display all the ideas for this combination of philosophers
5 ideas
| 22133 | 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 |
| 7406 | 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. |
| 7403 | 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. |
| 22604 | Punishing a criminal for moral ignorance is the same as punishing someone for being blind [Epictetus] |
| Full Idea: You should ask 'Ought not this man to be put to death, who is deceived in things of the greatest importance, and is blinded in distinguishing good from evil?' …You then see how inhuman it is, and the same as 'Ought not this blind man to be put to death?' | |
| From: Epictetus (The Discourses [c.56], 1.18.6-7) | |
| A reaction: This is the doctrine of Socrates, that evil is ignorance (and weakness of will [akrasia] is impossible). Epictetus wants us to reason with the man, but what should be do if reasoning fails and he persists in his crimes? |
| 23368 | Perhaps we should persuade culprits that their punishment is just? [Epictetus] |
| Full Idea: The governor Agrippinus would try to persuade those whom he sentenced that it was proper for them to be sentenced, …just as the physician persuades a patient to accept their treatment. | |
| From: Epictetus (The Handbook [Encheiridion] [c.58], 22) | |
| A reaction: This resembles the Contractualism of T.H. Scanlon (that actions are good if you can justify them to those involved). It may be possible to persuade people by the use of sophistry and lies. Nevertheless, a fairly civilise proposal. |