The Minos is one of thirty-five dialogues that ancient editors and commentators regarded as one of the authentic works of Plato. Although it is now regarded as spurious, in both the classical and modern eras, the Minos was treated as a suitable problematic introduction to Plato's Laws. The co-authors (Houlgate and Hathaway) believe that it is still an excellent introduction to the Laws. It has philosophical significance whether or not it is authentic. It is the philosophical significance that (...) is discussed in this article. (shrink)

A lively dialogue between a foreign philosopher and a powerful statesman, Plato's Laws reflects the essence of the philosopher's reasoning on political theory and practice. It also embodies his mature and more practical ideas about a utopian republic. Plato's discourse ranges from everyday issues of criminal and matrimonial law to wider considerations involving the existence of the gods, the nature of the soul, and the problem of evil. Translated by the distinguished scholar Benjamin Jowett, this edition is an authoritative choice (...) for students of philosophy, political science, and literature. (shrink)

Gentzen writes in the published version of his doctoral thesis Untersuchungen über das logische Schliessen that he was able to prove the normalization theorem only for intuitionistic natural deduction, but not for classical. To cover the latter, he developed classical sequent calculus and proved a corresponding theorem, the famous cut elimination result. Its proof was organized so that a cut elimination result for an intuitionistic sequent calculus came out as a special case, namely the one in which the sequents (...) have at most one formula in the right, succedent part. Thus, there was no need for a direct proof of normalization for intuitionistic natural deduction. The only traces of such a proof in the published thesis are some convertibilities, such as when an implication introduction is followed by an implication elimination [1934–35, II.5.13]. It remained to Dag Prawitz in 1965 to work out a proof of normalization. Another, less known proof was given also in 1965 by Andres Raggio.We found in February 2005 an early handwritten version of Gentzen's thesis, with exactly the above title, but with rather different contents: Most remarkably, it contains a detailed proof of normalization for what became the standard system of natural deduction. The manuscript is located in the Paul Bernays collection at the ETH-Zurichwith the signum Hs. 974: 271. Bernays must have gotten it well before the time of his being expelled from Göttingen on the basis of the racial laws in April 1933. (shrink)

A new translation of Plato's Laws into accessible English, with essential introductory and other explanatory material.

Gentzen writes in the published version of his doctoral thesis Untersuchungen über das logische Schliessen that he was able to prove the normalization theorem only for intuitionistic natural deduction, but not for classical. To cover the latter, he developed classical sequent calculus and proved a corresponding theorem, the famous cut elimination result. Its proof was organized so that a cut elimination result for an intuitionistic sequent calculus came out as a special case, namely the one in which the sequents (...) have at most one formula in the right, succedent part. Thus, there was no need for a direct proof of normalization for intuitionistic natural deduction. The only traces of such a proof in the published thesis are some convertibilities, such as when an implication introduction is followed by an implication elimination [1934–35, II.5.13]. It remained to Dag Prawitz in 1965 to work out a proof of normalization. Another, less known proof was given also in 1965 by Andres Raggio.We found in February 2005 an early handwritten version of Gentzen's thesis, with exactly the above title, but with rather different contents: Most remarkably, it contains a detailed proof of normalization for what became the standard system of natural deduction. The manuscript is located in the Paul Bernays collection at the ETH-Zurichwith the signum Hs. 974: 271. Bernays must have gotten it well before the time of his being expelled from Göttingen on the basis of the racial laws in April 1933. (shrink)

Gentzen writes in the published version of his doctoral thesis Untersuchungen über das logische Schliessen that he was able to prove the normalization theorem only for intuitionistic natural deduction, but not for classical. To cover the latter, he developed classical sequent calculus and proved a corresponding theorem, the famous cut elimination result. Its proof was organized so that a cut elimination result for an intuitionistic sequent calculus came out as a special case, namely the one in which the sequents (...) have at most one formula in the right, succedent part. Thus, there was no need for a direct proof of normalization for intuitionistic natural deduction. The only traces of such a proof in the published thesis are some convertibilities, such as when an implication introduction is followed by an implication elimination [1934–35, II.5.13]. It remained to Dag Prawitz in 1965 to work out a proof of normalization. Another, less known proof was given also in 1965 by Andres Raggio.We found in February 2005 an early handwritten version of Gentzen's thesis, with exactly the above title, but with rather different contents: Most remarkably, it contains a detailed proof of normalization for what became the standard system of natural deduction. The manuscript is located in the Paul Bernays collection at the ETH-Zurichwith the signum Hs. 974: 271. Bernays must have gotten it well before the time of his being expelled from Göttingen on the basis of the racial laws in April 1933. (shrink)

Opening an entirely new dimension of Platonic studies, this volume addresses major themes: the nature of law, property, and acquisitiveness; Socrates' famous "demonic voice"; the poetic claim to inspiration; and the psychology of the...

