DOCSLIB.ORG

Companion to the Commentary

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text

Load more

Companion to the Commentary J. BUDZISZEWSKI Contents The Commentary on Thomas Aquinas’s Treatise on Law is self-contained. However, this Companion to the Commentary offers additional resources and refl ections for those who wish to investigate further. First, extra commentary on selections from the Treatise on Law , Questions 100, 105, and 106, over and above what is provided in the Commentary itself; second, additional topics of discussion on Questions 90–97 as well as the selections from Questions 100, 105, and 106. I. Additional Commentary The Context of the Selections from Questions 98–108 1 Before Reading the Selections 4 Commentary on St. Thomas’s Prologue to Question 100: Of the Moral Precepts of the Old Law 6 Commentary on Question 100, Article 1: Whether All the Moral Precepts of the Old Law Belong to the Law of Nature? 12 Commentary on Question 100, Article 8: Whether the Precepts of the Decalogue Are Dispensable? 24 Commentary on St. Thomas’s Prologue to Question 105: Of the Reason for the Judicial Precepts 39 Commentary on Question 105, Article 1: Whether the Old Law Enjoined Fitting Precepts Concerning Rulers? 40 Commentary on St. Thomas’s Prologue to Question 106: Of the Law of the Gospel, Called the New Law, Considered in Itself 60 iii iv Contents Commentary on Question 106, Article 1: Whether the New Law Is a Written Law? 62 II. ADDITIONAL TOPICS Explored LISTED IN BOLDFACE Question 90: 74 Refl ections on the Prologue to Questions 90–92 (of the essence of law): 74 The architecture of law 74 Refl ections on Article 1 (whether law is something pertaining to reason): 76 The “dialectical” movement of Question 90 76 Refl ections on Article 2 (whether the law is always something directed to the common good): 78 What is the common good, anyway? 78 Refl ections on Article 3 (whether the reason of any man is competent to make laws): 83 Do-it-yourself lawmaking 83 Refl ections on Article 4 (whether promulgation is essential to a law): 85 Secret laws, vague laws, and other failures of promulgation 85 Question 91: 90 Refl ections on the Prologue to Question 91 (of the various kinds of law): 90 Are these the only kinds of law there are? 90 Refl ections on Article 1 (whether there is an eternal law): 91 Does the eternal lawmaker really exist? 91 Refl ections on Article 2 (whether there is in us a natural law): 97 If the natural law is really natural, why bring God into it? 97 Refl ections on Article 3 (whether there is a human law): 99 Why not base human law on a social contract? 99 Refl ections on Article 4 (whether there was any need for a Divine law): 103 The relation between natural and Divine law 103 Refl ections on Article 5 (whether there is but one Divine law): 106 Revelation – says who? 106 Refl ections on Article 6 (whether there is a law in the fomes of sin): 108 The architecture of law, revisited 108 Question 92: 111 Refl ections on the Prologue to Question 92 (of the effects of law): 111 The elemental operations of law 111 Contents v Refl ections on Article 1 (whether an effect of law is to make men good): 112 Making men good 112 Refl ections on Article 2 (whether the acts of law are suitably assigned): 113 Is there anything law may not command? 113 Question 93: 116 Refl ections on the Prologue to Questions 93–108 (of the eternal law): 116 Eternal law, original justice, and original sin 116 Refl ections on Article 1 (whether the eternal law is a sovereign type existing in God): 119 God as the originator of reality; truth as correspondence with reality 119 Refl ections on Article 2 (whether the eternal law is known to all): 121 How the fi nite intellect knows what it knows 121 Refl ections on Article 3 (whether every law is derived from the eternal law): 123 Law and the “appearance of law” 123 Refl ections on Article 4 (whether necessary and eternal things are subject to the eternal law): 125 Could God have created a different nature? 125 Refl ections on Article 5 (whether natural contingents are subject to the eternal law): 129 Two ways of imposing order 129 Refl ections on Article 6 (whether all human affairs are subject to the eternal law): 131 The “inward motive principle” 131 The indestructibility of the good of nature 132 Question 94: 136 Refl ections on the Prologue to Question 94 (of the natural law): 136 The organization of Question 94 136 Natural laws and natural rights 136 Refl ections on Article 1 (whether the natural law is a habit): 141 Conscience, conscience, and conscience 141 Refl ections on Article 2 (whether the natural law contains several precepts, or only one): 144 The natural inclinations 144 The ruling and subordinate powers of the soul 146 Refl ections on Article 3 (whether all acts of virtue are prescribed by the natural law): 149 Just be reasonable? 