From the end of the twelfth century until the middle of the eighteenth century, the concept of a right of necessity –i.e. the moral prerogative of an agent, given certain conditions, to use or take someone else’s property in order to get out of his plight– was common among moral and political philosophers, who took it to be a valid exception to the standard moral and legal rules. In this essay, I analyze Samuel Pufendorf’s account of such a right, (...) founded on the basic instinct of self-preservation and on the notion that, in civil society, we have certain minimal duties of humanity towards each other. I review Pufendorf’s secularized account of natural law, his conception of the civil state, and the function of private property. I then turn to his criticism of Grotius’s understanding of the right of necessity as a retreat to the pre-civil right of common use, and defend his account against some recent criticisms. Finally, I examine the conditions deemed necessary and jointly sufficient for this right to be claimable, and conclude by pointing to the main strengths of this account. Keywords: Samuel Pufendorf, Hugo Grotius, right of necessity, duty of humanity, private property. (shrink)

Pufendorf makes a clear distinction between the physical constitution of human beings and their value as human beings, stressing that the latter is justified exclusively by the regular use of the free will. According to Pufendorf, the regular use of free will requires certain inventions (divine as well as human) imposed on the free will and called moral entities. He claims that these inventions determine the moral quality of a human being as well as the standards according to (...) which human beings and their actions are able to be judged. This article examines the normative aspects of Pufendorf’s concepts of moral value and moral estimation in regard to the epistemological question of the accessibility of moral entities for human beings. In the first part, it reconstructs Pufendorf’s doctrine of moral entities and the place of moral estimation in this doctrine. In the second part, it presents Pufendorf’s account of the moral philosophy as a science in order to explain his theory of moral normativity as imposed, and the role of a person in regard to the own moral status. In the last part, it illustrates some consequences in regard to the problem of slavery in Pufendorf. (shrink)

This paper focuses on the relationship between Kant and the traditional view of dignity. I argue that some amendments to Sensen’s description of the traditional paradigm enable us to see more clearly both where Kant adheres to the latter and where his view is original. First, a consideration of Pufendorf’s use of dignity suggests (1) that, contrary to Sensen’s reconstruction, the traditional paradigm does not entail a connection between dignity and duties to oneself, and (2) that Pufendorf’s understanding (...) of dignity as a kind of esteem, as opposed to price, provides a crucial mediation between the traditional view and Kant’s view. Finally, I argue that the traditional understanding of dignity also includes a subordinate justificatory element that helps to explain Kant’s use of dignity in the Doctrine of Virtue. (shrink)

I show that Locke anticipates key features of Hume’s more celebrated analysis of convention. I do so by developing Lenz’s account of Lockean (linguistic) convention and its normativity as presented in Socializing Minds. Locke’s account of linguistic convention shares structural features also visible in Locke’s treatment of the convention money and property. I show that Locke’s ‘Humean’ account of convention responds to a lacuna in Pufendorf’s treatment of linguistic convention that Lenz argues is significant to Locke.

I argue in this paper that Immanuel Kant's account of the moral wrongness of contempt in the Metaphysics of Morals provides important resources for our understanding of the nature of moral subjectivity. Although Kant typically emphasizes the subject's position as autonomous addressor of the moral law, his remarks on contempt bring into relief a dynamic relationship at the heart of practical subjectivity between the addressor and addressee positions. After tracing the development of reflection concerning the addressor and addressee positions in (...) early modern philosophy, beginning with Francisco Suarez and Samuel Pufendorf, I articulate and defend what I take to be a Kantian conception of the relation between those positions. More specifically, I argue that to be a moral subject at all is necessarily to position oneself as the addressor of the moral law, but that one must at the same time maintain oneself in the addressee position, resisting the full conversion to the addressor position that autonomy seems to demand. (shrink)

