Ridling, Philosophy Then and Now: A Look Back at 26 Centuries of Thought
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that preceded civilization life was “nasty, brutish, and short” with “every
man’s hand raised against every other,” and that a “social contract” was thus
agreed upon to convey all private rights to a single sovereign in return for
general protection and for the institution of a reign of law. Because law is
simply “the command of the sovereign,” Hobbes at once turned justice into a
by-product of power and denied any right of rebellion except when the
sovereign becomes too weak to protect the commonwealth and hold it united.
In Holland, a prosperous and tolerant commercial republic in the 17th
century, the issues of political philosophy took a different form. Thus, when
the Dutch East India Company commissioned a great jurist, Hugo Grotius
(1583-1645), to provide a defense of their trade rights and of their free access
to the seas, the resulting two treatises, Mare Liberum (1609; The Freedom of
the Seas) and De Jure Belli ac Pacis (1625; On the Law of War and Peace),
were the first significant codifications of international law. Their
philosophical originality lay, however, in the fact that, in defending the rights
of a small, militarily weak nation against the powerful absolutisms of
England, France, and Spain, Grotius was led to a preliminary investigation of
the sources and validity of the concept of “natural law” – the notion that
inherent in human reason and immutable even against the willfulness of
sovereign states are imperative considerations of natural justice and moral
responsibility, which must serve as a check against the arbitrary exercise of
vast political power.
In general, the political philosophy of the Renaissance was dualistic: it
was haunted, even confused, by the conflict between political necessity and
general moral responsibility. Machiavelli, Bodin, and Hobbes asserted claims
that justified the actions of Italian despotism and the absolutisms of the
Bourbon and Stuart dynasties. Yet Machiavelli was obsessed with the problem