In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 40.1 (2002) 126-127 [Access article in PDF] Book Review Natural Law Theories in the Early Enlightenment T. J. Hochstrasser. Natural Law Theories in the Early Enlightenment. New York: Cambridge University Press, 2000. Pp. xiii + 246. Cloth, $54.95. In a worthy addition to Cambridge's Ideas in Context series, T. J. Hochstrasser undertakes an excavation. His aim is to provide (...) a description, and to demonstrate the importance within the German Frühaufklärung, of a largely forgotten philosophical approach: eclecticism. Hochstrasser argues that the triumph of Wolffian rationalism in the Protestant universities in the middle of the eighteenth century occluded the importance of eclecticism for Kant, who in turn occluded it for everyone afterward. But the price of forgetting eclecticism is high. Not only are we left with no account--or a skewed account--of the development of German thought from the first stirrings of the Enlightenment to the emergence of the Critical philosophy, but our understanding of the development of the historiography of philosophy is badly compromised. For among their many accomplishments--in natural jurisprudence, in university reform--the eclectics were the first critical historians of philosophy, their distinctive genres being historically aware treatises on natural law and Whig histories of natural jurisprudence. Hochstrasser's study traces the development of eclecticism, from the work of its founders, Samuel Pufendorf and Christian Thomasius, through a devolution in the hands of Thomasius's later disciples, to the eventual oblivion in the middle of the eighteenth century. This review will focus on the beginning of this narrative, as Pufendorf is the leading figure in the book.Eclecticism began with Pufendorf's attempt, in his mature work on natural law, to reconcile his conflicting inheritances from Grotius and Hobbes without simply endorsing the work of either. He was impressed both by Grotius's explanation of the law of nations in terms of human sociability--but also by Hobbes's criticisms of Grotius, rooted in the latter's analysis of the state of nature. At the same time, he wished to reject Grotius's method of induction from sociological observation and Hobbes's minimally constrained voluntarism. Contributing further to his perplexity was his increasing disaffection from the geometric approach he had adopted in his Elementa Jurisprudentiae Universalis.The way out of this impasse, Hochstrasser contends, was revealed to Pufendorf in correspondence with Hermann Conring, the leading constitutional lawyer of his time, and Johann Böcler, Grotius's most erudite commentator. Böcler chastised Pufendorf for his neglect of history, and both of Pufendorf's correspondents pointed out his need for some non-Hobbesian criterion by which he could validate his first principles, whatever they turned out to be. Stung particularly by Böcler's remarks, Pufendorf returned to the Stoics and there discovered a via media between Hobbes's pessimism and Grotius's optimism: a synthesis anticipating Kant's doctrine of "unsocial sociability." For the purposes of Hochstrasser's study, the key aspects of Pufendorf's solution are these: first, it avoids mere voluntarism; second, it does this by means of a moral epistemology that sharply distinguishes natural law [End Page 126] from moral theology; finally, the validating criterion for Pufendorf's first principles is located in critical appropriation of the history of moral philosophy. These were to be hallmarks of Pufendorf's school.On the first and second points, Hochstrasser seems to me substantively correct, though I think he misunderstands the nature of Pufendorf's escape from mere voluntarism and thereby underplays the religious dimensions of Pufendorf's theory. Among recent Anglo-American commentators on Pufendorf, only Robert Adams has in my view properly construed Pufendorf's thought: that it involves a command theory of obligation proper, but posits the natural advantageousness of some hierarchies as a buttress against mere voluntarism. Hochstrasser is thus right to insist, against Leibniz, that Pufendorf's account of obligation is coherent. But he is wrong to suggest that "there was nothing in Pufendorf's theory... to oblige him to introduce fear of punishment by a superior... " (105). He is... (shrink)

Johannes Althusius, a German legal theorist and political thinker in the early 1600s, attempts in his Politica to create a chain of increasingly large communal associations that could constitute a universally applicable political order. He founds this system on a natural law theory of behavioral guidelines. Many elements of his body of work, from its federalist structure to the granting of a right of sovereignty to the people, bear marks of an early connection to modern Western thought (...) meriting further exploration. Upon close inspection, the natural law theory at play in Politica also contains oddities and inconsistencies worthy of note. His Theory of Justice, a work on law and ethics, contains a similar theory with slight yet significant variations at the core level. Ultimately owed to weaknesses in the derivation of duties to self and a lack of evidence for the reasoning of the hierarchy of duties to others in Politica, the Theory of Justice model, though not without its own internal inconsistencies in the moral authority of positive law, is found to present a more philosophically sound model. (shrink)

The study of natural law theories is presently one of the most fruitful areas of research in the studies of early modern intellectual history, and moral and political theory. Likewise the historical significance of the Enlightenment for the development of `modernisation' in many different forms continues to be the subject of controversy. This collection therefore offers a timely opportunity to re-examine both the coherence of the concept of an `early Enlightenment', and the specific contribution of natural (...) law theories to its formation. The works of major thinkers such as Grotius, Hobbes, Locke, Malebranche, Pufendorf and Thomasius are reassessed, and the appeal and importance of the discourse of natural jurisprudence both to those working inside conventional educational and political structures and to those outside - such as in the Huguenot diaspora - is evaluated. This volume will therefore be of importance to all those readers concerned to study the character of the debates in the period 1650-1750 surrounding moral and political agency, sovereignty and obligation, and the legitimation of religious toleration in the divergent states and patriotic contexts of Europe. (shrink)

Which works and tenets of early modern natural law reached East-Central Europe, and how? How was it received, what influence did it have? And how did theorists and users of natural law in East- Central Europe enrich the pan-European discourse? This volume is pioneering in two ways; it draws the east of the Empire and its borderlands into the study of natural law, and it adds natural law to the practical discourse of this region. (...) Drawing on a large amount of previously neglected printed or handwritten sources, the authors highlight the impact that Grotius, Pufendorf, Heineccius and others exerted on the teaching of politics and moral philosophy as well as on policies regarding public law, codification praxis, or religious toleration. Contributors are: Péter Balázs, Ivo Cerman, Karin Friedrich, Gábor Gángó, Anna Grześkowiak-Krwawicz, Knud Haakonssen, Steffen Huber, Borbála Lovas, Martin P. Schennach, and József Simon. (shrink)

SUMMARYThis article discusses the works of the first two lecturers on natural law in Copenhagen, Henrik Weghorst and Christian Reitzer. Contrary to the existing scholarship which characterises their works as derivative of either Grotius or Pufendorf, the article argues that the character and significance of these works can only be grasped when understood in light of the local intellectual traditions which they built upon. Seen against this background, it becomes clear that Weghorst and Reitzer developed significantly (...) different theories of natural law, disagreeing on such fundamental issues as the definition of law, the moral good, and the role of sociality in natural law. Following a tradition of Christian natural law in Kiel, Weghorst developed a theory of natural law fundamentally critical of the secularising theories of Grotius and Pufendorf, while Reitzer followed Pufendorf and his disciple Christian Thomasius in Halle. The article concludes by indicating how Weghorst’s and Reitzer’s works established the framework for discussions of natural law in the first decades of the eighteenth century, suggesting the need for further research into the significance of natural law for the early enlightenment in Denmark–Norway. (shrink)

Though he is known primarily for his mathematics, John Wallis was also a prominent natural philosopher and experimentalist. Like many experimental philosophers, including his colleagues in the Royal So­ciety, Wallis sought to identify the mathematical laws that govern natural phenomena. However, I argue that Wallis’s particular understanding of the laws of nature was informed by his reading of a thirteenth–century optical treatise by Robert Grosseteste, De lineis, angulis et figuris, which expresses the principle that “Nature doth not work (...) by Election.” Wallis’s use of this principle in his Discourse of Gravity and Gravitation helps to clarify his understanding of natural laws. According to Wallis, since nature cannot choose to act one way or another, natural phenomena are unfailingly regular, and it is this that allows them to be predicted, generalized, and described by mathematical rules. Furthermore, I argue that Wallis’s reading of Grosseteste reveals one way that medieval scholarship contributed to the “mathematization of nature” in the early modern period: historically–minded scholars like Wallis found insightful philosophical principles in medieval sources, and they transformed and redeployed these principles to suit the needs of early modern natural philosophy. (shrink)