In this paper we examine the genealogy and transmission of moral duty in Western ethics. We begin with an uncontroversial account of the Stoic notion of the kathēkon, and then examine the pivotal moment of Cicero’s translation of it into Latin as ‘officium’. We take a deflationary view of the impact of Cicero’s translation and conclude that his translation does not mark a departure from the Stoic ideal. We find further confirmation of our deflationary position in the development of the (...) notion of ‘duty’ in Germany between the 16th and 18th centuries. We examine Pufendorf’s critique of ancient eudaimonism and his appropriation of officium, and claim that it foreshadows Kant’s rejection of Garve’s Ciceronian ethics. We demonstrate the undeniable parallels between Kant’s Groundwork and Garve’s influential translation of Cicero’s De Officiis, thereby indicating a novel way in which we should understand Cicero’s contribution to the development of modern moral philosophy. (shrink)

Julkaisematta jääneessä muistiossaan Mietteitä oikeuden yleiskäsitteestä (1702-1703?) G. W. Leibniz muotoilee uudelleen Platonin Euthyfron-dialogissa esitetyn kuuluisan kysymyksen. Hän kirjoittaa: ”Myönnetään, että kaikki mitä Jumala tahtoo, on hyvää ja oikein. Sen sijaan kysytään, onko se hyvää ja oikein siksi että Jumala niin tahtoo, vai tahtooko Jumala sitä koska se on hyvää ja oikein. Eli kysytään, onko hyvyys tai oikeus jotakin mielivaltaista, vai koostuvatko ne asioiden luonnetta koskevista välttämättömistä ja ikuisista totuuksista, kuten luvut ja suhteet.” Universaaleja, ikuisia totuuksia puolustava filosofi ei voi (...) hyväksyä ensin mainittua vaihtoehtoa. Hänen mukaansa ”Se toden totta tuhoaisi Jumalan oikeudenmukaisuuden. Sillä miksi ylistäisimme häntä oikeudenmukaisista teoista, jos oikeudenmukaisuuden käsite ei hänen tapauksessaan lisää mitään teon käsitteeseen? Ja sanonta stat pro ratione voluntas, minun tahtoni käyköön perusteesta, on todella tyrannin motto.” Leibnizin kritiikki on suunnattu erityisesti hänen aikalaisiaan René Descartesia, Thomas Hobbesia ja Samuel Pufendorfia vastaan. Hän ei voi hyväksyä näkemystä, jonka mukaan oikeudenmukaisuuden mitta on vain Jumalan tahto. Perustan on löydyttävä ikuisista totuuksista, jotka ovat myös Jumalan oikeudenmukaisuuden standardi. Erityisen kuuluisaksi tuli Leibnizin kritiikki Pufendorfin näkemyksiä kohtaan, sillä Pufendorfin laajalle levinneen teoksen De officio hominis et civis ranskalaisen laitoksen neljännen painoksen toimittaja Barbeyrac liitti siihen Leibnizin kiistakirjoituksen, joka tunnetaan lyhyellä nimellä Monita (Epistola viri excellentissimi ad amicum qua monita quaedam ad principia Pufendorfiani operis de officio hominis et civis continentur, 1706) ja puolusti Pufendorfia Leibnizia vastaan. Leibnizin onnistui kuitenkin ilmeisesti osoittaa eräs heikkous Pufendorfin näkemyksissä, jota Barbeyrac ei pystynyt sivuuttamaan: tämän mukaan Jumala on saman aikaan sekä ylin tuomari että lakien laatija. Siten Leibnizin näkökulmasta Jumala on tyranni – hänen tahtonsa on oikeuden ja etiikan mitta ja koska hän on kaikkivaltias, hän voi pakottaa ihmiset noudattamaan sellaista oikeudenmukaisuutta, joka on hänen mieleistään. Koska Jumalan yläpuolella ei ole Pufendorfin mukaan mitään, hän voi toimia aivan mielivaltaisesti. Leibnizin kritiikki kiteytyy Pufendorfin epäselvään erotteluun ulkoisen ja sisäisen velvollisuuden välillä, joka jättää hänen näkemyksensä arvoitukselliseksi. Tutkiskelen tässä esitelmässä oliko Leibnzin kritiikki johdonmukainen ja oikeutettu. Onko Pufendorfin näkemyksissä heikkous, jota hän ei itse huomannut? Vertailen myös asiaa koskevia eri kommentaareja (mm. Kari Saastamoinen, Petter Korkman, Fiametta Palladini) ja arvioin Leibnizin kritiikin reseptiota Pufendorf-tutkimuksessa. (shrink)

