Contests about natural law in early enlightenment Copenhagen (original) (raw)

This article discusses the works of the first two lecturers on natural law in Copenhagen, Henrik Weghorst and Christian Reitzer. Contrary to the existing scholarship which characterises their works as derivative of either Grotius or Pufendorf, the article argues that the character and significance of these works can only be grasped when understood in light of the local intellectual traditions on which they built. Seen against this background, it becomes clear that Weghorst and Reitzer developed significantly different theories of natural law, disagreeing on such fundamental issues as the definition of law, the moral good, and the role of sociality in natural law. Following a tradition of Christian natural law in Kiel, Weghorst developed a theory of natural law fundamentally critical of the secularising theories of Grotius and Pufendorf, while Reitzer followed Pufendorf and his disciple Christian Thomasius in Halle. The article concludes by indicating how Weghorst's and Reitzer's works established the framework for discussions of natural law in the first decades of the eighteenth century, suggesting the need for further research into the significance of natural law for the early enlightenment in Denmark-Norway.

Libertas philosophandi and natural law in early eighteenth century Denmark-Norway

Intellectual History Review, 2019

This is an uncorrected, pre-proof version. Please do not cite. Final version published in Intellectual History Review. This article examines the controversy surrounding Andreas Hojer, the future professor of natural law, and his youthful work on the non-prohibition of incestuous marriages by divine law that took place in 1719–1720 in Copenhagen. The article discusses manuscript sources from the theological faculty and central government to show how the controversy concerned not just Hojer's allegedly dangerous arguments but also embodied a heated debate about the liberty to discuss such matters in print. The controversy moreover reveals the significant presence of followers of Christian Thomasius in influential positions in Denmark in the decades around 1700. These Thomasians combined natural law with a strong criticism of the authority of orthodox theologians and, arguably the earliest and most radical, arguments for a wide-ranging liberty of thought, libertas philosophandi, in early modern Denmark. This was in turn met by proponents of a more conservative natural law supporting the theological authorities. The article concludes by discussing how Hojer and the controversy surrounding him illustrate the wider significance of Thomasian natural law for the intellectual culture, for freedom of thought, and for religious and legal reform in early eighteenth-century Denmark.

Natural Law Theories in the Early Enlightenment. By T. J. Hochstrasser. Cambridge: Cambridge University Press, 2000. 246p. $54.95

American Political Science Review, 2002

This detailed historical study focuses on Protestant natural law theories in the early German Enlightenment (explicitly excluding the French and British sectors) and traces their influence, or fate, through Kant. Despite its title, it is more than a specialist tome devoted to an historically isolable development, and it is not merely a subsidiary, underlaborer's attempt to recount the prehistory of Kant's achievement. Rather, by tracing several important background currents through the period concerned, Hochstrasser illuminates the odd historical fact that German enlighteners at the end of this span knew or thought so little of those at its beginning. The central topics are eclecticism; the so-called “histories of morality” that were part of its self-conscious legitimation method; the rationalism-voluntarism split in early modern natural law; and the associated distinction among moral philosophy (ethics), natural (positive) law, and international law (ius gentium) that devel...

"The Law Written on the Heart": Natural Law and Equity in Early Lutheran Thought

The Legal Teachings of the Protestant and Catholic Reformations, ed. Wim Dekock, 2014

This Article analyzes the transformation of Western legal philosophy in the sixteenth-century Lutheran Reformation, with a focus on the legal thought of theologian Martin Luther, moral philosopher Philip Melanchthon, and legal theorist Johann Oldendorp. Starting with Luther's two kingdoms theory, Melanchton developed an intricate theory of natural law based not only on the law written on the hearts of all persons, but also on the law rewritten in the Decalogue, whose two tables provided the founding principles of religious law and civil law respectively. Building on both Luther and Melanchthon, Oldendorp developed an original theory of equity and equitable law making and law enforcement as part of a broader biblical-based theory of natural law. Together these writers, laid the foundations for a new legal, political, and social theory which dominated Lutheran Germany and Scandinavia for the next three centuries.

NATURAL LAW IN THE REFORMED TRADITION

Christianity and Natural Law an introduction, 2017

More than 80 million Christians in 108 countries around the world belong to churches of the Reformed tradition. The World Communion of Reformed Churches (WCRC) consists of some 230 Reformed, Presbyterian, Congregational and United churches. However, these do not have a single understanding of natural law or of its implications for church polity. As such, one should be cautious in speaking of a Reformed tradition on a contentious issue like natural law. Therefore, this chapter examines those positions which embrace natural law wholeheartedly as well as those which do not. Indeed, when I told my colleagues about my involvement in a project about the Reformed understanding of natural law, and its place in church polity, this was met with a considerable degree of skepticism. This chapter provides an overview of the key historical and contemporary features of the natural law outlook as it appears in Reformed teaching, tradition and church order (and in church order scholarship).

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