| 5246 | Natural justice is the same everywhere, and does not (unlike legal justice) depend on acceptance [Aristotle] |
| Full Idea: There are two sorts of political justice, one natural and the other legal; the natural is that which has the same validity everywhere and does not depend upon acceptance. | |
| From: Aristotle (Nicomachean Ethics [c.334 BCE], 1134b18) | |
| A reaction: This I take to be the germ out of which Aquinas developed more fully the idea of 'natural law'. This remark is strong counterevidence that Aristotle was not merely describing convention in his theory of the virtues. |
| 20856 | Justice, the law, and right reason are natural and not conventional [Chrysippus, by Diog. Laertius] |
| Full Idea: Chrysippus says (in On the Honourable) that justice is natural and not conventional, as are the law and right reason. | |
| From: report of Chrysippus (fragments/reports [c.240 BCE]) by Diogenes Laertius - Lives of Eminent Philosophers 07.128 | |
| A reaction: How does he explain variations in the law between different states? Presumably some of them have got it wrong. What is the criterion for deciding which laws are natural? |
| 3561 | Stoics originated the concept of natural law, as agreed correct reasoning [Stoic school, by Annas] |
| Full Idea: The Stoics are the originators of one of the most influential concepts in political philosophy, that of natural law. …It is simply correct moral reasoning, thought of as being prescriptive. | |
| From: report of Stoic school (fragments/reports [c.200 BCE]) by Julia Annas - The Morality of Happiness 13.3 |
| 22114 | Tyrannical laws are irrational, and so not really laws [Aquinas] |
| Full Idea: A tyrannical law, since it is not in accord with reason, is not unconditionally a law, but is rather a perversion of law. | |
| From: Thomas Aquinas (Summa Theologicae [1265], Ia IIae.Q92.1, ad 4), quoted by Kretzmann/Stump - Aquinas, Thomas 13 | |
| A reaction: Only a belief in natural law can give a basis for such a claim. Positivists will say a tyrannical law is unconditionally a law like any other, but a bad one. |
| 22113 | Right and wrong actions pertain to natural law, as perceived by practical reason [Aquinas] |
| Full Idea: All things to be done or to be avoided pertain to the precepts of natural law, which practical reasoning apprehends naturally as being human goods. | |
| From: Thomas Aquinas (Summa Theologicae [1265], Ia IIae.Q94.2c), quoted by Kretzmann/Stump - Aquinas, Thomas 13 | |
| A reaction: No mention of God, but you feel the divine presence in the background. He also cites 'eternal law'. No coincidence that the atheist Hobbes rejected natural law. Personally I would offer an atheistic defence of natural law, based on human nature. |
| 23174 | Natural law is a rational creature's participation in eternal law [Aquinas] |
| Full Idea: It is evident that the natural law is nothing else than the rational creature's participation of the eternal law. | |
| From: Thomas Aquinas (Summa Theologicae [1265], I-II Q91 2) | |
| A reaction: It is not enough merely that God decrees eternal laws. It is also necessary for us to use reason in order to participate. I'm not sure what reasoning process is involved. |
| 19897 | Human laws must accord with the general laws of Nature [Hooker,R] |
| Full Idea: Laws human must be made according to the general laws of Nature. | |
| From: Richard Hooker (Of the Laws of Ecclesiastical Polity [1593], III s.9), quoted by John Locke - Second Treatise of Government | |
| A reaction: The point simply seems to be that they won't get assent from the public if they are not in accord with natural justice. Positivists say you can make any damned law you like. |
| 22133 | Grotius and Pufendorf based natural law on real (rather than idealised) humanity [Grotius, by Ford,JD] |
| Full Idea: Grotius and Pufendorf transformed the natural law tradition by starting from identifiable traits of human nature rather than ideas about what human beings ought to be. | |
| From: report of Hugo Grotius (On the Law of War and Peace [1625]) by J.D. Ford - Pufendorf, Samuel p.863 |
| 7406 | A natural right of self-preservation is balanced by a natural law to avoid unnecessary harm [Grotius, by Tuck] |
