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Single Idea 7403

[filed under theme 25. Social Practice / D. Justice / 2. The Law / d. Legal positivism ]

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.

Gist of Idea

Grotius ignored elaborate natural law theories, preferring a basic right of self-preservation

Source

report of Hugo Grotius (On the Law of War and Peace [1625]) by Richard Tuck - Hobbes Ch.1

Book Ref

Tuck,Richard: 'Hobbes: a very short introduction' [OUP 2002], p.26


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.


The 6 ideas with the same theme [laws as mere human inventions of social rules]:

Grotius ignored elaborate natural law theories, preferring a basic right of self-preservation [Grotius, by Tuck]
The legal positivism of Hobbes said law is just formal or procedural [Hobbes, by Jolley]
The existence of law is one thing, its merits and demerits another [Austin,J]
Hart replaced positivism with the democratic requirement of the people's acceptance [Hart,HLA, by Zimmermann,J]
For positivists law is a matter of form, for naturalists it is a matter of content [Scruton]
Following some laws is not a moral matter; trivial traffic rules, for example [Wolff,J]