Tradition

Classical Natural Law

Ancient to 16th century

The claim that law is answerable to a moral order discoverable by reason and prior to any legislator — argued from nature and purpose by the Greeks and Romans, and given its systematic form by Aquinas.

Lineage

Descends from

  • Ancient Philosophy6th century BC to 5th century AD

    Aristotle supplied the teleological groundwork and the Stoics the idea of a law common to all rational beings, transmitted to Rome through Cicero.

  • Scholasticism12th-15th century

    Aquinas's treatise on law in the Summa Theologiae is the direct source of the natural-law tradition that Vitoria, Suárez, Grotius and Pufendorf carried into modern jurisprudence.

Gave rise to

  • Catholic Political ThoughtMedieval to present

    Natural law is the framework Catholic social teaching reasons in, from the medieval synthesis through to the modern encyclicals.

  • Natural LawAncient to present

    Grotius and Pufendorf built on the scholastic account even as they detached it from theology — the categories are Aquinas's, the warrant is not.

  • Political TheologyAncient to present

    Claims about a moral order binding on rulers and prior to statute are the natural-law inheritance within theological politics.

Thinkers15
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Aristotle

384–322 BCE

Aristotle was the ancient Greek founder of political science, grounding politics in the conviction that humans are by nature political animals who flourish only in community

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Marcus Tullius Cicero

106–43 BCE

Marcus Tullius Cicero was a Roman statesman and defender of the Republic whose synthesis of Greek philosophy and Roman civic life became one of the most influential models of republican political thought in the West

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Richard Hooker

1554–1600

The Elizabethan divine whose Laws of Ecclesiastical Polity defended the English settlement by reason and consent, and whom Locke cites as the judicious Hooker.

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Francisco Suárez

1548–1617

The last great scholastic, whose account of law as the command of a will, and of political power as arising in the community before it is transferred, reached Grotius and Locke.

Thinker

Francisco de Vitoria

1483–1546

The Salamanca Dominican who denied that discovery, papal grant or unbelief gave Spain title to the Indies, and founded the modern law of nations in the process.

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Jean Bodin

1530–1596

The lawyer who defined sovereignty as absolute and perpetual power over citizens, giving the modern state its central concept in the middle of a civil war.

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Averroes

1126–1198

Averroes was the Andalusian philosopher whose commentaries carried Aristotle back into the Latin West, and whose insistence that philosophy and revelation could not contradict each other set the terms of the medieval argument about reason.

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Maimonides

1138–1204

Maimonides was the Jewish philosopher and jurist whose reconciliation of Aristotle with revealed law became a model for Christian scholasticism, and whose reading shaped Spinoza, Leibniz and the 20th-century revival of political philosophy.

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John Calvin

1509–1564

John Calvin was the most politically consequential Protestant Reformer, whose theology of resistance, vocation, and godly civil government shaped Puritan England, colonial America, and the modern Protestant world

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Thomas Aquinas

1225–1274

Thomas Aquinas was the medieval Dominican friar who synthesized Christian theology with Aristotelian philosophy and built the natural law tradition that still anchors Catholic political thought

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John Duns Scotus

1266–1308

The Subtle Doctor, whose insistence that the will is free even from the intellect's judgment opened the road to voluntarism in ethics, theology and law.

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Bartolus of Saxoferrato

1313–1357

The greatest of the medieval Roman lawyers, who found in an imperial code the legal basis for the independence of city-republics that recognized no emperor.

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John of Salisbury

1120–1180

Secretary to Becket and author of the Policraticus, the first full-length work of political theory in the medieval West — and the first to justify killing a tyrant.

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Marcus Aurelius

121–180

Marcus Aurelius was Rome's Stoic philosopher-emperor, ruling the most powerful state in the world while writing a private journal on how to live well — the Meditations, among the most widely read texts in human history

Thinker

Martin Luther

1483–1546

Martin Luther was the Augustinian monk whose protest against indulgences fractured Western Christendom and whose insistence on conscience over ecclesiastical authority set the terms of political debate for centuries

Related through shared thinkers6