This work presents the basic arguments and fundamental themes of the political and moral thought of the seventeenth-century philosopher, Samuel Pufendorf--one of the most widely read natural lawyers of the pre-Kantian era. Selections from the texts of Pufendorf's two major works, Elements of Universal Jurisprudence and The Law of Nature and of Nations, have been brought together to make Pufendorf's moral and political thought more accessible. The selections included have received a new English translation, the first (...) for both works in roughly sixty years. The editor, a political scientist, and the translator, a philosopher, have developed a volume that is comprehensive and representative of Pufendorf's thought without being repetitive, fragmented, or obscure. (shrink)

Samuel Pufendorf is one of the most important moral and political philosophers of the seventeenth century. His theory, which builds on Grotius and Hobbes, was immediately recognized as a classic and taken up by writers as diverse as Locke, Hume, Rousseau, and Smith. Over the past twenty years there has been a renaissance of Pufendorf scholarship. On the Duty of Man and Citizen is Pufendorf's own epitome of his monumental On the Law of Nature and of (...) Nations, and it served as a basic text in European universities throughout the Enlightenment. This edition has a lucid and historically sensitive translation by Michael Silverthorne, the first since the early twentieth century. James Tully's introduction sets the text in its context, summarizes the main arguments, surveys recent literature on Pufendorf, and shows how Pufendorf transformed natural law theory into an independent discipline of juristic political philosophy that dominated reflection on politics until Kant. (shrink)

This was Pufendorf's first work, published in 1660. Its appearance effectively inaugurated the modern natural-law movement in the German-speaking world. The work also established Pufendorf as a key figure and laid the foundations for his major works, which were to sweep across Europe and North America. Pufendorf rejected the concept of natural rights as liberties and the suggestion that political government is justified by its protection of such rights, arguing instead for a principled limit to the state's (...) role in human life. (shrink)

From the end of the twelfth century until the middle of the eighteenth century, the concept of a right of necessity –i.e. the moral prerogative of an agent, given certain conditions, to use or take someone else’s property in order to get out of his plight– was common among moral and political philosophers, who took it to be a valid exception to the standard moral and legal rules. In this essay, I analyze Samuel Pufendorf’s account of such a (...) right, founded on the basic instinct of self-preservation and on the notion that, in civil society, we have certain minimal duties of humanity towards each other. I review Pufendorf’s secularized account of natural law, his conception of the civil state, and the function of private property. I then turn to his criticism of Grotius’s understanding of the right of necessity as a retreat to the pre-civil right of common use, and defend his account against some recent criticisms. Finally, I examine the conditions deemed necessary and jointly sufficient for this right to be claimable, and conclude by pointing to the main strengths of this account. Keywords: Samuel Pufendorf, Hugo Grotius, right of necessity, duty of humanity, private property. (shrink)

Im Winterhalbjahr 2009/10 führte das Thomas-Mann-Archiv der ETH Zürich zusammen mit den beiden evangelisch-reformierten Gemeinden Fraumünster und Großmünster in Zürich eine Vortragsreihe durch zum Thema "Der ungläubige Thomas. Zur Religion in Thomas Manns Romanen". Im Gesamtbogen der Romane Thomas Manns wird Religion auf eine faszinierend vielschichtige Weise und in einer sich vertiefenden Denkbewegung thematisch. Die Auseinandersetzung mit Kernthemen jüdisch-christlicher wie auch mythisch-antiker Traditionen geschieht bei Thomas Mann in einer Breite und Tiefe wie bei nur wenigen seiner literarischen Zeitgenossen. Durch alle (...) Romane hindurch wird Religion nicht nur besichtigt und beschrieben, sie ist auch konstruktiv präsent in ihrer Architektur und Leitmotivik. (shrink)

