American Interpretations of Natural Law: A Study in the History of Political Thought

1933 ◽  
Vol 46 (5) ◽  
pp. 864
Author(s):  
Roscoe Pound ◽  
Benjamin Fletcher Wright
Keyword(s):  
Natural Law ◽  
Political Thought ◽  
History Of Political Thought ◽  
History Of

scholarly journals DEFOE, DISSENT, AND EARLY WHIG IDEOLOGY

2009 ◽  
Vol 52 (3) ◽  
pp. 595-614
Author(s):  
K. R. P. CLARK
Keyword(s):  
Natural Law ◽  
Political Thought ◽  
Political Ideology ◽  
Political Identity ◽  
Daniel Defoe ◽  
History Of Political Thought ◽  
Religious Difference ◽  
History Of ◽  
The Subject ◽  
The Revolution

ABSTRACTThe nature of Whig ideology at its formation in the late seventeenth and early eighteenth centuries continues to attract the attention of historians of political thought. This article contends that prevalent understandings of the taxonomy of the subject nevertheless still often remain secular, and do not fully attend to the religious constituencies of the authors involved. One key author was Daniel Defoe, who was credited with several anonymous pamphlets published after the Revolution of 1688. The effect of these attributions is to reinforce a homogenized picture of early Whig political ideology that fails to identify differences between authors who used similar terms such as ‘contract’, ‘resistance’, and ‘natural law’. This article de-attributes certain of these pamphlets, outlines the consequences for the history of political thought of that de-attribution, re-establishes Defoe's own political identity, and proposes that such a taxonomy should give more attention to religious difference.

Philosophy, Rights and Natural Law

2019 ◽  
Keyword(s):  
Early Modern ◽  
Natural Law ◽  
Political Thought ◽  
The Political ◽  
Scottish Enlightenment ◽  
History Of Political Thought ◽  
German Empire ◽  
Modern Natural ◽  
History Of ◽  
Institutional Contexts

Honouring the work of Knud Haakonssen, this book consists of a series of studies that investigate the place of early modern natural law in the history of political thought. These studies follow Haakonssen’s lead in treating natural law as central to the formulation of doctrines of obligations and rights in accordance with the interests of early modern polities and churches. In doing so, they approach natural law less as a unified doctrine and much more as a field of cross-cutting idioms in which competing political and juridical programs were prosecuted for a variety of purposes. The studies thus investigate how natural law doctrines were formulated, received, and put to work in a wide array of cultural, political and institutional contexts, ranging from the political thought of the Dutch Arminians, Locke’s struggle with the concept of religious toleration, the political-jurisprudential thought of Pufendorf, Thomasius and Wolff in the German Empire, and the jurisprudential thought of Hume and Smith in the context of the Scottish Enlightenment.

American Interpretations of Natural Law

1926 ◽  
Vol 20 (3) ◽  
pp. 524-547
Author(s):  
B. F. Wright
Keyword(s):  
Natural Law ◽  
Political Thought ◽  
Laws Of Nature ◽  
History Of Political Thought ◽  
Natural Right ◽  
Law Of Nature ◽  
The Supreme Court ◽  
History Of ◽  
The Individual ◽  
Higher Law

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.

Machiavelli’s Commonwealth without Justice

2021 ◽  
pp. 63-88
Author(s):  
Michael C. Hawley
Keyword(s):  
Natural Law ◽  
Political Thought ◽  
Niccolo Machiavelli ◽  
History Of Political Thought ◽  
Niccolò Machiavelli ◽  
History Of

This chapter illustrates the fundamental divergence between the republican visions of Cicero and those of Niccolò Machiavelli. It demonstrates that Machiavelli does not share Cicero’s vision for a just commonwealth and should not be considered an heir to his strain of republican thought. The chapter also argues that Machiavelli moves further away from what would later become known as liberalism. He rejects the Ciceronian account of natural law, and his regime leaves no room for rights, consent, or the constitutional limitations on power that characterize Cicero’s thought. Machiavelli represents a failed challenge to the Ciceronian tradition. The chapter challenges long-standing accounts of Machiavelli’s place in the history of political thought.

Sophocles' Antigone and the History of the Concept of Natural Law

2002 ◽  
Vol 50 (3) ◽  
pp. 545-557 ◽  
Author(s):  
Tony Burns
Keyword(s):  
Natural Law ◽  
Political Thought ◽  
Fifth Century ◽  
General Question ◽  
The Political ◽  
History Of Political Thought ◽  
History Of ◽  
Political Message

This paper focuses on two related questions. The first of these is a general question. Where are the origins of the concept of natural law to be located in the history of political thought? The second is more specific. Sophocles puts into the mouth of the eponymous heroine of his Antigone an argument justifying her disobedience to an edict of her uncle Creon, who forbade her to bury her brother Polyneices. Does this argument involve an appeal to the concept of natural law? The paper takes issue with the claim, first made by Aristotle in his Rhetoric, that Sophocles' Antigone is indeed an early example of the application of the concept of natural law in political argument and debate. This interpretation of the political message of the Antigone is inconsistent with what we know about Sophocles' attitude towards the fundamental questions of Athenian politics in the classical era of Periclean democracy during the fifth century BC.

The Place of Machiavelli in the History of Political Thought

1943 ◽  
Vol 37 (4) ◽  
pp. 626-641 ◽  
Author(s):  
Charles N. R. McCoy
Keyword(s):  
Eighteenth Century ◽  
Natural Law ◽  
Political Thought ◽  
History Of Political Thought ◽  
Greek City ◽  
Marsilius Of Padua ◽  
History Of ◽  
City States ◽  
The Mind ◽  
The Church

The chief reason for the lack of intelligibility in a course in the history of political thought is the absence of any standard by which the great writers in the field may justly be compared. The usual course in the history of political thought is thoroughly historical and scrupulously indifferent to philosophical analysis; at best, a semblance of comparative analysis is achieved by simply telling the student that different needs of different periods suggest different and equally valid theoretical constructions. The question of natural law, for example, is handled in something like the following fashion. The Aristotelian notion of natural law is no sooner inadequately in the mind of the student than it fails to survive the downfall of the Greek city states. The student is told that Aristotle's notion of natural law restricted his vision and blinded him to the inevitable growth of the empire of Philip, his own student. The Stoics, whose views were perfected by Cicero, held to a notion of natural law much more in keeping with the needs of a world civilization. The Church adopted the Stoic conception of natural law. Subsequently, after the writings of Aristotle had been discovered, St. Thomas Aquinas wedded natural law to the law of the Church. The Renaissance and Reformation liberated men's minds from the shackles of Mediaeval Scholasticism. The concept of natural law came gradually to be abandoned; it is already repudiated in the writings of William of Occam and Marsilius of Padua, and its disappearance is complete in Machiavelli. Accustomed to the tradition of 1066 and All That, the student gathers that this disappearance was “a good thing.” In the eighteenth century, there is a revival of natural law.

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