Legal History International Law

The Necessity of Nature: God, Science and Money in 17th Century English Law of Nature

By Mónica García-Salmones
Cambridge University Press February 2023

Specifications

ISBN-13
9781009332163
Publisher
Cambridge University Press
Publication
February 2023
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

To understand our current world crises, it is essential to study the origins of the systems and institutions we now take for granted. This book takes a novel approach to charting intellectual, scientific and philosophical histories alongside the development of the international legal order by studying the philosophy and theology of the Scientific Revolution and its impact on European natural law, political liberalism and political economy. Starting from analysis of the work of Thomas Hobbes, Robert Boyle and John Locke on natural law, the author incorporates a holistic approach that encompasses global legal matters beyond the foundational matters of treaties and diplomacy. The monograph promotes a sustainable transformation of international law in the context of related philosophy, history and theology. Tackling issues such as nature, money, necessities, human nature, secularism and epistemology, which underlie natural lawyers' thinking, Associate Professor García-Salmones explains their enduring relevance for international legal studies today.

  • Uncovers the deep philosophical and theological questions at stake in the development of a more sustainable international law
  • Shows the relevance of natural law in contemporary natural and legal sciences
  • Explains the significance of Hobbes and Locke's theories and their interdisciplinary work

Table of Contents

Preface
Introduction
1. A Christian Science: Searching for the Common Good and the Public Good
1.1 Deism, Neoplatonism and the Light of Reason
1.2 Scepticism and Moral Righteousness
1.3 Hobbes and Locke versus Filmer on Political Economy
1.4 The New Oeconomies: Household – State -Nature
2. Hobbes's Doctrine of Necessity
2.1 Hobbes's Doctrine of Necessity and Existence
2.1.1 A Yearning for Necessity
2.1.2 Neoplatonist Necessary Existence of Avicenna
2.2 Necessitarian Metaphysics and (Human) Body in Avicenna and Hobbes
2.2.1 Hobbes's Early Necessitarianism
2.2.2 Hobbes's Metaphysics of Bodies and its Implication to Morality
3. Necessities, Natural Rights and Sovereignty in Leviathan
3.1 Hobbes's Necessity, Theology and Natural Laws
3.1.1 Within the Tradition of Power
3.1.2 The Tradition of Natural Laws Updated
3.2 The Doctrine of Necessity in Leviathan
3.2.1 Natural Rights and Necessity
3.2.2 The Needs of Others
3.2.3 Naturalism
3.2.4 The Needs of the Sovereign
3.2.5 The Necessary Freedom
3.2.6 Faith and Necessity
4. Reformers on the Necessary Knowledge
4.1 Useful Knowledge as the Only Necessary Knowledge: Benjamin Worsley in Context
4.1.1 Jan Comenius and Sir Cheney Culpeper on Nature
4.1.2 A 'Professor of Necessities'
4.1.3 Robert Boyle: between Nature and Utilitarian Science
4.2 All-Encompassing Human Necessities
4.2.1 Hartlib's 'Office of Publick Address'
4.2.2 'A Well Regulated Plantation'
4.2.3 The Knowledge of Trade
5. Necessity, Free Will and Conscience: Robert Sanderson
5.1 Logician and Theologian:
5.1.1 An English Casuist
5.1.2 Predestination, Necessity and Free Will
5.2 The Mechanical Conscience
5.2.1 The Age of Conscience
5.2.2 Albert the Great, Aquinas and Ralph Cudworth on the Agent Intellect
5.2.3 Necessary Discursive Reasoning
5.2.4 The Necessity of Obedience
6. The Grand Business of Nature
6.1 The Oeconomy of Nature
6.1.1 The Last Atom
6.1.2 The Multiplier
6.1.3 Natural Philosophy Without Moral Natural Law
6.2 The Fact of Man
6.2.1 Voluntarist Law
6.2.2 Aretology: Embracing Human Body
6.3 The Grand Business of Nature
6.3.1 Aquinas's Theology of Use
6.3.2 Knowing the Bountiful Nature
6.3.3 Technology from the Plantations
7. Robert Boyle, the Empire over Nature
7.1 Nothing is Necessary: Benjamin Worsley Revisited
7.1.1 Mentoring Boyle
7.1.2 Worsley the Prophet
7.2 The Transmutator of Nature
7.2.1 God's Concurrence
7.2.2 The Uncertain Boundaries of Natures
7.2.3 God's Arbitrary Will and Humans' Right Reasoning
7.2.4 The Viewpoint in Boyle's Laws of Nature
7.2.5 Selden, Milton, Cumberland and Boyle on Weakness of Reason
7.3 Undoing Nature
7.3.1 The Unlimited Reason
7.3.2 The 'Unnecessariness' of Nature
8.
Locke's Early Writings
8.1 Independent Judgment of Conscience, Public Law and Public Interest
8.1.1 The Governance of 'Matters Indifferent'
8.1.2 Locke's Tracts on Government and Judgment about Necessary Things
8.1.3 Moral Perplexity Erased
8.2 Undoing Conscience
8.2.1 No Innate Principles
8.2.2 Common Necessities and Not Interest
9. Medicine, Oeconomy and Needs
9.1 The Oeconomy of Needs
9.1.1 Resituating Natural Law in a Philosophy of Necessities and Needs
9.1.2 Studying and Practicing Medicine
9.1.3 Galenism
9.2 Physicians and Oeconomia
9.2.1 Towards a Politics of Household
9.2.2 Politicisation and Depoliticisation of Needs
9.2.3 Avicenna's Kitâb Al-siyâsa (Politics), the Metaphysics of 'The Healing' and the Pragmatic Politicisation of Needs
10. Money and the Doctrine of Necessities
10.1 Locke's Doctrine of Necessities
10.1.1 A Changing Perspective: Corpuscularianism
10.1.2 Necessities
10.1.3 The (Sometimes Dark) Politics of Necessities
10.2 Usury, Interest and Science
10.2.1 Fraternal Love v. Love of Money
10.2.2 The Acts Against Usury
10.2.3 The Concerns of Gerard Malynes
10.2.4 The Scholars' Discussion
10.2.5 Economists and Scientists
11. The Scientification of Money
11.1 The Science of Interest
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