All posts tagged: Natural Right

The History of Natural Right

Given this revisionary account of the development of natural law (click for previous instalment in this series) in western intellectual history, how does it relate to the story of natural rights? In the case of Aquinas, as with many other medieval theologians, and the canon law itself, the Christian exaltation of individual uniqueness and liberty led to a greater recognition of subjective rights in the sense of both claim and exercise rights than had previously been the case. However, the claims generally remained claims upon others to exercise their more primary duties, while exercise rights were attached to social roles whose duties were derived from justice as distribution.[1] Later, in the 16th century, in the case of both Catholic and Calvinist thought, there was a greater development of the idea of “rights” as attaching to human beings as such, especially with respect to life, freedom and ownership. Thus for example, Suarez no longer, like Aquinas, defined ius as id quod iustum est, or as the equitable, but as “a kind of facultas which every man …

The History of Natural Law

Ultimately, one can only attain to such a perspective (see: the series introduction for context) by invoking both the contrast and the continuity of natural right with natural law. The latter notion is generally misunderstood. It has a double historical origin. First, it can be mainly located in the works of Philo Judaeus as a coming together of Hebrew notions of the cosmos as subject to an omnipotent personal rule, with a Greek metaphysical discourse concerning the structures of being. In terms of this strand, natural law is thoroughly Biblical in origin, and indeed Philo thinks of the revealed law of the Hebrew Bible as alone fully proclaiming the natural law, even if the world constitutes a kind of megalopolis with one law and one constitution, to which the constitutions of cities are dubious “additions,” allegorically symbolized by Joseph in terms of the supposed etymology of his name and his coat of many colors. The Decalogue is a saving deliverance from this addition: thus it was proclaimed far from cities in the “deep desert,” and unlike …

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, …