In this article I argue that Hutcheson has a theory of obligation that is different in important ways from the views of his predecessors and that his theory may not be as problematic as critics have claimed. In section (I) I sketch a brief picture of the rich conceptual landscape surrounding the concept of obligation in the Early Modern period. I focus on the five figures Hutcheson explicitly references: Hugo Grotius, Samuel Pufendorf, their French translator and commentator Jean Barbeyrac, (...) as well as G. W. Leibniz and Richard Cumberland. In section (II) I offer an account of Hutcheson’s theory of obligation and illustrate that not only does Hutcheson have a view on what previous figures called the source, end, and object of obligation, he also focuses on the epistemological question of the origin of our idea of obligation as opposed to the metaphysical question of the efficient cause of obligation. Furthermore, although Hutcheson shares with his predecessors the idea that obligation implies a certain kind of necessity, he conceives of this necessity in a unique way, namely in terms of the necessity of a perception. In section (III) I defend Hutcheson’s theory of obligation against three objections: 1. that it makes a sham of obligation by locating its source within the human being, 2. that it is reducible to divine command theory, and 3. that, in the end, Hutcheson has no real or meaningful theory of obligation. My hope is that, at the very least, appraising these objections helps further clarify the theory of obligation that Hutcheson presents in his works. (shrink)

Máquina pensante, funámbulo agónico y homo iuridicus son las tres características que este libro estudia para entender cómo el sujeto humano fue construido en los pensamientos respectivos de Descartes, Pascal y de varios pensadores de la escuela racionalista del derecho natural con, en particular, Grocio, Pufendorf, Thomasius, Burlamaqui y Wolff. Según el primer rasgo, Descartes confiere un valor al ser humano gracias a su capacidad de pensamiento (el "cogito ergo sum"). Además, y a través de una nueva antropología, asemeja (...) el cuerpo humano a una "máquina admirable". Para Pascal, al contrario, el ser humano debe aceptar las limitaciones de su condición, desconfiar en la razón humana, y dejarse guiar por la fe y el "esprit de finesse". Por fin, la mayoría de los iusnaturalistas del siglo XVII pretenden justificar el orden social y el fenómeno jurídico a partir de distintas aproximaciones antropológicas, acudiendo incluso a ciertas ideas vinculadas a la noción de dignidad humana. Con este libro, el lector tendrá en sus manos un panorama imprescindible para entender la construcción de la subjetividad occidental. (shrink)

When he gave his first political work the title The Elements of Law Natural and Politic, Hobbes signalled an agenda to revise and incorporate continental Roman and Natural Law traditions for use in Great Britain, and from first to last he remained faithful to this agenda, which it took his entire corpus to complete. The success of his project is registered in the impact Hobbes had upon the continental legal system in turn, specific aspects of his theory, as for instance (...) the right to punish, entering the European civil code through Pufendorf, and remaining to this day. This is a topic of considerable importance at a time at which the UK is considering scrapping the European Union, with all the attendant the legal ramifications. But strangely, despite some acknowledgement of Hobbes’s contribution to European civil law, and specifically the German civil code, the larger legal context for his thought has not thus far been systematically addressed. -/- Key words: Hobbes, civil law, common law, jurisprudence, ‘artificial reason’, natural law, sovereignty,. (shrink)

Artykuł, choć traktuje głównie o statusie jednostki w realiach i myśli politycznej monarchii absolutnej doby Bodinusa i Pufendorfa, odnosi się – toutes proportions gardées – do następującej kwestii: Czy członków państw niedemokratycznych, pozbawionych pełni praw i wolności politycznych, można określać mianem obywateli? Krzysztof Trzciński, Odwrócenie perspektywy: poddany jako obywatel w monarchii absolutnej, czyli o wieloznaczności pojęć lub ich różnym rozumieniu, „Przegląd Politologiczny” 3/2004, s. 93-106.

