Combining Philosophers

Ideas for Amos, Galen and Hugo Grotius

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4 ideas

25. Social Practice / D. Justice / 2. The Law / c. Natural law
Grotius and Pufendorf based natural law on real (rather than idealised) humanity [Grotius, by Ford,JD]
     Full Idea: Grotius and Pufendorf transformed the natural law tradition by starting from identifiable traits of human nature rather than ideas about what human beings ought to be.
     From: report of Hugo Grotius (On the Law of War and Peace [1625]) by J.D. Ford - Pufendorf, Samuel p.863
A natural right of self-preservation is balanced by a natural law to avoid unnecessary harm [Grotius, by Tuck]
     Full Idea: For Grotius, there was a fundamental 'natural right' of self-preservation upon which all known moralities and codes of social behaviour must have been constructed, but it is balanced by a fundament duty or 'natural law' to abstain from harming others.
     From: report of Hugo Grotius (On the Law of War and Peace [1625]) by Richard Tuck - Hobbes Ch.2
     A reaction: This theory has the virtue of economy, but I don't see how you can clearly justify those particular natural rights and laws, without allowing others to creep in, such as a right to a decent share of food, or a law requiring some fairness.
25. Social Practice / D. Justice / 2. The Law / d. Legal positivism
Grotius ignored elaborate natural law theories, preferring a basic right of self-preservation [Grotius, by Tuck]
     Full Idea: Grotius said there was a minimum core of morality (based on self-preservation), and disregarded the elaborate accounts of principles of natural law which Aristotelians had always sought to develop.
     From: report of Hugo Grotius (On the Law of War and Peace [1625]) by Richard Tuck - Hobbes Ch.1
     A reaction: Aquinas would be the key Aristotelian here. I tend towards the Aristotelian view. If you go for the minimal view, it is not clear why there is a 'right' to self-preservation, rather than a mere desire for it.
25. Social Practice / D. Justice / 3. Punishment / a. Right to punish
We execute irredeemable people, to protect ourselves, as a deterrent, and ending a bad life [Galen]
     Full Idea: We kill the irredeemably wicked, for three reasons: that they may no longer harm us; as a deterrent to others like them; and because it is actually better from their own point of view to die, when their souls are so damaged they cannot be improved.
     From: Galen (The soul's dependence on the body [c.170], Kiv.11.816)
     A reaction: The third one sounds like a dubious rationalisation, given that the prisoner probably disagrees. Nowadays we are not so quick to judge someone as irredeemable. The first one works when they run wild, but not after their capture.