神圣与世俗的平衡——托马斯“法的秩序”解析

Balance between Sanctity and Secularity:On Thomas' Theory of Law's Order

托马斯对法的本质、法的类型的论断,为其"法的秩序"论奠定基础。托马斯以神圣与世俗两个维度、以分有和类比两个方法建构其法哲学思想,分立而又平衡圣俗,调和信仰与理性,以上帝为基准,为宇宙及人类社会确立以永恒法为形上顶端、以自然法为中枢、以人法为形下末端的"法的秩序"。

Thomas＇ thesis of lawns essence and variety laid foundation for his theory of Law＇s Or- der. He established his thought on the philosophy of law by using two dimensions of sanctity and secularity and two methods of participation and analogy. In his argument he discriminated and bal- anced sanctity and secularity and reconciled faith and reason. Based on the God, he tried to con- struct for the universe and human society the Law＇s Order with the Eternal Law on the top,the natural law as the centre and the human law at the bottom.