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Single Idea 7406
[filed under theme 25. Social Practice / D. Justice / 2. The Law / c. Natural law
]
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.
Gist of Idea
A natural right of self-preservation is balanced by a natural law to avoid unnecessary harm
Source
report of Hugo Grotius (On the Law of War and Peace [1625]) by Richard Tuck - Hobbes Ch.2
Book Ref
Tuck,Richard: 'Hobbes: a very short introduction' [OUP 2002], p.61
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.
The
22 ideas
with the same theme
[laws arising from the natural state of mankind]:
5246
|
Natural justice is the same everywhere, and does not (unlike legal justice) depend on acceptance
[Aristotle]
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20856
|
Justice, the law, and right reason are natural and not conventional
[Chrysippus, by Diog. Laertius]
|
3561
|
Stoics originated the concept of natural law, as agreed correct reasoning
[Stoic school, by Annas]
|
22114
|
Tyrannical laws are irrational, and so not really laws
[Aquinas]
|
22113
|
Right and wrong actions pertain to natural law, as perceived by practical reason
[Aquinas]
|
23174
|
Natural law is a rational creature's participation in eternal law
[Aquinas]
|
19897
|
Human laws must accord with the general laws of Nature
[Hooker,R]
|
22133
|
Grotius and Pufendorf based natural law on real (rather than idealised) humanity
[Grotius, by Ford,JD]
|
7406
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A natural right of self-preservation is balanced by a natural law to avoid unnecessary harm
[Grotius, by Tuck]
|
20484
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We should obey the laws of nature, provided other people are also obeying them
[Hobbes, by Wolff,J]
|
6225
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Obligation to obey all positive laws is older than all laws
[Cudworth]
|
6216
|
Natural law is immutable truth giving moral truths and duties independent of society
[Cumberland]
|
19916
|
The order of nature does not prohibit anything, and allows whatever appetite produces
[Spinoza]
|
19868
|
It is only by a law of Nature that we can justify punishing foreigners
[Locke]
|
7574
|
Natural law theory is found in Aquinas, in Leibniz, and at the Nuremberg trials
[Leibniz, by Jolley]
|
19959
|
Prior to positive laws there is natural equity, of obedience, gratitude, dependence and merit
[Montesquieu]
|
19960
|
Sensation gives animals natural laws, but knowledge can make them break them
[Montesquieu]
|
19750
|
Writers just propose natural law as the likely useful agreements among people
[Rousseau]
|
7245
|
Natural justice, without sanctions, benefits the wicked, who exploit it
[Rousseau]
|
7591
|
Kant completed Grotius's project of a non-religious basis for natural law
[Scruton on Kant]
|
20933
|
Natural law theorists fear that without morality, law could be based on efficiency
[Zimmermann,J]
|
20610
|
Instead of against natural law, we might assess unjust laws against the values of the culture
[Tuckness/Wolf]
|