Plato, the great philosopher of Athens, was born in 427 BCE. In early manhood an admirer of Socrates, he later founded the famous school of philosophy in the grove Academus. Much else recorded of his life is uncertain; that he left Athens for a time after Socrates' execution is probable; that later he went to Cyrene, Egypt, and Sicily is possible; that he was wealthy is likely; that he was critical of 'advanced' democracy is obvious. He lived to be 80 (...) years old. Linguistic tests including those of computer science still try to establish the order of his extant philosophical dialogues, written in splendid prose and revealing Socrates' mind fused with Plato's thought. In Laches, Charmides, and Lysis, Socrates and others discuss separate ethical conceptions. Protagoras, Ion, and Meno discuss whether righteousness can be taught. In Gorgias, Socrates is estranged from his city's thought, and his fate is impending. The Apology, Crito, Euthyphro, and the unforgettable Phaedo relate the trial and death of Socrates and propound the immortality of the soul. In the famous Symposium and Phaedrus, written when Socrates was still alive, we find the origin and meaning of love. Cratylus discusses the nature of language. The great masterpiece in ten books, the Republic, concerns righteousness. Of the six so-called dialectical dialogues Euthydemus deals with philosophy; metaphysical Parmenides is about general concepts and absolute being; Theaetetus reasons about the theory of knowledge. Of its sequels, Sophist deals with not-being; Politicus with good and bad statesmanship and governments; Philebus with what is good. The Timaeus seeks the origin of the visible universe out of abstract geometrical elements. The unfinished Critias treats of lost Atlantis. Unfinished also is Plato's last work of the twelve books of Laws, a critical discussion of principles of law which Plato thought the Greeks might accept. The Loeb Classical Library edition of Plato is in twelve volumes. (shrink)

Language & Logic -- Glossary -- Aristotle's syllogisms -- Russell's paradox & Frege's logicism -- profile: Aristotle -- Russell's theory of description -- Frege's puzzle -- Gödel's theorem -- Epimenides' liar paradox -- Eubulides' heap -- Science & Epistemology -- Glossary -- I think therefore I am -- Gettier's counter example -- profile: Karl Popper -- The brain in a vat -- Hume's problem of induction -- Goodman's gruesome riddle -- Popper's conjectures & refutations -- Kuhn's scientific revolutions -- Mind (...) & Metaphysics -- Glossary -- Descartes mind-body problem -- Brentano's intentionality -- Fodor's language of thought -- Parfit's persons -- profile: René Descartes -- Chalmer's zombies -- Zeno's paradoxes -- Kant's left hand -- Theseus' ship -- Laplace's demon, determinism, & free will -- Ryle's ghost in the machine -- Ethics & Political Philosophy -- Glossary -- Aristotle's ethics -- States of nature and the social contract -- Kant's categorical imperative -- profile: Immanuel Kant -- Mill's utilitarianism -- Marx's historical materialism -- The trolley problem -- Religion -- Glossary -- Aquinas' five ways -- Anselm's ontological argument -- profile: Thomas Aquinas -- Epicurus' riddle -- Paley's watchmaker -- Pascal's wager -- Hume against miracles -- Grand Moments -- Glossary -- Socrates' method -- Plato's cave -- Aristotle's four causes -- Lucretius' atomism -- profile: Ludwig Wittgenstein -- Berkeley's idealism -- Kant's synthetic a priori -- Hegel's dialectic -- James' pragmatism -- Moore's common sense -- Wittgenstein's picture theory of language -- Continental Philosophy -- Glossary -- Nietzsche's Superman -- profile: Friedrich Nietzsche -- Derrida's deconstruction -- Heidegger's nothing -- Sartre's bad faith. (shrink)

