Natural law contains much social thought that predates sociology and related disciplines, and can be seen as part of the prehistory of the human sciences. Key concerns of natural law thinkers include the achievement of social life and society, and the individual’s place therein. However, there is an enduring tendency within sociology to dismiss the ahistoricism and universalism of natural law, and therefore to reject natural law thought in its entirety. This article proposes an approach that rescues the sociological relevance (...) of natural law. It draws on the respective methods of Chris Thornhill and Gary Wickham, who each seek to recover the importance of natural law for sociology. Thornhill treats natural law as a valid sociological object by focusing on its functions within society rather than engaging with its ahistorical concepts. His focus on the external functions of natural law, however, leads to a neglect of the internal conceptualisations of the social world in natural law thought. This in turn leads to a misinterpretation of Hobbes and voluntarist natural law. Wickham, on the other hand, explores in detail Hobbesian conceptions of society and the individual that Wickham argues can be utilised within contemporary sociology. This article revises Thornhill’s methodological framework in order to secure a space for the recovery of natural law as social thought. This approach allows for the recognition of natural law as an important piece of the epistemological background against which contemporary understandings of the human and society emerged. (shrink)

Istvan Hont’s classic work on the theoretical links between the seventeenth-century natural jurists Hugo Grotius and Samuel Pufendorf and the eighteenth-century Scottish political economists remains a popular trope among intellectual and economic historians of various stamps. Despite this, a common criticism levelled at Hont remains his relative lack of engagement with the relationship between religion and economics in the early modern period. This paper challenges this aspect of Hont’s narrative by drawing attention to an alternative, albeit complementary, assessment of the (...) natural jurisprudential heritage of eighteenth-century British political economy. Specifically, the article attempts to map on to Hont’s thesis the Christian Stoic interpretation of Grotius and Pufendorf which has gained greater currency in recent years. In doing so, the paper argues that Grotius and Pufendorf’s contributions to the ‘unsocial sociability’ debate do not necessarily lead directly to the Scottish school of political economists, as is commonly assumed. Instead, it contends that a reconsideration of Grotius and Pufendorf as neo-Stoic theorists, particularly via scrutiny of their respective adaptations of the traditional Stoic theory of oikeiosis, steers us towards the heart of the early English ‘clerical’ Enlightenment. (shrink)

Locke's admittedly 'very strange' sounding doctrine of natural executive power, according to which the individual has the right to execute the law of nature, has long been one of the most controversial features of his moral philosophy. In contrast to the many commentators who deny its theoretical innovation and challenge its individualist premises, this study proposes that the philosophical significance of Locke's natural right to punish derives from its critical departure from earlier moral and political theory. It also argues that (...) the individualist political and religious implications of the natural punishment doctrine are only fully intelligible in light of Locke's theory of property and the assessment of the epistemological limits and possibilities for acquiring moral knowledge in his Essay Concerning Human Understanding. (shrink)

O texto visa a apresentar, de modo mais sistemático, a crítica que Habermas endereça a quatro autores fundamentais da filosofia do direito: Hobbes, Kant, Weber e Rawls. O estudo se concentra em demonstrar como Habermas entende o papel da moral na argumentação de cada um deles, tendo em vista a fundamentação do direito.

For thirty years now there has been considerable debate concerning the foundations of modern natural law theory, with Richard Tuck emphasising the role self-preservation plays in anchoring Grotius's system and his critics pointing to the contribution of a principle of sociability. With reference to recent contributions in the literature on Stoicism from Julia Annas, A. A. Long and Tad Brennan, I argue that Grotius's use of the outline of Stoic ethics from Book III of Cicero's De finibus is crucial for (...) understanding the nature of his argument. Drawing on Cicero's presentation of the Stoics' oikeiosis helps Grotius to generate an argument which issues not in any demand for altruism, charity or mutual aid, but rather for organising justice around very strong protections for private property. The argument remains one about human sociability, however, and ought not to be mistaken for an account of self-interest, nor for a doctrine with substantially Epicurean roots. (shrink)