This is a book about the theory of the city or commonwealth, what would come to be called the state, in early modern natural law discourse. Annabel Brett takes a fresh approach by looking at this political entity from the perspective of its boundaries and those who crossed them. She begins with a classic debate from the Spanish sixteenth century over the political treatment of mendicants, showing how cosmopolitan ideals of porous boundaries could simultaneously justify the freedoms of (...) itinerant beggars and the activities of European colonists in the Indies. She goes on to examine the boundaries of the state in multiple senses, including the fundamental barrier between human beings and animals and the limits of the state in the face of the natural lives of its subjects, as well as territorial frontiers. Drawing on a wide range of authors, Brett reveals how early modern political space was constructed from a complex dynamic of inclusion and exclusion. Throughout, she shows that early modern debates about political boundaries displayed unheralded creativity and virtuosity but were nevertheless vulnerable to innumerable paradoxes, contradictions, and loose ends.Changes of State is a major work of intellectual history that resonates with modern debates about globalization and the transformation of the nation-state. (shrink)

For over a century, Hegel’s view of war is seen as controversial that results in mutually exclusive interpretations. To reach a proper evaluation of Hegel’s views, it is necessary to consider both Hegel’s initial states of philosophical doctrine about war and peace, and the development of his understanding of war from early works to mature ones. In the first part of the paper, I characterize Kant’s position on war, since it was the starting point for Hegel. Contrary to (...) popular representations about Kant as an exclusive pacifist, the philosopher of Koenigsberg had a philosophical-historical treatment of war, in which the war appeared as something sublime. However, both legal-ethical peace understanding and veto of war from the point of practical reason were not dominant in Kant’s philosophy, subordinating the sublime treatment of war. Kant’s next contemporaries could not already keep this position, emphasizing either one or the other side of war interpretation. Starting from the early writings (the paper “On the Scientific Ways of Treating Natural Law” or manuscripts “System of Ethical Life” and “The German Constitution”), Hegel stresses an ethical aspect of war and its necessity, so that the shield is arranged on the way of systems isolation and individuals atomization, and the unity in its ethical health is saved. Perpetual peace, on the contrary, leads to diseases. The statement about equality of claims and the same truthfulness of warring parties’ rights is the originality of Hegel’s view. It makes absolutely impossible the war evaluation from the point of its justice and injustice. (shrink)

The natural law tradition in ethics and jurisprudence has undergone a revival in recent years, sparked by the work of John Finnis and the 'new natural law theorists' in the early 1980s. The ensuing decades have seen the emergence of an increasingly rich body of natural law scholarship, but this diversification has gone unnoticed by many outside the field. This article seeks to clarify the relationship between the core claims of the new natural law outlook (...) and the more specific views of individual authors. It begins by discussing the place of the new natural law theory within contemporary natural law scholarship. It then offers an account of the core elements of the new natural law framework that emphasises their compatibility with a range of ethical and philosophical viewpoints. (shrink)

This book examines the philosophies of nature of the early Greek thinkers and argues that a significant and thoroughgoing shift is required in our understanding of them. In contrast with the natural world of the earliest Greek literature, often the result of arbitrary divine causation, in the work of early Ionian philosophers we see the idea of a cosmos: ordered worlds where there is complete regularity. How was this order generated and maintained and what underpinned those regularities? (...) What analogies or models were used for the order of the cosmos? What did they think about causation and explanatory structure? How did they frame natural laws? Andrew Gregory draws on recent work on mechanistic philosophy and its history, on the historiography of the relation of science to art, religion and magic, and on the fragments and doxography of the early Greek thinkers to argue that there has been a tendency to overestimate the extent to which these early Greek philosophies of nature can be described as 'mechanistic'. We have underestimated how far they were committed to other modes of explanation and ontologies, and we have underestimated, underappreciated and indeed underexplored how plausible and good these philosophies would have been in context. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Aquinas’s Theory of Natural Law: An Analytic Reconstruction by Anthony J. LisskaV. Bradley LewisAnthony J. Lisska. Aquinas’s Theory of Natural Law: An Analytic Reconstruction. Oxford: Clarendon Press, 1996. Pp. xv + 320. Paper, $24.95.This volume aims to provide an explication of the natural law theory of St. Thomas Aquinas “consistent with the expectation of philosophers in the analytic tradition” (10–11, 17). Accordingly, the author begins, (...) in the first three chapters, by reviewing the recent history of Anglo-American metaethics, aligning himself broadly with those critics of analytic ethics like G. E. M. Anscombe, Alasdair MacIntyre, John Finnis, Martha Nussbaum, and Henry Veatch, who have argued for a recovery of Aristotelian moral theory, against varieties of intuitionism, non-cognitivism, and neo-Kantianism. Lisska’s principal objective is to present a reconstructed natural law theory based primarily on Aquinas’s discussion in questions 90–97 of the prima secundae of the Summa theologiae (a translation of these questions is appended to the book). This he offers mostly in the fourth, fifth and eighth chapters of the book. The sixth chapter is a critique of John Finnis’s account of natural law and the seventh is an exposition of the views of Henry [End Page 526] Veatch. The ninth chapter presents some suggestions on how the author’s account can illuminate controversies over the grounding of human rights, and the tenth is a brief conclusion.The three introductory chapters consist mainly of a review and endorsement of the critics of academic ethics since Moore’s Prıncipia Ethıca. Having accepted arguments for the inadequacy of modern ethics, Lisska argues for the recovery of Aquinas’s views which he sees as in fundamental continuity with Aristotelian ethics (84, 89, 100, 102–105, 108, 134–36). His central thesis is that natural law is a “second-order inquiry” based on a realist metaphysics of the human person as defined by a set of dispositional properties, the realization of which constitutes Aristotelian eudaimonia and Thomistic beatitudo (17, 104–106, 131–37, 152–55, 186, 195–201). Moreover, Lisska contends that Aristotelian “eudaimonism” constitutes an adequate account of moral obligation: what he calls, after Veatch, “obligatory teleology” (107–109, 121, 202–205, 235).At the core of Lisska’s account, then, is a metaphysical dispute that pits Aristotelian essentialism against modern reductionist ontology. This metaphysical core is separated from any theological implications in the fifth chapter (especially 119–23, 137) and Lisska reinforces his metaphysical thesis by appealing to Saul Kripke’s discussion of natural kinds and the early work of Hilary Putnam (97–99, 125, 206–209). Given the centrality of metaphysical argument, a critique of Finnis’s theory goes without saying, and Lisska devotes a chapter to it, adding another to expound Henry Veatch’s contrary view.While this book undertakes an important effort to recover a workable natural law theory—especially in its commendable stress on metaphysical questions—it is, as a whole, less satisfactory than it might have been. A good part of this owes to the book’s abstraction from historical questions. No sustained attention is devoted to the problems that accompanied the reception of Aristotle by Christian theologians, nor to the place of natural law in Aquinas’s overall understanding of morality. The former point is not so surprising, given the book’s analytic concerns; the latter, however, carries more serious theoretical implications. Why is it, for example, that natural law takes up so little space compared to the questions on happiness, human acts, and the habits and virtues in the prima secundae, not to mention the detailed treatments of the virtues and vices in the secunda secundae? Similarly, where Aquinas stresses that natural law as law is directed to the common good (Iallae 90.2), Lisska treats it mostly as a guide to “self-realization.”This issue suggests the tensions between Aristotle and Aquinas, tensions that seem to show themselves precisely in Aquinas’s discussion of the very notion of natural law, a notion that has no equivalent in Aristotle. This question hangs over Lisska’s brief treatment of obligation, in particular, since that concept is also lacking explicit treatment in... (shrink)