This article expounds Samuel von Pufendorf’s evolving theory of multiple monarchy, from the publication of his early work on the form of the Holy Roman Empire, through his natural jurisprudence, to his historical accounts of European statesmanship. Although his comments on the irregularity—indeed, the monstrosity—of composite kingdoms are well known, it is less often appreciated that Pufendorf came to be able to accommodate them within a typology of constitutional systems developed against the background of his theory of (...) the moral personality of the state. Pufendorf’s political thought after his early book on the Holy Roman Empire is the record of a consistent attempt to confront the complexities of multiple monarchy rather than capitulate in the face of them. (shrink)

Fiammetta Palladini's work is one of the most important discussions of Pufendorf to appear in the latter part of the twentieth century. It cut through the existing field of Pufendorf studies, laying bare its inherited templates and tacit assumptions. Palladini was thus able to peel back the 'Grotian' commentary in which the great thinker had been shrouded, revealing a Pufendorf well-known in the 1680s-a formidable and dangerous natural jurist and political theorist-but doubly obscured in the 1980s and (...) still today, by a philosophical history that flies too high to see him, and by a commentary literature that too often does not like what it sees. David Saunders' remarkable translation carries Palladini's argument into English with maximum fidelity. (shrink)

A hipótese deste artigo tem o objetivo de mostrar que Samuel Pufendorf utiliza e elabora a distinção efetuada por Hugo Grotius entre direitos perfeitos e imperfeitos. De certo modo Pufendorf vai mais adiante do que Grotius e não apenas aceita a sua distinção, como também a esclarece: os direitos em geral são poderes morais obtidos pela lei que apresentam ao mesmo tempo dois tipos de poder moral e de direitos. No caso dos direitos perfeitos, o homem está (...) por definição autorizado a usar a força para proteger seu exercício do poder. Dentro da sociedade política isso significa que ele pode ir ao tribunal, entre as nações permite a justificativa da guerra. No caso dos direitos imperfeitos, porém, o seu detentor não tem a permissão de exigir seu cumprimento pela força, embora deva ser admitido que obstruir erroneamente seu exercício é algo desumano. O jurista alemão está mais interessado, portanto, em explicar o significado da função da própria distinção. Ele oferece sua explicação em dois estágios: o primeiro explica por que os direitos perfeitos têm de ser cumpridos. Entre as leis da natureza, algumas devem ser observadas simplesmente para que a sociedade possa existir, enquanto outras conduzem a uma existência melhorada. Os direitos perfeitos extraem seu caráter do primeiro tipo de lei, os imperfeitos, do segundo. O segundo estágio da explicação mostra como os direitos imperfeitos e perfeitos suplementam um ao outro.: The article presents some important ideas of the rights discourse of Samuel Pufendorf. The definitions of natural law, the distinction between perfect and imperfect rights. Keywords: Sociability; Natural Law; Rights; State. (shrink)

The aim is to contribute to a better understanding of Samuel Pufendorf’s road from his early Elementa jurisprudentiae universalis, published in late 1660 to the eight ‘books’ of De jure naturae et gentium from 1672. In the latter, Pufendorf completed a methodical shift from the more geometrico method to a universal jurisprudence based upon a wide range of humanistic arts, including history. In this connection, Pufendorf gave more credit to Hugo Grotius and his De jure belli (...) ac pacis than in the earlier work. The paper redefines the role that Pufendorf’s contacts with the Chief Minister from Mainz, Johann Christian von Boineburg and his closest collaborators, Hermann Conring and Johann Heinrich Boecler played in Pufendorf’s shift of approach to ‘universal jurisprudence’. Hitherto underexplored correspondence of Boineburg with Boecler permits a reconstruction of the polemic that Boineburg incited and fuelled between Pufendorf and Boecler. Pufendorf’s reflections of the events in the Preface of the first edition of De jure naturae et gentium and later Christian Thomasius’s account in Paulo plenior, historia juris naturalis made the intermezzo into an essential part of the foundation myth of modern natural law. (shrink)

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This work contains newly translated excerpts from Samuel Pufendor's two major works in political and moral thought, Elements of Universal Jurisprudence and The Law of Nature and Nations. The editor and translator have worked to present a readable and comprehensive introduction to Pufendorf's political philosophy. The new English translation far exceeds what is currently available in terms of sophistication and clarity. A substantive introduction is included to acquaint readers with Pufendorf's ideas.

