Koncepcja prawa naturalnego i stanowionego w ujęciu św. Augustyna z Hippony. Refleksja filozoficzna, prawna i społeczna

Abstract

St Augustine’s thought in the matter of natural and constituted law is current also nowadays. It is regarding not only Christian philosophy, where it finds is continuation, but also public and legal life. For Augustine, and behind him philosophical and political Christian thought, thought that the philosopher isn’t creating the truth but is discovering it. Thus the individual and social morality should be based on God’s law and following out of it natural law. And so the constituted law must consider norms of natural law, otherwise is becoming unfair and is losing its power of being in force. The African marks out three categories of law: eternal God’s law (lex aeterna, lex Dei), natural law (lex naturalis) and finally temporal law (lex temporalis). Normative order of human community should be a hierarchical order which would arrange human rights for them to reflect rules of the God’s wisdom. Lex temporalis, provided it is matching natural law, is embodying the seriousness of the God’s law so to speak. It is written down for the maintenance of society in the discipline and on it is being based agreement of citizens in ordering and listening. A help in creating the society and dividing and managing worldly goods are its purpose. Moreover it is supposed to serve the earthly peace and the common good, to protect citizens and to realize principles of the social justice.