The concept of natural law is fundamental to political philosophy, ethics, and legal thought. The present article shows that as early as the ancient Greek philosophical tradition, three main ideas of natural law existed, which run in parallel through the philosophical works of many authors in the course of history. The first two approaches are based on the understanding that although equipped with reason, humans are nevertheless still essentially animals subject to biological instincts. The first approach (...) defines natural law as the law of the strongest, which can be observed to hold among all members of the animal kingdom. The second conception presents natural law as the principle of self-preservation, inherent as an instinct in all living beings. The third approach, also developed in antiquity, shifts the focus to our rationality and develops the idea of natural law as the law of reason within us. Some Christian thinkers who consider the origin of reason in us to be divine, identify the law of reason inherent in us with God's will. This paper gives a brief exposition of the development of these three concepts of natural law in philosophy, with emphasis on the intertwining of these three concepts, which we, however, understand as primarily and essentially independent. The paper concludes with an overview of twentieth-century authors who exclusively focus on only one of the three concepts. The aim of this article is to argue against these one-sided interpretations and to uphold the independence and distinctness of the three historical conceptions of natural law. (shrink)

While the roots of modern German sociology are often traced back to historicism, the importance of rational natural law in the inception of the founding work of German sociology, Gemeinschaft und Gesellschaft by Ferdinand Tönnies, intended as a ?creative synthesis? between rational natural law and romantic historicism, should not be overlooked. We show how in his earliest scholarly work on Thomas Hobbes and John Locke the shift in the meaning of the two concepts ?Gemeinschaft? and ?Gesellschaft? represents a (...) departure from early liberal enlightenment to a Weltanschauung marked by romantic authors such as Fichte, Novalis and Haller, by Schopenhauer, Nietzsche, Spencer and Marx, notwithstanding Tönnies' adherence to the political and social values of a liberal civil society. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Human Liberty and Human Nature in the Works of Faustus Socinus and His ReadersSarah MortimerI.Few issues were more hotly contested by early modern theologians than the extent of human liberty and its implications for both religion and society. In the Protestant world, the sixteenth century saw increasingly strident statements of mankind's bondage to sin and the importance of God's eternal decree of predestination, but the concept of (...) human moral responsibility still had its defenders. One influential proponent of human liberty was Faustus Socinus (1539–1604), the Italian scholar known most commonly today for his denial of the trinity. Yet the central theme of his theology was his insistence that Christian virtues must be carried out voluntarily; it was from this principle that his more heterodox ideas flowed. He made a sharp distinction between natural and voluntary action, and argued that the practice of Christianity must be an act of human will, not one to which men were drawn by nature. Separating Christianity from the natural order, Socinus argued that eternal life awaited those who chose to follow the law of Christ rather than the natural law. His argument challenged the Protestant commitment to the unity of natural and divine law and it opened up conceptual space for voluntary action outside the natural law. In this article, I shall sketch the Socinian position on human liberty and Christianity, and suggest how and why the Italian's ideas were developed by Protestants in the early seventeenth century. His readers included the eminent Dutch scholar Hugo [End Page 191] Grotius (1583–1645), and the exchange between Grotius and the Socinians reveals the concern on both sides to explain the relationship between human liberty, Christianity, and natural law.Socinus' life, like his theology, began within the reform movement in Italy and ended among the marginalised anti-trinitarians in Poland. Born of a long line of Italian jurists, he shared both his family's legal interests and their critical approach to the Catholic Church. In his youth he had been a courtier in Florence but his increasingly critical attitude towards Catholicism—and the death of his patron Grand-Duke Cosimo I—resulted in his departure from Italy in 1574. After a period in Basel he found a home among the Polish Anabaptists at Rakow, a young and precarious community which he helped to sustain through his advice and through the tracts which he penned on their behalf.1 During these years, he was also able to develop his own interpretation of Christianity, and to explain it in numerous works issuing from the community's press. Although his ideas generated a lively debate from the start, both in Poland and Germany, it was only after his death that they began to be absorbed into the mainstream of European intellectual discussions. Socinus' theological ideas had their attractions for some Protestant readers, but they became entangled with more political questions and their implications for civil life began to cause serious alarm. For this reason my focus will be upon the responses of Dutch and German readers, particularly Hugo Grotius and Johan Crell (1590–1633), both of whom addressed the civil as well as the theological aspects of Socinus' legacy. First, however, I shall draw out the salient points from Socinus' rich and complex theology, paying particular attention to his understanding of human liberty. Unlike his orthodox Protestant contemporaries, Socinus believed that liberty was the precondition for virtue.Socinus shared with the broader Christian humanist tradition the belief that Christ demanded works as well as faith from his followers. Christians must follow the pattern of ethical living laid down by their master; like Erasmus before him, and like the Italian exiles he met in Basel, Socinus saw Christianity as a religion of action.2 For this reason, he was determined to protect the liberty and capacity of each individual to act virtuously, and therefore to defend what he understood as human free will. It was, he felt, [End Page 192] a pressing task, for these qualities were being undermined by his contemporaries and particularly by those on the Protestant side. Most Protestants followed Luther's belief, expressed most forcefully in De Servo Arbitrio (1525... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Instinct of Nature: Natural Law, Synderesis, and the Moral SenseRobert A. Greene“Instinct is a great matter.”—Sir John FalstaffThis essay traces the evolution of the meaning of the expression instinctus naturae in the discussion of the natural law from Justinian’s Digest through its association with synderesis to Francis Hutcheson’s theory of the moral sense. The introduction of instinctus naturae into Ulpian’s definition of the natural law by (...) Isidore of Seville in the seventh century posed a problem of definition for medieval commentators. Some said that it meant a universal and providential natura naturans; some defined it as the urge to self and species preservation in animals, degenerating in man into sensual and shameful impulses; some advanced the humanistic and paradoxical notion that it referred to a unique exercise of human reason in coming to know the natural law. The contemporaneous revival in the twelfth century of St. Jerome’s puzzling new term “synderesis,” and its gradual definition as the immediate apprehension of the first practical moral principles of the natural law, brought the two terms into proximity and loose association.A half-century later St. Bonaventure made explicit what had remained latent in the thinking of Thomas Aquinas by relocating synderesis in the affective rather than the intellectual part of man’s nature. Accordingly the moral discoveries of synderesis came to be spoken of as not only non-discursive but instinctive in nature—apprehensions for which no reason could be given, apprehensions somehow rooted in affective human experience. During the bilingual early modern period an increasingly secularized, internalized, and reified instinctus [End Page 173] naturae, together with its abbreviated vernacular cognate, “instinct,” came to serve as a substitute and synonym for the obsolescent synderesis. Edward Herbert’s attention to instinctus naturae in his De Veritate (1624), Sir Matthew Hale’s speculations about the place of rational instinct in the natural law, and Francis Hutcheson’s theory of a moral sense all exemplify this semantic legacy.The first entry in Justinian’s Digest has had a disproportionate influence on later speculation about the natural law. It begins a chapter that gives pride of place to general definitions of justice, law, jus naturale and jus gentium, and it is drawn from the writings of the Roman jurisconsult Domitius Ulpianus (d. 223), whose work constitutes forty percent of the Digest. Ulpian defines the natural law, with insistent repetition, as that which nature has taught to, or is common to, all animals:Jus naturale is that which nature has taught to all animals; for it is not a law specific to mankind but is common to all animals—land animals, sea animals, and the birds as well. Out of this comes the union of man and woman [male and female] which we call marriage, and the procreation of children, and their rearing. So we can see that the other animals, wild beasts included, are rightly understood to be acquainted with this law. Jus gentium, the law of the nations, is that which all human peoples observe. That it is not coextensive with natural law can be grasped easily, since this latter is common to all animals whereas jus gentium is common only to human beings among themselves. 1Justinian’s compilers gave Ulpian’s definition striking prominence at the beginning of the Digest and then in the same short chapter quoted the incompatible and more traditional definitions of his contemporaries Gaius and Paulus. They confined the operation of the natural law to mankind and spoke of reason as its source. 2 The compilers had been charged to eliminate just such conflicts; yet here at the very outset they set a conundrum that perplexed commentators [End Page 174] and invited explanation from Isidore of Seville to Hugo Grotius. Their selection of quotations suggests that as lawyers they regarded such general definitions as “for legal purposes no more than ornament to discussion.” 3 For those of a more speculative bent, however, the dilemmas could not have been more fundamental. How was the natural law to be defined in relation to those appetitive and self-preservative urges that man seemed to share with animals? Or did the term law apply only... (shrink)