149 So-called virtue ethics 151 vi Contents Refl ections on Article 4 (whether the natural law is the same in all men): 152 The problem of common ground 152 Are natural rights more “evident” than natural duties? 154 The case of the German tribes: Is it possible not to know that theft is wrong? 155 Refl ections on Article 5 (whether the natural law can be changed): 159 Inventions, innovations, and nature 159 The problem of slavery 160 Refl ections on Article 6 (whether the law of nature can be abolished from the heart of man): 166 Do even sociopaths and psychopaths know the natural law? 166 Is every apparent case of moral ignorance a real one? 169 Question 95: 171 Refl ections on the Prologue to Question 95 (of human law): 171 Are we co-legislators with God? 171 Refl ections on Article 1 (whether it was useful for laws to be framed by men): 172 The futility of anarchism 172 Refl ections on Article 2 (whether every human law is derived from the natural law): 173 Discerning the reasons for the laws 173 Refl ections on Article 3 (whether Isidore’s description of the quality of positive law is appropriate): 176 Rationality is not the same as rationalism 176 Refl ections on Article 4 (whether Isidore’s division of human laws is appropriate): 177 Why does classifi cation matter? 177 Question 96: 179 Refl ections on the Prologue to Question 96 (of the power of human law): 179 Why just these questions? 179 Refl ections on Article 1 (whether human law should be framed for the community rather than for the individual): 180 Legal “privileges” 180 Refl ections on Article 2 (whether it belongs to the human law to repress all vices): 181 What counts as harm to others? 181 The need and the burden of prudence 183 Refl ections on Article 3 (whether human law prescribes acts of all the virtues): 186 Shared private goods 186 Contents vii The problem of toleration 187 Refl ections on Article 4 (whether human law binds a man in conscience): 189 Conscience, conscience, and conscience, revisited 189 Inviolability of conscience 190 Conscientious disobedience to unjust laws 192 Conscientious resistance to unjust governments 195 Are there specifi c “rights of conscience”? 198 Refl ections on Article 5 (whether all are subject to the law): 201 Legal “privileges,” revisited 201 Refl ections on Article 6 (whether he who is under a law may act beside the letter of the law): 204 More diffi cult examples 204 Equality of justice 208 Question 97: 210 Refl ections on the Prologue to Question 97 (of change in laws): 210 Why not skip Article 1? 210 Refl ections on Article 1 (whether human laws should be changed in any way): 210 Shielding laws from change 210 Refl ections on Article 2 (whether human law should always be changed, whenever something better occurs): 214 Prototype of a radical reformer 214 Refl ections on Article 3 (whether custom can obtain force of law): 216 The continuing vitality of St. Thomas’s view of custom 216 Refl ections on Article 4 (whether the rulers of the people can dispense from human laws): 218 The use and abuse of dispensation 218 Question 100: 221 Refl ections on the Prologue to Question 100 (of the moral precepts of the Old Law): 221 The moral architecture of the Old Law 221 The Two Great Commandments 221 The Decalogue 222 The rest of the moral precepts 224 Refl ections on Article 1 (whether all the moral precepts of the Old Law belong to the law of nature): 225 Does what holds for the Old Law hold for the New Law too? 225 Why is Divine instruction needed? 226 Refl ections on Article 8 (whether the precepts of the Decalogue are dispensable): 227 viii Contents False diffi culties 228 Real diffi culties 229 Question 105: 232 Refl ections on the Prologue to Question 105 (of the reason for the judicial precepts): 232 Why Article 1 is important even for secular readers 232 Refl ections on Article 1 (whether the old law enjoined fi tting precepts concerning rulers): 233 What St. Thomas really means by kingship 233 Background on the peril of tyranny 235 Question 106: 236 Refl ections on the Prologue to Question 106 (of the law of the gospel, called the New Law, considered in itself): 236 The relevance of the gospel to philosophy 236 Refl ections on Article 1 (whether the New Law is a written law): 237 The relation between nature and grace 237 Implications of St.
Recommended publications
  • Supreme Court of the United States ————