This paper attempts to determine what laws’ most fundamental normative property is for Plato. After examining the Hippias Major and the pseudo-Platonic Minos, I argue that in the Laws this property is correctness (orthotês) which is understood as maximizing the citizens’ happiness. I argue that laws failing to do so are defective as laws because they’re not partially grounded in the relevant ethical facts and that Plato is thus a natural law theorist. The last section provides further justification (...) for the claim that laws failing the correctness criterion are defective as laws by appealing to Plato’s understanding of practical rationality. (shrink)

This edited volume examines the realizations between theological considerations and natural law theorizing, from Plato to Spinoza.Theological considerations have long had a pronounced role in Catholic natural law theories, but have not been as thoroughly examined from a wider perspective. The contributors to this volume take a more inclusive view of the relation between conceptions of natural law and theistic claims and principles. They do not jointly defend one particular thematic claim, but articulate diverse ways in which (...) natural law has both been understood and related to theistic claims.In addition to exploring Plato and the Stoics, the volume also looks at medieval Jewish thought, the thought of Aquinas, Scotus, and Ockham, and the ways in which Spinoza's thought includes resonances of earlier views and intimations of later developments. Taken as a whole, these essays enlarge the scope of the discussion of natural law through study of how the naturalness of natural law has often been related to theses about the divine. The latter are often crucial elements of natural law theorizing, having an integral role in accounting for the metaethical status and ethical bindingness of natural law. At the same time, the question of the relation between natural law and God-and the relation between natural law and divine command-has been addressed in a multiplicity of ways by key figures throughout the history of natural law theorizing, and these essays accord them the explanatory significance they deserve. (shrink)

The Laws is the most political of the Platonic dialogues. It also contains the most detailed discussion of theology in the Platonic corpus, indeed, one of the most extensive accounts of this subject in all of classical literature. This dissertation addresses the question of why a philosopher concerned with politics should need to undertake such a sustained discussion of the gods. Most scholars have seen the theology of the Laws either as instrumental to the dialogue's political program or as the (...) premise from which that program is deduced. This dissertation opposes both of these reductionist accounts. When one reads the Laws as a whole and on its own terms, the theology emerges naturally from the inquiry into political regimes. ;In order to show this, I undertake an investigation of the nature of law and lawgiving through an examination of Plato's Minos. Next I examine Plato's critical political science through a discussion of the key concepts of that science as employed in the Laws. I then look at the psychology which undergirds that political science. This leads into a direct examination of the theology of the tenth book of the dialogue. This examination shows that the theology is the natural outgrowth of the Laws advocacy of a regime dedicated to human excellence, but also that the theology points beyond the city, transcending it in such a way as to open it to continues improvement and to goods which are higher than politics. (shrink)

A collection of new papers by ten philosophers exploring relations between conceptions of natural law and theism, ranging from Plato to the early modern period. Rather than defending a a specific view of natural law, the papers explicate the complex texture of the relations between the diverse conceptions of natural law and diverse conceptions of theism and its significance for moral and political thought.

This book is the first extended attempt to explain Plato's ethics of natural law, to place it accurately in the history of moral theory, and to defend it against the objections that it is totalitarian. Wild provides a clarification of Plato's ethical doctrine and a defense of that doctrine based not only of his analysis of the dialogues but on the belief that Plato must acknowledged as the founder of the Western tradition of the philosophy of natural law. (...) The book begins with a presentation of the major objections raised against Plato by modern authors, Toynbee, Karl Popper and others, who have condemned the so called totalitarianism of Plato's thought. Wild answers these objections point by point and with a wealth of evidence taken from Plato's own arguments. He then presents a historical study of the ethics of natural law, defining the theory and showing through an examination of relevant dialogues that Plato held such a theory. The work concludes with a systematic study of his realistic ethics and its bearing on contemporary problems. This is a reprint of the 1953 Chicago edition. (shrink)

In Section 1, I outline the history of natural law theory, covering Plato, Aristotle, the Stoics and Aquinas. In Section 2, I explore two alternative traditions of natural law, and explain why these constitute rivals to the Aristotelian tradition. In Section 3, I go on to elaborate a via negativa along which natural law norms can be discovered. On this basis, I unpack what I call three 'experiments in being', each of which illustrates the cogency of this (...) method. In Section 4, I investigate and rebut two seminal challenges to natural law methodology, namely, the fact/value distinction in metaethics and Darwinian evolutionary biology. In Section 5, I then outline and criticise the 'new' natural law theory, which is an attempt to revise natural law thought in light of the two challenges above. I conclude, in Section 6, with a summary and some reflections on the prospects for natural law theory. (shrink)

