On the Development of the Natural Law in the Western Political Philosophy〔*〕

Qiu Genjiang，Zhao Yaying

(1.Department of Philosophy　Xi’an Jiaotong University,Xi’an　Shaanxi　710049 2.The School of Foreign Studies　Xi’an Jiaotong University,Xi’an　Shaanxi　710049)

?

On the Development of the Natural Law in the Western Political Philosophy〔*〕

Qiu Genjiang1，Zhao Yaying2

(1.Department of PhilosophyXi’an Jiaotong University,Xi’anShaanxi710049 2.The School of Foreign StudiesXi’an Jiaotong University,Xi’anShaanxi710049)

Natural law is an important concept in political philosophy,the theme of this paper is the development of natural law in the western political philosophy.To specify this statement,this paper is divided into three parts.The first is the origin of natural law in the western political philosophy.The second is the development of natural law in Aquinas’ thoughts.The third is the development of natural law in Hobbes’ thoughts.

natural law;western political philosophy;Aquinas;Hobbes

Ⅰ.The origin of natural law in the western political philosophy

The concept of natural law comes from the west.Tracing back to its roots,it can be found that there are seeds of natural law in Greek mythology.Plato and Aristotle once discussed natural law in their books.Plato,the great philosopher,discussed the theory of the Forms,the cause of evil and the virtues in the state.With abundant natural law thoughts in the theory of the Forms,Plato’s theory of the Forms is his most significant philosophical contribution.The definition of it is as following.The Forms are those changeless,eternal,and non-material essences or patterns while the actual visible objects we observe are only poor copies.For Plato,natural law is a part of the world of Forms.Justice is a vital concept of natural law.In the Republic,Plato shows that true philosophers are eager to dig out the essential natural of things.When he asks what is justice,he is not expecting examples of just,but what makes these things just.So we can draw a conclusion that natural law is a Form.

Aristotle is another great philosopher in Greek.For Aristotle,natural law is a part of his metaphysical ideas.In his work titled Metaphysics,Aristotle develops what he calls the science of first philosophy.The term metaphysics has a somewhat cloudy origin,but in this context it seems at least partly signify the position of this work among Aristotle’s other writings.Throughout Metaphysics he deals with a type of knowledge that he deems could be most rightly called wisdom.Nevertheless,Aristotle puts that we do not regard what we know through the senses as wisdom,instead,wisdom is similar to the knowledge possessed by scientists.They begin by looking at something,then repeating these sense experiences,and finally going beyond sense experience by thinking about the causes of the objects of their experience.〔1〕Aristotle regards Metaphysics as the first philosophy,which goes beyond the subject matter of the other sciences and is concerned with the knowledge of reality.In a nutshell,metaphysics is concerned with being and its causes.According to Aristotle’s metaphysics,natural law is the first law.In his Ethics,Aristotle distinguishes natural justice from conventional justice.He supposes some forms of behavior are wrong only after law has been made to regulate such behavior.It is wrong,for example,to drive a vehicle at certain speeds only because a speed limit has been set,but there is nothing in nature that requires that vehicles travel at that speed.Such a law is,therefore,not natural but conventional because before that law is passed,there is nothing wrong with traveling at speeds exceeding the new limits.On the contrary,there are some laws derived from nature,so that the behavior they regulate has always been wrong,as in the case of murder.〔2〕

Ⅱ.The development of natural law in Aquinas’ thoughts

Aquinas is a great religion philosopher,whose thoughts were expressed in Christian pattern,and he is primarily a theologian.What is worth mentioning is that he explored the morality and natural law through the theology.The theory of his natural law is very important,and it differs greatly from that of Plato and Aristotle.Morality,in Aquinas’ view,is not an arbitrary set of rules for behavior,rather it is the basis of moral obligation found in human itself.Law,Aquinas said,has primarily to do with reason.Human reason is the standard of our actions because it belongs to reason to direct our whole activity toward our end.Law consists of these rules and measures of human acts and therefore is based on reason.But Aquinas argued that since God created all things,human nature and natural law are best understood as the product of God’s Wisdom or reason.〔3〕For Aquinas,natural law is to clarify this problem further.Aquinas distinguishes four categories of law,which are eternal law,referring to the fact that the whole community of the universe is governed by Divine Reason.Because of this,the very notion of the government of things in God,the Ruler of the universe,has the nature of a law.Since the Divine Reason’s conception of things is not subject to time but is eternal…therefore it is this kind of law that must be called eternal.〔4〕For Aquinas,eternal law is the source of the all the other laws,which is from God,in other words,eternal law is an ontology law.The second law is the natural law.For Aquinas,natural law consists of that portion of the eternal law that pertains particularly to people.His reasoning is that all things share somewhat of the eternal law…from its being imprinted on them and from this all things derive their respective inclinations to their proper acts and ends.This is particularly true of people,because our rational capacity has a share of the Eternal Reason as it has a natural inclination to its proper act and end.〔5〕For Aquinas,this participation of the eternal law in the rational creature is called the natural law and the natural law is nothing else than the rational creature’s participation in the eternal law.For Aquinas,the basic precepts of the natural law is the preservation of life,propagation and education of offspring as well as pursuit of truth and a peaceful society.Thus natural law consists of broad and general principles that reflect God’s intentions for people in creation.〔6〕As a theology philosopher,Aquinas draws the conclusion that God is the ultimate creator of natural law.

