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A determinatio is an authoritative determination by the legislator concerning the application of practical principles, that is not necessitated by deduction from natural[1] or divine law[2] but is based on the contingencies of practical judgement within the possibilities allowed by reason.[1] The concept derives from the legal philosophy of Thomas Aquinas,[3] and continues to be a part of discussions in natural law theory.[4]
In natural law jurisprudence, determinatio is the process of making natural law into positive law.[4]
In Catholic canon law, determinatio is the act by which natural law or divine positive law is made determinate in the canonical legal system as specific norms of law,[2] although the content of such law is still essentially that of divine law, which, together with canon law, forms "a single juridical system of law".[5]
- ^ a b Finnis, John. Aquinas, 266-271.
- ^ a b Hervada, Introduction, pg. 33
- ^ Natural Law Theories, Stanford Encyclopedia of Philosophy, accessed 23 March 2016
- ^ a b Waldron, Jeremy. Torture, Suicide, and Determinatio main page, Social Science Research Network. Accessed 22 March 2016.
- ^ Hervada, Introduction, pg. 34