The Natural Law Reader features a selection of readings in metaphysics, jurisprudence, politics, and ethics that are all related to the classical Natural Law tradition in the modern world. Features a concise presentation of the natural law position that offers the reader a focal point for discussion of ancient and contemporary ideas in the natural law tradition Draws upon the metaphysical and ethical categories put forth and developed by Aristotle and Aquinas Points to the historical significance (...) and contemporary relevance of the Natural Law tradition Reflects on a revival of interest in the tradition of virtue ethics and human rights. (shrink)

Classical natural law theory derives moral conclusions from the essentialist and teleological understanding of nature enshrined in classical metaphysics. The paper argues that this understanding of nature is as defensible today as it was in the days of Plato, Aristotle, Augustine, and Aquinas. It then shows how a natural law theory of the grounds and content of our moral obligations follows from this understanding of nature, and how a doctrine of natural rights follows in turn from the (...) theory of natural law. With this background in place, the implications of the theory for questions about property rights and taxation are explored. It is argued that classical natural law theory entails the existence of a natural right of private property, and that this right is neither so strong as to support laissez faire libertarianism, nor so weak as to allow for socialism. Though the theory leaves much of the middle ground between these extremes open to empirical rather than moral evaluation, it is argued that there is a strong natural law presumption against social democratic policies and in favor of free enterprise. (shrink)

That laws of nature play a vital role in explanation, prediction, and inductive inference is far clearer than the nature of the laws themselves. My hope here is to shed some light on the nature of natural laws by developing and defending the view that they involve genuine relations between properties. Such a position is suggested by Plato, and more recent versions have been sketched by several writers.~ But I am not happy with any of these accounts, not so (...) much because they lack detail or engender minor difficulties, though they do, but because they share a quite fundamental defect. My goal here is to make this defect clear and, more importantly, to present a rather different version of this general conception of laws that avoids it. I begin by considering several features of natural laws and argue that these are best explained by the view that laws involve properties, that this involvement takes the form of a genuine relation between properties, and, finally, that the relation is a metaphysically necessary one. In the second section I start at the other end, and by reflecting on the nature of properties arrive at a similar account of natural laws. In the final section I develop this account in more detail, with emphasis on the nature of the relation between properties it invokes. Along the way several natural objections to the account are answered. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:102 HISTORY OF PHILOSOPHY and removal of the social self, through the devaluation of values and de-culturation, to the objectivizatlonof the ego, the state of oneness and unity with all. The remaining sections of the book give an analysis of Rumi, the universal man of the Eas~, and an analysis of Goethe, the universal man of the West. The Rumi chapter contains impressive translations of RumPs poems and the (...) Goethe study offers a very pertinent critique of K. R. Eissler's psychoanalytic interpretation of the great man. Added is a case history of a young man who lived in two cultures, and after many errors and meanderings obtained full integration. The final section offers an application of the transcultural state to health, social change and leadership. A most rewarding and challenging work, marred only by an incredible number of typographical errors and a sometimes uneven English due to misunderstandings of the Dutch printers. Hg~RY WALTESBRANN Washington, D. C. Natural Law and Modern Society. Essays by John Cogley, Robert M. Hutchins, John Courtney Murray, SJ., Scott Buchanan, Philip Selznick, Harvey Wheeler, and Robert Gordis. (Cleveland and New York: The World Publishing Company, 1966. Pp. 285. Meridian Books. $1.75.) This group of essays has been discussed from time to time at the Center for the Study of Democratic Institutions in Santa Barbara, California. The essays provide an excellent survey of the various contexts in which the idea of natural law is functioning today: in jurisprudence, political theory, sciences, religions, and philosophies of culture. Though the emphasis is on "modem society," there is a large amount of history in this collection, going back to the ancients, and one of the most valuable features of the analysis is the evidence here offered that "natural law" has meant and still means many different things, and that this flexibility of meaning gives the idea an enduring vitality and relevance. This is the particular theme of Scott Buchanan's "Natural Law and Teleology", which chapter reviews almost the whole history of philosophy to show how the content of natural law has varied for teleological reasons. Since it is impossible to review this whole story, it seems simplest and least distorting to quote a series of passages from the essays so that the reader can estimate the range of subject-matter and the kind of observations in the volume : The natural lawyer who lacks a sense of history, a factual sense, is as seriously deficient as the one who has been victimmed by the historical setting of his own time. Social scientists are concerned with digging up and evaluating exactly the kind of factual material the conscientious natural lawyer needs (Cogley, pp. 24, 26). We are free, with the deference that is due previous laborers in the vineyard, to work out the ~pplication of the principles of natural law to the conditions of our own time. The ends of uman life are heldto be unchanging; the search for the best way of achieving them is continuous and adapted to changing conditions and new knowledge. The search for a revival of natural law--not necessarily, or even principally pitched in Thomistic terms but projected more generally on a ~us gent~um, pluralistic basis--may well be the dominant theme of American legal philosophy over the second half of the century (Hutchins, pp. 34, 37, 46). Plato saw an epitome of the legal and political crisis of the city-state in the trial and death of Socrates.... The sophists are operators in opinion and power.... Plato sets out to find the truth in science and the good of the state.... There is no doctrinal answer to the quest.... The Dialogues practice what they preach, a relentless dialectical exposure of ideas masquerading in dogmas and opinions.... The endless mutual persuasions in any community could result in good laws if the formal processes of government provided insights for the citizens and magistrates alike.... Neither Plato nor Aristotle commonly uses the phrase 'natural law'.... For the Stoics what Plato had described as the "community of ideas," which was only the notion of the interpenetration of BOOK REVIEWS 103 mutual implication of ideas, became the Logos, the perhaps infinite total of... (shrink)