    Supreme Court of the United States ————

    No. 18-893 IN THE Supreme Court of the United States ———— WEST VIRGINIA HOUSE OF DELEGATES, Petitioner, v. STATE OF WEST VIRGINIA ex rel. MARGARET L. WORKMAN, MITCH CARMICHAEL, President of the West Virginia Senate; DONNA J. BOLEY, President Pro Tempore of the West Virginia Senate; RYAN FERNS, Majority Leader of the West Virginia Senate; LEE CASSIS, Clerk of the West Virginia Senate; and the WEST VIRGINIA SENATE, Respondents. ———— On Petition for a Writ of Certiorari to the Supreme Court of Appeals of West Virginia ———— REPLY BRIEF IN SUPPORT OF PETITION FOR A WRIT OF CERTIORARI ———— MARK A. CARTER Counsel of Record DINSMORE & SHOHL LLP 707 Virginia Street, East Chase Tower, Suite 1300 Charleston, WV 25301 (304) 357-0900 [email protected] Counsel for Petitioner June 6, 2019 WILSON-EPES PRINTING CO., INC. – (202) 789-0096 – WASHINGTON, D. C. 20002 TABLE OF CONTENTS Page TABLE OF AUTHORITIES ................................ ii ARGUMENT ........................................................ 1 I. THIS COURT SHOULD CONSIDER PETITIONER’S GUARANTEE CLAUSE ARGUMENT ............................................. 1 II. THIS COURT HAS JURISDICTION PURSUANT TO 28 U.S.C. § 1257 TO ISSUE A WRIT OF CERTIORARI .......... 7 CONCLUSION .................................................... 12 (i) ii TABLE OF AUTHORITIES CASES Page(s) Baker v. Carr, 369 U.S. 186 (1962) ................................... 5, 6 Boyd v. Nebraska, 143 U.S. 135 (1892) ................................... 6 Carmichael v. Workman, No. 18-1189 (March 11, 2019) .................. 10, 11 Izumi v. U.S. Phillips Corp., 510 U.S. 27 (1993) ....................................passim Luther v. Borden, 48 U.S. (7 How.) 1 (1849) .......................... 5 Mecham v. Gordon, 751 P.2d 957 (1988) .................................. 3 Nixon v. United States, 506 U.S.
  • Spencer Sunshine*

    Spencer Sunshine*

    Journal of Social Justice, Vol. 9, 2019 (© 2019) ISSN: 2164-7100 Looking Left at Antisemitism Spencer Sunshine* The question of antisemitism inside of the Left—referred to as “left antisemitism”—is a stubborn and persistent problem. And while the Right exaggerates both its depth and scope, the Left has repeatedly refused to face the issue. It is entangled in scandals about antisemitism at an increasing rate. On the Western Left, some antisemitism manifests in the form of conspiracy theories, but there is also a hegemonic refusal to acknowledge antisemitism’s existence and presence. This, in turn, is part of a larger refusal to deal with Jewish issues in general, or to engage with the Jewish community as a real entity. Debates around left antisemitism have risen in tandem with the spread of anti-Zionism inside of the Left, especially since the Second Intifada. Anti-Zionism is not, by itself, antisemitism. One can call for the Right of Return, as well as dissolving Israel as a Jewish state, without being antisemitic. But there is a Venn diagram between anti- Zionism and antisemitism, and the overlap is both significant and has many shades of grey to it. One of the main reasons the Left can’t acknowledge problems with antisemitism is that Jews persistently trouble categories, and the Left would have to rethink many things—including how it approaches anti- imperialism, nationalism of the oppressed, anti-Zionism, identity politics, populism, conspiracy theories, and critiques of finance capital—if it was to truly struggle with the question. The Left understands that white supremacy isn’t just the Ku Klux Klan and neo-Nazis, but that it is part of the fabric of society, and there is no shortcut to unstitching it.
  • Forms of Government (World General Knowledge)

    Forms of Government (World General Knowledge)

