Natural law in early modern philosophy

Author(s):  
Colin Heydt

Are there moral norms for action applicable in all times and places? It was common in the early modern period to answer ‘Yes’ to this question and to appeal to natural law as expressing those norms. Natural law developed in the early modern period through the work of Suarez, Grotius, Hobbes, Cumberland and Pufendorf, among others. Natural law is a universal, obligatory set of rules for action, known without revelation and legislated by God. The phrase ‘natural law’ carries with it a set of claims about moral norms – where they originate, what justifies them, how we know them. Early modern natural law has roots in the ancients (particularly in Stoicism) and Christianity. It is a standard part of medieval and early modern Aristotelian moral philosophy, where it informs discussions of law, moral action, and the Ten Commandments. In the seventeenth and eighteenth centuries, however, one sees something novel: philosophers claiming that moral philosophy is fundamentally legal or jural or, even more pronounced, nothing other than natural law. On a jural view of morality, moral principles are imposed – in some sense or other – through legislation. It has often been claimed that this marks a break between modern and pre-modern moral philosophies – from views oriented by happiness, good and virtue to views focused on obligation, law, right, duty and authority. The most important differences between a scholastic or eudaimonistic conception and a natural law or jural conception of moral philosophy arise in claims about the summum bonum (highest good), the emphasis on law, action and justice, and the nature of moral reasons. Perhaps, most generally, natural law can be thought of as reorganizing morality towards the goal of adjudicating conflict, particularly among religious confessions, warring states, traders and alien cultures. Natural law informed much academic moral philosophy in the eighteenth century and exerted strong influence on moral and political thought (for example, the American Declaration of Independence). By the nineteenth century, however, utilitarian and historicist critics attacked the ideas of morality as law and of timeless, universal norms as constituting morality. In the present day, natural law ideas are manifest in the human rights tradition.

Author(s):  
Gordon Geoff

This chapter presents an overview of three active periods of natural law scholarship bearing on international legal theory, via two stories that illustrate these to effect. The first story relates in brief the renewed attention to natural law doctrine as part of historiographical and epistemological inquiries in international law and legal theory. The second presents still another means of understanding natural law and its ongoing role in international law, namely as a dialectic by which new conceptions and vocabularies of political organization have arisen under varying historical circumstances. The chapter then traces the role of natural law doctrine as part of a linear consolidation of liberal hegemony internationally from the early modern period forward, and offers the dialectical presentation covering the same time frame. The chapter concludes by returning to how natural law continues to contribute both to the possibility of new normative programs internationally, as well as the hegemonic.


Author(s):  
Emma Gilby

Descartes’s Fictions traces common movements in early modern philosophy and literary method. This volume reassesses the significance of Descartes’s writing by bringing his philosophical output into contact with the literary treatises, exempla, and debates of his age. Arguing that humanist theorizing about the art of poetry represents a vital intellectual context for Descartes’s work, the volume offers readings of the controversies to which this poetic theory gives rise, with particular reference to the genre of tragicomedy, the question of verisimilitude, and the figures of Guez de Balzac and Pierre Corneille. Drawing on what Descartes says about, and to, his many contemporaries and correspondents embedded in the early modern republic of letters, this volume shows that poetics provides a repository of themes and images to which he returns repeatedly: fortune, method, error, providence, passion, and imagination, amongst others. Like the poets and theorists of the early modern period, Descartes is also drawn to the forms of attention that people may bring to his work. This interest finds expression in the mature Cartesian metaphysics of the Meditations, as well as, later, in the moral philosophy of his correspondence with Elisabeth of Bohemia or the Passions of the Soul. Some of the tropes of modern secondary criticism—a comparison of Descartes and Corneille, or the portrayal of Descartes as a ‘tragic’ figure—are also re-evaluated. This volume thus bridges the gap between Cartesian criticism and late-humanist literary culture in France.


Kant-Studien ◽  
2014 ◽  
Vol 105 (4) ◽  
Author(s):  
Eric Watkins

Abstract:In this paper I explore Kant’s understanding of a law of nature. I begin by reviewing Kant’s explicit statements about what a law is in general before describing an important challenge to the very idea of a law of nature that emerges from the conjunction of the natural law tradition and laws of nature in the early modern period. I then articulate how Kant can respond to that challenge by noting how he can draw on a univocal concept of law involving necessity and legislation in articulating his accounts of laws of nature and the moral law. In this way, we not only come to a better appreciation of Kant’s views on the laws of nature, but also see more clearly some significant structural similarities between his theoretical and practical philosophies as a whole.


