Three times between 1640 and 1651, once at considerable length, Hobbes used and accepted, and then mocked, repudiated and discarded, the ancient/medieval term recta ratio/right reason. These repeated fluctuations in his thinking and rhetorical strategy occurred during the writing of his three major treatises on moral and political theory, one additional note on the term in De Cive, and an unpublished commentary on Thomas White's De Mundo. They are made obvious by his substitution of recta ratio for reason or natural (...) reason when recycling passages from Elements of the Law for use in De Cive, and by his subsequent reversal of that substitution when revising other passages in De Cive for use in Leviathan. Despite incorporating recta ratio as a structural element in De Cive, he finally reverted in Leviathan to regarding the term as a deceptive verbal construct, non-existent in rerum natura, and ridiculing its users and proponents. Right reason carried connotations linked to it in antiquity and in the Middle Ages, and Hobbes's reversals in his view and use of it, and his final dismissal of it, provide further evidence and justification for the now familiar modern claim that he was a herald of modernity. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Instinct of Nature: Natural Law, Synderesis, and the Moral SenseRobert A. Greene“Instinct is a great matter.”—Sir John FalstaffThis essay traces the evolution of the meaning of the expression instinctus naturae in the discussion of the natural law from Justinian’s Digest through its association with synderesis to Francis Hutcheson’s theory of the moral sense. The introduction of instinctus naturae into Ulpian’s definition of the natural law by Isidore of Seville (...) in the seventh century posed a problem of definition for medieval commentators. Some said that it meant a universal and providential natura naturans; some defined it as the urge to self and species preservation in animals, degenerating in man into sensual and shameful impulses; some advanced the humanistic and paradoxical notion that it referred to a unique exercise of human reason in coming to know the natural law. The contemporaneous revival in the twelfth century of St. Jerome’s puzzling new term “synderesis,” and its gradual definition as the immediate apprehension of the first practical moral principles of the natural law, brought the two terms into proximity and loose association.A half-century later St. Bonaventure made explicit what had remained latent in the thinking of Thomas Aquinas by relocating synderesis in the affective rather than the intellectual part of man’s nature. Accordingly the moral discoveries of synderesis came to be spoken of as not only non-discursive but instinctive in nature—apprehensions for which no reason could be given, apprehensions somehow rooted in affective human experience. During the bilingual early modern period an increasingly secularized, internalized, and reified instinctus [End Page 173] naturae, together with its abbreviated vernacular cognate, “instinct,” came to serve as a substitute and synonym for the obsolescent synderesis. Edward Herbert’s attention to instinctus naturae in his De Veritate (1624), Sir Matthew Hale’s speculations about the place of rational instinct in the natural law, and Francis Hutcheson’s theory of a moral sense all exemplify this semantic legacy.The first entry in Justinian’s Digest has had a disproportionate influence on later speculation about the natural law. It begins a chapter that gives pride of place to general definitions of justice, law, jus naturale and jus gentium, and it is drawn from the writings of the Roman jurisconsult Domitius Ulpianus (d. 223), whose work constitutes forty percent of the Digest. Ulpian defines the natural law, with insistent repetition, as that which nature has taught to, or is common to, all animals:Jus naturale is that which nature has taught to all animals; for it is not a law specific to mankind but is common to all animals—land animals, sea animals, and the birds as well. Out of this comes the union of man and woman [male and female] which we call marriage, and the procreation of children, and their rearing. So we can see that the other animals, wild beasts included, are rightly understood to be acquainted with this law. Jus gentium, the law of the nations, is that which all human peoples observe. That it is not coextensive with natural law can be grasped easily, since this latter is common to all animals whereas jus gentium is common only to human beings among themselves. 1Justinian’s compilers gave Ulpian’s definition striking prominence at the beginning of the Digest and then in the same short chapter quoted the incompatible and more traditional definitions of his contemporaries Gaius and Paulus. They confined the operation of the natural law to mankind and spoke of reason as its source. 2 The compilers had been charged to eliminate just such conflicts; yet here at the very outset they set a conundrum that perplexed commentators [End Page 174] and invited explanation from Isidore of Seville to Hugo Grotius. Their selection of quotations suggests that as lawyers they regarded such general definitions as “for legal purposes no more than ornament to discussion.” 3 For those of a more speculative bent, however, the dilemmas could not have been more fundamental. How was the natural law to be defined in relation to those appetitive and self-preservative urges that man seemed to share with animals? Or did the term law apply only... (shrink)

ABSTRACTThe predication of the eternal law served as premise and and foundation for the existence of the law of nature in the classical/medieval intellectual inheritance of Thomas Hobbes and his contemporaries. Unlike them, he makes no mention of the eternal law in his early writings, The Elements of Law Natural and Politic, and On the Citizen. His triple use of the expression eternal law of God in Leviathan is ambiguous and misleading. Instead, he is one of the first writers in (...) English to assert the eternity of the law of nature. He does that by invoking a biblical-based expression, verbum aeternum. In On the Citizen, and its exegetical, theological identification with Christ, to establish that claim. In Leviathan he repeats his declaration that the law of nature is eternal nine times, spread across more than five Chapters and twelve hundred pages. Four of them are equivalently excised from the Latin Leviathan and the others remain brief assertions, unanalyzed and undefended, rendering their effect incidental and perfunctory. He also abandons the expression verbum aeternum. (shrink)

This essay identifies the source, and traces both the subsequent use and the changing definition, of the expression instinctu naturae in the early history of natural law discourse. It also examines the later assimilation and endurance of the expression in English, as well as the efforts of Hobbes to proscribe the use, and Locke to limit the meaning, of the term instinct. Initially serving simply to predicate a divine stimulus as the source of human knowledge of the natural law-natura, id (...) est Deus-instinctu naturae was later understood to refer to an instinct of human nature, that is, an instinct of the reason that defined human nature, an intuitive instinct that recognized immediately, in a pre-deliberative, non-discursive way, the self-evident practical principles of the moral order, once their terms were understood. ☆ This essay complements and extends the scope of an earlier article on the same topic in the Journal of the History of Ideas, 58 (1997) 173–98: “Instinct of Nature: Natural Law, Synderesis and the Moral Sense”. (shrink)