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man made law wikipedia jump to content main menu main menu move to sidebar hide navigation main page contents current events random article about wikipedia contact us contribute help learn to edit community portal recent changes upload file special pages search search appearance donate create account log in personal tools donate create account log in contents move to sidebar hide top 1 philosophical concepts toggle philosophical concepts subsection 1 1 in hegelianism 1 2 in the writing of thomas aquinas 1 2 1 lex humana versus lex posita 2 historical change from lowest rank to supreme law 3 see also 4 references toggle references subsection 4 1 notes 4 2 sources used toggle the table of contents man made law 3 languages বাংলা فارسی українська edit links article talk english read edit view history tools tools move to sidebar hide actions read edit view history general what links here related changes upload file permanent link page information cite this page get shortened url switch to legacy parser print export download as pdf printable version in other projects wikidata item appearance move to sidebar hide from wikipedia the free encyclopedia law defined by humans man made law is law that is made by humans usually considered in opposition to concepts like natural law or divine law 1 the european and american conception of man made law has changed radically in the period from the middle ages to the present day in the thomistic view dominant in the medieval period man made law is the lowest form of law as a determinatio of natural law or divine positive law in the view dominant in the modern period man made law is thought of as primary because it is man made the soviet union went further not recognizing any such thing as divine or natural law in several islamic countries man made law is still considered to be subordinate to divine law philosophical concepts edit in hegelianism edit professor heinz mohnhaupt of the max planck institute for european history of law relates man made law to hegel s concept of rechtsgesetze or laws of right which hegel placed in opposition to the naturgesetz or laws of nature in the hegelian view according to mohnhaupt man made law is rechtsgesetze or at least a subset thereof its characteristics are that it is not absolute and is created by human beings above all for the regulation of their actions and behaviour but also for the ordering of things it has to be generally known and has to take into account both its anthropological determination and its chronological determination man made law is fluid changing over time in order to adapt to changing real world circumstances 1 in the writing of thomas aquinas edit main article treatise on law thomas aquinas expounded the concept of human law a distinct form of law alongside natural law and eternal law in summa theologica thomas asserted the primacy of natural law over man made law stating that where it is at variance with natural law it will not be a law but spoilt law st i ii q 95 a 2 the result of any such conflict is that the man made law does not oblige in the court of conscience st i ii q 95 a 4 2 3 since human law is a determinatio of divine or natural law and a lower law cannot contradict a higher law natural law theorists and others have thusly challenged many man made laws over the years on the grounds that they conflict with what the challengers assert to be natural or divine laws 3 lex humana versus lex posita edit see also positive law lex humana versus lex posita thomas aquinas himself conflated man made law lex humana and positive law lex posita or ius positiva 4 5 however there is a subtle distinction between them positive law regards law from the position of its legitimacy positive law is law by the will of whoever made it and thus there can equally be divine positive law as there is man made positive law more literally translated lex posita is posit ed rather than posit ive law in the summa contra gentiles thomas himself writes of divine positive law where he says si autem lex sit divinitus posita auctoritate divina dispensatio fieri potest if the law be divinely given dispensation can be granted by divine authority 6 and lex autem a deo posita est but the law was established by god 7 martin luther also acknowledged the idea of divine positive law as did juan de torquemada 8 the thomistic concept of man made law by contrast regards law from a different angle it treats it from the position of its origins lex humana or sometimes lex humanitus posita as is the case throughout st q 95 but sometimes rather lex ab hominibus inventa as is the case in st q 91 3 is law made by man rather than made by the divine lex divina what is important about lex humana is not that it is posited by someone but that the someone who posits it is human rather than divine 9 historical change from lowest rank to supreme law edit the european and american conception of man made law has changed radically in the period from the middle ages to the present day 10 in the thomist view of the middle ages man made law was the lowest form of law above it were the lex naturalis the lex divina and the lex aeterna man made law only had authority in as much as it expressed and concurred with higher laws 11 12 over the centuries this idea has been turned on its head rather than being a lesser law because it is made by man rather than by the divine modern conceptions of man made law rank it as fundamental and supreme law because it is man made thanks to the notion of the sovereignty of the people that saw expression in events such as the american revolution and french revolution of the 18th century 10 13 legal theory in the soviet union went further not recognizing any such thing as divine or natural law and considering the state to be sovereign only man made law as made by the state existed according to marxist legal theory 14 although laws higher than the man made law of the sovereign people are not formally recognized in the legal theories of countries