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Stony Brook University The Graduate School Christopher Lowell Johns We, the dissertation committee for the above candidate for the Doctor of Philosophy degree, hereby recommend acceptance of this dissertation. Jeffrey B. Edwards (Dissertation Advisor) Associate Professor Department of Philosophy Allegra de Laurentiis (Chairperson of the Defense) Associate Professor Department of Philosophy Clyde Lee Miller (Department Reader) Professor Department of Philosophy Manfred Baum (Outside Reader) Professor of Philosophy Bergische Universität Wuppertal This dissertation is accepted by the Graduate School Lawrence Martin Dean of the Graduate School ii
Abstract of the Dissertation The Science of Right in Leibniz’s Practical Philosophy by Christopher Lowell Johns Doctor of Philosophy in Philosophy Stony Brook University 2007 This dissertation examines a neglected area of Leibniz’s philosophy, namely, natural right (jus). Contrary to prevailing views, I argue that his “science of right” is nothing less than the theoretical foundation of his moral/practical philosophy. In contemporary terms, Leibniz’s conception of right may be called “subjective right,” and is informed by a variety of sources, most dominantly Aristotle and Roman Law. His practical philosophy is motivated generally by two main concerns: (1) to establish the moral limitations on power, whether natural, political, or divine power; (2) to reconcile utilitas (conceived as the good for oneself) with honestas (conceived as the good for others). The resolution to these problems lies in Leibniz’s a priori “science” of right. A key feature of this science is Leibniz’s demonstrative method, according to which right is the moral power (potentia moralis) and obligation is the moral necessity of a person (substantia rationalis) to perform and to demand what is just. On this deontic basis Leibniz “derives” additional founding principles, such as the three precepts of right (harm no one, give to each his due, and live honorably) and justice as “charity of the wise.” Most treatments of Leibniz’s practical philosophy focus on the requirements of pleasure, happiness, love, divine retribution, metaphysical perfection, or on the compatibility of divine freedom with an optimum world. However, I argue that the these requirements, including caritas sapientis, fundamentally depend on his science of right as their normative foundation. On the most basic level, right is the self-limiting freedom and necessity of a moral agent. On the broadest level it implies a perfectionist virtue ethics. I support these claims through a detailed examination of Leibniz’s most important writings on natural right, from earliest to latest (1666-1706). I aim to determine the philosophical basis for his arguments and to understand and evaluate them in relation to their historical context. The relevant commentary is also engaged. Overall, the dissertation shows that Leibniz’s “science of right” provides complex and well-grounded responses to foundational moral issues of considerable historical and contemporary relevance. iii
Page 1 and 2: Stony Brook University The official
Page 3: Copyright by Christopher Lowell Joh
Page 7 and 8: The more power he has, the less lic
Page 9 and 10: Section 1: Introduction............
Page 11 and 12: show, however, that pleasure and lo
Page 13 and 14: CHAPTER ONE: SUBJECTIVE RIGHT AND T
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
Page 33 and 34: ight of war and punishment to the S
Page 35 and 36: qualities are the ground of public
Page 37 and 38: what conforms to the best or perfec
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
Page 45 and 46: agrees with the distinction between
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
Page 57 and 58:
egulated. As we will eventually see
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advantage connected with the disadv
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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
Page 97 and 98:
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.
Page 119 and 120:
It appears that the “modes of rig
Page 121 and 122:
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
Page 273 and 274:
H Hobbes, Thomas. 1651. Leviathan.
Page 275 and 276:
Studia Leibniziana. Band 22. vol.2.
Page 277 and 278:
Reiner, Hans. 1977. “Die Goldene
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