This book tells the story of modern ethics, namely the story of a discourse that, after the Renaissance, went through a methodological revolution giving birth to Grotius’s and Pufendorf’s new science of natural law, leaving room for two centuries of explorations of the possible developments and implications of this new paradigm, up to the crisis of the Eighties of the eighteenth century, a crisis that carried a kind of mitosis, the act of birth of both basic paradigms of the (...) two following centuries: Kantian ethics and utilitarianism. The new science of natural law carried a fresh start for ethics, resulting from a mixture of the Old and the New. It was, as suggested by Schneewind, an attempt at rescuing the content of Scholastic and Stoic doctrines on a new methodological basis. The former was the claim of existence of objective and universal moral laws; the latter was the self-aware attempt at justifying a minimal kernel of such laws facing skeptical doubt. What Bentham and Kant did was precisely carrying this strategy further on, even if restructuring it each of them around one out of two alternative basic claims. The nineteenth- and twentieth-century critics of the Enlightenment attacked both not on their alleged failure in carrying out their own projects, but precisely on having adopted Grotius’s and Pufendorf’s project. What counter-enlightenment has been unable to spell out is which alternative project could be carried out facing the modern condition of pluralism, while on the contrary, if we takes a closer look at developments in twentieth-century ethics or at on-going discussions on practical issues, we might feel inclined to believe that Grotius’s and Pufendorf’s project is as up-to-date as ever. -/- Table of Contents -/- Preface I. Fathers of the Reformation and Schoolmen 1.1. Luther: passive justice and the good deeds; 1.2. Calvin: voluntarism and predestination; 1.3. Baroque Scholasticism; 1.4. Casuistry and Institutiones morales -/- II Neo-Platonists, neo-Stoics, neo-Sceptics 2.1. Aristotelian, neo-Platonic, neo-Epicurean and neo-Cynic Humanists; 2.2. Oeconomica and the art of living; 2.3. Neo-Stoics; 2.4. Neo-Sceptics; 2.5. Moralistic literature -/- III Neo-Augustinians 3.l. The Jansenists on natura lapsa, sufficient grace, pure love; 3.2. Nicole on the impossibility of self-knowledge; 3.3. Nicole on self-love and charity; 3.4. Nicole against civic virtue, for Christian civility; 3.5. Malebranche on general laws and necessary evil; 3.6. Malebranche on Neo-Augustinianism and Platonism. -/- IV Grotius, Pufendorf and the new moral science 4.1. Grotius against Aristotle and the sceptics; 4.2. Mersenne and Gassendi; 4.3. Descartes on ethics as the last branch of philosophy’s tree; 4.4. Hobbes on scepticism and the new moral science; 4.5. Spinoza on the new moral science as a descriptive science;4.6. Locke on voluntarism and probabilism; 4.7. Pufendorf on natural law as an exact science; 4.8. Pufendorf on physical and moral entities; 10. Pufendorf on self-preservation -/- V The empiricist version of the new moral science: from Cumberland to Paley 5.1. Cumberland against Hobbesian voluntarism; 5.2. Cumberland and theological consequentialism; 5.3. Cumberland on universal benevolence and self-love; 5.4. Shaftesbury on the moral sense; 5.5. Hutcheson on natural law and moral faculties; 5.6. Gay, Brown, Paley and theological consequentialism. -/- VI The rationalist version of the new moral science: from Cudworth to Price 6.1. The Cambridge Platonists; 6.2. Shaftesbury on the moral sense; 6.3. Butler and a third way between voluntarism and scepticism; 6.4. Price and the rational character of moral truths; -/- VII Leibniz’s compromise between the new moral science and Aristotelianism 1.Leibniz against voluntarism; 2.Leibniz against the division between