Sixteenth Century Augustinian Theologians on Derivatio per Modum Determinationis: Juan de Guevara, Luis de León y Pedro de Aragón
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Abstract
The following paper exposes the reading done by the Augustinian theologians of the 16th century on the Thomistic doctrine of Derivatio per modum
determinationis. The problem is particularly interesting because the existence of a legislative power with the ability to create rights ex novo was one of the
main points in dispute between the supporters of traditional scholasticism and Martin Lutero’s protestant followers. It is, therefore, an important subject in
order to understand the life of the Church, provided that what is in dispute is her power to establish the costumes and the faith in the points where Divine
Law has remained silent.
Keywords:
Derivation per modum determinationis Positive Law Natural Law Juan de Guevara Luis de León Pedro de Aragón