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Single Idea 20856

[filed under theme 25. Social Practice / D. Justice / 2. The Law / c. Natural law ]

Full Idea

Chrysippus says (in On the Honourable) that justice is natural and not conventional, as are the law and right reason.

Gist of Idea

Justice, the law, and right reason are natural and not conventional

Source

report of Chrysippus (fragments/reports [c.240 BCE]) by Diogenes Laertius - Lives of Eminent Philosophers 07.128

Book Ref

'The Stoics Reader', ed/tr. Inwood,B/Gerson,L.P. [Hackett 2008], p.123


A Reaction

How does he explain variations in the law between different states? Presumably some of them have got it wrong. What is the criterion for deciding which laws are natural?


The 22 ideas with the same theme [laws arising from the natural state of mankind]:

Natural justice is the same everywhere, and does not (unlike legal justice) depend on acceptance [Aristotle]
Justice, the law, and right reason are natural and not conventional [Chrysippus, by Diog. Laertius]
Stoics originated the concept of natural law, as agreed correct reasoning [Stoic school, by Annas]
Tyrannical laws are irrational, and so not really laws [Aquinas]
Right and wrong actions pertain to natural law, as perceived by practical reason [Aquinas]
Natural law is a rational creature's participation in eternal law [Aquinas]
Human laws must accord with the general laws of Nature [Hooker,R]
Grotius and Pufendorf based natural law on real (rather than idealised) humanity [Grotius, by Ford,JD]
A natural right of self-preservation is balanced by a natural law to avoid unnecessary harm [Grotius, by Tuck]
We should obey the laws of nature, provided other people are also obeying them [Hobbes, by Wolff,J]
Obligation to obey all positive laws is older than all laws [Cudworth]
Natural law is immutable truth giving moral truths and duties independent of society [Cumberland]
The order of nature does not prohibit anything, and allows whatever appetite produces [Spinoza]
It is only by a law of Nature that we can justify punishing foreigners [Locke]
Natural law theory is found in Aquinas, in Leibniz, and at the Nuremberg trials [Leibniz, by Jolley]
Prior to positive laws there is natural equity, of obedience, gratitude, dependence and merit [Montesquieu]
Sensation gives animals natural laws, but knowledge can make them break them [Montesquieu]
Writers just propose natural law as the likely useful agreements among people [Rousseau]
Natural justice, without sanctions, benefits the wicked, who exploit it [Rousseau]
Kant completed Grotius's project of a non-religious basis for natural law [Scruton on Kant]
Natural law theorists fear that without morality, law could be based on efficiency [Zimmermann,J]
Instead of against natural law, we might assess unjust laws against the values of the culture [Tuckness/Wolf]