| 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. |
| 7573 | The legal positivism of Hobbes said law is just formal or procedural [Hobbes, by Jolley] |
| Full Idea: Hobbes was one of the first to propose the view known as 'legal positivism' - that the criterion for deciding whether a rule is a genuine law is entirely formal or procedural | |
| From: report of Thomas Hobbes (Leviathan [1651]) by Nicholas Jolley - Leibniz Ch.7 | |
| A reaction: This was opposed to the tradition of natural law, deriving from Aquinas. It is part of a picture of values draining out of the world as science comes to dominate. The is/ought distinction is its culmination. Power replaces virtue, and Thrasymachus wins. |
| 20930 | The existence of law is one thing, its merits and demerits another [Austin,J] |
| Full Idea: The existence of law is one thing; its merit and demerit another. Whether it be or be not is one enquiry; whether it be or be not conformable to an assumed standard is a different enquiry. | |
| From: John Austin (Lectures on Jurisprudence [1858], p.214), quoted by Jens Zimmermann - Hermeneutics: a very short introduction 6 'Positivism' | |
| A reaction: It is impossible to contest this point, but the issue is whether there is nothing more to law than its written existence. |
| 20931 | Hart replaced positivism with the democratic requirement of the people's acceptance [Hart,HLA, by Zimmermann,J] |
| Full Idea: Hart replaced Austin's concept of positive law as sovereign command with a more democratic ideal. In modern law-based societies the authority of law depends on the people's acceptance of a law's enduring validity. | |
| From: report of H.L.A. Hart (The Concept of Law [1961]) by Jens Zimmermann - Hermeneutics: a very short introduction 6 'Hart' | |
| A reaction: Presumably the ancestor of this view is the social contract of Hobbes and Locke. |
| 7592 | For positivists law is a matter of form, for naturalists it is a matter of content [Scruton] |
| Full Idea: For the positivist, law is law by virtue of its form; for the naturalist, by virtue of its content. | |
| From: Roger Scruton (A Dictionary of Political Thought [1982], 'law') | |
| A reaction: Clearly a perverse and 'unnatural' social rule (backed by government and implied force) is a 'law' in some sense of the word. It is hard to see how you could gain social consensus for a law if it didn't appear in some way to be 'natural justice'. |
| 20492 | Following some laws is not a moral matter; trivial traffic rules, for example [Wolff,J] |
| Full Idea: Some laws have little grounding in morality. You may believe you have a moral obligation to stop at a red light at a deserted crossroads, but only because that is what the law tells you to do. | |
| From: Jonathan Wolff (An Introduction to Political Philosophy (Rev) [2006], 2 'Goal') | |
| A reaction: I would have thought such a law was wholly grounded in the morality of teamwork. It is the problem of rule utilitarianism, and also a problem about virtuous character. The puzzle is not the law, but the strict obedience to it. |