Ernst Bloch, one of the most original and influential of contemporary European thinkers and a founder of the Frankfurt School, has left his mark on a range of fields from philosophy and social theory to aesthetics and theology. Natural Law and Human Dignity, the first of his major works to appear in English is unique in its attempt to get beyond the usual oppositions between the natural law and social utopian traditions, providing basic insights on the question of (...) human rights in a socialist society. Natural Law and Human Dignity is a sweeping yet synthetic work that critically reviews the great legal philosophies, from Plato to the present, in order to uncover and clarify the normative features of true socialism. Along the way it offers thoughtful reflections on topics as diverse as the abolition of poverty and degradation, the nature of the state, and the installation of freedom and dignity.Taking the idea of natural law as his guiding thread, Bloch argues that revolution and right, rather than being antagonistic, are fundamentally interconnected. With their emphasis on human dignity, the traditions of natural law have an irreplaceable contribution to make to the socialist vision of a more humane society. In his effort to wed the demands of law and right to the agenda of social revolution, Bloch offers a radical restructuring of our understanding of the social world. This rethinking of the fundamental principles of political philosophy is the product of a long personal and philosophical odyssey. Bloch lived as a writer in Munich, Bern, and Berlin until he was forced to emigrate to Czechoslovakia and then to the United States during World War 11. After the war he returned to East Germany, where he held a chair in philosophy at the University of Leipzig. He emigrated to the west as the Berlin Wall was being built, and he taught at the University of Tübingen until his death. Natural Law and Human Dignity is included in the series Studies in Contemporary German Social Thought, edited by Thomas McCarthy. (shrink)

The Nuremberg Trials of leading National Socialists established the principle that individuals may be legally punished, even by death, for obeying the laws of their country. Is there then a higher law by which enacted valid positive laws may be judged, so that persons subject to such laws would be duty-bound to defy them? In recent years the theory of natural law has been revived by a number of philosophers and jurists, who however often disagree sharply among themselves about (...) the proper methods for defining and deriving natural law. Howard Kainz surveys the history of natural law from its foreshadowing in ancient Greece down to the most recent controversies. Natural Law both introduces the subject to newcomers and sheds fresh light on such figures as Plato, Aristotle, Hume, Kant, Veatch, McInerny, Grisez, and Finnis. (shrink)

This collection of essays, presented in honor of Ronna Burger, addresses questions and themes that have animated her thinking, teaching, and writing over the years. With a view to the scope of her writings, these essays range broadly: from the Bible and Ancient Greek authors--including not only Plato and Aristotle, but also Sophocles, Euripides, Aristophanes, and Xenophon--to medieval thinkers, Maimonides, Dante, and Boccaccio, as well as modern philosophers, from Descartes and Montesquieu to Kant, Lessing, Hegel, and Kierkegaard. Moving in order (...) from antiquity to modernity, the essays highlight certain recurring philosophical issues, including the relations between nature and convention, law and justice, human and divine, in light of the indispensable need for questioning and self-knowledge. Taken collectively, the essays disclose intriguing connections among the various authors and texts and display how the themes of nature, law, and the sacred continue to resonate across time. (shrink)