    Forms of Government (World General Knowledge) Anarchism A system that advocates self-governed societies based on voluntary institutions. These are often described as stateless societies, although several authors have defined them more specifically as institutions based on non-hierarchical or free associations. Anarchism holds the state to be undesirable, unnecessary, and/or harmful. Anarchy A society without a publicly enforced government or political authority. Sometimes said to be non-governance; it is a structure which strives for non-hierarchical, voluntary associations among agents. Anarchy is a situation where there is no state. Autocracy Autocracy is a system of government in which supreme power (social and political) is concentrated in the hands of one person or polity, whose decisions are subject to neither external legal restraints nor regularized mechanisms of popular control Aristocracy Rule by the nobility; a system of governance where political power is in the hands of a small class of privileged individuals who claim a higher birth than the rest of society. Anocracy A regime type where power is not vested in public institutions (as in a normal democracy) but spread amongst elite groups who are constantly competing with each other for power. Adhocracy Rule by a government based on relatively disorganised principles and institutions as compared to a bureaucracy, its exact opposite. Absolute monarchy A traditional and historical system where the monarch exercises ultimate governing Downloaded from www.csstimes.pk | 1 Forms of Government (World General Knowledge) authority as head of state and head of government. Many nations of Europe during the Middle Ages were absolute monarchies.
  • Philosophy and Humanities

    Philosophy and Humanities

    Philosophy and Humanities LT 502 - Elementary Latin II (3) Students advance to the more complex syntax and irregular morphology of classical Latin as well as to the rudiments of rhetorical stylistics. Tools of historical linguistics are introduced so that students can master the changes in orthography that occur to the language between the classical and medieval period. PH 512 - Medieval Philosophy (3) In this course students will read important philosophic works by medieval authors as well as some historical and critical studies by more recent writers. St. Thomas Aquinas will receive special attention. The aim will be to bring medieval philosophers to light and to see the continuing relevance of the issues they raised and the answers they proposed. PH 514 - Recent Philosophy (3) This course appraises the various intellectual developments that emerged in the nineteenth and twentieth centuries – an era that has been marked by a declining confidence in achievements of systematic achievements of philosophical reasoning. It begins with a careful overview of Hegel’s Phenomenology of Spirit, perhaps one of the last works in the Western canon to offer a synoptic overview of human experience and knowledge. Though generally rejected in its scope and organization, a number of its chapters have served as the basis of some of the particular problems that have drawn the attention of later thinkers. Thus, this course proceeds with the study of various philosophical movements of later modernity which include: Existentialism, Phenomenology, Analytical Philosophy, Hermeneutics, Deconstructionism, Pragmatism. Concluding the historical survey of Western philosophy, it considers many of the same topics of inquiry, but does so, as the previous three historical courses, in the light of the various cultural and scientific factors that determine its context.
  • Catholicism and the Natural Law: a Response to Four Misunderstandings

    Catholicism and the Natural Law: a Response to Four Misunderstandings

    religions Article Catholicism and the Natural Law: A Response to Four Misunderstandings Francis J. Beckwith Department of Philosophy, Baylor University, Waco, TX 76710, USA; [email protected] Abstract: This article responds to four criticisms of the Catholic view of natural law: (1) it commits the naturalistic fallacy, (2) it makes divine revelation unnecessary, (3) it implausibly claims to establish a shared universal set of moral beliefs, and (4) it disregards the noetic effects of sin. Relying largely on the Church’s most important theologian on the natural law, St. Thomas Aquinas, the author argues that each criticism rests on a misunderstanding of the Catholic view. To accomplish this end, the author first introduces the reader to the natural law by way of an illustration he calls the “the ten (bogus) rules.” He then presents Aquinas’ primary precepts of the natural law and shows how our rejection of the ten bogus rules ultimately relies on these precepts (and inferences from them). In the second half of the article, he responds directly to each of the four criticisms. Keywords: Catholicism; natural law theory; Aquinas; naturalistic fallacy The purpose of this article is to respond to several misunderstandings of the Catholic view of the natural law. I begin with a brief account of the natural law, relying primarily on the work of St. Thomas Aquinas, the Church’s most important theologian on this subject. Citation: Beckwith, Francis J.. 2021. I then move on and offer replies to four criticisms of the natural law that I argue rest on Catholicism and the Natural Law: A misunderstandings: (1) the natural law commits the so-called “naturalistic fallacy,” (2) the Response to Four Misunderstandings.
  • Social Order Without the State: the Case of Somalia

