A Brief History of Natural Law Sample Clauses

A Brief History of Natural Law. Though many scholars identify Aristotle as the father of natural law, this reading is an anachronism. The misunderstanding has likely arisen due to a conflation of original Aristotelian thought with its Thomist interpretation. Aquinas was in many ways an Aristotelian, but his theory of natural law is incompatible with Aristotle’s categorical rejection of universally true principles of right.2 It is more fitting to turn to the Stoics as the source of the natural law tradition, who held that there is an identifiable order to the universe with which conformity constituted the good. Stoic ontology and ethics are predicated on a material God. The Stoic God is identified with an “eternal reason, which structures matter in accordance with Its plan.”3 For Cicero, man shared in reason, as it is the first common possession of man and God.4 The universe is determined by the activity of God’s plan that shapes it into particular material manifestations of the elements. Eudaimonia for the Stoics requires living in accordance with this nature. Though liberal natural law theory is vastly different from this notion in its rejection of divine providence, Aquinas’ paradigmatic theory of natural law as man’s participation in the Eternal law is clearly related to Stoicism. 2 Xxxx Xxxxxx, "The Natural Law Tradition in Ethics,” The Stanford Encyclopedia of Philosophy, Winter 2010 Edition, ed. Xxxxxx X. Xxxxx, xxxx://xxxxx.xxxxxxxx.xxx/archives/win2011/entries/natural-law-ethics/, (accessed October 2011). 3 Dirk Baltzky, "Stoicism,” The Stanford Encyclopedia of Philosophy, Winter 2010 Edition, ed. Xxxxxx X. Xxxxx, xxxx://xxxxx.xxxxxxxx.xxx/archives/win2010/entries/stoicism/ (accessed October 2011). 4 Xxxxxx Xxxxxxx Xxxxxx, The Laws, Book I, from The Human Rights Reader: Major Political Writings, Essays, Speeches, and Documents from the Bible to the Present, ed. Xxxxxxxxx X. Xxxxx (London: Routledge, 1997), 25. Aquinas’ argument, expounded in Question 90: Of the Essence of Law, proceeds in this way: “Law is a certain rule and measure whereby man is induced to act or is restrained from acting… the rule and measure of human acts is reason, the first principle of action… [therefore], law is something pertaining to reason.”5 It is in this work that Aquinas defines law as “nothing else than an ordinance of reason for the promotion of the common good, made by him who has the care of the community, and promulgated.”6 What is called “new” or “liberal” natural law theory, despite departing...
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