Chapter 6

THE SCIENTIFIC VIEW OF THE WORLD

Part 4 Political Theory: The School of Natural Law

Political Theory: The School of Natural Law

• Science deals with what does exist or has existed. It does not tell what ought to exist.

• Political theory is in a sense more practical than science. Its main purpose is to describe what society and government ought to be like, in view of human nature and the capacity to be miserable or contented.

• But political theory was affected by the scientific view.

Niccolo Machiavelli, The Prince

Natural law and natural right

The seventeenth century was the classic age of the philosophy of natural right or of natural law.

• “Natural law” and “natural right”

• “law of nations”

Hobbes and Locks• Absolutism and Thomas Hobbes• John Locke• Locke’s influence• Locke on the English revolution

Political Theory: The School of Natural Law

• 1. Political theory is not scientific• a. Science deals with what does exist• b. Political theory deals with what ought to exist• c. Machiavelli• i.  Government ought to be republican• ii.  Citizens ought to have attachment to the state• iii. Rulers ought to behave in such way as to sustain their

rule• iv. Sense of immorality is described• 1.  controversy surrounds whether immorality was

advocated

Political Theory: The School of Natural Law

• 2. Natural Right and Natural Law• a. What is right?• i.  In the structure of the world, a law that distinguishes right

from wrong exists• ii. The law that exists is a natural law• 1. positive law may or may not be just• 2. natural law exists as the reference point for the justness of

all positive law• a.  cannibalism is bad• b.  forced labor is bad• iii.  Natural law supercedes all people and is universal• 1.  Cannot make a bad law a just law

Political Theory: The School of Natural Law

• b. Reason will guide the ability to recognize natural law

• i.  The intellect will have to be cultivated

• ii.  Such cultivation will bring all to the same understanding independent of cultural background

• iii.  This concept is challenged by Freud

• c.  Grotius and Pufendorf

• i.   Sovereign states should work together for the common good

• ii.  A community of nations in the absence of a higher authority must subordinate self interests to natural reason and justice

• 1. freedom of the seas

• 2.  immunity of ambassadors

Political Theory: The School of Natural Law• 3. Hobbes and Locke• a. The philosophy of natural law justified both constitutional and

absolutist governments• b. The state had to be justified• i.   Divine right of kings or historical context of constitutionalism• ii.   Neither satisfactorily answered the question of legitimacy• c.   Hobbes• i.    Absolutism• 1.   violence and disorder of the English Revolution• 2.    Humans have no capacity for self government• a.    Solitary, nasty, brutish, and short lived

• 3.   Leviathan• a.    People contract with the government to prevent

disorder• b.   The Ruler has unrestricted or absolute power• c.   The Ruled have stability and effective institutions• 4.   Government is a device created by man not from

God s dispensation�• 5.     Absolute power was to be used to promote

individual welfare• a.      Hobbes did not support totalitarianism

• d. Locke• i.  Good government is an expedient of human purpose• ii.  Government is based on a contract:  Two Treatises of �

Government• iii.  People could learn from experience and in a state of nature were

reasonable and moral independent of government• iv.  Property is a natural right• 1.  individuals cannot protect their proper (ty) rights• 2.  government is set up to protect property• 3.  Mutual obligations• a.  Government must protect rights• b.  Governed must support the government• v.   Liberty• 1.   the freedom to act without compulsion by another• 2.   education is the key to rational and responsible behvior

•  vi. Lockes influence is widespread and varied• 1.   Slavery• a.   Using Locke it was argued that certain races lacked

the capacity to benefit from education• 2.   Later Locke was used to effectively challenge slavery• 3.   Limiting the power of a monarch was deemed

modern and forward looking• 4.   Checked the power of absolutists• vii.  Constitutional government is not the will of God• 1.    it rested on the natural law of individual rights• viii.  Locke launches into the modern world the tradition

of constitutional government

• e. By 1700

• i.  Faith in science

• ii. Faith in human reason

• iii. Faith in the existence of natural human rights

• iv. Faith in progress