    Social Order Without the State: the Case of Somalia

    Social Order without the State: The Case of Somalia Jason P. Sorens and Leonard Wantchekon1 Department of Political Science, Yale University Abstract Somalia provides social scientists with an interesting natural exper- iment to test the conditions under which order can be provided in a decentralized setting. We find that the northern regions of Somalia have maintained peace, while the southern area, especially around the capital Mogadishu, remains strife-torn. We offer three hypothe- ses to explain this difference: 1) the availability of rents to the war- lords and the impossibility of sharing them; 2) the ability of warlords to externalize the costs of their operations onto civilian populations; 3) the differential effects of the colonial legacy on traditional institu- tions in north and south. Social Order without the State: The Case of Somalia Introduction Over the past fifteen to twenty years political scientists have debated the extent to which cooperation can arise spontaneously in decentralized settings. Following findings in game theory2 that cooperation can arise spontaneously among players in the iterated Prisoner’s Dilemma game and experimental evi- dence from the social and natural sciences that such cooperation often arises, political scientists sought to apply the new thinking to political problems. Ostrom (1990) found that decentralized cooperation for the provision of public goods was possible in the absence of the state and without privatization of those goods. Taylor (1987) argued that the new findings lead to the conclusion that the state is unnecessary even for the provision of social order. Milgrom, North, and Weingast (1990) discovered that the evolution of a merchant law solved Prisoner’s Dilemma problems between buyers and sellers at medieval fairs.
  • The WTO Appellate Body at 30: Exploring the Limits of WTO Dispute Settlement in the Next Decade

    The WTO Appellate Body at 30: Exploring the Limits of WTO Dispute Settlement in the Next Decade

    TheE15Initiative STRENGTHENING THE GLOBAL TRADE AND INVESTMENT SYSTEM FOR SUSTAINABLE DEVELOPMENT The WTO Appellate Body at 30: Exploring the Limits of WTO Dispute Settlement in the Next Decade May 2016 Alan Wolff E15 Conversations on the Global Trade and Investment Architecture Think Piece ACKNOWLEDGMENTS Published by International Centre for Trade and Sustainable Development (ICTSD) 7 Chemin de Balexert, 1219 Geneva, Switzerland Tel: +41 22 917 8492 – E-mail: [email protected] – Website: www.ictsd.org Publisher and Chief Executive: Ricardo Meléndez-Ortiz World Economic Forum 91-93 route de la Capite, 1223 Cologny/Geneva, Switzerland Tel: +41 22 869 1212 – E-mail: [email protected] – Website: www.weforum.org Co-Publisher and Managing Director: Richard Samans Acknowledgments This paper has been produced under the E15Initiative (E15). Implemented jointly by the International Centre for Trade and Sustainable Development (ICTSD) and the World Economic Forum, the E15 was established to convene world-class experts and institutions to generate strategic analysis and recommendations for government, business, and civil society geared towards strengthening the global trade and investment system for sustainable development. For more information on the E15, please visit www.e15initiative.org/ Alan Wm. Wolff is Senior Counsel at Dentons LLP. Note from the author: Bruce Wilson, former WTO Director of Legal Affairs and Rufus Yerxa, former WTO Deputy Director General, co-editors of the Key Issues in WTO Dispute Settlement: The First Ten Years; as well as Amy Porges, a source of great experience and wisdom on WTO dispute settlement and a drafter of the Analytical Index to the GATT, were good enough to read over a draft of this paper and give me their reactions and suggestions.
  • Religion and Justice

