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Single Idea 22133

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

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.

Gist of Idea

Grotius and Pufendorf based natural law on real (rather than idealised) humanity

Source

report of Hugo Grotius (On the Law of War and Peace [1625]) by J.D. Ford - Pufendorf, Samuel p.863

Book Ref

'Shorter Routledge Encyclopaedia of Philosophy', ed/tr. Craig,Edward [Routledge 2005], p.863


The 9 ideas from 'On the Law of War and Peace'

Nations are not obliged to help one-another, but are obliged not to harm one another [Grotius, by Tuck]
Everyone has a right of self-preservation, and harming others is usually unjustifiable [Grotius, by Tuck]
Democracy needs respect for individuality, but the 'community of friends' implies strict equality [Grotius]
A person is free to renounce their state, as long as it is not a moment of crisis [Grotius, by Rousseau]
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]
Grotius ignored elaborate natural law theories, preferring a basic right of self-preservation [Grotius, by Tuck]
Moral principles have some validity without a God commanding obedience [Grotius, by Mautner]
It is permissible in a just cause to capture a place in neutral territory [Grotius]