The Non-normative Nature of Hobbesian Natural Law

2009 ◽  
Vol 22 (1) ◽  
pp. 3-28 ◽  
Author(s):  
Gary Herbert

AbstractIn this paper, I attempt to defend an older, non-normative approach to Hobbes's philosophy. I argue, against recent theories that maintain Hobbes's philosophy contains a normative theory of human behavior “which prescribes proper or morally permissible modes of action both within civil society and outside it”, that Hobbesian natural right and natural law are not normative postulates of a moral (normative) theory of political obligation but, rather, were considered by Hobbes to be, in the case of natural right, empirically verifiable hypotheses about human nature, and in the case of the laws of nature, nothing more than rationally consistent principles of natural self-interest, or the logic of natural right, based on the principles of Hobbes's physics and psychology.

2018 ◽  
Vol 45 (2) ◽  
pp. 254-269 ◽  
Author(s):  
Olga Stavrova ◽  
Daniel Ehlebracht

Cynicism refers to a negative appraisal of human nature—a belief that self-interest is the ultimate motive guiding human behavior. We explored laypersons’ beliefs about cynicism and competence and to what extent these beliefs correspond to reality. Four studies showed that laypeople tend to believe in cynical individuals’ cognitive superiority. A further three studies based on the data of about 200,000 individuals from 30 countries debunked these lay beliefs as illusionary by revealing that cynical (vs. less cynical) individuals generally do worse on cognitive ability and academic competency tasks. Cross-cultural analyses showed that competent individuals held contingent attitudes and endorsed cynicism only if it was warranted in a given sociocultural environment. Less competent individuals embraced cynicism unconditionally, suggesting that—at low levels of competence—holding a cynical worldview might represent an adaptive default strategy to avoid the potential costs of falling prey to others’ cunning.


1926 ◽  
Vol 20 (3) ◽  
pp. 524-547
Author(s):  
B. F. Wright

When James Otis in 1764 declared that government “has an everlasting foundation in the unchangeable will of God, the author of nature, whose laws never vary,” and that “there can be no prescription old enough to supersede the law of nature and the grant of God Almighty, who has given to all men a natural right to be free,” he was at once making use of one of the oldest and most important conceptions in the history of political thought and giving to that concept a distinctly American meaning. His was merely one of the earliest examples in this country of a kind of political theory which was to find reflection in the Declaration of Independence in one generation, in the higher law doctrine in another, and in a famous trilogy of decisions of the Supreme Court in still a third. However, the natural-rights theory is by no means the only usage found for the natural-law concept in the political thought of this country, and it is the purpose of this paper to trace briefly the various interpretations placed upon it and the different forms through which it has passed.It is easy enough to say that natural law has meant just what the individual theorist desired to have it mean; for its content has varied from philosophical anarchy to paternalistic aristocracy, and from the assertion of strongly individualistic democracy to the defence of highly centralized government. But this statement does not dispose of the problem. It is necessary to know why and when these varying interpretations were advanced and what their exponents meant when they spoke so confidently of the laws of nature.


Public Voices ◽  
2017 ◽  
Vol 3 (2) ◽  
pp. 35
Author(s):  
R. Philip Brown

The modem American ethos is a brand of Lockean individualism gone wrong that now embraces rapacious self-interest as its prime meridian. A new ethicalmodel is necessary to combat this radical, soulless, and excessively particularistic form of individualism. The author proposes a journeyman philosophy of organization and governance for citizen and administrative practitioner alike based upon concepts from quantum theory. This normative model of administration, called authentic individualism, has certain ramifications for a more reflexive, creative and unorthodox approach to public administration. All institutions and organizations are systems guided by general organizing principles that should discard the humans as a resource model, make employee well-being an organizational purpose, encourage humans toward a sense of moral meaning in life and work, recognize legitimate leadership as emerging from the people who make up the organization, and fulfill obligations to the community that supports them and makes them successful.