    Religion and Justice

    Religion and Justice Edited by Ronald A. Simkins and Zachary B. Smith Religion and Justice in the Church Courts of the Church of Jesus Christ of Latter-Day Saints in the Nineteenth Century Richard Collin Mangrum, Creighton University Abstract The Church of Jesus Christ of Latter-day Saints relied on their church court system for seeking “justice” or the cause of Zion throughout the nineteenth century for a variety of practical and theological reasons. First, the Saints believed that Isaiah’s cause of Zion transcended the more limited purposes of the corrupt civil state. Second, the Saints had become alienated from the secular legal system by what they perceived were injustices they had received at the hands of the existing state authority. Third, the priesthood eschewed the corrupt and costly influence of they described as “gentile” lawyers. Fourth, church leadership reviled against the divisive influence of litigation before the ungodly. Fifth, civil courts relied upon man-made laws that were ill suited for building the Kingdom of God. A sampling of ecclesiastical court cases demonstrates each of the above reasons why the Church of Jesus Christ of Latter-day Saints preserved the exclusive jurisdiction requirement for their Church Courts for most of the nineteenth century. 226 Religion and Justice Keywords: LDS Ecclesiastical Courts Introduction The early prophets of the Church of Jesus Christ of Latter-day Saints, a restoration church (hereafter the Church),1 aspired not only to restore what they considered as true Christianity and its priesthood, but also radically to restore the covenant community of ancient Israel, including its religious court system relied upon by Israel during the reign of the judges.
  • Justice Scalia: Tenured Fox in the Democratic Hen-House? Jane Marriott

    Justice Scalia: Tenured Fox in the Democratic Hen-House? Jane Marriott

    British Journal of British Journal of American Legal Studies | Volume 6 Issue 1 6 Issue Legal Studies | Volume British Journal of American American Legal Studies Volume 6 Issue 1 Spring 2017 SPECIAL ISSUE: IN MEMORY OF JUSTICE ANTONIN SCALIA (1936-2016) ARTICLES Introduction Jess Bravin Justices as “Sacred Symbols”: Antonin Scalia and the Cultural Life of the Law Brian Christopher Jones & Austin Sarat One of My Favorite Judges: Constitutional Interpretation, Democracy and Antonin Scalia James Allan Justice Scalia: Tenured Fox in the Democratic Hen-House? Jane Marriott The Sexual Orientation Cases Ian Loveland Scalia’s Legacy: Originalism and Change in the Law of Standing James E. Pfander Missed Opportunities, Good Intentions: The Takings Decisions of Justice Antonin Scalia Richard A. Epstein Postscript: Textualism and Judicial Authority Jeremy Waldron ISSN 2049-4092 (Print) British Journal of American Legal Studies Editor-in-Chief: Dr Anne Richardson Oakes, Birmingham City University. Associate Editors Dr. Sarah Cooper, Birmingham City University. Dr. Haydn Davies, Birmingham City University. Ilaria Di Gioia, Birmingham City University. Prof. Julian Killingley, Birmingham City University. Prof. Jon Yorke, Birmingham City University. Seth Barrett Tillman, National University of Ireland, Maynooth. Special Issue Editor Spring 2017 Dr. Brian Christopher Jones Birmingham City University Student Editorial Assistants 2016-2017 Mercedes Cooling Ryan Dean Jezamine Hartland Barbara Marcinkowska Graduate Editorial Assistants 2016-2017 Daniel Gough Amna Nazir Alice Storey Editorial Board Hon. Joseph A. Greenaway Jr., Circuit Judge 3rd Circuit, U.S. Court of Appeals. Hon. Raymond J. McKoski, Circuit Judge (retired), 19th Judicial Circuit Court, IL. Adjunct Professor of Law, The John Marshall Law School, Chicago, IL.
  • Hymns and Poems, Original and Translated

    Hymns and Poems, Original and Translated

    SOLD HY Thomas Baker HYMNS &> POEMS HYMNS e- POEMS ORIGINAL ^ TRANSLATED BY EDWARD CASWALL Of the Oratory A NEW EDITION WITH A BIOGRAPHICAL PREFACE BY EDWARD BELLASIS Lancaster Herald Francis J. Schunk LONDON BURNS AND GATES 28 Orchard Street W 1908 Letchtvorth: tAt the tArden Tress BIOGRAPHICAL NOTE ON THE REV. EDWARD CASWALL THE REVEREND EDWARD CASWALL was the fourth son of the Reverend Robert Clarke Caswall, B.C.L., of Oxford University (BaUiol and St John's Colleges), Vicar of Yately, Hants, and grandson of the Reverend John Caswall of Swalcliffe, CO. Oxford. His mother was Mary Burgess, niece of Dr Burgess, Bishop of St David's, afterwards of Salisbury, a learned divine of the Established Church of England. The Caswalls came from Leominster, in Herefordshire. Two of them, Sir George Caswall and his son John, were representatives in Parliament for that borough; while the Reverend John Caswall's grandfather, the said Sir George Caswall, M.P., was summoned to the Bar of the House of Commons in 1720, in connexion with the affair of the South Sea Company, or " Bubble," as it was called.* Edward Caswall was born on St Swiihin'sday, July 15, 1 8 14, at Yately, and was one of nine children. His eldest brother, the Reverend Henry Caswall, some time Vicar of Figheldean, Wilts, and prebendary of Salis- * For considerable portions of this sketch, a rough autobiographical summary of his life (occasionally quoted), written by Father Caswall's own hand, April 23, 1864, has been laid under contribution. 6 BIOGRAPHICAL NOTE ON bury, became well known in 1842-3 as the author of 7he City of the Mormons and l^he Prophet of the Nine- teenth Century.
  • Reception of Josquin's Missa Pange

