Human Rights Theory Rooted in the Writings of Thomas Aquinas Anthony J. Lisska: It should be noted, however, that recent scholarly debate hovers over whether this Salamanca school illustrated a retrieval of the Aristotelian/Aquinian conception of objective right, or whether this group of scholastic philosophers continued with the nominalist and voluntarist subjectivism attributed to the fourteenth century Franciscan philosophers from the time of Duns Scotus and William of Ockham. Recent scholarship suggests that the importance of the Second Scholasticism School at Salamanca is not easily placed into either the category of subjective or objective rights. As Annabel Brett once wrote: “(The) doctrine of rights ... (and) ... the achievements within political theory in general of the School of Salamanca cannot be fully understood without an appreciation of the complexity of the late medieval heritage of jus.”[24] In discussing Aquinas’s analysis of jus, Michel Villey and Ralph McInerny argued that Aquinas's account of jus should be understood within the context of Roman law and not in the context of modern rights theory.[25]
Human Rights Theory Rooted in the Writings of Thomas Aquinas Anthony J. Lisska: It should be noted, however, that recent scholarly debate hovers over whether this Salamanca school illustrated a retrieval of the Aristotelian/Aquinian conception of objective right, or whether this group of scholastic philosophers continued with the nominalist and voluntarist subjectivism attributed to the fourteenth century Franciscan philosophers from the time of Duns Scotus and William of Ockham. Recent scholarship suggests that the importance of the Second Scholasticism School at Salamanca is not easily placed into either the category of subjective or objective rights. As Annabel Brett once wrote: “(The) doctrine of rights ... (and) ... the achievements within political theory in general of the School of Salamanca cannot be fully understood without an appreciation of the complexity of the late medieval heritage of jus.”[24] In discussing Aquinas’s analysis of jus, Michel Villey and Ralph McInerny argued that Aquinas's account of jus should be understood within the context of Roman law and not in the context of modern rights theory.[25]
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