| Full Idea: For Grotius, there was a fundamental 'natural right' of self-preservation upon which all known moralities and codes of social behaviour must have been constructed, but it is balanced by a fundament duty or 'natural law' to abstain from harming others. | |
| From: report of Hugo Grotius (On the Law of War and Peace [1625]) by Richard Tuck - Hobbes Ch.2 | |
| A reaction: This theory has the virtue of economy, but I don't see how you can clearly justify those particular natural rights and laws, without allowing others to creep in, such as a right to a decent share of food, or a law requiring some fairness. |
| 20484 | We should obey the laws of nature, provided other people are also obeying them [Hobbes, by Wolff,J] |
| Full Idea: Hobbes's position is that we have a duty to obey the Laws of Nature when others around us are known (or can reasonably be expected) to be obeying them too, and so our compliance will not be exploited. | |
| From: report of Thomas Hobbes (Leviathan [1651]) by Jonathan Wolff - An Introduction to Political Philosophy (Rev) 1 'Hobbes' | |
| A reaction: In particular, we should keep contracts. Hobbes doesn't seem fully committed to keeping facts and values separate. |
| 6225 | Obligation to obey all positive laws is older than all laws [Cudworth] |
| Full Idea: Obligation to obey all positive laws is older than all laws. | |
| From: Ralph Cudworth (On Eternal and Immutable Morality [1688], Ch.II.3) | |
| A reaction: Clearly villains can pass wicked laws, so there can't be an obligation to obey all laws (even if they are 'positive', which seems to beg the question). Nevertheless this is a good reason why laws cannot be the grounding of morality. |
| 6216 | Natural law is immutable truth giving moral truths and duties independent of society [Cumberland] |
| Full Idea: Natural law is certain propositions of immutable truth, which guide voluntary actions about the choice of good and avoidance of evil, and which impose an obligation to act, even without regard to civil laws, and ignoring compacts of governments. | |
| From: Richard Cumberland (De Legibus Naturae [1672], Ch.I.I) | |
| A reaction: Not a popular view, but I am sympathetic. If you are in a foreign country and find a person lying in pain, there is a terrible moral deficiency in anyone who just ignores such a thing. No legislation can take away a person's right of self-defence. |
| 19916 | The order of nature does not prohibit anything, and allows whatever appetite produces [Spinoza] |
| Full Idea: The order of nature, under which all human beings are born and for the most part live, prohibits nothing but what no one desires or no one can do; it does not prohibit strife or hatred or anger or anything at all that appetite foments. | |
| From: Baruch de Spinoza (Tractatus Theologico-Politicus [1670], 16.04) | |
| A reaction: This is as vigorous a rejection of natural law as I have met with. It is hard to see on what grounds anyone could disagree, other than hopeful sentiment. |
| 19868 | It is only by a law of Nature that we can justify punishing foreigners [Locke] |
| Full Idea: If by the law of Nature every man hath not a power to punish offences against [the state], as he soberly judges the case to require, I see not how the magistrates of any community can punish an alien of another country. | |
| From: John Locke (Second Treatise of Government [1690], 009) | |
| A reaction: This is a nice point. You can't expect to be above the law in a foreign country, but you have entered into no social contract, unless visiting a place is a sort of contract. Intrusions into air space are often accidental visits. |
| 7574 | Natural law theory is found in Aquinas, in Leibniz, and at the Nuremberg trials [Leibniz, by Jolley] |
| Full Idea: Leibniz rejects Hobbes's legal positivism in favour of the older natural law theory associated with Aquinas (which says nothing can be a law unless it derives from natural justice). The older view was revived at Nuremberg, to prosecute Nazis. | |
| From: report of Gottfried Leibniz (works [1690]) by Nicholas Jolley - Leibniz Ch.7 | |
| A reaction: This seems to suggest that Hobbes and co were using Ockham's Razor to eliminate morality from the law, but that the Nuremberg situation (and modern trials in The Hague) show that there is a necessity for natural law in international situations. |