the physical and the moral good; 3.Leibniz on la place d’autrui and theological consequentialism; 4.Thomasius, Wolff, Crusius -/- VIII French eighteenth-century philosophers without the new moral science 8.1. The genealogy of our ideas of virtue and vice; 8.2. Maupertuis and moral arithmetic 8.3. The philosophes and the harmony of interests; 8.4. Rousseau on corruption, self-love, and virtue; 8.5. Sade on the merits of vice -/- IX Experimental moral science: Hume and Adam Smith 9.1. Mandeville’s paradox; 9.2. Hutcheson on the law of nature and moral faculties; 9.3. Hume on experimental moral philosophy and the intermediate principles; 9.4. Hume’s Law; 9.5. Hume on the fellow-feeling; 9.6. Hume on natural and artificial virtues and disinterested pleasure for utility; 9.7. Adam Smith’s anti-realist metaethics; 9.8. Adam Smith on self-deception and the paradox of happiness; 9.9. Adam Smith on sympathy and the impartial spectator; 9.10. Adam Smith on the twofold criterion for moral judgement and its paradox; 9.11. Reid on the refutation of scepticism and the self-evidence of duty -/- X Kantian ethics 10.1. Kantian metaethics: moral epistemology; 10.2. Kantian metaethics: moral ontology; 10.3. Kantian metaethics: moral psychology; 10.4. Kantian normative ethics; 10.5. Kant on the impracticability of applied ethics; 10.6. Kantian moral anthropology; 10.7. Civilisation and moralisation; 10.8. Theology on a moral basis and the origins of evil; 10.9. Fichte and the transformation of theoretical philosophy into practical philosophy XI Bentham and utilitarianism 11.1. Bentham’s linguistic theory; 11.2. Bentham’s moral ontology, psychology, and theory of action; 11.3. The principle of greatest happiness; 11.4. The critique of religious ethics; 11.5. The new morality; 11.6. Interest and duty; 11.7. Virtues; 11.8. Private ethics and legislation -/- XII Followers of the Enlightenment: liberal Judaism and Liberal Theology 12.1. Mendelssohn; 12.2. Salomon Maimon; 12.3. Haskalā and liberal Judaism; 12.4. Liberal Theology. -/- XIII Counter-Enlighteners 13.1.Romanticism and the fulfilment of individuality as the Summum Bonum; 13.2. Hegel on history as the making of liberty; 13.3. Hegel on the unhappy consciousness and the beautiful soul; 13.4. Hegel on Morality and Sittlichkeit; 13.5. Marx on ideology, alienation, and praxis; 13.6. Schopenhauer on compassion; 13.7. Kierkegaard on faith beyond ethics. -/- XIV Followers of the Enlightenment: intuitionists and utilitarian 14.1 Whewell‘s criticism of utilitarianism; 14.2 Whewell on morality and the philosophy of morality; 14.3 Whewell on the Supreme Norm; 14.4 Whewell on the conflict between duties; 14.5 Mill and the proof of the principle of utility; 14.6 Mill’s eudemonistic utilitarianism; 14.7 Mill on rules -/- XV Followers of the Enlightenment: neo-Kantians and positivists 15.1. French spiritualism; 15.2. Neo-Kantians: the Marburg school; 15.3. Neo-Kantians: the Marburg school; 15.4. Comte’s positivism and the invention of altruism; 15.5. Social Darwinism; 15.6. Wundt and an ethic of humankind -/- XVI Post-enlighteners: Sidgwick 16.1. Criticism of intuitionism; 16.2. On ethical egoism; 16.3. Criticism of utilitarianism -/- XVII Post-enlighteners: Durkheim 17.1. Sociology as physics of customs; 17.2. Morality as physics of customs and as practical science; 17.3. On Kantian ethics and utilitarianism; 17.4. The variability of moralities;17.5. Social solidarity as end and justification of morality; 17.6. Secular morality as “sociodicy”; XVIII Post-enlighteners: Nietzsche 18.1. On the Dionysian; 18.2. On the deconstruction of the world of values 18.3 On the twofold genealogy of moralities; 18.4. On ascetics and nihilism; 18.5. Normative ethics of self-fulfilment -/- Bibliography / Index of names / Index of concepts -/- . (shrink)

