Is Politics Insoluble?
Is Politics Insoluble?
Is Politics Insoluble?
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The Case for the Minimal State I 59<br />
human action. But this is something quite different from "nat-<br />
ural laws'* that are supposed to prescribe how men should con-<br />
duct themselves.<br />
A Nebulous Concept<br />
The central difficulty with Natural Law is that no two of<br />
its votaries seem to have been able to agree regarding pre-<br />
cisely what it enjoins. For Aristotle it sanctioned the subordi-<br />
nation of women to men and of slaves to Athenian citizens.<br />
For the Stoics it prescribed equalitarianism. For many it<br />
meant the plain dictates of "right reason," though nobody<br />
could quite agree regarding what right reason prescribed. For<br />
others it meant the "divine will," with even more disagree-<br />
ment regarding what this commanded. Still others derived<br />
Natural Law from the law that existed in a "state of nature."<br />
But for some this meant savagery and for others a sort of Gar-<br />
den of Eden. According to the Declaration of Independence<br />
"the Laws of Nature" made certain "unalienable" rights "self-<br />
evident."<br />
Finally, Jeremy Bentham, toward the end of the<br />
eighteenth century, was moved to exclaim that Natural Law<br />
was "nonsense on stilts." In his Principles of Morals and Leg-<br />
islation (1780), he wrote (Chapter 2):<br />
A great multitude of people are continually talking<br />
of the Law of Nature; and then they go on giving you<br />
their sentiments about what is right and what is<br />
wrong: and these sentiments, you are to understand,<br />
are so many chapters and sections of the Law of<br />
Nature.<br />
This is not too unfair a description of those who are trying<br />
to revive the doctrine of Natural Law even today They try to