| 19959 | Prior to positive laws there is natural equity, of obedience, gratitude, dependence and merit [Montesquieu] |
| Full Idea: The relations of equity precede the positive laws that establish them. It is right to conform to laws in a society; intelligent beings should be grateful for benefits; we remain dependent on those who create us; an injury merits the same in return. | |
| From: Baron de Montesquieu (The Spirit of the Laws (rev. 1757) [1748], 01.01) | |
| A reaction: [the examples are compressed] A nice statement of the idea of natural law. It doesn't follow that because an injury merits retaliation, that it should be implemented (just that no one can complain if it happens). |
| 19960 | Sensation gives animals natural laws, but knowledge can make them break them [Montesquieu] |
| Full Idea: Animals have natural laws because they are united by sensation, ...but they do not invariably follow thieir natural laws; these are better observed by vegetables, which have neither knowledge nor sensation. | |
| From: Baron de Montesquieu (The Spirit of the Laws (rev. 1757) [1748], 01.02) | |
| A reaction: With the example of vegetables the concept of natural law is drifting into the laws of nature, and evidently Montesquie makes no sharp distinction here. |
| 19750 | Writers just propose natural law as the likely useful agreements among people [Rousseau] |
| Full Idea: Writers begin by seeking the rules on which, for the common utility, it would be appropriate for men to agree among themselves; they then give the name of 'natural law' to these rules, with no other proof than their presumed good results. | |
| From: Jean-Jacques Rousseau (Discourse on the Origin of Inequality [1754], Pref) | |
| A reaction: The arguments for natural law strike me as quite good, but pinning down its content looks incredibly elusive, and at the mercy of cultural influences. |
| 7245 | Natural justice, without sanctions, benefits the wicked, who exploit it [Rousseau] |
| Full Idea: The laws of natural justice, lacking any natural sanctions, are unavailing among men. In fact, such laws merely benefit the wicked and injure the just, since the just respect them while others do not do so in return. | |
| From: Jean-Jacques Rousseau (The Social Contract (tr Cress) [1762], II.06) | |
| A reaction: This seems a very accurate observation, and points us towards either contracts, or a justification of the use of force by good people. |
| 7591 | Kant completed Grotius's project of a non-religious basis for natural law [Scruton on Kant] |
| Full Idea: Kant is often held to have completed a task begun by Grotius, giving a basis for natural law which does not invoke the will of God, but rather commands God himself to obedience. | |
| From: comment on Immanuel Kant (Groundwork of the Metaphysic of Morals [1785]) by Roger Scruton - A Dictionary of Political Thought 'Kant' | |
| A reaction: This project, if successful, would clinch the naturalistic response to the Euthyphro Question (Ideas 336 and 337). It is a key issue for atheists, who generally wish to deny that their lack of religion leads inevitably to amorality. |
| 20933 | Natural law theorists fear that without morality, law could be based on efficiency [Zimmermann,J] |
| Full Idea: Natural law theorists fear that by denying the intrinsic connection between law and morality, positivists could encourage the validation of law based on efficiency alone. | |
| From: Jens Zimmermann (Hermeneutics: a very short introduction [2015], 6 'Natural') | |
| A reaction: The law's the law. The issue can only be whether one can ever be justified in breaking a law, and that isn't a legal question. I am sympathetic to the positiviists. |
| 20610 | Instead of against natural law, we might assess unjust laws against the values of the culture [Tuckness/Wolf] |
| Full Idea: Do we need natural law theory in order to make sense of the idea that laws can be unjust? Perhaps not: we might consider whether laws are consistent with the values of the culture or society where they apply. | |
| From: Tuckness,A/Wolf,C (This is Political Philosophy [2017], 5 'Unjust') | |
| A reaction: So were the wicked laws passed by the Nazis consistent with 1930s German culture? Impossible to say. |