Law and moral. An approach to parallelisms between Saint Thomas and Robert Alexy

Abstract

This article begins with a brief review of the ideas of Saint Thomas Aquinas regarding justice and law, assimilating these concepts to what is commonly known as "Natural Law". Then he recovers the relationships between reason, truth and law in Aquinian thought and, delving into the treatment of human law in the Summa Theologica, finds some similarities with the thought of Robert Alexy. To verify these similarities, Alexy's ideas on his natural law version of non-positivism and his search for non-contingent moral elements that can be included in Law are reviewed in broad strokes. The search for these elements leads to human rights and Alexy's attempts to objectively justify them. Some preliminary relationships between Aquinas' thought and Robert Alexy's ideas are found, as well as initial justifications for both positivism and inclusive non-positivism