2015 ◽  
Vol 22 (1-2) ◽  
pp. 45-81 ◽  
Author(s):  
Andrew F. March

This essay discusses an important feature of much modern Islamic writing on law, politics and morality. The feature in question is the claim that Islamic law and human nature (fiṭra) are in perfect harmony, that Islam is the “natural religion” (dīn al-fiṭra), and thus that the demands of Islamic law are easy and painless for ordinary human moral capacities. My discussion proceeds through a close reading of the Moroccan independence leader and religious scholar ʿAllāl al-Fāsī (d. 1974). I discuss the ambiguities within Fāsī’s theory and suggest that the natural religion doctrine might be better understood less as a reduction of Islamic law to “natural law” and more as an apologetic effort to defend the realism and feasibility of Islamic law. In the hands of reformers like Fāsī, this project is beset with unresolved ambiguities around the constraining quality of revealed law in practice and the moral validity of non-Islamic political and ethical systems.



2016 ◽  
Vol 28 (4) ◽  
pp. 523-534
Author(s):  
Jean Rhéaume

At least two important consequences follow from the fact that human rights are based on human nature. First, they exist according to natural law even in cases where positive law does not recognize them. Secondly, they cannot evolve because the nature and purpose of the human being does not change: only their formulation and level of protection in positive law can vary according to the socio-historical context.


2014 ◽  
Vol 67 (4) ◽  
pp. 414-435 ◽  
Author(s):  
Jennifer A. Herdt

AbstractRecent scholarship has done much to uncover a continuous tradition of distinctively Reformed natural law reflection, according to which knowledge of the natural moral law, though not saving knowledge, is universally available to humanity in its fallen state and makes a stable secular order possible. A close look at Calvin's understanding of natural law, and in particular of conscience and natural human instincts, shows that Calvin himself did not expect the natural law to serve as a source of substantive action-guiding moral norms. First, Calvin held that conscience delivers information concerning the moral quality even of individual actions. But he also thought that we often blind ourselves to the deliverances of conscience. Second, he argued that our natural instincts predispose us to civic order and fair dealing insofar as these are necessary for the natural well-being or advantage of creatures such as ourselves. But he also carefully distinguished the good of advantage from the good of justice or virtue. The modern natural lawyers eroded Calvin's careful distinction between conscience as revealing our duty as duty, and instinct as guiding us towards natural advantage. They also turned away from Calvin's insistence on the moral incapacity of unredeemed humanity. The modern natural lawyers saw their task as one of developing an empirical science of human nature to guide legislation and shape international law, bracketing questions of whether this nature was fallen and in need of redemption. When Scottish Presbyterian Reformed thinkers, such as Gershom Carmichael and John Witherspoon, tried in diverse ways to restore eroded Reformed commitments to the science of human nature, about which they were otherwise so enthusiastic, they were not particularly successful. A science which could derive moral norms from an examination of human instincts, and a conscience which could deliver universal moral knowledge, proved too attractive to decline simply because of the transcendence of God or the fallenness of humankind. Those who wished to preserve an account of natural law which remained faithful to a fully robust set of Reformed theological commitments could do so only by refusing to regard the natural law as a positive source of moral knowledge.


Author(s):  
Stephen Connelly

The concept of power has been a major feature of natural law theories. It evolved over the course of several centuries and was arguably the defining notion in both Hobbes’ and Spinoza’s doctrines of natural right. Yet Leibniz appears to effect a reversal in this millennium-long trajectory and demotes power to a derivative term of his philosophy. What was the rationale behind this radical change? And what does this reversal mean for the philosophy that follows?


2019 ◽  
pp. 144078331988829
Author(s):  
Louise Humpage

Qualitative life-history narratives investigating the portability of political and civil society beliefs/behaviours of 42 New Zealand returnees help us to understand why some citizens engage in political and civil society activities while living overseas and on return. Personal beliefs such as civic duty, rights and self-interest are strongly associated with the portability of political and civil society behaviours. Yet findings also support theories of exposure, indicating that political/civil society learning can occur across the ‘migration life course’ and challenge resistance theory arguments that a break in participation inhibits political engagement later in life. Although civil society engagement is shaped more by self-interest than altruism overall, most returnees failed to volunteer as a way of better integrating on their return as many had overseas. Thus, the ‘ home’ context can inhibit citizenship engagement, reducing the benefits New Zealand could reap from exposure to new ideas, places and people while overseas.


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