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Acknowledgements I would like to thank my committee: Professor Edwards for his extensive and detailed comments, and for suggestions that greatly improved the dissertation. Professor Baum for the many supererogatory discussion sessions. Professor de Laurentiis especially for her timely and encouraging e-mails, and Professor Miller for his attention and compliments. I owe a lot to each also for their great teaching and scholarly example. I am thankful for the wealth of support, learning, and fun I gained from friends and fellow graduate students at <strong>Stony</strong> <strong>Brook</strong> and in Germany, especially Peter Fristedt, Senem Saner, Mango Meier, Cynthia Paccacerqua, Adam Wilkins, Chris Kaposy, and Joachim Horvath. Special thanks to Jennifer Matey for keeping me company long distance. Much thanks to my family for their support and encouragement. Thanks also to the Leibniz Forschungsstelle in Münster for guidance and access to some key texts. Finally I must acknowledge that without the funding of the Transatlantic Collegium and the DAAD, I would not have had the time to take so long to work on this project.
CHAPTER ONE: SUBJECTIVE RIGHT AND THE SCIENCE OF JURISPRUDENCE IN THE NOVA METHODUS. Chapter sections: 1. Introduction 2. General remarks on Parts I and II of the Nova Methodus 3. The “New Method” of Jurisprudence and its definitions: jus and obligatio 4. Derivation of the three precepts of natural right 5. Summary and conclusion Section 1: Introduction I begin my dissertation with an analysis of one of Leibniz’s earliest works: Nova Methodus Discendae Docendaeque Jurisprudentiae (1667). 1 This work contains his first comprehensive conception of the “science of jurisprudence.” As will be seen, this science encompasses the theoretical foundations of natural right (jus). This work is crucial for a proper understanding of Leibniz’s practical philosophy, for three main reasons: (1) nowhere else are these foundations as systematically defined; (2) the basic theses established here remain essentially unchanged throughout Leibniz’s career; 2 (3) this work remains largely ignored by most Leibniz commentators. 3 Thus, the Nova Methodus is not to be dismissed as an early, immature work, supplanted by later developments, but recognized as the foundation and integral part of Leibniz’s entire practical philosophy. Leibniz wrote this work at the age of 21 with the aim of securing a position on the court of the Elector of Mainz (John Phillip of Schönborn); but his aim for the work itself was to systematize the whole unsystematic, unwieldy (historically derived and confused) field of jurisprudence. The result of the work was not only a position on the Court, but an appointment to revise the legal code. This appointment led to his writing a series of drafts the following year called Elementa Juris Naturalis (1668). 4 I will examine the Elementa 1 New Method for Learning and Teaching Jurisprudence. All quotations of Leibniz’s Latin are from the Akademie Edition, Sechste Reihe, Erster Band. Except for translations from Part I, which are Loemker’s (some of which I have emended) all translations are mine. However, I rely heavily on Hubertus Busche’s Lateinisch-Deutsch edition of Gottfried Wilhelm Leibniz: Frühe Schriften zum Naturrecht. It should be noted that very little of Part II, has ever been translated into English, yet it contains by far the most important passages, especially §§ 13-19, which are translated here for the first time. 2 Much later, in 1697-1700, Leibniz made a series of revision notes to the Nova Methodus, which are included as footnotes in the Akademie edition. While the notes provide some important clarifications (some of which I indicate throughout), they propose no essential changes. As Busche (2003) reports, quoting R. Kahn’s Die Grundbegriffe der Philosophie Leibnizens (1909), “zwischen den juristischen Schriften der Jugendzeit und denen der späteren Periode in den Hauptpunkten keinen wesentlichen Unterschied gibt” (Busche, Einleitung XXXVI). Leibniz occasionally mentioned his intention to revise and publish the Nova Methodus. Interestingly, after his death, an open copy of the Nova Methodus was reportedly found on Leibniz’s writing desk (Schneider p. 50). 3 The only extended works on Leibniz’s practical philosophy, in English, are Hostler (1975) and Riley (1996). Major works in French are Grua (1953) and (1956), and Sève (1989); in German: Schneider, Hans- Peter (1967), Heinkamp (1969), and Schiedermair (1970). In each of these works the Nova Methodus receives only passing discussion, if it is mentioned at all. A few notable articles, e.g., Schneiders (1966) and Mulvaney (1968) discuss the work somewhat. Mulvaney completely ignores the all-important sections on definitions (e.g., of jus and obligatio, seen below), as have all English commentators before and since. 4 This is according to Loemker’s introduction, p. 85. 1
Page 1 and 2: Stony Brook University The official
Page 3 and 4: Copyright by Christopher Lowell Joh
Page 5 and 6: Abstract of the Dissertation The Sc
Page 7 and 8: The more power he has, the less lic
Page 9 and 10: Section 1: Introduction............