Apart from natural law,Aquinas also set foot on human law.To understand his thoughts on natural law,it is necessary to clarify his thoughts on human law.Human law refers to the specific statutes of governments,these statutes or human laws are derived from the general precepts of natural law.The conclusion can be drawn that the various sciences from naturally known indemonstrable principles,so also human reason needs to proceed to the more particular determination of certain matters from the precepts of natural law.And these particular determinations,devised by human reason,are called human laws.〔7〕Aquinas once emphasized human laws originated from natural law while natural law ensured legitimacy of the human law.According to Aquinas,what is so far-reaching about this conception of human law is that it repudiates the notion that a law is a law only because it is decreed by a sovereign.〔8〕Aquinas also deemed that every human law has just so much of the natural of law,as it is derived from the law of nature.This thought is of great importance,because the thought ensures fairness and justice of human law.Aquinas also pointed out that if in any point it deflects from the law of natural,it is no longer a law but a perversion of law.〔9〕

God remains an original concept in Aquinas’ theory,his theory will lose all its value without God.Thus,he not only explained the natural law and human law but also explained divine law.The definition of divine law can be perceived through Aquinas saying about the function of law as to direct people to their proper ends.Since we are ordained to an end of eternal happiness,in addition to our temporal happiness,there must be a kind of law that can direct us to that supernatural end.〔10〕Therefore,it is necessary that besides the natural and the human law,people should be directed to their ends by a law given by God.The divine law,then,is available to us through revelation and is found in the Scriptures.It is not the product of human reason but is given to us through God’s grace.

It is generally known that the biggest difference between Aquinas’ natural law and Aquinas’ divine law is that natural law represents our rational knowledge of the good by which the intellect directs our wills to control our appetites and passions.Divine law,on the other hand,comes directly from God through revelation and is a gift of God’s grace.Through this we are directed to our supernatural ends and obtain the theology by God’s grace virtues of faith,hope,and love.These virtues are infused into human natural by God’s grace and are not the result of our natural abilities.〔11〕

Ⅲ.The development of natural law in Hobbes’ thoughts

As a key part in the western political philosophy,different philosophers have different views on natural law varying from Plato to Aquinas.To study natural law means tracing back to the origin of justice and fairness.Throughout the whole periods of human history,if anyone wants to put forward some new political views,he must conduct research on natural law.Hobbes is one of the most famous political philosophers in modern times.His thoughts are deeply influenced by the geometry and his initial fascination with mathematics comes from his encounter with Euclid.Hobbes assumed that no matter what the object of study was,he could gain exact knowledge through the method of observation and deductive reasoning from axioms,formed from observation.He therefore set out an ambitious project,aiming to recast the study of physical natural,human nature,and society with the same method throughout.He embraced the hope that if political theory could formulate with logical precision,people would be more likely to achieve agreement among themselves and thereby arrive at what he longed for most of all,namely,peace and order.

Hobbes has a tendency to reason his political philosophy in a similar pattern with geometry since he is greatly influenced by geometry.Premise is the primary foundation of reasoning,without which reasoning can not be established.Hobbes constructed his natural law theory from the state of nature,which is the condition of people before there is any state or civil society.In the state of nature,all human beings are equal and have the equal right to obtain whatever they consider necessary for their survival.Equality means that people are capable of hurting their neighbors and taking what they consider as necessary for their own protection.Differences in strength can in time be overcome,and the weak can destroy the strong.The right of all to all that prevails in the state of nature does not mean that one person has a right whereas others have corresponding duties.The word right in the bare state of nature is a person’s freedom to do whatever he wants,and against whom he considers fit,and to possess,use and enjoy all that he desires,or can obtain.The driving force in a person is the will to survive,and the psychological attitude pervading all people is fear — the fear of death,especially violent death.〔12〕In fact,the state of nature is the war of all against all.The war of every man against every man.The consequence is nothing can be unjust,the notions of right and wrong,justice and injustice,have there no place.There is no law,where no law,no injustice.〔13〕Although there is absolute freedom in the state of natural,there are loads of danger in the state of nature.The passions that drive men to pursue peace are fear of death,desires of things that are necessary for commodious living,and a hope by their industry to obtain them.Reason suggests peace,upon which men may be drawn to agreement.These articles,are they,which otherwise are called the Laws of natural.

