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Copyright Feric 2011 Natural Law and Common Law Traditions.
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Transcript of Copyright Feric 2011 Natural Law and Common Law Traditions.
Copyright Feric 2011
Aristotle (and Plato and Cicero)
argued that morality is not conventional, but natural.
There is a natural law that must be obeyed whether it is written down by legislative authorities or not. This is the essence of classical natural law theory.
This conventionalist view was opposed from Plato
Copyright Feric 2011
Cicero 106 BC–43 BC
True law is right reason in agreementwith nature; it is of universal application, unchanging and
everlasting ... Whoeveris disobedient is fleeing from himself and denying his human nature ...
Copyright Feric 2011
Thomas Aquinas1225–1274
Eternal Law All the laws of the universe Natural Law The portion of the eternal law
that man can know through “reason” Man-made Law Laws or regulations like
traffic ordinances Divine Law Law only known through
revelation (religious faith)
Copyright Feric 2011
Aquinas establishes that non-Christianscan learn “Natural Law” through reason
This dramatically changes Christianthought
Original Sin affects the soul, not the mind
Copyright Feric 2011
Major Break with the Past: Major Changes – The Beginning of the Modern Era
1476 Swiss Pikemen1517 Luther1500-1520 Machiavelli
Copyright Feric 2011
Swiss Pikemen — Army of Peasants
Defeat the greatest warrior in Europe, Charles the Bold of Burgundy and his
Knights, twice
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MACHIAVELLI1469–1527
Father of Modern Liberal Democracy
Moves away from Natural LawUses History
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RETURN TO the Ancient Roman Paideia the Virtue of Heroic Martial Honor
Reject the Christian Message
Copyright Feric 2011
Richard Hooker brings the Natural Law tradition to Anglican England.
He makes Aquinas
acceptable to Anglicans.
Richard Hooker1554–1600
Copyright Feric 2011
Protestants from Luther on rejected Natural Law.
Truth only comes from Divine Revelation as revealed to be consistent with Scripture.
Humans had original sin, which meant that their soul, mind, and body where corrupted by sin.
Human reason was corrupt and could not be trusted.
Copyright Feric 2011
Aquinas brought Aristotelian Natural Law back into the Western tradition
Hooker allows it to stay in the Anglican (English) tradition
Very contrary to Puritan and Presbyterian Protestant doctrine
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Francis Bacon 1561–1626
Wants to Overthrow and Conquer Nature Wants to Subvert the Church Throw the Priests Out of Universities Bring in the Scientists Science Is King
Copyright Feric 2011
Thomas Hobbes 1588–1679
Bacon’s Secretary Reason Is the Slave to Passion
Like Machiavelli
Restores Justice-- but only as a tool
Orient Society around fear of violent death War Is an Obstacle to Progress
-- an obstacle to Commerce
Copyright Feric 2011
ONLY
A Strong King can keep the Peace, through
fear of a Violent DeathPeace allows CommerceWe can get bits of satisfaction.
Copyright Feric 2011
Algernon Sidney 1623–1683
Sidney adheres more to the ancient view of “Natural Law” more than
Locke doesMan is a political animal.
Man’s natural state is within a society.
Copyright Feric 2011
Sidney writes Discourses concerning Government to counter Robert Filmer’s Patriarcha, which supports the heredity
monarchy. Both men use Hooker extensively to make
their arguments.
Hooker is the authority
Copyright Feric 2011
John Locke 1632–1704
Locke uses Hooker as a beginning Hooker’s view on Natural Law was the
accepted norm in Stuart England Protestant dissenters rejected Natural Law Locke began with Hooker to launch his new
view of Natural Law
Copyright Feric 2011
Locke followed Thomas Hobbes’ notion that man was a solitary being in the State of Nature Natural Rights with the individual
Counters the Ancients, Aquinas, Hooker, and Sidney that Man is a political animal. Natural Rights within a society
Copyright Feric 2011
John Locke
Continues the Move away from Christianity
God gave man the EARTH God gave man REASON Natural Providence is a Reflection of Divine
Providence
Copyright Feric 2011
Every Man Has Propertyin His Own Person
Major Paradigm Shift The Labor or Work of my hands are mine ----
My Property Common land becomes “my land.” “I work it. It’s mine!”
Copyright Feric 2011
GENESIS 1:28
CHRISTIANS and JEWS
Be fruitful and multiply and replenish the Earth . . .
BACON and LOCKE
. . . and subdue it.
Copyright Feric 2011
In America, Lockean Thought
Justifies colonization Justifies taking Indian land Justifies homesteads and settlements
Copyright Feric 2011
James Harrington (1611–1677) Oceana-- 1656
derived a theory akin to separation of powers from the old idea of mixed government.
Copyright Feric 2011
Charles de Secondat, baron de Montesquieu (1689–1755)
Checks and Balances Only small republics
can work
Copyright Feric 2011
David Hume (1711–1776)
History Strongmen become king –
the beginning of government He mocks Locke – “When was there ever a
‘state of nature’?”
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James Madison (1751–1836)
The Science of Politics Checks and Balances Balance of Power A republic over a large area to minimize
factions
Copyright Feric 2011
Natural Law — Natural Rights Consent of the Governed
Life Liberty Property (pursuit of happiness)
Copyright Feric 2011
BUTMan and Factions Can’t Be Trusted
Virtue must be in the Institution, not in the man
Men will Pursue GLORY
GOOD!GOOD!