Thomas More, Abraham Lincoln and the Natural Law

R.T Murphy

doi:10.3366/more.1966.3.4.7

Show the Heavens More Just: Ordering Society in Utopia, King Lear, and The Tempest

Moreana ◽

10.3366/more.2008.45.2.10 ◽

2008 ◽

Vol 45 (Number 174) (2) ◽

pp. 193-210

Author(s):

Arthur Kincaid

Keyword(s):

Sense Of Community ◽

Natural Law ◽

Active Participation ◽

King Lear ◽

Thomas More ◽

The Tempest ◽

Legal Problems ◽

The Way

Using essentially dramatic methods, creating an imaginary country, and setting up moral tension by having characters interact in a realm of complex ideas, Thomas More in Utopia draws the reader into active participation. Later, Shakespeare carries forward some of the ideas introduced in Utopia. In King Lear he responds to similar social and legal problems, and in The Tempest, inspired like More by recent discoveries of new lands, invents a strange world. Using georgic or pastoral dimensions, both authors explore the nature/nurture theme. While implying Christian ideals, More sets his fictive world outside Christianity, introducing it explicitly as the work reaches its conclusion - a technique Shakespeare echoes. By stimulating imaginative sympathy in their audience, these works open the way to a sense of community which accords with natural law.

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EVOLUTION OF THE FORMATION OF THE DISCRIMINATION CONCEPT IN THE ANCIENT AND MEDIEVAL PERIODS

The Journal of V. N. Karazin Kharkiv National University, Series "Law" ◽

10.26565/2075-1834-2020-30-02 ◽

2020 ◽

Keyword(s):

Middle Ages ◽

Natural Law ◽

Catholic Church ◽

Legal Status ◽

Legal Regulation ◽

Thomas More ◽

Legal Thought ◽

Research Problems ◽

Type Size ◽

Definition Of

Introduction. The article considers the question of the formation of inequality in legal regulation, highlighting different periods of historical development of society. It is noted that the term «discrimination» as such was not described by philosophers of the ancient period, but it is noted that inequality existed at all times, as indicated by historical and legal experience. It is the theory of non-discrimination formed within the framework of natural law theory, the principles of equality and justice, so for the modern study of the topic is important its historical and genetic analysis of the origins of discussing the issue in the early stages of state and legal thought. Relevance. The definition of discrimination and the phenomenon of inequality as such remains popular at any historical time in various socio-political circumstances, as it can be traced at all stages of society. Only some of its forms were considered and the ideas of equality and justice for all people were traced, which makes it difficult to form a unified view of the concept of discrimination and at the same time determines the relevance of this article. The purpose of the article is the features of the philosophical and legal thought of the Ancient and Middle Ages periods, concerning inequality in society and discrimination. Research methods. Solving research problems requires a solid methodological basis. General philosophical methods were used - logical, systemic, special-scientific, historical-genetic and formal-logical. The content of the main results of the article. The term «discrimination» was not described by philosophers of the ancient period, but the phenomenon of inequality existed at all times. Plato in his reasoning described the «ideal» state, distinguishing three classes, Aristotle – divided society into rich, middle and poor classes. The ideas of equality of citizens were described by Cicero (equal opportunities, except for property status), Seneca (ideas of spiritual freedom and equality), Epictetus (natural law principle), Aurelius Augustine, etc. Bogomilism (one of the first great heretical movements), the heresy of the Cathars, the Waldenses, the Albigensians, as well as the bourgeois and peasant-plebeian heresies are considered. The teachings of John Wycliffe on refuting the canonical doctrine of the Catholic Church, the utopian theories of Thomas More and Tommaso Campanella are considered. Conclusions. The concept of discrimination was formed and considered gradually. Inequality between people was observed in the ancient world, because the legal status of a citizen depended in ancient policies on a particular type, size of land or income that a person received from him. Therefore, inequality between different strata of society originated in ancient times, as exemplified by the prohibition of interclass marriages. During the Middle Ages, the phenomenon of discrimination continued its formation on the principle of equality, due to restrictions on the rights of certain social groups and by perpetuating certain types of inequality.

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The Nature of the Commonwealth

10.1093/oso/9780199674886.003.0003 ◽

2021 ◽

pp. 42-62

Author(s):

Sarah Mortimer

Keyword(s):

Natural Law ◽

Political Power ◽

The State ◽

Niccolo Machiavelli ◽

Thomas More ◽

Niccolò Machiavelli ◽

Political Communities ◽

The Relationship ◽

The Church ◽

Alternative Ideas

An important catalyst for the upsurge of interest in analysing earthly political communities came in 1510, when the French king Louis XII called a Council of the Church to Pisa. Like previous Councils, it encouraged debate about the location, representation, and exercise of power, but the Council at Pisa was especially notable because its defenders—including Jacques Almain and John Mair—leaned heavily on the concept of natural law in making their case against the Pope. By appealing to natural law they made clear that they saw their writings as relevant not only to the internal workings of the Church, but to all communities, temporal as well as ecclesiastical. Soon new arguments began to circulate in Europe in which the basis of political power was grounded in natural law rather than in any direct grant of power from God. These arguments helped to explain why political power was diffused among a number of independent communities rather than united in the Empire, and they could also be used to show how and why the Church was different from the state or temporal community. This chapter also considers alternative ideas about the relationship between Christianity and politics, including those developed by Thomas More, Niccolò Machiavelli, and Francesco Guicciardini.

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