For episode 18, see here
The Theory of the Nation State
XIX The Modernized Theory of Natural Law
A. Political philosophy released from association with theology in early 17th
Century.
1. Possible because gradual recession of religious conflict,
2. Gradual secularization of issues of political theory,
3. Secularization of intellectual interests bought on by the spread of
scholarship to antiquity,
4. Progress in mathematics and physical sciences.
B. Althusius -- Calvinist, anti-royalist
1. Separated jurisprudence and politics in reaction to Bodin
2. Based natural society on contract
i. contract explained relations between ruler and ruled (contract of
government)
ii. also explained existence of any group whatever (social contract)
3. State is built up from series of contracts of lesser social groups
down to the individual level
4. Sovereignty resided in the people as corporate body and could not
be alien to it
5. Government holds power for the sovereign
C. Grotius -- Natural Law
1. On the state, less clear than Althusius
2. Importance was on conception of law regulating relations between
states
3. Sought to base common (natural) law in pre-Christian thought
4. Argued against view of natural justice as motivated by
self-interest and therefore merely a social convention
i. appeal to utility is ambiguous since man is inherently social
ii. maintenance of society is a major utility
iii. peaceful social order is intrinsic good and conditions required
for it just as binding as those which serve private ends
iv. certain conditions or values must obtain if society is to persist
and are thus necessary to man's nature
v. these natural conditions are the basis of positive law of states
vi. natural law no more arbitrary than arithmetic
5. His attempt to rigorously ground reason part of move toward
"demonstrative" systems of philosophy
6. Natural law seen as basis for social and philosophical geometries
Descartes' method (427): "resolve every problem into its simplest elements; proceed by the smallest steps so that each advance may be apparent and compelling; take nothing for granted that is not perfectly clear and distinct."
D. Natural Law was introduction of normative element into law and politics.
E. Contained possible ambiguities not immediately apparent.
1. Differences between factual truth and logical implication
2. Ambiguity between logical and moral necessity
3. Critical analysis of these awaited Hume
F. Unity of system based on some general agreement on what was
important to insist on:
1. Obligation to consent
i. meant there were two parts to political theory -- contract and state
of nature
ii. this implied two contract, one as basis of the community and one
between the community and governing officials
2. Human well-being required enlightened intelligence
3. Middle class notion of individual human nature
4. Society seen as mode for man not the other way around
5. Relations in society less real than the individuals in themselves
Next week: England: Preparation for Civil War
The Theory of the Nation State
XIX The Modernized Theory of Natural Law
A. Political philosophy released from association with theology in early 17th
Century.
1. Possible because gradual recession of religious conflict,
2. Gradual secularization of issues of political theory,
3. Secularization of intellectual interests bought on by the spread of
scholarship to antiquity,
4. Progress in mathematics and physical sciences.
B. Althusius -- Calvinist, anti-royalist
1. Separated jurisprudence and politics in reaction to Bodin
2. Based natural society on contract
i. contract explained relations between ruler and ruled (contract of
government)
ii. also explained existence of any group whatever (social contract)
3. State is built up from series of contracts of lesser social groups
down to the individual level
4. Sovereignty resided in the people as corporate body and could not
be alien to it
5. Government holds power for the sovereign
C. Grotius -- Natural Law
1. On the state, less clear than Althusius
2. Importance was on conception of law regulating relations between
states
3. Sought to base common (natural) law in pre-Christian thought
4. Argued against view of natural justice as motivated by
self-interest and therefore merely a social convention
i. appeal to utility is ambiguous since man is inherently social
ii. maintenance of society is a major utility
iii. peaceful social order is intrinsic good and conditions required
for it just as binding as those which serve private ends
iv. certain conditions or values must obtain if society is to persist
and are thus necessary to man's nature
v. these natural conditions are the basis of positive law of states
vi. natural law no more arbitrary than arithmetic
5. His attempt to rigorously ground reason part of move toward
"demonstrative" systems of philosophy
6. Natural law seen as basis for social and philosophical geometries
Descartes' method (427): "resolve every problem into its simplest elements; proceed by the smallest steps so that each advance may be apparent and compelling; take nothing for granted that is not perfectly clear and distinct."
D. Natural Law was introduction of normative element into law and politics.
E. Contained possible ambiguities not immediately apparent.
1. Differences between factual truth and logical implication
2. Ambiguity between logical and moral necessity
3. Critical analysis of these awaited Hume
F. Unity of system based on some general agreement on what was
important to insist on:
1. Obligation to consent
i. meant there were two parts to political theory -- contract and state
of nature
ii. this implied two contract, one as basis of the community and one
between the community and governing officials
2. Human well-being required enlightened intelligence
3. Middle class notion of individual human nature
4. Society seen as mode for man not the other way around
5. Relations in society less real than the individuals in themselves
Next week: England: Preparation for Civil War
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