Page 11: show, however, that pleasure and lo
Page 15 and 16: By a plan for studies we mean a cer
Page 17 and 18: that for Leibniz the science of jur
Page 19 and 20: of these sources. In (1) the ground
Page 21 and 22: etween “fact” on one hand and
Page 23 and 24: however ‘public utility’ is def
Page 25 and 26: Grotius’ two significations of
Page 27 and 28: obligatio. That is, conceptually sp
Page 29 and 30: one’s own body; furthermore, give
Page 31 and 32: words, the sense in which God is su
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Page 35 and 36: qualities are the ground of public
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Page 39 and 40: Beginning with jus strictum or what
Page 41 and 42: proportion to contribution, this is
Page 43 and 44: of equity. 117 Nevertheless, it app
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Page 47 and 48: eward or fear of punishment, nor si
Page 49 and 50: eflecting God’s perfection as muc
Page 51 and 52: second degrees. As a precept of pie
Page 53 and 54: of a set of prudential instructions
Page 55 and 56: In Drafts 5 and 6 Leibniz then appl
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Page 61 and 62: To see how this passage implies pru
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establishes three important positio
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Justice must (and will always) invo
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y making the “deduction” that t
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Leibniz also seems to think that th
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[determine] the truth of propositio
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Prudence, furthermore, cannot be se
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Once again, as was to be shown, dut
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own and other good. The first defin
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of the matter. The main considerati
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of any other good, even if pleasure
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failing to recognize that pleasure
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another. Leibniz’s “epagogic”
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of right. Since right is the moral
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critical diligence to his definitio
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constant, I say, not that it may no
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mode of right have different truth
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the four types of statements of the
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accommodates this principle in the
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overcome the heart, as the Germans
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(1). “A Person is one who (2) lov
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state, but in being unimpeded from
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the Meditation Leibniz says that th
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will be tacitly understood. Because
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probability of an action occurring
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perceive and direct the harmonious
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However, it ought to be recognized
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CHAPTER THREE: THE MIDDLE PERIOD: I
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deductive system of natural right.
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It appears that the “modes of rig
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The just—or permitted, forbidden,
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is the right from which humans act,
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normative character they must be un
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Precepts of Right (Leibniz, Digest)
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This passage is quite important and
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and penalties” but rather are abl
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of the three degrees in the same te
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It is interesting that Leibniz defi
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And since charity is the habit of l
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has also influenced the prevailing
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What must not be overlooked is that
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the wise, and many other things bes
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degrees is to be found in the sourc
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dealings, except when an important
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sacrifice our own happiness for the
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CHAPTER FOUR: LEIBNIZ’S DEMONSTRA
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terms used frequently throughout th
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these distinctions in demonstration
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It is important to state the distin
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Section 3. Demonstration in general
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that Leibniz has used for various p
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necessary truths, but are contingen
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defines definition in the following
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Another example of the difference i
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It will be further asked what the g
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possible; but this does not show th
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Leibniz’s argument is this: To ma
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notion of probability, which they h
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quasi-platonic essences (residing i
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arguments on innateness, we discove
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manifest proofs that they are not i
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in mathematics, the measures of rig
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egulating our practice. (E 1.2.3) I
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senses what joy and sorrow are. (NE
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follows where we left off on page 8
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As Leibniz has argued similarly in
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It is not quite clear what he means
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just because a principle is not kno
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not have distinct knowledge of its
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actions and the goodness or evil th
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Essais. These sources, as he says t
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Leibniz cites a number of instincts
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our passions and our present concer
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The ordinary use of the word ‘pro
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state, constitute [natural right];
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ecognizes how the senses can obscur
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proposition; rather, possessing a v
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CHAPTER SIX: MONITA AND MEDITATION:
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committing crimes with impunity. Ul
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In the science of [right], rather,
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i.e., that she is the author of her
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sufficient to establish the obligat
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This notion of “complaint” will
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It is agreed that whatever God will
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terminology, Leibniz holds that nat
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different matter, but if it [occurs
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need of help, and another who easil
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‘equality,’ considered as “co
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such a way that no one has a reason
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excused from showing benevolence to
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this. In any case, the real problem
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This means that the slave should be
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its efficient cause in the divine i
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a degree is it repugnant to reason
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external principle that compels God
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again at last to the Ciceronian for
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as equity; justice as love) were de
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CHAPTER SEVEN: NECESSITY, OBLIGATIO
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Thus in the Theodicy Leibniz uses m
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incapable of demonstrations. A scie
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Furthermore, we must not forget tha
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perceived to be the good. 24 Howeve
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Several points are notable here: Fi
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find the eternal rules of goodness
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Accordingly, the perfection of the
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an account of virtue. This shows, o
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H Hobbes, Thomas. 1651. Leviathan.
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Studia Leibniziana. Band 22. vol.2.
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Reiner, Hans. 1977. “Die Goldene
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