Hugo Grotius believed that last wills belonged to the Law of Nature, whereas Samuel Pufendorf argued that testamentary succession was a mere creation of human laws. I argue that Pufendorf’s rejection of the Natural Law origins for wills lacks internal consistency in both his Natural Law system and his proprietary rights theory. Pufendorf even contradicts his own previous claim stating wills are recognised by the Law of Nature as useful to the promotion of social peace. Grotius’s (...) analysis of testaments, on the other hand, brief though it may be, is entirely consistent with his previous arguments: that the Law of Nature can attach itself to human creation; and that a human creation such as testamentary succession belongs to Natural Law when derived from, or when it agrees with, human reason and sociability. (shrink)

This work contains newly translated excerpts from Samuel Pufendor's two major works in political and moral thought, Elements of Universal Jurisprudence and The Law of Nature and Nations. The editor and translator have worked to present a readable and comprehensive introduction to Pufendorf's political philosophy. The new English translation far exceeds what is currently available in terms of sophistication and clarity. A substantive introduction is included to acquaint readers with Pufendorf's ideas.

The article proposes a comparison between certain aspects of Samuel Pufendorf's (1632-1694) conception of natural law and certain aspects of John Searle's social ontology. As in Pufendorf the entia moralia are superimposed on the entia physica, of which they constitute modes that ground systems of norms (natural or positive), so in Searle the institutional facts that are created by certain speech acts of the performative type are superimposed on the physical facts. The difference between Pufendorf and (...) Searle is that the latter understands all institutional facts as extrinsic to the physical facts (as a consequence of the peculiarity of their self-referentiality). For Pufendorf, on the other hand, moral modes are intrinsic to certain entia physica endowed with reason and will, whereas certain legal relations, like property, are extrinsic. (shrink)

The article deals with the question of the relationship between physical modes and moral modes in Samuel Pufendorf’s theory of natural law. By distinguishing these two kinds of modes (which are both modes of natural substances) Pufendorf anticipates the “law of Hume”, according to which the is and the ought are incommensurable. According to Pufendorf, Grotius and Hobbes’ conception of the state of nature is at fault because these authors make natural law a fact that would (...) not be accompanied by imposition and from which deontological notions would thus flow in a natural way. According to Pufendorf, on the contrary, deontological modes go hand in hand with the moral modes which are attached to certain natural substances only because of a divine imposition which wanted to make man a naturally sociable being. (shrink)

Andrew Tooke's 1691 English translation of Samuel Pufendorf's De officio hominis et civis, published as The Whole Duty of Man According to the Law of Nature, brought Pufendorf's manual fo statist natural law into English politics at a moment of temporary equilibrium in the unfinished contest between Crown and Parliament for the rights and powers of sovereignty. Drawing on the authors' re-edition of The Whole Duty of Man, this article describes and analyses a telling instance of how--by (...) translation--the core political terms and concepts of the German natural jurist's 'absolutist' formulary were reshaped for reception in the different political culture of late seventeenth-century England. (shrink)

The essay analyses the chief meanings of the idea of equality both in the natural law theory and in the theological thought of Samuel Pufendorf, as well as his criticism to the Hobbesian conception of equality, utilitaristically founded. In his natural law Theory Pufendorf, unlike Hobbes, conceives equality not as equality in capacity, but as juridical equality ( aequalitas juris ). Equality, the second of the three duties to one another, prescribes to every man to treat every (...) other as his equal by nature, respecting his dignity as he is an equally rational and free human being. Equality is also interpreted by Pufendorf both as the equal right and power to self-preservation and as men's equal subjection to the natural law. In his main theological work Pufendorf, on the contrary, takes his idea of equality from the Lutheran thesis of the universal priesthood of all the faithful. (shrink)