural law and Roman law has received relatively less attention. This essay examines the relation between natural law and Roman law in Calvin’s exegetical writing on the Mosaic law. I argue that Calvin regarded Roman law as an exemplary, albeit imperfect, witness to the natural law, and he used Roman law to aid in his interpretation of the Mosaic law. Since he assumed that Roman law (...) embodies principles of natural law, Calvin drew on Roman law as an aid in order to distinguish natural from positive law within the Mosaic law. He also broadened the scope of commandments in the second table of the Decalogue by comparison with natural and Roman law. Yet although Calvin drew many continuities between Mosaic and Roman laws, he remained critical of the Roman system due to various failings in comparison with Scripture and principles of natural law. (shrink)