The Concept of Natural Law and its Development in the History of Moral Philosophy

Utilitas ◽  
1993 ◽  
Vol 5 (2) ◽  
pp. 185-207 ◽  
Author(s):  
J. B. Schneewind

The ‘modern’ natural law philosophers of the seventeenth century believed that conflict was an unavoidable concomitant of human intercourse, rooted in our nature. They understood the normative laws of nature as serving the purpose of setting the limits within which conflict is compatible with lasting social cooperation, thus showing, in effect, how warfare can be turned into competition. The natural lawyers were interested primarily in legal and political problems, not in ethics. But in order to provide reasoned approaches to immediate practical issues, they had to move to a level of abstract theorizing at which philosophical claims about morality were unavoidable. Natural law theory with its understanding of the central underlying problem of human sociability dominated seventeenth-century practical philosophy, and the solutions its various proponents offered generated many of the central concerns of what we know as moral philosophy.


Mediaevistik ◽  
2018 ◽  
Vol 31 (1) ◽  
pp. 318-320
Author(s):  
Scott L. Taylor

Saccenti’s volume belongs to the category of Begriffsgeschichte, the history of concepts, and more particularly to the debate over the existence or nonexistence of a conceptual shift in ius naturale to encompass a subjective notion of natural rights. The author argues that this issue became particularly relevant in mid-twentieth century, first, because of the desire to delimit the totalitarian implications of legal positivism chez Hans Kelsen; second, in response to Lovejoy’s The Great Chain of Being and its progeny; and third, as a result of a revival of neo-Thomistic and neo-scholastic perspectives sometimes labelled “une nouvelle chrétienté.”


Book Reviews: Studies in Sociology, Race Mixture, Hunger and Work in a Savage Tribe, Interpretations, 1931–1932, Faith, Hope and Charity in Primitive Religion, Genetic Principles in Medicine and Social Science, The Reorganisation of Education in China, Social Decay and Eugenical Reform, The Social and Political Ideas of Some Representative Thinkers of the Revolutionary Era, L. T. Hobhouse, His Life and Work, Corner of England, World Agriculture—An International Study, Small-Town Stuff, Methods of Social Study, Does History Repeat Itself? The New Morality, Culture and Progress, Language and Languages: An Introduction to Linguistics, The Theory of Wages, The Santa Clara Valley, California, Social Psychology, A History of Fire and Flame, Sin and New Psychology, Sociology and Education, Mental Subnormality and the Local Community: Am Outline or a Practical Program, Tyneside Council op Social Service, Reconstruction and Education in Rural India, The Contribution of the English Le Play School to Rural Sociology, Kagami Kenkyu Hokoku, President's, Pioneer Settlement: Co-Operative Studies, Birth Control and Public Health, Pioneer Settlement: Co-Operative Studies, Ourselves and the World: The Making of an American Citizen, The Emergence of the Social Sciences from Moral Philosophy, The Comparable Interests of the Old Moral Philosophy and the Modern Social Sciences, The World in Agony, Sheffield Social Survey Committee, Housing Problems in Liverpool, Council for the Preservation of Rural England, Forest Land Use in Wisconsin, The Growth Cycle of the Farm Family, The Farmer's Guide to Agricultural Research in 1931, A History of the Public Library Movement in Great Britain and Ireland, The Retirement of National Debts, Public and Private Operation of Railways in Brazil, The Indian Minorities Problem, The Meaning of the Manchurian Crisis, The Drama of the Kingdom, Social Psychology, Competition in the American Tobacco Industry, New York School Centers and Their Community Policy, Desertion of Alabama Troops from the Confederate Army, Plans for City Police Jails and Village Lockups

1933 ◽  
Vol a25 (1) ◽  
pp. 72-109
Author(s):  
R. R. Marbtt ◽  
E. E. Evans-Pritchard ◽  
E. O. Jambs ◽  
Florence Ayscough ◽  
C. H. Desch ◽  
...  