In his later depiction of an ideal city, the Laws, Plato does not move from rule by experts to the rule of law, as often claimed, since law is also basic to the Republic. Rather, he now sees educated law-abidance as part of civic virtue: the laws are to be obeyed strictly, but also to be understood so that they are obeyed in the right spirit. Plato introduces original means to encourage this, and is led to make some moves in (...) the direction of what will later be developed by the Stoics as natural law. (shrink)

Recent scholarship on Stoic political thought has sought to explain the relationship between Zeno’s Republic and the concept of a natural law regulating a cosmic city of gods and human beings that is attributed to later Stoics. This paper provides a reassessment of this relationship by exploring the underappreciated influence of Plato’s Laws on Zeno’s Republic and, through Zeno, on the subsequent Stoic tradition. Zeno’s attempt to remove perceived inconsistencies in Plato’s treatment of ‘law’ and ‘nature’ established a philosophical (...) framework that overturned the republicanism of Plato and Aristotle; this same framework established the preconditions for the cosmic city of gods and human beings regulated by natural law. Thus, the early Stoic tradition on the topic of natural law is characterized by continuity rather than by discontinuity. (shrink)

Plato argued that knowledge of human nature can be reached through dialogue and dialectical method in accordance with the Socratic heritage. In his philosophy, man can be defined as being capable of rationally answering a rational question. By giving rational answers to himself and others, human also becomes a moral subject. In Plato's philosophy, we see a clear program based on human nature. Issues related to human nature are discussed in the process of applying Plato's theory of ideas to the (...) field of morality, art, politics and education. What emerges in practice, for example, right and fair behavior is a manifestation of the principle of truth and justice. According to Plato, man reflects the character of the state he lives in. To understand a person, it is necessary to consider the society in which he lives. The state is not an institution that people come together and establish with their own will, but an organism, a whole. According to Plato, in order to grasp the true meaning of human society and to arrange it properly, one must first comprehend the astronomical cosmos. Because, knowing the meaning of the concepts of harmony and order is possible only by understanding the astronomical cosmos, which is the expression of an eternal order. While studying the astronomical cosmos, a man comes to the idea of harmony and order itself. Indeed, the infinite canonical and harmonious movements of the stars in this pre-eternal order on their perennials lead to the concept of law itself. People who admire this harmony and order in the sky want to realize a model of it on earth. He concludes that the laws that will rule over the human world must be continuous and compatible, just like the laws in the world of stars. Thus, the state must be an earthly model of the astronomical cosmos. If a person lives in the state, he should realize this harmony and order in the state in his own spirit. (shrink)

The "natural law" worldview developed over the course of almost two thousand years beginning with Plato and Aristotle and culminating with St. Thomas Aquinas in the thirteenth century. This tradition holds that the world is ordered, intelligible and good, that there are objective moral truths which we can know and that human beings can achieve true happiness only by following our inborn nature, which draws us toward our own perfection. Most accounts of the natural law are based on (...) a God-centered understanding of the world. After the Natural Law traces this tradition from Plato and Aristotle to Thomas Aquinas and then describes how and why modern philosophers such as Descartes, Locke and Hobbes began to chip away at this foundation. The book argues that natural law is a necessary foundation for our most important moral and political values – freedom, human rights, equality, responsibility and human dignity, among others. Without a theory of natural law, these values lose their coherence: we literally cannot make sense of them given the assumptions of modern philosophy. Part I of the book traces the development of natural law theory from Plato and Aristotle through the crowning achievement of Thomas Aquinas. Part II explores how modern philosophers have systematically chipped away at the only coherent foundation for these values. As a result, our most important moral and political ideals today are incoherent. Modern political and moral thinkers have been led either to dilute the meaning of such terms as freedom or the moral good – or abandon these ideas altogether. Thus, modern philosophy and political thought are leading us either toward anarchy or totalitarianism. The conclusion, entitled "Why God Matters", shows how even the philosophical assumptions of the natural law depend on a personal God. (shrink)