This work reconstructs the original theory of natural law as developed by the early Stoic scholarchs, explains its fundamental differences from our traditional conception of natural law, and considers the philosophical motivation for this transformation of the original theory. For the nearly Stoics, natural law corresponds not to a determinate code of laws or precepts, as in Aquinas, but to a certain mental disposition, namely the perfectly rational and consistent conduct of the wise man. The content (...) of the moral conduct enjoined by natural law is specified by "virtuous actions" rather than "appropriate actions" . ;In the Introduction I discuss the central differences between ancient and modern theories of natural law, outline the plan of my project, and explain how the early Stoic theory of natural law differs quite radically from the Thomistic conception of the subject. Next I reconstruct the original form and motivation of the theory from the fragments of the early Stoic scholarchs, explain its relation to their ethics and political philosophy, and show that its original motivation was to offer a better answer than Plato had succeeded in giving to the problems he raised in the Republic. In the third chapter I reconstruct and examine critically Carneades' attack on the Stoic theory. Finally, I argue that Antiochus of Ascalon introduced a simple but fundamental modification of the early Stoic theory, which radically changed its orientation and laid the basis for the Thomistic theory. To support his view about the unity of doctrine of the "ancients", Antiochus revised natural law so as to enjoin kathekonta rather than katorthomata, thus making the content of natural law correspond to a determinate class of precepts. I conclude with some general remarks on why Cicero chose Antiochus' version of natural law as the basis for his De Legibus. In an Appendix I argue that the Stoics' theory had little if any substantive influence on Roman Jurisprudence. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:MARITAIN ON RIGHTS AND NATURAL LAW THOMAS A. FAY St. John's University Jamaica, New York T:HE WAY RIGHTS a11e viewed in our time creates urmoil in our society. But this one-sided view of rights ad ]ts origin in the philosophy of Jean Jacques Rousseaiu, in which the" Rights of Man" were divinized and hence made unlimited. In contrast, Maritain based his notion of rights on the natu:rail law, (...) and this phifosophic base can ground a more balanced view of rights, one which can protoot both against those who would assert arbitmry rights without any restraints whatever and against an authoritarian State which would subordinate an individual rights to its requirements. I. Maritain's Notion of the Natural Law For Marita:in, the ultimate groundiing of human rights is in the natural law.1 But just what does he mean by the term "natural law? " It is by no means obvious. Certa:inly from antiquity man has had some gmsp of a narturaJ faw, rthat is, of a law which transcends merely positive law, the law fashioned by men. In!J1an and the State, Maritain cites the case of Antigone, the heroine in Sophocles' pJ.ay of the same name. She breaks a positive faw in giving buriaJl to her brother 'and justifies her act by making an appeal to a law higher than any merely human law. And so she says " Nor did I deem Your ordinance of so much binding force, As that a mortal man could overbear The unchangeable unwritten code of heaven; 1 Les droits de l'homme et la, loi naturclle (New York: Editions de la Maison Frnncaise, Hl42), p. 84. 439 440 THOMAS A. FAY This is not of today and yesterday, But lives forever, having origin Whence no man knows...2 The Stoic philosophers spol{'e of a natural law; so did tnpian in the ancient Roman period, and St. Augus:tine in the early Middle Ages. The se-y;enteenth and eighteenth century saw the classical Law of Nature philosophers, such as Hugo Grotius, Thomas Hobbes, Benedict Spinoza, and John Locke. And of course, by no means least on our list, there was Thomas Aquinas. Mal11'tain takes Thomas's to be the most perfect statement of natural law. But even here there are certain ambiguities and problems. For example, with 11egard to the "primary " and " seconda,ry" precepts of natural law, the statements of St. Thomas in early work The Commentary On The Sentences are at variance with the vocabulary and the teaiching of the Summa theologiae, I-II, q. 94. Maritain attempts to clarify these obscurities by introducing what he rtakes to he the key to Thomas's 1 doctrine of natUl"al law-the notion of knowledge through inclination.3 As Maritain sees it, there are two aspects of natural law, one ontological and the other gnoseologicaL4 The ontological.aspect of natural law means that man has a being-structure which is the locus of inrtelligible necessities, that he possesses ends which necessarily correspond to his essential constitution and which are common to all men. This means that there is, by virtue of human nature itself, an order or a disposition which human reason can discover and accol'lding to which the human will should act if lit is to attain the necessary and essential ends of being human. This order or disposition is what he means by nrutural law. From this it follows that 001y being in nature, be it a tree or a dog or whatevier, has its own na.tural law, which is the normality of its funotioning, the proper way in which, by reason 2 Man and the State (Chicago: University of Chicago Press, 1951), p. 85. s Ibid., p. 91. 4!bill., pp. 85-94. MARITAIN ON RIGHTS AND NATURAL LAW 441 of its specific structure and specific ends, it " should " achieve the fullness of its being, The " shou1d " here is not a moral imperative but rather an ontological one, just as we say that a "good" eye" shou1d" be :able to perceive certain objects with clarity at a certain disrtance. But as soon as we enter the realm of free... (shrink)

ABSTRACT Pierre Bayle developed an expansive theory of toleration in his Commentaire philosophique by arguing that tolerance is a universal principle of natural law. However, by situating toleration in natural law rather than positive law, Bayle was brought into theoretical conflict with the Old Testament injunction that the state should punish idolatry. To resolve this conflict, Bayle drew upon the work of early modern Hebraists, particularly the Catholic biblical scholar Richard Simon. Bayle adapted Simon’s idea that theocracy (...) uniquely shaped the institutions of ancient Israel to argue that prohibitions against idolatry should be exclusive to the Hebrew republic. Bayle argued that the Mosaic Law did not punish someone for their sincerely held religious beliefs but only prohibited treason, and these circumstantial laws should not be emulated by other states. This allowed Bayle to contend for the moral veracity of the Old Testament and the notion that toleration is an unconditional principle of natural law. Bayle’s use of Simon displayed the revolutionary potential of textual critical scholarship in the early modern period, as he adapted Simon’s critical ideas to his own aims of promoting religious toleration within the ecclesiastical and civic spheres of his own confessional context. (shrink)

In line with its influence, Emer de Vattel’s Le droit des gens (1757) is most often conceptualised in terms of far-reaching political intentions and epochal intellectual developments. However, the core axioms of the work constitute a surprisingly exact application of Vattel’s philosophical premises, developed within the highly specific traditions of Swiss Calvinism and the école romande of natural law, integrating Leibnizian influences. The present article provides basic context for this claim by excavating two early debates that Vattel intervenes (...) upon as an apologist for Leibniz: first, Vattel demonstrates an adherence to non-fatalist Leibnizian metaphysics when countering Swiss anti-Leibnizians in 1737–1741 and, second, in 1747 Vattel develops Leibnizian-Wolffian moral philosophy in response to Barbeyrac’s vindication of Pufendorfian voluntarism. These interventions point toward an evolving but systematic philosophical substratum, which I claim can also be found, mutatis mutandis, in Vattel’s account of the law of nations. Thus, whether applying natural law to people or states, Vattel considers both to be (moral) persons who naturally prioritise duties to themselves, this principle of self-interested utility conceived of as coterminous with altruistic virtue, and, by consequence, belonging to a universal society of moral actors. (shrink)

The aim is to contribute to a better understanding of Samuel Pufendorf’s road from his early Elementa jurisprudentiae universalis, published in late 1660 to the eight ‘books’ of De jure naturae et gentium from 1672. In the latter, Pufendorf completed a methodical shift from the more geometrico method to a universal jurisprudence based upon a wide range of humanistic arts, including history. In this connection, Pufendorf gave more credit to Hugo Grotius and his De jure belli ac pacis than (...) in the earlier work. The paper redefines the role that Pufendorf’s contacts with the Chief Minister from Mainz, Johann Christian von Boineburg and his closest collaborators, Hermann Conring and Johann Heinrich Boecler played in Pufendorf’s shift of approach to ‘universal jurisprudence’. Hitherto underexplored correspondence of Boineburg with Boecler permits a reconstruction of the polemic that Boineburg incited and fuelled between Pufendorf and Boecler. Pufendorf’s reflections of the events in the Preface of the first edition of De jure naturae et gentium and later Christian Thomasius’s account in Paulo plenior, historia juris naturalis made the intermezzo into an essential part of the foundation myth of modern natural law. (shrink)