Author(s):  
Michael C. Hawley

By any metric, Cicero’s works are some of the most widely read in the history of Western thought. This book suggests that perhaps Cicero’s most lasting and significant contribution to philosophy lies in helping to inspire the development of liberalism. Individual rights, the protection of private property, and political legitimacy based on the consent of the governed are often taken to be among early modern liberalism’s unique innovations and part of its rebellion against classical thought. However, this book demonstrates that Cicero’s thought played a central role in shaping and inspiring the liberal republican project. Cicero argued that liberty for individuals could arise only in a res publica in which the claims of the people to be sovereign were somehow united with a commitment to universal moral law, which limits what the people can rightfully do. Figures such as Hugo Grotius, John Locke, and John Adams sought to work through the tensions in Cicero’s vision, laying the groundwork for a theory of politics in which the freedom of the individual and the people’s collective right to rule were mediated by natural law. This book traces the development of this intellectual tradition from Cicero’s original articulation through the American founding. It concludes by exploring how modern political ideas remain dependent on the conception of just politics first elaborated by Rome’s great philosopher-statesman.


2012 ◽  
Vol 23 (3) ◽  
pp. 199-217
Author(s):  
Vanja Radakovic

In the history of philosophy, Jean-Jacques Rousseau is mainly considered as an atypical philosopher of the Enlightenment, as a pioneer of the revolutionary idea of a free civilian state and natural law; in literary history, he is considered the forerunner of Romanticism, the writer who perfected the form of an epistolary novel, as well as a sentimentalist. However, this paper focuses on the biographical approach, which was mostly excluded in observation of those works revealing Rousseau as the originator of the autobiographical novelistic genre. The subject of this paper is the issue of credibility of self-portraits, and through this problem it highlights the facts from the author?s life. This paper relies on a biographical approach, not in the positivistic sense but in the phenomenological key. This paper is mainly inspired by the works of the Geneva School theorists - Starobinski, Poulet and Rousset.


Philosophy ◽  
1926 ◽  
Vol 1 (2) ◽  
pp. 171-182
Author(s):  
A. D. Lindsay

In the history of English Idealism in the nineteenth century a great place must be given to the work of two men who held the chair of Moral Philosophy in the University of Glasgow for two periods of twenty-eight years, from 1866 to 1922, Edward Caird and Henry Jones.


Author(s):  
Annabel S. Brett

This chapter explores the concept of natural law, turning first to the Protestant milieu. Alterity—what would in the seventeenth century come to be theorized, and problematized, as “sociability”—is the dominant mood of the humanist and Protestant handling of natural law. It is there even in Thomas Hobbes, whose natural law coincides with moral philosophy and concerns the sphere of one's actions in respect of others. However, the Catholic scholastic tradition presents a very different framing of natural law, one that centers on individual agency and regulates the behavior of individual agents in their aspect as beings of a particular kind. While authors in this tradition grapple equally with the question of animal behavior in relation to law, they do not do so from the social perspective that characterizes Protestant humanist Aristotelians and jurists.


Author(s):  
Sarah Mortimer

The period 1517–1625 was crucial for the development of political thought. During this time of expanding empires, religious upheaval, and social change, new ideas about the organization and purpose of human communities began to be debated. In particular, there was a concern to understand the political or civil community as bounded, limited in geographical terms and with its own particular structures, characteristics, and history. There was also a growing focus, in the wake of the Reformation, on civil or political authority as distinct from the church or religious authority. To explain these new ideas about political power, the concept of sovereignty began to be used, alongside a new language of reason of state. Yet political theories based upon religion still maintained significant traction, particularly claims for the divine right of kings. In the midst of these developments, the language of natural law became increasingly important as a means of legitimizing political power; natural law provided a rationale for earthly authority that was separate from Christianity and its use enabled new arguments for religious toleration. This book offers a new reading of early modern political thought, drawing on a wide range of sources from Europe and beyond. It makes connections between Christian Europe and the Muslim societies that lay to its south and east, showing the extent to which concerns about the legitimacy of political power were shared. It demonstrates that the history of political thought can both benefit from, and remain distinctive within, the wider field of intellectual history.


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