In Plato's Laws, the Athenian Stranger claims that the gods will smile only on a city where the law This passage is the origin of the slogan an abbreviation of which forms our phrase From Plato and Aristotle, through John Adams and John Marshall, down to us, no idea has proven more central to Western political and legal culture. Yet the slogan turns on a very dubious metaphor. Laws do not rule, and the is actually a specific form of rule (...) by men (including, nowadays, a few women). These rulers are not slaves to anything. Furthermore, the construction of the sloganhas unfortunate connotations. It suggests that the personal qualities of the human rulers required to secure the rule of law are nothing more than forbearance and disinterestedness—a resolution to stay out of law's way.Footnotes* I have received helpful comments and criticisms from a number of readers, including the other contributors to this volume and participants in the Georgetown University Law Center faculty workshop. In addition, I should like to thank Brian Bix, Ellen Frankel Paul, Fred Schauer, and Wibren van der Burg for extensive written comments on an earlier draft of this essay. (shrink)

Kainz’s handling of natural law thinking in ancient Greece and Rome is precise, for although he uses as his chapter heading “Concepts of Natural Law in Ancient Greece and Rome,” he is careful not to ascribe explicit natural law thinking to the Presocratics, Plato, or Aristotle, though in the case of the latter two thinkers, especially Aristotle, they were arguing for what is the essence of natural law thinking: an eternal, unchanging, absolute standard for human conduct. (...) Kainz does use the caption, “Natural Law and Natural Justice in Aristotle”, but he qualifies it: “it is conceivable that natural human sociability itself constitutes a significant element of a latent natural law theory in Aristotle [but]... explicitly Aristotle neither enunciates nor expands on any natural law theory in the traditional sense”. This parsing is prudential since, if a thinker does not explicitly refer to a theory or position, it is not correct to say that he holds it. But when it comes to the Stoics, there is no need to temporize, as they were explicit, full-fledged natural law theorists. Kainz appropriately accords them the attention they deserve. It is remarkable to find overviews of natural law that omit the Stoics entirely. Chapters 2 and 3 reveal the bridge from natural law, as treated by Aquinas and Suarez, seen as part of divine law, to the secularization of natural law theory at the hands of Grotius and Hobbes. Although acknowledging that earlier thinkers like Robert Bellarmine and other scholastics had adverted to the possible validity of natural law without God, Kainz limns Grotius’s bold assertion of the independence of the natural law theory from any grounding in theological or religious premises as the decisive proclamation of the secularization of the natural law theory. Kainz’s discussion of Aquinas includes the very important question of whether Aquinas is “actually ‘deriving’ moral laws from natural inclinations—thus falling into the ‘naturalistic’ fallacy”? He puts that question to rest with the observation that Aquinas does not suppose that any deductions from natural law principles rely on the necessity used in theoretical reasoning but rather apply “for the most part” and thus have exceptions. Chapter 4 provides a glossary of frequently misunderstood concepts that are basic in natural law discussions, such as “nature,” “natural,” and “perversion.”. (shrink)

This essay argues that Plato's critical analysis of the ethics of discourse is superior to Habermas', and more generally that Habermas has no sufficient reason to propose or suppose the philosophical superiority of “modernity.” The failure of Hume and Kant and much modern philosophy to understand the concept and content of reasons for action underlies Habermas' attempted distinction between ethics and morality, and Rawls' concept of public reason. A proper study of discourse also yields a metaphysics of the person, and (...) thus reinforces the ethics. (shrink)

At the start of Plato’s Minos an anonymous comrade argues that the variability of law according to time and place undermines the claim that it conveys moral truth. But by the end he has accepted Minos as the greatest of lawgivers because of his education by Zeus. How does he manage to slide so quickly from the moral laxity of conventionalism to the moral absolutism of divine revelation? Guided by this question, the author considers how the two divergent (...) parts of the Minos form one whole, and so what Plato suggests is the common basis to conventionalism and piety. Plato’s Minos thus ends up having an unexpectedly close relationship to his Euthyphro. (shrink)

The life history of certain philosophical and theological terms and concepts constitutes in itself an interesting matter for consideration and reflection. None is more interesting than that of natural law. Many studies have traced the development of natural law philosophy from its early precursors among the Pre-Socratics through Plato and Aristotle, the Stoics, St Thomas, and the early British empiricists; have noted its demise in the nineteenth century, largely as a result of the criticism of Hume; and have (...) observed its renaissance in the twentieth century. Despite this undeniable revival of interest in the theory in the present century, a moral philosopher uses the term only at great risk, for no philosophical theory has been so vigorously attacked and so thoroughly ‘refuted’ as natural law. (shrink)