Abstract

This work reconstructs the original theory of natural law as developed by the early Stoic scholarchs, explains its fundamental differences from our traditional conception of natural law, and considers the philosophical motivation for this transformation of the original theory. For the nearly Stoics, natural law corresponds not to a determinate code of laws or precepts, as in Aquinas, but to a certain mental disposition, namely the perfectly rational and consistent conduct of the wise man. The content of the moral conduct enjoined by natural law is specified by "virtuous actions" rather than "appropriate actions" . ;In the Introduction I discuss the central differences between ancient and modern theories of natural law, outline the plan of my project, and explain how the early Stoic theory of natural law differs quite radically from the Thomistic conception of the subject. Next I reconstruct the original form and motivation of the theory from the fragments of the early Stoic scholarchs, explain its relation to their ethics and political philosophy, and show that its original motivation was to offer a better answer than Plato had succeeded in giving to the problems he raised in the Republic. In the third chapter I reconstruct and examine critically Carneades' attack on the Stoic theory. Finally, I argue that Antiochus of Ascalon introduced a simple but fundamental modification of the early Stoic theory, which radically changed its orientation and laid the basis for the Thomistic theory. To support his view about the unity of doctrine of the "ancients", Antiochus revised natural law so as to enjoin kathekonta rather than katorthomata, thus making the content of natural law correspond to a determinate class of precepts. I conclude with some general remarks on why Cicero chose Antiochus' version of natural law as the basis for his De Legibus. In an Appendix I argue that the Stoics' theory had little if any substantive influence on Roman Jurisprudence