As is generally known, Newton’s notion of universal gravitation surpassed various theories of particular gravities in the early modern age, as represented mainly by Kepler and Hooke. In his seminal work “Hooke and the Law of Universal Gravitation: A Reappraisal of a Reappraisal” Richard S. Westfall argues that Hooke could not reach beyond the concept of spatially bounded particular gravities, as he deployed the method of analogy between the material principle of congruity and incongruity and the extension of gravitational (...) spheres and their action at a distance. However, the doctrine of universal gravitation does not exclude the nature of particular gravities; it is predicated on the notion of an infinite expansion of individual-gravitational spheres and their uniform nature, namely the mutual and centripetal attraction. In my treatise I attempt to reinvestigate the nature and structure of gravitation, as established historically in the framework of Newtonian Classical Mechanics, by a method of structural intuition. It examines how the structural intuition, as represented in the celestial-mechanical intuitions of Hooke and Kepler, could unfold into an innovative process within the context of early modern mechanical philosophy, attaining thus a historical significance and legitimacy as against the prevailing Newtonian method of geometric-mathematical axiomatization of mechanical principles. It also explores the actual demonstrative features of the tidal phenomenon with regard to its lunar- and solar-gravitational causation, which has been considered to date to be an important piece of empirical evidence for the theory of universal gravitation. (shrink)

C. J. Temminck, director of the Rijksmuseum van Natuurlijke Historie and a renowned ornithologist, gained his contemporary's respect thanks to the description of many new species and to his detailed monographs on birds. He also published a small number of works on biogeography describing the fauna of the Dutch colonies in South East Asia and Japan. These works are remarkable for two reasons. First, in them Temminck accurately described the species composition of poorly explored regions, like the Sunda (...) Islands and Japan. Secondly, he formulated a new law on the geographical distribution of animals around the globe, based on the parallels he observed between the fauna from Europe, Asia and Japan. The underlying ideas that lead Temminck to this law were the typeconcept, which he understood as the ideal morphological plan behind animal form, the unchanging character of the species and a strong belief in nature's divine design. During the first half of the nineteenth century, the type-and the species-concept, the origin and fixity of the species and the meaning of variations aroused heated discussions. When put in the context of his time, Temminck emerges as a scientist whose work was driven by the dominating scientific philosophy of the time in which he lived, under the influence of late eighteenth century natural history and of French empiricists, in particular, the great zoologist and paleontologist Georges Cuvier. Temminck's detailed descriptions of the Dutch East Indian fauna helped the great naturalists after him to understand nature's patterns and to propose comprehensive theories that explain its diversity. (shrink)

This major addition to Ideas in Context examines the development of natural law theories in the early stages of the Enlightenment in Germany and France. T. J. Hochstrasser investigates the influence exercised by theories of natural law from Grotius to Kant, with a comparative analysis of the important intellectual innovations in ethics and political philosophy of the time. Hochstrasser includes the writings of Samuel Pufendorf and his followers who evolved a natural law theory based on human (...) sociability and reason, fostering a new methodology in German philosophy. This book assesses the first histories of political thought since ancient times, giving insights into the nature and influence of debate within eighteenth-century natural jurisprudence. Ambitious in range and conceptually sophisticated, Natural Law Theories in the Early Enlightenment will be of great interest to scholars in history, political thought, law and philosophy. Natural Law Theories in the Early Enlightenment has been selected as the winner of the annual Morris D. Forkosch Prize for the best book in intellectual history published in 2000. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:ON LEO STRAUSS'S UNDERSTANDING OF THE NATURAL LAW THEORY OF THOMAS AQUINAS * DOUGLAS KRIES Gonzaga University Spokane, Washington IN COMPOSING the introduction to Natural Right and History in the early 1950's, Leo Strauss described the situation in American social science as a division between two parties : the modern liberals of one persuasion or another, who had largely abandoned natural right altogether, and the (...) students of Thomas Aquinas.1 Since the fundamental goal of that book was a recovery of the classical or pre-modern theory of natural right, one might have anticipated that Strauss's work would have been received enthusiastically by the latter group. If nothing else, Strauss and the Thomists were natural allies because they shared the same modern enemies: namely, historicism (the view that all human thought is confined to the immediate historical horizon of the thinker) and positivism (the view that human thought cannot make value judgments, but only judgments about observable matters of fact). Beyond that, Strauss explored very seriously the issues of reason and revelation.and of religion and politics-both of which are crucial for Thomistic political thought. Yet, despite such favorable auguries, a congenial affiliation of *The author wishes to acknowledge the helpful criticisms he received in the preparation of this manuscript from David Calhoun of the Philosophy Department at Gonzaga University. 1 Leo Strauss, Natural Right and History (Chicago: University of Chicago Press, 1953), pp. 2, 7. 215 216 DOUGLAS KRIES Straussians and Thomists was never formed.2 Many factors probably contributed to the losing of the opportunity,8 but presumably chief among them was the fact that, even though Strauss's view of Thomas was genuinely respectful, it was not unequivocally sympathetic. Strauss preferred classical natural right theory to modern natural right theory, and he came to the conclusion that Thomas's teaching on natural right-while certainly ' pre-modern ' 4-introduced novelties into the classical position which weakened it rather than improved it. The goal of this essay is to analyze Strauss's reservations about Thomas's statement of the problem of natural right. Such an analysis will, I hope, contribute to a more fruitful exchange between the students of Leo Strauss and those of Thomas Aquinas. I Perhaps the best way to initiate an explanation of Strauss's view of the differences between classical and Thomistic natural right is to contrast the starting points of the two theories. The classical approach begins with what is said about right, with the everyday opinions that are held about what is just. From such an immediate starting point the classical approach ascends toward true knowledge through the process of dialectics. Although all people have views about what is just, in fact such opinions, when examined through friendly disputation with a philosopher, are almost always found to be self-contradictory; however, the 2 This is not to suggest that Strauss was completely ignored and rejected by the Thomists. For an overview of the Thomistic literature which has considered Strauss, see James V. Schall, "Revelation, Reason and Politics: Catholic Reflexions on Strauss," Gregorianum 62 (1981), 349-365, 467-497. s See Ernest L. Fortin, "Rational Theologians and Irrational Philosophers: A Straussian Perspective," Interpretation 12 (1984), 349-350. 4 For Strauss, the fundamental division within the history of political philosophy was between the ancients and the moderns. He understood Thomas to be in the former camp and was critical of contemporary Thomists who, under pressure from the success of modern physics, had attempted to ' modernize ' Thomas by jettisoning his teleological view of nature. See Natural Right and History, pp. 7-8; What is Political Philosophy? (Westport, Connecticut: Greenwood Press, 1959), pp. 285-6. NATURAL LAW THEORY OF THOMAS AQUINAS 217 very fact that one comes to realize that contradiction and seeks to rectify it points to the fact that human beings realize that a more comprehensive, non-contradictory view might be possible. The contradictions thus force one to ascend beyond the opinions that are at best only partially true toward an ever more consistent view, a view based on nature; if such a process could reach culmination, the culmination would constitute a statement of what is right by nature.5 The starting... (shrink)

As a leading judge of seventeenth century Scotland, Viscount Stair (1619−1695) was a significant public figure in the immediate period before the Scottish Enlightenment. Indeed, he offers a vital but often overlooked insight into the intellectual life of Scotland during his lifetime. However, as Stair never published anything specifically on moral philosophy, this article asks if it is possible to reconstruct a moral theory on his behalf based on his printed legal and theological works. On the assumption that this (...) is feasible, this article examines how Stair’s moral theory relates to the Scottish variant of natural jurisprudence. In response to these questions, the analysis offered here argues that one can constructure answers to central questions of moral philosophy from Stair’s printed works, and further that it is possible to classify his moral theory as an early example of Scottish natural jurisprudence. Although there are acknowledged challenges in reconstructing his moral theory, it is suggested by the argument below that, to fully grasp the intellectual life of seventeenth century Scotland, we may need to engage more deeply with the theological works of seventeenth century Scots as well as adopt resourceful methods to build a picture of seventeenth century ideas relating to morality. (shrink)

