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Natural Law Within the Radical Enlightenment

Prof. UAM dr hab. Michał Wendland

Adam Mickiewicz University in Poznań

English abstract: The main difference between classical (both ancient and medieval) and modern concepts of natural law lies in the assumption of its supernatural (divine) foundation. Early modern philosophical concepts tend to undermine and gradually to deny God or some other metaphysical entity as the source of natural law. Some contemporary scholars (e.g. Habermas, Bobbio) define this process as transition (modernization, rationalization, Positivisierung) of traditional natural law towards the idea of natural rights and human rights.

We can distinguish at least three main schools of natural law during the 17th and 18th centuries, each one more radical than the others: de Groot dares to consider the natural law “as if there were no God”. The philosophers of early Enlightenment (e.g. Hobbes, Locke, Montesquieu, Voltaire) were perhaps more daring, nevertheless they were all deists and the “Supreme Being” still validates natural law in their writings.

The article aims to examine the most radical view on natural law, i.e. partly forgotten and underestimated ideas of French materialists: La Mettrie, Diderot, Holbach, Mably, and Condorcet. For they were all thinkers of the radical Enlightenment (J. Israel), all of them were materialists and atheists, and they perceived the nature and natural law as completely separated from God or other supernatural being. Unlike their older colleagues, these radical philosophers demanded equality (for women and ethnical minorities as well), emancipation, and social justice for all classes.

This papers describes the idea of natural law within the radical Enlightenment movement, and investigates some political consequences of this interpretation during the French Revolution. While strongly materialistic, progressive, and atheist, the ideas of Diderot, Holbach, Mably, and Condorcet were also perceived as politically dangerous. All revolutionary attempts to put these ideas into political and social practice have failed. Finally, these ideas were refuted, but they returned during the 19th- and 20th-century debates on human rights.

Keywords: natural law, radical Enlightenment, modernity, materialism, ethical naturalism

Language: Polish

Published: Number 4(25)/2020, pp. 91-102.

DOI: https://doi.org/10.36280/AFPiFS.2020.4.91

Download: Download
Number of downloads: 245

Filed Under: Articles Tagged With: ethical naturalism, materialism, modernity, natural law, radical Enlightenment

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Kant Bartosz Wojciechowski Lawyers’ Professional Ethics professional judges trademark law interpretation of the Bible positive responsibility impartiality CLS Ronald Dworkin Marina Dawidowa Marek Jakubiec is-ought problem multiculturalism of law Katarzyna Krzyżanowska sources of law citizens' participation in criminal justice Jacek Srokosz categorization Lucie Olbrechts-Tyteca Marcin Matczak coherence judicial reasoning government memory law Hegel Searle is-statements the attitudes of the legislator Mariola Żak financial market state without a name Adam Sulikowski theory of meaning encounter lay judges truth judicial review (of constitutionality of statutes) Paweł Kokot social ontology analogia legis the methods of legal sciences philosophy of politics Poland’s constitutional crisis Michał Pawłowski legal syllogism Legal Construction Katarzyna Mikołajczyk-Graj Jarosław Wyrembak complementarity of values

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