A Revisionist Account of Natural Law and Natural Right

Discussions of natural law and natural right inevitably include accounts of their historical genesis, and where they do not, then often a fictive genesis is assumed, in such a way as vitiates the substantive claims for either law or right that are being made. This is most evidently the case for modern natural right, since this manifestly has an origin—it has been asserted always in particular circumstances and within a particular conceptuality that help to determine the sense of the notion. But it is also the case for natural law, because any attempt to ignore its origins in the Classical and Medieval past, and especially its links to theology and metaphysics, inevitably denature it and produce a novel, modern doctrine that is often much more reducible to a modern natural rights doctrine than its proponents imagine.[1] Therefore I will attempt, in this essay, to sketch in short compass an account of the historical development of natural right in relation to the older notion of natural law. My contention will be that the latter notion has, … Continue reading A Revisionist Account of Natural Law and Natural Right