Appeared in Vol. 10 No. 4

When Thomas More was victimized by English law in his famous case against King Henry Viii, something in addition to More began to fall: the tradition of the subordination of positive to Divine law. according to Fr. Edward Berbusse, S.J., More’s case illustrates an early triumph of positivism- the notion that the legitimacy of law depends on the will of a human legislator. This point of view adds new signi cance to a story which is fascinating enough because of the Saint at its center.

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