Posts tagged with: natural law

HaleLegal historian Sir Matthew Hale has been described as “one of the greatest jurists of the modern common law.” Yet during his lifetime (1609-1676), he chose not to publish most of his legal writings, going so far as to prohibit such publication in his will.

Against these wishes, many manuscripts were copied and circulated by other lawyers after his death. One such work, Of the Law of Nature, was written on multiple hand copies, and now, for the first time ever, it is available via CLP Academic.

As its title indicates, the treatise explores the natural law, its discovery and divine origin, and how it relates to both biblical and human laws. Hale’s close connection between law and theology also demonstrates the importance of natural law to early modern legal thought.

The work was most likely written as a series of private meditations and reflections by Hale, giving it a unique, free-flowing style. Hale also brings a unique theological background and perspective to the topic, as editor David Sytsma explains in the introduction:

Sometime between writing the Discourse (ca. 1639–1641) and the Law of Nature (ca. 1668–1670) Hale’s religious perspective underwent a shift in the direction of Arminianism away from the Calvinism of his youth…In a manuscript likely written in the late 1650s, Hale still affirmed the traditionally Calvinist belief that the light of nature is insufficient for salvation. But after the Restoration he moved toward an Arminian soteriology which understood the gospel of the new covenant as offering forgiveness of sins by a condition of imperfect, sincere obedience. He also came to affirm the view, commonly associated with Arminianism, that virtuous pagans could be saved through obedience to the natural law (discussed below). In the last years of his life Hale professed that “Points controverted between the Arminians and Calvinists” regarding God’s decrees, his influence on the human will, the resistibility of grace, and so forth were impossible to determine and of “inconsiderable moment.” …Whether or not Hale changed his mind in the last year of his life, the soteriology present in his Law of Nature is clearly representative of his Arminian turn.

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property and practical reasonAt Public Discourse, Samuel Gregg (Acton’s director of research) discusses Adam Macleod’s Property and Practical Reason, which Gregg says attempts to rethink this key element of economic liberty and renews “the manner in which natural law scholars have traditionally addressed this topic.”

Gregg first outlines classical reflections on natural law. Then, he offers what he sees as Macleod’s insights:

In addition to drawing on new natural law theory (of which he provides one of the most accessible explanations that I’ve read), MacLeod is attentive to other exponents of pluralist non-paternalistic perfectionist accounts of law, such as the liberal legal theorist Joseph Raz. MacLeod’s core thesis is summarized concisely in the second sentence of the book’s introduction: “institutions of private ownership are justified, and in many communities are required, by a basic moral principle. That principle is equal respect for human beings as agents of practical reason.”

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Mary Wollstonecraft

Mary Wollstonecraft

Most of us associate the words “I have a dream” with the iconic speech of Martin Luther King, Jr. But there was a woman, nearly 200 years earlier, who wrote of her own impassioned dreams of liberty.

Mary Wollstonecraft was born in 1759 in England and championed social and educational equality for women. The daughter of a farmer, Wollstonecraft came to debate the likes of Edmund Burke regarding natural law, revolution and individual liberty.

What is intriguing about Wollstonecraft is that she continued the discussion in this later book in order to apply for the first time these ideas about individual liberty to women as well as men. Having established this to be the case to her satisfaction she then asked the further question why were women in the subordinate position they were in vis-à-vis men? Her answer was that they were held in this position by a combination of force (laws which discriminated against them in terms of property ownership, education, and marriage) and established opinion regarding the proper role of women in the home and in society. Her solution was to equalize women before the law and to encourage parents to devote the same effort in educating their daughters as they did their sons.

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che quevara tWouldn’t it be nice if we could all just get along? We could share all our stuff. You know, you could borrow my cashmere sweater that I saved up for, and I could borrow your Che Guevara t-shirt you got at in the dollar bin at the local flea market. Isn’t that what Christians are supposed to do?

John Zmirak thinks otherwise. At The Stream, Zmirak takes on those Christians who have a warm, fuzzy spot in their misguided hearts for what he calls “friendly fascism.” He reflects on Elizabeth Stoker-Bruenig’s latest piece in the New Republic, in which she scolds conservatives for “fighting” Pope Francis’ attempts to open the Church up to new economic ways of thinking.

She credits her discovery of Catholicism to the influence of a priest who called himself a “Christian socialist.” You remember socialism — the ideology that was denounced by Pope Leo XIII and Pope Pius XI even before its most orthodox forms claimed the lives of some 94 million people. It’s the system which still governs North Korea, Cuba and Venezuela, and in more diluted versions is slowly poisoning Western Europe.

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David J. Theroux, founder and president of The Independent Institute and the C.S. Lewis Society of California, discusses the writings of C.S. Lewis and Lewis’s views on liberty, natural law and statism.

purple penguinIn 1994, a clever man named James Finn Garner published Politically Correct Bedtime Stories. Garner did fabulous send-ups of familiar stories, with a twist: all of them were carefully constructed so as to offend NO ONE:

There once was a young person named Red Riding Hood who lived with her mother on the edge of a large wood. One day her mother asked her to take a basket of fresh fruit and mineral water to her grandmother’s house—not because this was womyn’s work, mind you, but because the deed was generous and helped engender a feeling of community. Furthermore, her grandmother was not sick, but rather was in full physical and mental health and was fully capable of taking care of herself as a mature adult. (more…)

Blog author: ehilton
Thursday, August 7, 2014
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Archbishop Charles J. Chaput

Archbishop Charles J. Chaput

There are days when I almost give into despair. When I read stories like this, I think all is lost. Humanity is not worth a bucket of warm spit.

Thankfully, good men like Archbishop Charles Chaput of Philadelphia beg to differ. Today at Public Discourse, Chaput offers his thoughts on how culture can be saved, and the answer is Christianity. (Please read the entire piece; it is worth every moment of your busy day.)

Chaput begins by stating the basic facts of natural law, and how good human law must stand on this. He reminds us that, without natural law, “human rights have no teeth.” Rights separated from natural law become “inhuman.” Chaput recalls another basic of political and legal philosophy: laws are meant to help us be good. They may restrict us, but only in positive ways. They create justice, peace and ultimately freedom. He then discusses the argument that one should not force one’s morality on anyone else. (more…)