The papers of this special issue are the outcome of a two-­‐day conference entitled “The Second-­‐Person Standpoint in Law and Morality,” that took place at the University of Vienna in March 2013 and was organized by the ERC Advanced Research Grant “Distortions of Normativity.” -/- The aim of the conference was to explore and discuss Stephen Darwall’s innovative and influential second-­‐personal account of foundational moral concepts such as „obligation“, „responsibility“, and „rights“, as developed in his book The Second-­‐Person Standpoint: Morality, (...) Respect, and Accountability (Harvard University Press 2006) and further elaborated in Morality, Authority and Law: Essays in Second-­‐Personal Ethics I and Honor, History, and Relationships: Essays in Second-­‐Personal Ethics II (both Oxford University Press 2013). -/- With the second-­‐person standpoint Darwall refers to the unique conceptual normative space that practical deliberators and agents occupy when they address claims and demands to one another (and to themselves). The very first sentence of Darwall’s examination of the second-­‐personal conceptual paradigm summarizes the gist of the argument succinctly when he claims that “the second-­‐person standpoint [is] the perspective that you and I take up when we make and acknowledge claims on one another’s conduct and will.” (Darwall 2006, 3) The Second-­‐Person Standpoint reminds us that this perspective has been ignored for much too long and that it better take centre stage in any philosophical analysis of moral phenomena, in order to yield a satisfying account of morality as a social institution. The negative part of Darwall’s strategy is to show that neither a purely first-­‐personal approach (represented by Kant and contemporary Kantians), nor a third-­‐personal state-­‐of-­‐affairs-­‐perspective (represented by most varieties of contemporary consequentialism) are capable of accounting for the categorical bindingness characteristic of moral obligation. The latter feat can only be accomplished, and this is the positive part of Darwall’s argument, when those second-­‐ personal normative “felicity conditions” and conceptual presuppositions are acknowledged and spelled out that are already presupposed in every instance of issuing (putatively valid) claims and demands. It is especially second-­‐personal competence and second-­‐personal authority that are the bedrock of these normative conceptual presuppositions, without which engaging in any meaningful address would be impossible. Kantians and utilitarians alike have neglected this critical dimension of the normative landscape. -/- In addition to working out an original conception of moral obligation, the first eight chapters of The Second-­‐Person Standpoint articulate this fundamental insight with respect to a variety of traditional projects in ethical theory such as developing accounts of moral responsibility, rights, dignity, and autonomy. In this context, special emphasis is to be awarded, on the one hand, to Darwall’s refreshing second-­‐personal interpretation of Strawson’s influential account of reactive attitudes and moral responsibility and, on the other, to his historically well-­‐informed reconstruction of Samuel Pufendorf’s often neglected version of an enlightened theistic voluntarism concerning moral authority. Darwall dedicates the second part of The Second-­‐Person Standpoint to the urgent question: how should one respond to the sceptical challenge that expresses utter indifference to the second-­‐person standpoint, including all its multifarious normative presuppositions and implications? What commits us to all this? It is at this point that Darwall, firstly, refines his criticisms of the Kantian, first-­‐personal, paradigm of normativity and emphasizes that only if one already incorporates the second-­‐personal conceptual apparatus into a Kantian analysis of moral obligation is the latter going to yield a convincing account. Secondly, and this certainly is one of the highlights of Darwall’s theory, the Second-­‐Person Standpoint employs themes from Fichte’s philosophy of right in order to strengthen the case for the inescapability of taking up the second-­‐person standpoint of moral obligation. In his contribution for this special issue Darwall further develops his diagnosis that Fichte’s thought offers in many respects a more promising, since more second-­‐personal, foundation of morality than, for example, Kant’s. -/- By now, the impact of Darwall’s second-­‐person standpoint theory has far transcended the confines of contemporary debates on moral obligation. Darwall has put to use the second-­‐personal apparatus to critical engagements with Joseph Raz’s theory of legal authority and Derek Parfit’s convergence arguments for his recent Triple Theory of moral wrongness. The constant theme that unifies all these diverse applications remains the one so impressively presented in The Second-­‐Person Standpoint: without paying attention to the “interdefinable” and “irreducible” circle of (four) foundational second-­‐ personal concepts (valid demand, practical authority, second-­‐personal reason, and accountability), neither superior epistemic status (Raz) nor the identification of optimific states of affairs (Parfit) are potent enough sources to generate anything close to the authority relationships that underlie the idea involved in obligating ourselves and one another. Given all of the above, it comes as no surprise that Darwall reserves his strongest sympathies for a specific ethical theory, namely contractualism. Our commitment to equal basic second-­‐personal authority, that Darwall arrives at through his Fichtean rectification of the Kantian project, leads him to the endorsement of a contractualist paradigm in the spirit of broadly Rawls and Scanlon. -/- . (shrink)

