Paper's abstract

Luca Parisoli, Natural Obligation and Positive Obligation: Normative Science and Spiritual Perfection in the Franciscan School
After the Summa fratris Alexandris, the Franciscan School offers us a new reading of the patristic idea illustrated by Gratian's Decretum according to which yours and mine have been introduced by original sin. The canon Dilectissimis is interpreted as the affirmation of a breach in the building of natural law, from there stems the idea of an autonomy between natural obligation and the positive obligation where the will of the legislator is allowed to create norms owing to the damages the original sin introduced into the human soul. Authors such as Olivi, Scot and Ockham suggest us: a voluntarist ontology of obligation, the anthropological and normative primacy of freedom, the limitation of absolute power, a new theory of natural normativity.

Key Words : obligation, natural, positive, norm, Ockham, Scot, canon, Gratian, Franciscan school
t. 44, 2000 : p. 69-85

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