REV - Persona y Derecho - Vol. 1-10

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    Textos inéditos de la escuela de Salamanca
    (Servicio de Publicaciones de la Universidad de Navarra, 1983) Sarmiento, A. (Augusto)
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    ¿Leninismo o marxismo? y la revolución rusa R. Luxemburg
    (Servicio de Publicaciones de la Universidad de Navarra, 1978) Redondo, G. (Gonzalo)
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    Una visión cristiana de la conciencia
    (Servicio de Publicaciones de la Universidad de Navarra, 1978) Morales, J. (José)
    The doctrine of Conscience occupies a central place in the life and works of John Henry Newman. It is a doctrine which constantly appears in his writings, which had already been exposed in nuce in his Anglican years, and which gradually undergoes a harmonious and enriching development, free from contradictions and ruptures. Conscience, for Newman, is that interior and irreducible sense which the human spirit possesses in order to capture ethical and religious values. It manifests itself in practical judgments which either order or prohibit. What Newman tells us about Conscience is a result of his own personal meditation concerning this point; it is therefore a teaching that has been matured over a large number of years, and so is rich in interior lucidity, profoundness and docility. It is a doctrine which was shaped with the help of God, who has to be sought and heralded by the same. 80th subjectivity and transcendence are to be found in man's Conscience. This is a fact that always will be recognized by all Christians and, indeed, all men of good will. In spite of the refraction which it undergoes upon entering into the interior and intimate domain of every individual, Natural Law informs the individual Conscience surrounding the law and manners of God. Newman personalism accuses a strong theocentrical character. He points out, forcefully, the fact that God and man's Conscience are not competitors; on the contrary, the true life of the Conscience can be preserved by God only. Newman, an excellent interpreter of Occidental sensibility, does not reject a true Christian vis ion of God, man, and the world. «Freedom of Conscience» and -free examination. in fact claim a riqht to do without Conscience. They constitute the battle cry of a radical anthropological postulate which is full of fatal consequences. Newman's doctrine, on the other hand, can be coordinated with that of any private judgment that maintains a wide margin of legitimate and necessary exercise with regard to the religious order. Newman disqualifies freedom of examination and reccommends, rather, personal activities and initiatives which seek truth and are always ready to build, with the help of God, the seeker's own personal destiny. Conscience is not, then, a screen placed between God and personal reality. It is called upon to unite the divine and human realms and not to separate these two domains. It is therefore a vehicle of Grace, not a pretext to resist God. Newman has anticipated many topics, making him a pioneer with regard to the sensibility which is manifested in sorne aspects of Vatican Council 11. He formulated, at the same time, sorne principies that help us understand the functions of the Magisterium of the Church whenever it interprets Natural Law. He puts forth, in a word, solid reasons in favour of a dialogue between the Church and Christians on the one hand, and civil legislation on the other, with reference to topics such as the defense of life, indiividual rights, religion, and the marriage bond.
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    Los términos "bonum ordinis" y la "bonum moris" y la noción de moralidad estudio en Santo Tomás
    (Servicio de Publicaciones de la Universidad de Navarra, 1978) Sarmiento, A. (Augusto); Malvar, J. (Joaquim)
    This study constitutes a contribution to the metaphysical fundamentation of the moral order. The chapter dealing with «The Notion of Creation and the Metaphysical Situation of Created Beingo lays down the metaphysical basis for the study of the terms bonum ordinis -good of order- and bonum moris -moral good. The chapter on «The Causeof the Order in the Universeo offers the point of departure for passing away from the object of Metaphysics towards that of Morals. It is interesting to find out what constitutes the cause of the order found in the Universe and which can be captured in a first appreciation of reality as being multiple and ordained: a unit of order which calls for an investigation of its cause and a reduction of its real multiplicity to the unit level. From this, there derives the necessity of distinguishing between the predicamental and transcendental levels, and al so the introduction of the concept of participation and of its logical vision, the analogia entis. In this manner, we reach the problem of Being and of beings, of transcendental causality and of the presence of Being in the nature of beings -« The Founding Presence of Godo. From the fullness of perfection found in God as Pure Act of Being, we can deduce explicit notions of the being and manner of operating of God which are present in all posterior developments of the present work, for example, good of order, divine government, etc. By this way only is it possible for us to give the notion of morality a sound and sol id metaphysical basis. The chapter devoted to .God and the Created Universe» permits us to affirm that the formal constitutive element of morality is to be found in the ordaining or relating of human acts towards man's ultimate end. Now, morality is to be found to be metaphysical because of its formal object, insofar as it studies an aspect of the being as such, the good, which entails an ordination towards that end -«Being and Perfection»- which constitutes the bonum ordinis. For this reason, the passing from being as such to being as good, and of the ordo rerum to ordo ad bonum, has a real metaphysical basis. The ordo ad bonum is, as a consequence, ordinatio in Deum as a result of creation. The ordinatio in finem is a necessary relation found in creatures and in the divine creative action -given the free wll of God to create. It is based upon the esse and has for its subject the supposed subsistent. It is an esse a Deo and ad Deum, since the Final Cause is the very first of all causes. The Final Cause -the ultimate end- is the principie of all order, including the moral order. This is so because God gave their being to all creatures with order, according to the plan sketched out in His Divine Providence -eternal law- and conducts them towards their end through the execution of His plan -divine government- and