The project “A Plurality of Lives” was funded and hosted by the Pufendorf Institute for Advanced Studies at Lund University, Sweden. The aim of the project was to better understand how a second origin of life, either in the form of a discovery of extraterrestrial life, life developed in a laboratory, or machines equipped with abilities previously only ascribed to living beings, will change how we understand and relate to life. Because of the inherently interdisciplinary nature of the project (...) aim, the project took an interdisciplinary approach with a research group made up of 12 senior researchers representing 12 different disciplines. The project resulted in a joint volume, an international symposium, several new projects, and a network of researchers in the field, all continuing to communicate about and advance the aim of the project. (shrink)

Criticisms of John Locke as a ‘bourgeois’ or ‘possessive individualist’ have been hotly contested since their appearance in the 1950s and 1960s. Locke's defenders have countered that his economic thought was governed by doctrines of charity, community and the public good. This project of recovering a kinder, gentler Locke has brought with it an emphasis on the centrality of Grotius and Pufendorf to seventeenth-century discussions of natural law. Still, the emergence of the ‘Grotius-Pufendorf thesis’ may have eclipsed other (...) sources of Locke's political economy. I will suggest that Locke's writings on trade and economic accumulation are better understood in light of a seventeenth-century economic discourse of pamphlets, tracts and sermons rooted in the practical theology of Calvinism. (shrink)

In this paper I argue that differences between the ‘new moral science’ of the seventeenth century and scholastic natural law theory originated primarily from the skeptical challenge the former had to face. Pufendorf’s project of a scientia practica universalis is the paramount expression of an anti-skeptical moral science, a ‘science’ that is both explanatory and normative, but also anti-dogmatic insofar as it tries to base its laws on those basic phenomena of human life which, supposedly, are immune to skeptical (...) doubt. The main scholastic legacy to the new moral science is the dichotomy between an ‘intellectualist’ and a ‘voluntarist’ view of natural law (or between lex immanens and lex imposita). Voluntarism lies at the basis of both theological views, such as Calvinism, and political views, such as those of Hobbes and Locke. The need to counterbalance the undesirable implications of extreme voluntarism may account for much of the developments in ethics and politics during the seventeenth and eighteenth centuries.Scottish natural jurisprudence, which tried to find a middle way between skepticism and extreme voluntarism, is less secular and more empirical than received wisdom admits. There emerged, as one of its ‘accidental’ outcomes, a systematic, self-contained and empirical economic theory from the search for an empirically based normative theory of social life. The basic assumption of such a theory, namely, the notion of societal laws as embedded in trans-individual mechanisms, derives from the voluntarist view of natural law as ‘imposed’ law.Later discussions of social issues in terms of ‘economic’ and ‘ethical’ reasons originated partly from a misreading ofthe Scottish natural jurisprudential framework of economic theory. Starting with this reconstruction, I try to shed some light on recent discussions about the role of ethics in economics. (shrink)

