Book contents
- The Cambridge Handbook of Natural Law and Human Rights
- The Cambridge Handbook of Natural Law and Human Rights
- Copyright page
- Contents
- Contributors
- Acknowledgements
- Introduction
- Part I Natural Law and the Origins of Human Rights
- 2 Natural Law and Human Rights
- 3 The Paradox of Shrinking Individuality
- 4 Synderesis, Conscientia, and Human Rights
- 5 The Case against the Marriage of Natural Law and Natural Rights
- 6 The Mythical Connection between Natural Law and the Universal Declaration of Human Rights
- 7 Natural Law and the Universal Declaration of Human Rights
- Part II Natural Law Foundations of Human Rights Obligations
- Part III Natural Law and Human Rights within Religious Traditions
- Part IV The Human Person, Political Community, and Rule of Law
- Part V Rival Interpretations and Interpretive Principles
- Part VI Challenges and Future Prospects
- Index
4 - Synderesis, Conscientia, and Human Rights
from Part I - Natural Law and the Origins of Human Rights
Published online by Cambridge University Press: 03 November 2022
- The Cambridge Handbook of Natural Law and Human Rights
- The Cambridge Handbook of Natural Law and Human Rights
- Copyright page
- Contents
- Contributors
- Acknowledgements
- Introduction
- Part I Natural Law and the Origins of Human Rights
- 2 Natural Law and Human Rights
- 3 The Paradox of Shrinking Individuality
- 4 Synderesis, Conscientia, and Human Rights
- 5 The Case against the Marriage of Natural Law and Natural Rights
- 6 The Mythical Connection between Natural Law and the Universal Declaration of Human Rights
- 7 Natural Law and the Universal Declaration of Human Rights
- Part II Natural Law Foundations of Human Rights Obligations
- Part III Natural Law and Human Rights within Religious Traditions
- Part IV The Human Person, Political Community, and Rule of Law
- Part V Rival Interpretations and Interpretive Principles
- Part VI Challenges and Future Prospects
- Index
Summary
This chapter begins with an etymological and historical elucidation of the terms conscientia and synderesis. Philosophical and theological reflection on these terms, beginning with St. Jerome and proceeding through thinkers such as Peter Lombard and Philip the Chancellor, constitutes the background against which St. Thomas Aquinas develops his understanding, not only of conscientia and synderesis, but also of objective right (ius) or rights. Much of the debate regarding synderesis, the infallible basis of conscientia, concerns whether it is a power or habitus. Aquinas settles on understanding synderesis as a ‘habit’ of the potential intellect – which, following Aristotle, he understands as a sort of ‘blank slate’ upon which things can be written. One of the things written on the habit of synderesis is the practical version of the principle of non-contradiction: ‘good is to be done and pursued, evil avoided’. This allows him to develop a theory according to which objective rights are primary, although not to the exclusion of subjective rights. It also allows those in agreement with Aquinas to exclude subjective rights that contradict established objective rights.
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- The Cambridge Handbook of Natural Law and Human Rights , pp. 61 - 73Publisher: Cambridge University PressPrint publication year: 2022