The position of a disestablished or an unestablished Church is comparatively modern, and has given rise to new jural con j - ceptions.
If, on what is called the "jural" theory, these laws are regarded as deriving their authority from an external source, the operation of conscience is so far limited.
Thus the jural form in which morality was conceived only emphasized the fundamental difference between it and the laws of the state.
It should be observed that the (also Augustinian) distinction between " deadly " and " venial " sins had a technical reference to the quasi-jural administration of ecclesiastical discipline, which grew gradually more organized as the spiritual power of the church established itself amid the ruins of the Western empire, and slowly developed into the theocracy that almost dominated Europe during the latter part of the middle ages.
From the notion of sin - treated in its jural aspect - Aquinas passes naturally to the discussion of Law.
He is scarcely aware that his Aristotelianized Christianity inevitably combines two different difficulties in dealing with this question: first, the old pagan difficulty of reconciling the proposition that will is a rational desire always directed towards apparent good, with the freedom of choice between good and evil that the jural view of morality seems to require; and, secondly, the Christian difficulty of harmonizing this latter notion with the absolute dependence on divine grace which the religious consciousness affirms.
The ideas above expressed were not peculiar to Grotius; in particular the doctrine of the " fundamental pact " as the jural basis of government had long been maintained, especially in England, where the constitution historically established readily suggested such a compact.
It is true that Hegel regards the conscious effort to realize one's own conception of good as a higher stage of moral development than the mere conformity to the jural rules establishing property, maintaining contract and allotting punishment to crime, in which the universal will is first expressed; since in such conformity this will is only accomplished accidentally by the outward concurrence of individual wills, and is not essentially realized in any of them.
In this way the utilitarian method is freed from the subversive tendencies which Butler and others had discerned in it; as used by Paley, it merely explains the current moral and jural distinctions, exhibits the obvious basis of expediency which supports most of the received rules of law and morality and furnishes a simple solution, in harmony with common sense, of some perplexing casuistical questions.