2002 ◽  
Vol 96 (1) ◽  
pp. 183-184 ◽  
Author(s):  
Michael J. Seidler

This detailed historical study focuses on Protestant natural law theories in the early German Enlightenment (explicitly excluding the French and British sectors) and traces their influence, or fate, through Kant. Despite its title, it is more than a specialist tome devoted to an historically isolable development, and it is not merely a subsidiary, underlaborer's attempt to recount the prehistory of Kant's achievement. Rather, by tracing several important background currents through the period concerned, Hochstrasser illuminates the odd historical fact that German enlighteners at the end of this span knew or thought so little of those at its beginning. The central topics are eclecticism; the so-called “histories of morality” that were part of its self-conscious legitimation method; the rationalism-voluntarism split in early modern natural law; and the associated distinction among moral philosophy (ethics), natural (positive) law, and international law (ius gentium) that developed out of these debates.


2016 ◽  
Vol 20 (1) ◽  
pp. 27-43
Author(s):  
William M. Barton

Abstract The late 16th century saw the publication of two descriptions of Monte Baldo written by apothecaries working in the nearby town of Verona. Both texts were published in Latin and Italian and have come to the attention of scholars for the vibrant descriptions of the mountain they contain, as well as for the insight they allow into the European networks of natural philosophers. A more detailed examination of the circumstances that produced Latin and Italian versions of these two descriptions of the same mountain, containing the same type of scientific investigation by men engaged in the same profession and from the same town, makes for a neat case study in considering the issues surrounding translation and authorship in the natural philosophical literature of the early modern period. By setting the study’s findings into the context of the recent ›translation turn‹ in literary studies - and Neo-Latin studies in particular - the case study reveals interesting data for the use of Latin in early modern natural philosophy, as well for the dynamics of northern Italy’s scientific community in the period.


Author(s):  
Melissa Anne-Marie Curley

Polemical accounts suggest that the Western Paradise has traditionally been imagined as a strictly transcendent pocket universe, having no relation to this world. But medieval Pure Land believers sought the Pure Land in this world in a variety of ways, mapping it onto the landscape around them in order to rehearse the event of birth. Hōnen’s understanding of the Pure Land amplifies its supernatural character as a site within which the laws governing the real world do not apply. Shinran’s identification of himself as neither monk nor layman further knits together estrangement from the real world and birth in the Pure Land. Rennyo takes Shinran’s self-identification seriously, attempting to build a community based on the principle of mutual equality and organized according to seniority, reflecting the utopian values of the Warring States period. “Traditional” Pure Land does not begin to emerge until the early modern period.


Author(s):  
Robert von Friedeburg

This article traces the history of the rise of natural law from the classical and medieval periods to the eighteenth century, considering the publications and debates that began to mushroom from the Reformation, and how the works of Grotius, Hobbes, Locke, and von Pufendorf transformed the political philosophy and learned architecture of Latin Europe. It examines how confessional revelation theology on the will of God, as revealed in scripture, was marginalized by jurists and philosophers and goes on to discuss the role of civil authority as obligating agency within each sovereign state; natural law’s emphasis on rights and obligations; and the arguments of Aristotle and Cicero. It explores three interrelated developments seen as responsible for the rise of natural law during the early modern period, and concludes with an analysis of its further development in relation to the philosophical scene and political environment in each polity during the eighteenth century.


Author(s):  
Ann Thomson

This chapter looks at the use of Epicureanism in early modern attempts to explain the human being in purely naturalistic and material terms, mainly in Britain and France in the seventeenth and eighteenth centuries, excluding the moral and political implications of these attempts. After discussing the principal vectors of Epicurean materialism and the difficulties of providing a convincing naturalistic explanation of human beings on Epicurean principles, it looks at how thinkers in the early modern period attempted to solve these problems. The main question concerned the activity of matter, which was linked to discussions of the soul and animal generation. Hence the chapter looks at debates firstly on the properties of atoms, then on human and animal souls, before discussing in more detail the eighteenth-century writers who attempted to provide a purely material explanation of human beings and their use of Lucretius’s poem De rerum natura in particular. We see that Epicurean philosophy was a permanent presence in naturalistic theories, but was normally part of a more eclectic framework. Thinkers took those aspects which corresponded to their aim and combined them with different scientific theories, without necessarily subscribing to the central tenets of Epicureanism. Reference to Epicureanism increasingly functioned as a symbol of the rejection of central Christian doctrines and as a way of proclaiming one’s materialism.


Sign in / Sign up

Export Citation Format

Share Document