Hobbes defines natural law as several logical conclusions or consequences that can be deduced from our concerns for our survival.Even in the state of nature,people know these natural laws,which are consistent with our principal concerns for our own by reason.A law of nature is a precept,or a general rule,found out by reason,by which a man is forbid to do that,which is destructive of his life,or takes away the means of preserving the same,and to omit that,by which he thinks it may be best preserved.〔14〕According to Hobbes,survival is very important for every one.In other words,survival is the first principal for people in this world.If the major premise is to survive,so it can be logically deduced that certain rules of behavior will people to survive.Therefore,the first natural law,for Hobbes,is that everyone ought to to seek peace and follow it.Then the next question shall be how to achieve peace.Generally speaking,if every one just wants to protect himself,then all men will be in the condition of war.But if other men will not lay down their right as well as him,then there is no reason for anyone to divest himself of his.〔15〕And for this reason,we can draw the second natural law.It states that a man is willing,when others are so too,as far forth as for peace,and defense of himself he shall think it necessary,to lay down his right to all things,and be contented with so much liberty against other men,as he would allow other men against himself.〔16〕This means we should be willing to give up our hostile rights toward others if they are willing to give up their hostile rights toward us.〔17〕

Natural law is an important concept for Hobbes,because Hobbes wants to prove his thoughts of social contract by natural law.As mentioned above,the state of nature is actually a war all against all.There is no art,no letter,no society,which is the worst kind of all.By following the dictates of natural law,it is possible to seek peace,renounce some of our rights or freedom,and enter a social contract.For Hobbes,if there does not exist thoughts of natural law,the thoughts of social contract will be groundless.According to logic of social contract,people are bound to create a nation.The state is a sovereign.If there is no sovereign,natural law can not be carried out.In a nutshell,natural law is of enormous importance for Hobbes.In some sense,natural law is the foundation of western political philosophy.

〔1〕Samuel Enoch Stumpf,Socrates to Sartre and Beyond:A History of Philosophy,Beijing World Publishing Company,2012,p.73.

〔2〕Samuel Enoch Stumpf,Socrates to Sartre and Beyond:A History of Philosophy,Beijing World Publishing Company,2012,pp.162-163.

〔3〕Samuel Enoch Stumpf,Socrates to Sartre and Beyond:A History of Philosophy,Beijing World Publishing Company,2012,p.163.

〔4〕Anton C.,Pegis Introduction to St Thomas Aquinas Random House,INC.1948,p.613.

〔5〕Samuel Enoch Stumpf,Socrates to Sartre and Beyond:A History of Philosophy,Beijing World Publishing Company,2012,p.163.

〔6〕Samuel Enoch Stumpf,Socrates to Sartre and Beyond:A History of Philosophy,Beijing World Publishing Company,2012,p.163.

〔7〕Anton C.,Pegis Introduction to St Thomas Aquinas Random House,INC.1948,p.616.

〔8〕Samuel Enoch Stumpf,Socrates to Sartre and Beyond:A History of Philosophy,Beijing World Publishing Company,2012,p.163.

〔9〕Samuel Enoch Stumpf,Socrates to Sartre and Beyond:A History of Philosophy,Beijing World Publishing Company,2012,p.164.

〔10〕Samuel Enoch Stumpf,Socrates to Sartre and Beyond:A History of Philosophy,Beijing World Publishing Company,2012,p.164.

〔11〕Samuel Enoch Stumpf,Socrates to Sartre and Beyond:A History of Philosophy,Beijing World Publishing Company,2012,p.16.

〔12〕Samuel Enoch Stumpf,Socrates to Sartre and Beyond:A History of Philosophy,Beijing World Publishing Company,2012,p.200.

〔13〕Hobbes Leviathan Hackett Publishing Company,Inc Cambrige,1994,p.78.

〔14〕Steven M.,Cahn Classic of Political and Moral Philosophy,Oxford University Press,2012,p.394.

〔15〕Hobbes Leviathan Hackett Publishing Company,Inc Cambrige,1994,p.81.

〔16〕Hobbes Leviathan Hackett Publishing Company,Inc Cambrige,1994,p.80.

〔17〕Samuel Enoch Stumpf,Socrates to Sartre and Beyond:A History of Philosophy,Beijing World Publishing Company,2012,p.200.

Notes:

〔1〕Leo Strauss,Natural Right and History,The University of Chocago Press,Chicago,1953,

〔2〕Samuel Enoch Stumpf,Socrates to Sartre and Beyond:A History of Philosophy,Beijing World Publishing Company,2012.

〔3〕Anton C.,Pegis Introduction to St Thomas Aquinas Random House,INC.1948,

〔4〕Hobbes Leviathan Hackett Publishing Company,Inc Cambrige,1994.

〔5〕Steven M.,Cahn Classic of Political and Moral Philosophy,Oxford University Press,2012.

About the authors：Qiu Genjiang,School of Humanities and Social Sciences,Xi’an Jiaotong University,assistant professor,areas of interest:Political Philosophy and Weatern Modern Mind.

〔*〕This paper is funded by“ the Specializd fund for Basic Research Operating Expenses Program of Central University”of Xi’an Jiaotong University.