Modes et modalités dans le système de droit naturel de Samuel Pufendorf (1632-1694)

In Julien Dutant, Davide Fassio & Anne Meylan (eds.), Liber Amicorum Pascal Engel. Genève: Université de Genève. pp. 878-891 (2014)

Authors
Daniel Schulthess
Université de Neuchâtel
Abstract
The article deals with the question of the relationship between physical modes and moral modes in Samuel Pufendorf’s theory of natural law. By distinguishing these two kinds of modes (which are both modes of natural substances) Pufendorf anticipates the “law of Hume”, according to which the is and the ought are incommensurable. According to Pufendorf, Grotius and Hobbes’ conception of the state of nature is at fault because these authors make natural law a fact that would not be accompanied by imposition and from which deontological notions would thus flow in a natural way. According to Pufendorf, on the contrary, deontological modes go hand in hand with the moral modes which are attached to certain natural substances only because of a divine imposition which wanted to make man a naturally sociable being.
Keywords Samuel Pufendorf  Physical and Moral Modes  Deontological Modes  Is/Ought-Distinction  State of Nature  Nature of Man
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