This article reviews the little examined early work of the Greek Marxist and state theorist, Nicos Poulantzas (1936–1979). In his first book, Nature du choses et droit of 1965, the young scholar developed a sociology of law culled from the insights of philosophical ontology. The article sets out the central claims of that book and reflects on its place in Poulantzas's intellectual development. Drawing on Heidegger, Sartre and Marx, Poulantzas proposed a species of Natural Law theory that unified (...) ‘facts’ and ‘values’ by grounding legal concepts in a theory of social praxis centred on material labour. Legal categories were thus irreducible to ahistorical essences but were, rather, expressions of mankind's struggle to realize its intrinsic freedom. As we shall see, although flawed and in key respects radically at odds with his later anti-humanism, Poulantzas's legal ontology nevertheless anticipated his mature theory of the state by setting out a philosophical sociology of the political order rooted in an anti-essentialist mode of inquiry. (shrink)

It is widely held that, in his pre-Critical works, Kant endorsed a necessitation account of laws of nature, where laws are grounded in essences or causal powers. Against this, I argue that the early Kant endorsed the priority of laws in explaining and unifying the natural world, as well as their irreducible role in in grounding natural necessity. Laws are a key constituent of Kant’s explanatory naturalism, rather than undermining it. By laying out neglected distinctions Kant (...) draws among types of natural law, grounding relations, and ontological levels, I show that his early works present a coherent and sophisticated laws-first account of the natural order. (shrink)

This impressive volume is the first attempt to look at the intertwined histories of jurisprudence and science in early modern Europe. Taking an interdisciplinary approach these articles stimulate new debate in the areas of intellectual history and the history of philosophy, as well as the natural and human sciences in general.

Roman property law and Roman contract law as well as the property centered Roman ethics put forth by Cicero in several of his works were the traditions Grotius drew upon in developing his natural rights system. While both the medieval just war tradition and Grotius's immediate political context deserve scholarly attention and constitute important influences on Grotius's natural law tenets, it is a Roman tradition of subjective legal remedies and of just war which lays claim to a (...) foundational role with regard to his conception of subjective natural rights. Grotius made use of Roman law and Roman ethics in order to submit a normative case for a rights-based just war in the East Indies. His conception of a law of nature was originally conceived to apply a theory of compensatory justice to the high seas of Southeast Asia, envisaged as a natural state lacking political authority. Eventually, however, this argument was to reveal its anti-absolutist implications, and contributed—by virtue of its applicability to individuals, private entities and commonwealths alike—to the emergence of a rights-based constitutionalism. This article discusses Grotius's early treatise De iure praedae commentarius and its offshoot Mare liberum, which already contained an inchoate version of subjective natural rights, as well as the elaborate natural rights doctrine which can be found in Grotius's early Theses LVI and in the Defensio capitis quinti maris liberi, a defense of the fifth chapter of Mare liberum, written around 1615 and directed against the Scottish jurist William Welwod's attack on Mare liberum. (shrink)

Natural law contains much social thought that predates sociology and related disciplines, and can be seen as part of the prehistory of the human sciences. Key concerns of natural law thinkers include the achievement of social life and society, and the individual’s place therein. However, there is an enduring tendency within sociology to dismiss the ahistoricism and universalism of natural law, and therefore to reject natural law thought in its entirety. This article proposes an approach that (...) rescues the sociological relevance of natural law. It draws on the respective methods of Chris Thornhill and Gary Wickham, who each seek to recover the importance of natural law for sociology. Thornhill treats natural law as a valid sociological object by focusing on its functions within society rather than engaging with its ahistorical concepts. His focus on the external functions of natural law, however, leads to a neglect of the internal conceptualisations of the social world in natural law thought. This in turn leads to a misinterpretation of Hobbes and voluntarist natural law. Wickham, on the other hand, explores in detail Hobbesian conceptions of society and the individual that Wickham argues can be utilised within contemporary sociology. This article revises Thornhill’s methodological framework in order to secure a space for the recovery of natural law as social thought. This approach allows for the recognition of natural law as an important piece of the epistemological background against which contemporary understandings of the human and society emerged. (shrink)

This book provides a critique of the three most prominent Australian "authorities" on Law and Ethics of the present day, namely John Finnis, Tracey Rowland, and Peter Singer. So far as the study of Natural Law is concerned the central figure is John Finnis. Peter Singer relates to it indirectly as adopting a position in Moral Philosophy that rejects Natural Law in any traditional sense and takes a naturalist position in a utilitarian sense. Tracey Rowland adopts a position (...) that downplays Natural Law as knowable by human reason or philosophy outside the theological order of grace. The works of these philosophers provide the occasion for bringing back into focus some of the great truths of ethical and legal philosophy and for showing up, as best as one can from within, the diabolically perilous situation for our modern culture that has developed since the general breakdown of Christian civilization now so long ago as to be practically forgotten. (shrink)

The question of when and how the basic concepts that characterize modern science arose in Western Europe has long been central to the history of science. This book examines the transition from Renaissance engineering and philosophy of nature to classical mechanics oriented on the central concept of velocity. For this new edition, the authors include a new discussion of the doctrine of proportions, an analysis of the role of traditional statics in the construction of Descartes' impact rules, and go deeper (...) into the debate between Descartes and Hobbes on the explanation of refraction. They also provide significant new material on the early development of Galileo's work on mechanics and the law of fall. (shrink)

This paper argues that throughout his intellectual career, Hobbes remains unsatisfied with his own attempts at proving the invariant advisability of contract-keeping. Not only does he see himself forced to abandon his early idea that contractual obligation is a matter of physical laws. He also develops and retains doubts concerning its theoretical successor, the doctrine that the obligatoriness characteristic of contracts is the interest in self-preservation in alliance with instrumental reason - i.e. prudence. In fact, it is during his (...) work on Leviathan that Hobbes notes the doctrine's main shortcoming, namely the limitation of its dialectical potential to cases in which contract-breakers are publicly identifiable. This essay shows Hobbes's doubts about his Leviathan's treatment of contractual obligation by way of a close reading of its central 15 th chapter and an analysis of some revealing shifts between the English Leviathan and the Latin edition. The paper ends by suggesting that Hobbes's awareness of the flaws at the heart of his political philosophy helps account for some striking changes in his latest writings. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:AN EARLY ACCOUNT OF DAVID HUME In New Letters of David Hume, Professor Klibansky and Mossner lamented the "dearth of information on Hume's early development". Though some new facts and documents have emerged since 1954, the early period of Hume's life, to 1740, remains the most obscure. The account of Hume in 1740 presented below adds nothing to our knowledge of the evolution of Hume's philosophy, (...) but it does give us an interesting picture of the young philosopher in society, and it suggests that those traits of character which later earned him the title of "le bon David" were already in evidence. The sketch below stresses, as many of his friends and adversaries were later to do, the divergence between the detached scepticism of his writings and his amiable engagement in the social life of a company. And if we take seriously the report that Hume was left in charge of the domestic "oeconomy" in the family he was visiting at Richmond, we might see this as foreshadowing his solicitude over, and constant interest in, the management of his own household and financial affairs in later years. The account printed here is an extract from a letter by William Mure of Caldwell to his sister Agnes, 2 dated "Richmond June 5th 1740". Mure has long been recognized as one of Hume's most intimate friends: Hume himself summed up the relationship when he wrote, on Mure' s death in 1776, "The Baron was among the oldest and best Friends I had 3 in the World." The document published here constitutes the earliest concrete evidence of their friendship yet recovered, ante-dating Hume's first published letter to Mure by more than two years. It appears that the two men were spending the summer of 17 40 in or near London, and possibly both staying at the house of some mutual friend. Mure had at this time just finished his study of law at Edinburgh University, and would probably have been vacationing in 79 London eri route to Leyden, where he was to complete his legal training. Hume may have been in the capital preparing to see Book III of his A Treatise of Human Nature, "Of Morals", through the press: it was published in November 1740. This, and the first two books of the Treatise, which had been published in 1739, were presumably the writings which he discussed with the company at Richmond. We have been here now these ten days, and pass our time in a very agreeable way, we have our aountrey man Mr. Hume the author of the Metaphysical books 7 that you heard so much of last summer as a party in our retirement, he is a very sensible young fellow and extreamly curious in most parts of learning and how much soever he has shown himself a Sceptick upon subjects of speculation and enquiry, he is as far from it as any man with regard to the qualities of a well natured friendly disposition, and an honest heart which are no doubt of greater consequence to the intrinsick worth of a character than any abstract opinions whatever. As he is very communicative of all his knowledge we have a great deal from him in the way of dispute and argument, and not a little too in the way of plain information we reason upon every point with the greatest freedom, even his own books, (which we are working at at present) we canvass with ease, and attack him boldly whereever we can get the least hold of him, and question or contradict his most favourite notions; all this goes on with thè greatest good humour, and affords us entertainment both within doors, and in the feilds at our walks in this delightful country, which is the finest that one can possibly imagine, and has the preference by people that has travel'd throw most of Europe, to any they ever saw. We make use of our Philosopher too in another way less becoming the dignity of his Character, as- we 80 keep family within ourselves, he provides the necessaries of household (¡economy and manages all the affairs of house keeping. From these... (shrink)