RESUMO:O objetivo deste artigo é discutir sobre os conceitos de obrigação e lei natural, tendo como referência o polêmico debate moderno envolvendo intelectualismo e voluntarismo. Em um primeiro momento, destacaremos a rejeição de Wolff ao voluntarismo de Pufendorf e sua orientação em direção ao intelectualismo de Leibniz. Conforme essa nova orientação, uma teoria da lei natural não deve basear seu conceito de obrigação na autoridade das leis e em seu poder coercitivo, mas, por outro lado, unicamente na ideia de (...) necessidade moral, interpretada como expressão da ligação natural universal dos seres racionais com o dever. Em um segundo momento, apresentaremos os efeitos dessa discussão no pensamento inicial de Kant, que, se posicionando diante mesmo de Wolff e Baumgarten, vai empreender a superação de seus predecessores, através de uma revisão conceitual do problema, a qual culminará nos pressupostos de sua doutrina ética madura. -/- ABSTRACT:This paper highlights the debate around the concepts of obligationand natural law, with reference to the controversial modern discussion involving intellectualism and voluntarism. Firstly, we highlight Wolff’s rejection of the voluntarism of Pufendorf and Wolff’s orientation toward the intellectualism of Leibniz. For intellectualism, a theory of natural law should not ground the concept of obligation in the authority of laws and in their coercive power, but in the idea of moral necessity, understood as an expression of the universal natural connection of rational beings with duty. We then present the effects of this discussion on Kant’s early thought. Kant undertook to go beyond Wolff and Baumgarten through a conceptual review of the problem, which culminated in the assumptions of his mature ethics -/- This paper highlights the debate around the concepts of obligation and natural law , with reference to the controversial modern discussion involving intellectualism and voluntarism. Firstly, we highlight Wolff’s rejection of the voluntarism of Pufendorf and Wolff’s orientation toward the intellectualism of Leibniz. For intellectualism, a theory of natural law should not ground the concept of obligation in the authority of laws (established as an arbitrary decree of God) and in their coercive power (interpreted as fear of punishment), but in the idea of moral necessity, understood as an expression of the universal natural connection of rational beings with duty. We then present the effects of this discussion on Kant’s early thought. Kant undertook to go beyond Wolff and Baumgarten through a conceptual review of the problem, which culminated in the assumptions of his mature ethics. (shrink)

I argue that the difference between the 17th century new moral science and Scholastic Natural Law Theory derived primarily from the skeptical challenge the former had to face. Pufendorf's project of a 'scientia practica universalis' was the paramount expression of an anti-skeptical moral science, a «science» both explanatory and normative, but also anti-dogmatic in so far as it tried to base its laws on those basic phenomena of human life that supposedly were outside the scope of skeptical doubt. Of (...) the Scholastic legacy to the new moral science, a dichotomy between an «intellettualistic» and a «voluntaristic» view of natural law (or between lex immanens and lex imposita). Voluntarism lays at the root both of theological views such as those of Calvinism and of political views such as those of Hobbes and Locke. A need to counterbalance undesirable implications of estreme voluntarism may account for much of 17th and 18th centuries developments in ethics and politics. Scottish natural jurisprudence, an expression of such quest for a third way between scepticism and extreme voluntarism, is less secular and more empirical than received wisdom admits of. One of its side-effects, namely a systematic, self-contained, and empirical economic theory, results from the search for a normative theory of social life on an empirical basis. The main tool for building such a theory, namely a view of societal laws as embedded in trans-individual mechanisms, derives from the voluntarist view of natural law as «imposed» law. Subsequent discussions of social issues based on the opposition of economic and ethical reasons originated partly from gross misreading of the Scottish natural jurisprudential framework for economic theory. (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)

A short reconstruction of the genesis of the idea of natural law, its rise to a central role in modern political theories, its nineteenth-century demise and qualified rehabilitation in the second half of the twentieth century.