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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

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