In this paper, I argue that Berkeley was a theological voluntarist in the Siris. I define theological voluntarism as the view that the divine will has conceptual priority over the intellect, implying serious ramifications for the modal status of the laws of nature. I identify four theses that are required to call Berkeley a full-blown voluntarist and show that we find all of them in the Siris: (i) God’s indifferent, arbitrary and free will enjoys conceptual priority over his intellectual functions; (...) (ii) nature is directly guided by, and its laws are grounded in, God’s will, meaning not only that physical things have no causal powers or essences which could ground the laws of nature; but also that (iii) God creates and maintains the physical world in accordance with law-like patterns of the phenomena arbitrarily established by particular divine volitions. As a consequence, (iv) whatever we can know about the metaphysically contingent laws of nature we know through induction from our limited experience. The Siris is particularly interesting from the perspective of voluntarism underlying these views, as, due to the alleged discontinuities with the early works and its Platonic tendencies in general, it seems to be the worst candidate for such an interpretation. In what follows, my principal aim is to show how wrong this appearance is, and that the voluntarist views Berkeley put forward in the Siris concerning the divine nature, the God-world relation, the laws of nature and the proper scientific methodology link it very naturally to his earlier considerations. (shrink)

Collects ten essays on Germain Grisez's writings. Topics include the scriptural basis of Grisez's revision of moral theology, contraception, Grisez's metaphysical work, capital punishment, and the political common good in Aquinas. The book includes a response by Grisez and Joseph Boyle, Jr. to the e.

The work of women philosophers in the early modern period has traditionally been overlooked, yet their writing on topics such as reality, time, mind and matter holds valuable lessons for our understanding of metaphysics and its history. This volume of new essays explores the work of nine key female figures: Bathsua Makin, Anna Maria van Schurman, Elisabeth of Bohemia, Margaret Cavendish, Anne Conway, Damaris Cudworth Masham, Mary Astell, Catharine Trotter Cockburn, and Émilie Du Châtelet. Investigating issues from eternity to (...) free will and from body to natural laws, the essays uncover long-neglected perspectives and demonstrate their importance for philosophical debates, both then and now. Combining careful philosophical analysis with discussion of the intellectual and historical context of each thinker, they will set the agenda for future enquiry and will appeal to scholars and students of the history of metaphysics, science, religion and feminism. (shrink)

In this article I ask how fruitful the concept of alienation can be for thinking critically about the nature and causes of the contemporary environmental crisis. The concept of alienation enables us to claim that modern human beings have become alienated or estranged from nature and need to become reconciled with it. Yet reconciliation has often been understood—notably by Hegel and Marx—as the state of being ‘at-home-with-oneself-in-the-world’, in the name of which we are entitled, perhaps even obliged, to overcome anything (...) in nature that is alien to the human mind. This approach to alienation derives ultimately from the German Idealist philosopher J. G. Fichte. I explore an alternative conception of alienation and reconciliation to be found in the work of the Early German Romantics, especially Friedrich Schlegel and Novalis. The Romantics think of reconciliation as including a dimension of alienation, in the form of an awareness that nature is greater than and exceeds the understanding of human beings, insofar as we are merely limited parts of the all-encompassing whole that is nature. I argue that this is a more fruitful approach to alienation and reconciliation than that pursued by Fichte, Hegel, and Marx. (shrink)

Abstract:Early modern efforts to justify warfare entailed serious reflection on the relationship between Christianity and nature or natural law. Those working in a Thomist tradition could draw on a concept of natural law as an ethical system distinct from Christianity; others rejected that concept, working instead to show that warfare could form part of the duties of Christians. All sides recognized the tension between the words of Christ and the demands of human political life, especially when it (...) came to defending military activity. That tension produced creative discussions of natural law, political thought, and theology, in the universities and beyond. (shrink)

My dissertation comprises three inter-related chapters, all of which explore the nature of work law and critically analyze the prevailing emphasis on matters of contract. The Escape Plans of Mill and Jefferson: I discuss these thinkers’ unsuccessful “escape plans” to minimize wage work. Mill advocated cooperative, worker-owned firms, while Jefferson favored farming the vast American frontier. I explore whether, if realized, either proposal would have satisfied the demands of justice. I argue that such proposals are normatively deficient because they lead (...) us mistakenly to assume that so long as the law provides alternatives to wage labor, it can justly leave work relationships in an unregulated, Dickensian state. In reply, I contend that we have no just alternative to engaging in the messy and difficult task of regulating the workplace. Revising the Roles of Master and Servant: I critically examine the claim that work law is best understood as part of contract law, arguing that this view is neither descriptively nor normatively instructive. Rather than understanding work law as a set of restraints on freedom of contract, we should see it as creating and defining special relationships, much like the codified definitions of marriages and corporations. I trace the development of work relationships through the common law of “master and servant” and more recent statutory modifications. I argue that the history and present form of work law are not consistent with the contract-centered view of work law as “interfering” with an otherwise free labor market. Competing Ideologies and the End of the Lochner Era: I examine Howard Gillman’s critique of the view that early-20th Century Supreme Court Justices sought to advance policy preferences rather than interpret the law. Gillman reconstructs the legal basis for their decisions, thus undermining the claim that they merely pursued laissez faire policies. However, Gillman then claims that the Justices who overruled liberty-of-contract in West Coast Hotel had no principled basis for their decisions. In response, I argue that West Coast Hotel was not only based on a plausible interpretation of constitutional law, but also the best outcome with respect to justice. (shrink)

In Causation & Laws of Nature in Early Modern Philosophy, Walter Ott offers us a fascinating account of the development of theories of causation and laws of nature in the early modern period. The central theme of the book traces the development of two approaches to causation in the period: the “top-down analysis” and the “bottom-up analysis.” According to the former approach, the laws of nature are not “fixed by the natures of the objects they govern.” Rather, the (...) content of the laws of nature depends solely on God and the contents of God’s will . The latter approach, on the other hand, holds that the “course of nature is fixed by the properties of created beings” . On this approach, a fire’s burning, for example, is a function of the powers of the fire and the wood, not the will of God. Ott treats Descartes and Malebranche as paradigm cases of the top-down approach, and Locke and Pierre-Sylvain Regis as examples of the bottom-up approach, with Boyle displaying hints of both approaches.Central to Ott’s treatment is situating the early modern debate in the context of the dominant Aristotelian Scholastic position on causation . Ott argues that the Scholastic position was, among other things, a bottom-up view that treated true. (shrink)

This chapter contains sections titled: Introduction Religious Knowledge: Skepticism, Fideism, Reasonableness Atheism and Deism Science and Religion Biblical Criticism and the History of Religion Materialism and Immaterialism God, Space, and Time Creation, Freedom, and Laws of Nature Works cited.

