The Immutability and the Non-Dispensability of Divine Law (Ius Divinum) In Thomistic Juridical Realism

Abstract

The article seeks to analyze two topics closely related to the essence of divine law (ius divinum), which can be examined separately, although they are deeply connected. These two aspects denote the basic traits of the ontological and conceptual identity of divine law: its immutability and its non-dispensability, where the immutability of the ius divinum denotes a presupposition of its non-dispensability. The approach to the analysis of these themes will correspond to the characteristic examination of the basic themes of the philosophy of law and the foundations of law and rights in the Church. Throughout the text, continuous reference will be made to the realistic-Thomistic tradition of reflection on the essence of the ius in general and on the way of understanding the ius divinum in particular, especially as this tradition was understood and expounded in the texts of St. Thomas Aquinas.