wanted to count with the rational creature, making him partial to the eternal law and to the divine government in a different manner than that of irrational creatures. The moral natural law is that participation of the eternal law in man which can be known by way of natural reason and which can be wished by free will. In this manner, man participates in the divine government and is capable of governing himself as well as others, of carrying out the divine order wished by God, wanting what God Himself wants and in the same manner in which He wants it. He can give to the good of order a new dimension: the moral dimensiono The first basis, therefore, of the moral order is Godo The objective basis of morality is the ordaining of everything to Godo But its subjective basis is created freedom: thanks to it, man is capable of ordaining himself, on his own, to Godo The ordaining to God is a good, a participation in the eternal law which in man acquires a moral dimension, the moral goodo The moral order is the divine order found in the rational creatureo The moral law is universal, objective, immutable and inherent to man: it has been given to him in agreement with his own nature, with his proper mode of being -rational being- and his own mode of being ordained to Godo And, as a consequence, man's freedom is not the cause of his ordaining to God, nor its measure, but rather is created according to the eternal law of Godo To say that the constitutive element of morality is to be found in the good of order is to refer to to good of order in man, because the constitutive element or essence of morality is rather to be found in that relation, ordinance, or proportion of human acts with regard to the endo This relation towards the end -that is, towards God- is a necessary accident, consequent to the divine creative actiono In human acts, however, that accident is put forth as a determination of the operation, as an intention of the end, or as an identification with the plan of Godo In order for that to happen -for man to attain through his own acts the fullness of goodness to which he is ordained- integrity is necessary in the three principies which are present in the mora lit y of all human acts: the object, the end, and the circumstanceso
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    El estado y la revolución J. Lenin
    (Servicio de Publicaciones de la Universidad de Navarra, 1976) Ocáriz, F. (Fernando)
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    La ley natural en Domingo de Soto
    (Servicio de Publicaciones de la Universidad de Navarra, 1975) Ramos-Lissón, D. (Domingo)
    At first glance, Domingo de Soto appears as an author who is included in a Thomistic line of thought. Understandably, however, we are not dealing with a mere commentator of questions treated by Aquinas, but rather with an author of treatises who undertakes the task of making a synthesis between the Thomistic legacy and the scientific problematic of his own epoch. This he accomplishes with great systematic coherence and precise exemplification. Soto affirms with priority the existence of natural law deriving from eternal law. He studies its notional classification fo"owing the procedure of the distinctions. Natural law, according to him, although not substantia"y a habit is to be found in us in the form of ahabit -as the ensemble of those things which have to be practised. It do es not appear that Soto was very interested in giving a definition of natural law. It is very probable that he accepted Saint Thomas' formulation, although there al so exists the possibility that Soto gives atrue definition -or at least a passing reference- when he writes: -Haec est lex naturalis: eorum scilicet principiorum quae absque discursu lumine naturali per se nota sunt •. (De iustitia et lure, 1, q. 3, a. 1; 1, p. 22). The content of natural law, according to our author, is as much configurated by those principies which are perceived by themselves (per se nota), as by those which are such for us (quoad nos). Soto al so studies the properties of natural law: universality, immutability and indispensability. But he also stands out -in our opinion- for the clarification which he makes with regard to the important and highly debated subject of indispensability, separating this property from the acts of free divine disposition, and placing it in a logical line of dependence upon immutability. In summary, Soto presents a very complete vision of natural law, without faIIing into jus naturae exagerations, nor limiting himself neither to the field of pure principies.
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    Presupuestos para una teoría económica de la población
    (Servicio de Publicaciones de la Universidad de Navarra, 1975) Saranyana, J.I. (Josep Ignasi)
    The subject of the relationship between economic deve/opment and popu/ation gravvth has frequently been treated -especially in the last two decades- from the point of view of value judgments which postulate a marked incompatibility between the two variables, in such a way that birth control appears to be justified. Myrdal, more than anyone perhaps, has formulated this pessimistic postulate in a very complete manner. Nelson has also followed this same line of reasoning, expressing in a highly technical manner the supposed dichotomy between the two variables in his well-known Theory 01 the Low-/eve/ Equilibrium Trap. In this paper, the starting principies of Myrdal's formulation are discussed at length, and Nelson's analyses -his doctrinal supports- are equally criticized. At the same time, basing himself in Keynes, the author offers an outline which purports to solve the stated problem. This implies, logically, a new axiomatic approach -which is very much in accordance with the results achieved by Sauvy, Livi, Gonnard, Hirschmann, and Hansen- according. to which true economic development is impossible without population growth. AII this presupposes -although It may seem paradoxical- the rediscovery of the fact that economics is meant to serve man and not viceversa.
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    La dignidad humana desde la perspectiva teológica
    (Servicio de Publicaciones de la Universidad de Navarra, 1983) Saranyana, J.I. (Josep Ignasi)
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    Ley y libertad según Lutero (análisis de las consecuencias antinomistas de un planteamiento teológico)
    (Servicio de Publicaciones de la Universidad de Navarra, 1980) Mateo-Seco, L.F. (Lucas F.)
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    Convivencia, verdad y sociedad pluralista
    (Servicio de Publicaciones de la Universidad de Navarra, 1980) Illanes, J.L. (José Luis)