The Amaraughaprabodha is a Sanskrit Śaiva yoga text attributed by its colophons to Gorakṣanātha. It was first published by Kalyani Devi Mallik in 1954 and has been discussed in various secondary sources. Most notably, Christian Bouy identified this work as a source text for the Haṭhapradīpikā of Svātmārāma. This article presents new manuscript evidence for a shorter recension of the Amaraughaprabodha than the one published by Mallik. Comparing the differences between the short and long recensions reveals that the structure of (...) the shorter one is more cohesive and closer to the original design of the work. The close relationship of the Amaraughaprabodha's short recension with an eleventh-century Vajrayāna work on yoga called the Amṛtasiddhi provides unique insights into how early teachings on Haṭhayoga were formulated. Although the practice of the physical techniques is largely the same in both texts, the author of the Amaraughaprabodha removed or obscured Vajrayāna terminology, added Śaiva metaphysics and framed Haṭhayoga as subordinate to a Śaiva yoga known as Rājayoga. This article proposes that the Amaraughaprabodha's short recension is probably the earliest known work to combine Haṭha- with Rājayoga, on the basis of this recension’s close relationship with the Amṛtasiddhi, its rudimentary nature and the likelihood that Svātmārāma used it, and not the long recension, for composing the Haṭhapradīpikā. (shrink)

In the research on the Early Modern Period distributed among various disciplines – history, religion, philosophy, law, literature –, there is no doubt that Samuel Pufendorf (1632–1694) was one of the outstanding representatives of modern, secular natural law, whose work had an impact over a century that can hardly be overestimated. When did the research development associated with Pufendorf’s name begin? The article examines this question from the perspective of history of science using the example of the jurisprudence (...) dissertation of Hans Welzel (1904–1977), which appeared in a partial print in the DVjs in 1931. (shrink)

The Protestant reception both of Aristotle and of the concept of natural law have been the object of renewed attention. The present article aims at a cross-fertilization of these two recoveries: did a specifically Aristotelian approach to natural law play a significant role in classical Protestant thought? The article answers this question by means of a review of the Protestant commentaries on Aristotle’s natural law-passage in Nicomachean Ethics V, 7. Reformation and post-Reformation scholars sometimes offered original readings (...) of this text, but above all they cultivated the various approaches to the passage that had been developed during the medieval period. (shrink)

Natural Law and Natural Rights is widely recognised as a seminal contribution to the philosophy of law, and an essential reference point for all students of the subject. This new edition includes a substantial postscript by the author responding to thirty years of comment, criticism, and further work in the field.

In its most venal manifestation, scholarly writing betrays the anxiety of influence by claiming to offer a radically new solution to age-old conundrums. The goal is to make a clean break from a traditional path of thought that has become trapped in a cul-de-sac, to make progress by finding a new way forward. Not so with Jean Porter’s work, and particularly her most recent book. Professor Porter demonstrates that thinking through an established tradition – one that has responded to numerous (...) challenges within very different contexts over several millennia – can sometimes offer the most productive response to contemporary dilemmas. She rejects the Sirens’ lure to make a sharp break from received traditions. Instead, she chooses to engage the natural law philosophy of the early Scholastic period from our contemporary perspective and its attendant problems. This provides helpful resources to deal with these contemporary dilemmas, but it also opens new possibilities for the development of natural law thinking. The resulting book, Ministers of the Law, is erudite, artfully presented, and provocative. In this article I view Professor Porter’s successful resuscitation of a plausible account of natural law through a particular lens. My thesis is that we can productively extend her work by more strongly acknowledging the hermeneutical and rhetorical nature of law. This may seem paradoxical, if not incoherent, in light of the common understanding that contemporary hermeneutical and rhetorical philosophy participates in the postmodern critique of rationality. Although many might assume that natural law is wholly at odds with hermeneutical philosophy and rhetorical theory, I argue that the case is just the opposite. Professor Porter acknowledges that rhetorical persuasion is at the center of the practices that gird the natural law tradition, but we should strengthen this acknowledgment to the point of embracing fully the theoretical commitments of contemporary hermeneutical and rhetorical theorists. My discussion is divided into three parts. First, I survey Professor Porter’s argument and establish that she regards hermeneutical and rhetorical practices as critical features of her natural law account. Next, I adumbrate a hermeneutical-rhetorical understanding of natural law that builds on my previous work. Finally, I explore how this account expands and deepens Professor Porter’s natural law account of legal authority. I conclude that we should recognize law’s hermeneutical and rhetorical nature, but that Porter has demonstrated the necessity of taking into account the Scholastics’ natural law philosophy as part of this project. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Human Nature in Early Franciscan Thought: Philosophical Background and Theological Significance by Lydia SCHUMACHERJohn Marshall DiamondSCHUMACHER, Lydia. Human Nature in Early Franciscan Thought: Philosophical Background and Theological Significance. Cambridge: Cambridge University Press, 2023. xiv + 343 pp. Cloth, $120.00Lydia Schumacher’s recent work, Human Nature in Early Franciscan Thought: Philosophical Background and Theological Significance, is a welcome contribution to the study of the development of scholastic (...) thought on the subject of human nature. Schumacher’s work explores the various facets of theological anthropology in the first half of the thirteenth century by focusing primarily on scholars belonging to the Franciscan Order such as Philip the Chancellor, Alexander of Hales, and William of Auvergne, as well as early Dominican scholars such as Roland of Cremona and Hugh of St. Cher. Of central focus in the study is John of La Rochelle, whom the author notes “was the only member of his generation to deal robustly and comprehensively” with not only traditional questions on the soul but also matters of philosophy that had previously been considered beyond the purview of the theologian, topics that included the processes of the body and the psychological makeup of the human being. In addition, John was among the first to embrace the newly translated Arabic sources into his work, most notably the writings of Avicenna.The work is divided into eleven chapters, the first four of which provide a theological background on various authors and their views on the relation between the body and soul and the powers of the soul. The fifth and sixth chapters focus on two works of John of La Rochelle, the Tractatus and the Summa de anima, followed by a study of the reception of Averroes in the first half of the thirteenth century. The work concludes with chapters on the cognitive powers, the affections, free choice, and angels. Schumacher’s study is thorough, providing robust examinations of the individuals and topics, even those who are not central to the study, such as Roland of Cremona and Guerric of St. Quentin. [End Page 161]The book is well written and clearly elucidates the complex schemas of the topics at hand, particularly the nature of the intellect. This is particularly evident in the middle chapters, which examine the ideas of John of La Rochelle, in whose works one finds a multifaceted account of the human intellect. In addition, Schumacher notes an interesting facet of John’s view of cognition, according to which “the mind ‘predetermines’ or influences its understanding of the world.” Thus John’s theory of the act of human rationality, as Schumacher summarizes it, is “arguably achieved at the level of perception, and perception, in turn, is permeated and guided by reason’s quest to know the ‘thing in itself’ apart from matter.” John’s view is then briefly compared to that of William of Auvergne, who argued that perception is “virtually irrelevant” for human understanding. This comparison underscores the rifts that took place during the development of early thirteenth-century thought regarding the nature and function of the intellect as it underwent a profound change from traditionally Augustinian ideas to attempts to reconcile the former with the ideas found in the newly available works of Aristotle and his Arab commentators, namely, Avicenna.The only criticism one might have is that, at times, the chapters seem out of order. For example, after the two chapters that deal extensively with the works of John of La Rochelle, the following chapter is “The Reception of Averroes in Early Scholasticism,” which examines the possible sources “of the three-fold intellectual schema” that is found in John of La Rochelle’s works. Possible sources include not only Averroes but also Aristotle and Alexander of Aphrodisias, as well as two anonymous works that John knew and utilized. The chapter itself is presented effectively but makes the work feel somewhat disjointed. On occasion, readers might also find themselves wondering if Schumacher uses John of La Rochelle as a primary example of Franciscan thought in the early thirteenth century, or if the book is indeed about him, and the other figures are considered only to better explain John’s preceding and current... (shrink)

This is the standard editon of John Locke's classic early work Essays on the Law of Nature. Also included are selected shorter philosophical writings from the 1660s, unpublished elsewhere, whose topics include happiness, pleasure and pain, faith and reason. The great Locke scholar W. von Leyden introduces each of these works, setting them in their historical context. This volume is an invaluable source for Locke's early thought, of interest to philosophers, political theorists, jurists, theologians, and historians.