    Reception of Josquin's Missa Pange

    THE BODY OF CHRIST DIVIDED: RECEPTION OF JOSQUIN’S MISSA PANGE LINGUA IN REFORMATION GERMANY by ALANNA VICTORIA ROPCHOCK Submitted in partial fulfillment of the requirements For the degree of Doctor of Philosophy Dissertation Advisor: Dr. David J. Rothenberg Department of Music CASE WESTERN RESERVE UNIVERSITY May, 2015 CASE WESTERN RESERVE UNIVERSITY SCHOOL OF GRADUATE STUDIES We hereby approve the thesis/dissertation of Alanna Ropchock candidate for the Doctor of Philosophy degree*. Committee Chair: Dr. David J. Rothenberg Committee Member: Dr. L. Peter Bennett Committee Member: Dr. Susan McClary Committee Member: Dr. Catherine Scallen Date of Defense: March 6, 2015 *We also certify that written approval has been obtained for any proprietary material contained therein. TABLE OF CONTENTS List of Tables ........................................................................................................... i List of Figures .......................................................................................................... ii Primary Sources and Library Sigla ........................................................................... iii Other Abbreviations .................................................................................................. iv Acknowledgements ................................................................................................... v Abstract ..................................................................................................................... vii Introduction: A Catholic
  • Religion As a Virtue: Thomas Aquinas on Worship Through Justice, Law

    Religion As a Virtue: Thomas Aquinas on Worship Through Justice, Law

    RELIGION AS A VIRTUE: THOMAS AQUINAS ON WORSHIP THROUGH JUSTICE, LAW, AND CHARITY Submitted by Robert Jared Staudt A Dissertation Presented in Partial Fulfillment of the Requirements for the Degree Doctorate in Theology Director: Dr. Matthew Levering Ave Maria University 2008 1 TABLE OF CONTENTS INTRODUCTION CHAPTER ONE: THE CLASSICAL AND PATRISTIC TRADITION CHAPTER TWO: THE MEDIEVAL CONTEXT CHAPTER THREE: WORSHIP IN THE WORKS OF ST. THOMAS AQUINAS CHAPTER FOUR: JUSTICE AS ORDER TO GOD CHAPTER FIVE: GOD’S ASSISTANCE THROUGH LAW CHAPTER SIX: TRUE WORSHIP IN CHRIST CONCLUSION BIBLIOGRAPHY ABBREVIATIONS 2 INTRODUCTION Aquinas refers to religion as virtue. What is the significance of such a claim? Georges Cottier indicates that “to speak today of religion as a virtue does not come across immediately as the common sense of the term.”1 He makes a contrast between a sociological or psychological evaluation of religion, which treats it as “a religious sentiment,” and one which strives for truth.2 The context for the second evaluation entails both an anthropological and Theistic context as the two meet within the realm of the moral life. Ultimately, the study of religion as virtue within the moral life must be theological since it seeks to under “the true end of humanity” and “its historic condition, marked by original sin and the gift of grace.”3 Aquinas places religion within the context of a moral relation to God, as a response to God’s initiative through Creation and 4 Redemption. 1 Georges Cardinal Cottier. “La vertu de religion.” Revue Thomiste (jan-juin 2006): 335. 2 Joseph Bobik also distinguished between different approaches to the study of religion, particularly theological, philosophical, and scientific, all of which would give different answers to the question “what is religion?.” Veritas Divina: Aquinas on Divine Truth: Some Philosophy of Religion.