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자료유형
학술저널
저자정보
저널정보
한국법학회 법학연구 法學硏究 第18輯
발행연도
2005.6
수록면
1 - 23 (23page)

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초록· 키워드

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Neo-Thomism is a twentieth century revival of the thought of Thomas Aquinas. Thomism had been the dominant philosophy undergirding Roman Catholic theology from the fifteenth century. Under the pace setting interpretations of such thinkers as Cajetan in the early sixteenth century a complex system which spoke to the needs of both theology and contemporary philosophical questions developed. Thomism appeared to have triumphed in 1880 when Pope Leo XIII declared it to be the official (though not exclusive) philosophy of Catholic schools.
However, at the same time it became clear that Thomism's posture was threatened by the increasing popularity of Kantian philosophical principles. In the twentieth century the movement bifurcated. Transcendental Thomism, represented by Joseph Marechal, Bernard Lonergan, and Karl Rahner, self consciously adapted itself to Kantian thought. But another wing, under the leadership of Etienne Gilson and Jacques Maritain, sought to recover a pure version of the teachings of Aquinas himself.
The metaphysical distinctive of neo Thomism may be found in its insistence on the maxim that "existence precedes essence." For that reason Maritain has claimed that Thomism is the original existentialism. Put simply, this means that one has to know that something exists before one knows what it is, and before one knows that something exists, one has to accept that anything exists. This latter conviction is not the result of a rational deduction; it is an immediate awareness. Thus the act of being, apprehended in a direct intuition, precedes its various modalities
Neo-Thomist who tried to overcome the inconsistence and limitations of law positivism accept the natural law as the principle of regulation of man. They tried to make it clear that the natural law is related to the reasoning power of man, and that man can find it in his real nature by means of his reasoning power.
Neo-Thomist also try to include the concrete natural law principles on the basis of the personality and society of man, and they accept the historicity of human nature in the natural law.
In Neo-Thomism, the purpose of law is common good and the ideology of law is righteouness and thus they think the purpose is one and the ideology is another being different from Positivists.

목차

Ⅰ. 글머리
Ⅱ. T. Aquunas의 법사상
Ⅲ. Neo-Thomism
Ⅳ. 맺는 말
參考文獻
ABSTRACT

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