Natural Law: Partie 2 - Chapitre 1 (Decline of Natural Law)

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

Which influential work by Jean-Jacques Rousseau introduced the concept of the 'general will'?

The Social Contract (correct)

Discourse on the Origin and Basis of Inequality Among Men

Julie, or the New Heloise

Emile, or On Education

Rousseau published 'The Social Contract' in 1755.

False

What is the title of Rousseau's literary masterpiece published in 1761 that emphasized sentiment over reason?

Julie, or the New Heloise

In 'Emile, or On Education,' Rousseau presented a treatise on __________ philosophy.

educational Signup and view all the answers

During the 19th century, what major shift occurred in Germany and Italy?

The emergence of unified nation-states Signup and view all the answers

Hume's philosophy challenged the Cartesian notion of innate knowledge.

True Signup and view all the answers

According to David Hume, what is the basis for ethical conduct?

feelings Signup and view all the answers

According to David Hume, while some virtues may be inherent or natural, justice is considered an ______ virtue.

artificial Signup and view all the answers

Match the following concepts with their descriptions:

Stability of possessions = Ensures peace in society but can lead to unequal distribution Transfer of property by consent = Facilitates exchanges to overcome distribution disparities Obligation to keep promises = Forms a system of trust based on promises Signup and view all the answers

What term is used to describe Hume's critique of deriving moral principles from empirical facts?

Hume Guillotine Signup and view all the answers

According to Hume, what is imperceptible but of the last consequence in moral reasoning?

Change Signup and view all the answers

Jeremy Bentham proposed that the morality of an action should be determined by its ability to maximize overall happiness.

True Signup and view all the answers

Jeremy Bentham's philosophy emphasized the principle of utility as the sole moral guide for both __________ and private conduct.

public Signup and view all the answers

Match the following legal concepts with the thinker associated with them:

Challenge to common law and legal security = Jeremy Bentham Natural rights and the principle of utility = Jeremy Bentham The critique of deriving 'ought' from 'is' = David Hume Signup and view all the answers

Study Notes

The Decline of Natural Law

19th century marked by significant geopolitical shifts and internal upheavals in Europe
Congress of Vienna (1815) aimed to restore stability after French Revolution and Napoleon's military campaigns
Internal unrest led to concessions, such as written constitutions and expanded suffrage
Unity of Germany and Italy led to emergence of nation-states
Shift from natural law and social contract towards legal positivism, especially in Germany
Historical School viewed law as expression of people's consciousness and traditions, rejecting universalism of natural law
Legal positivism separated law from morality, defining it as state-derived commands and norms

David Hume (1711-1776)

Scottish philosopher who rejected innate ideas and argued that all human knowledge is derived from experience
Major work: "Treatise on Human Nature"
Challenged Cartesian notion of innate knowledge and emphasized role of sensory impressions in forming ideas
Argued that causality cannot be proven through a priori reasoning, but is based on observed regularities in conjunction of events
Contended that humans infer causality from repeated experiences of certain objects being consistently connected

David Hume's Critique of Natural Law

Moral conduct is rooted in feelings rather than reason
Moral rules cannot be derived from reason alone
Challenges traditional theories of natural law, which emphasize role of reason in identifying moral principles
Justice is not a natural virtue, but an artificial one, crafted by society to regulate human interactions

David Hume's Philosophy

Three natural laws:
- Stability of possessions
- Transfer of property by consent
- Obligation to keep promises
Justice has a conventional rather than natural origin
Government is not universally essential, but is derivative from societal needs
Critique of social contract theory, highlighting its impracticality and lack of tangible evidence

Jeremy Bentham (1748-1832)

Pioneering figure in utilitarianism and legal positivism
Developed principles of utility and "greatest happiness of the greatest number"
Advocated for representative democracy, universal suffrage, women's rights, and abolition of slavery
Supported codification of laws and opposed the death penalty
Criticized common law and advocated for substantial reforms

Jeremy Bentham's Utilitarianism

Psychological hedonism: human behavior stems from desire for pleasure and avoidance of pain
Morality of an action is determined by its ability to maximize overall happiness
Criticized for potentially neglecting interests of minorities
Emphasized subsidiary political goals such as security, subsistence, abundance, and equality### Laws and Security
Laws protect individuals' expectations of pleasure and prevent pain by ensuring that events governed by the law align with these expectations.
Clear, coherent, and consistently applied laws are necessary for security.
Bentham advocates for a literal interpretation of laws, even if they are obscure or inconsistent.

Promulgation of Laws

Laws must be known to those they govern.
Promulgation involves more than mere publication; it requires presenting laws to people's minds, ensuring they are remembered, and providing opportunities for consultation.
Ideally, laws should be ingrained in the public consciousness, influencing moral conduct.

Natural Law and Positive Law

Jeremy Bentham challenged prevailing concepts such as natural rights and the social contract.
Bentham's rejection of natural rights stems from his utilitarian worldview, which holds that human behavior is governed by the pursuit of pleasure and the avoidance of pain.
Rights derive from positive law enacted by public authorities and must be assessed based on their utility to society.

Bentham argued that the existence of absolute natural rights would lead to chaos and anarchy unless they were subject to the principle of utility.
He criticized the notion of natural rights as "imaginary" and advocated for laws grounded in rational utility rather than abstract principles.
Bentham dismissed the social contract theory as a fictitious and unnecessary concept.

Government and Accountability

Bentham emphasized the importance of transparency and accountability in government.
He advocated for mechanisms such as freedom of the press and public oversight to ensure that government actions align with the interests of the people.

Transition to Legal Positivism

Rousseau and Kant contributed to the transition between natural law and legal positivism.
Both emphasized the experience of the social contract, leading to a focus on empirical analysis in jurisprudence.

Jean-Jacques Rousseau

Rousseau was a multifaceted figure of the Enlightenment era, contributing to philosophy, literature, and political theory.
He published "Discourse on the Origin and Basis of Inequality Among Men" in 1755, critiquing societal structures.
His novel "Julie, or the New Heloise" (1761) emphasized sentiment over reason, contributing to the Romantic movement.
Rousseau's "Emile, or On Education" (1762) and "The Social Contract" (1762) introduced the concept of the "general will," influencing revolutionary thought and later political theory.

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

Description

This quiz covers the decline of natural law in the 19th century, including the Congress of Vienna and the 'year of revolutions' in 1848. It's part of the 2023-2024 syllabus by Sarah Lefrarni.