such as the united states the thomist idea of man made law being subordinate to divine law is still espoused by many people in those countries for example martin luther king jr in his letter from birmingham jail cited thomas aquinas in his ways to know that a law is unjust 15 16 a just law is a man made code that squares with the moral law or the law of god an unjust law is a code that is out of harmony with the moral law to put it in the terms of st thomas aquinas an unjust law is a human law that is not rooted in eternal law and natural law king 1963 in several islamic countries man made law is still in 20th and 21st century legal theory considered to be subordinate to divine law in the form of the sharia in that legal theory the sovereign power is allah not the people and god made law takes precedence over man made law 17 the full legal position of sharia is complex varies from country to country and is considered differently by various groups for a wider discussion see the sharia article see also edit popular sovereignty positive law render unto caesar references edit notes edit 1 2 mohnhaupt 2008 p 75 76 aspell 1999 p 198 200 1 2 grant 2003 p 200 flannery 2001 p 73 voegelin 1997 p 227 228 scg hanover house edn 1955 57 bk 3 ch 125 10 archived from the original on 2017 12 11 retrieved 2017 02 25 scg hanover house edn 1955 57 bk 4 ch 34 17 archived 2018 02 20 at the wayback machine heckel heckel krodel 2010 pp 45 51 285 voegelin 1997 p 224 227 228 1 2 sharma sharma 2006 p 312 grewe 2000 p 84 skinner 1978 p 148 willke 2007 p 101 gönenç 2002 p 83 85 betz 2008 p 105 villanova 2005 p 5 khaddūrī 2002 p 8 sources used edit aspell patrick j 1999 medieval western philosophy the european emergence cultural heritage and contemporary change culture and values vol 9 crvp isbn 978 1 56518 094 9 betz joseph 2008 civil disobedience in lachs john talisse robert b eds american philosophy an encyclopedia routledge isbn 978 0 415 93926 3 flannery kevin l 2001 acts amid precepts the logical structure of thomas aquinas s moral theology continuum international publishing group isbn 978 0 567 08815 4 khaddūrī majīd 2002 the islamic law of nations shaybani s siyar jhu press isbn 978 0 8018 6975 4 gönenç levent 2002 political culture law in eastern europe martinus nijhoff publishers isbn 978 90 411 1836 3 grant moyra 2003 key ideas in politics nelson thornes isbn 978 0 7487 7096 0 grewe wilhelm georg 2000 byers michael ed the epochs of international law walter de gruyter isbn 978 3 11 015339 2 heckel johannes heckel martin krodel gottfried g 2010 the divine positive law lex charitatis a juristic disquisition on law in the theology of martin luther emory university studies in law and religion wm b eerdmans publishing isbn 978 0 8028 6445 1 mohnhaupt heinz 2008 lex certa and ius certum the search for legal certainty and security in daston lorraine stolleis michael eds natural law and laws of nature in early modern europe jurisprudence theology moral and natural philosophy ashgate publishing ltd isbn 978 0 7546 5761 3 sharma urmila sharma s k 2006 western political thought atlantic publishers dist isbn 978 81 7156 683 9 skinner quentin 1978 the foundations of modern political thought the age of reformation vol 2 cambridge university press isbn 978 0 521 29435 5 villanova ron 2005 legal methods a guide for paralegals and law students llumina press isbn 978 1 59526 257 8 voegelin eric 1997 saint thomas aquinas in sandoz ellis ed the collected works of eric voegelin history of political ideas vol 2 university of missouri press isbn 978 0 8262 1142 2 willke helmut 2007 smart governance governing the global knowledge society campus verlag isbn 978 3 593 38253 1 thomas aquinas summa theologica thomas aquinas summa contra gentiles king martin luther 16 april 1963 letter from birmingham jail cite journal cite journal requires journal help v t e law core subjects administrative law civil law constitutional law contract criminal law crime deed doctrine equity evidence international law law of obligations private law procedure civil criminal property law public law punishment capital corporal restitution and unjust enrichment statutory law tort disciplines abortion law agricultural law animal law aviation law amnesty law banking law bankruptcy commercial law competition law conflict of laws construction law consumer protection corporate law cyberlaw drugs law election law energy law entertainment law environmental law family law financial law financial regulation health law public health global health immigration law intellectual property international criminal law international labour law international human rights international slavery laws international trade law jurimetrics labour landlord tenant law law of war legal archaeology legal fiction maritime law marriage law military law music law nationality law probate estate will and testament product liability public international law refugee law space law sports 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the legal profession history of the american legal profession women in law law portal category index outline retrieved from https en wikipedia org w index php title man made_law oldid 1364737093 categories philosophy of law natural law thomistic jurisprudence legal positivism theories of law concepts in political philosophy political concepts hidden categories articles with short description short description is different from wikidata webarchive template wayback links cs1 errors missing periodical this page was last edited on 18 july 2026 at 06 03 utc page was rendered with parsoid text is available under the creative commons attribution sharealike 4 0 license additional terms may apply by using this site you agree to the terms of use and privacy policy wikipedia is a registered trademark of the wikimedia foundation inc a non profit organization privacy policy about wikipedia disclaimers contact wikipedia legal safety contacts code of conduct developers statistics cookie statement 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