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The Essential Rothbard - Ludwig von Mises Institute

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<strong>The</strong> <strong>Essential</strong> <strong>Rothbard</strong> 65<br />

is at once a factual statement and a value judgment? So <strong>Rothbard</strong><br />

maintained; the influential English philosopher Philippa Foot has<br />

also defended this position in her Natural Goodness. 171<br />

Though <strong>Rothbard</strong> and Strauss were here allied, they soon<br />

diverged. Strauss contrasted natural and medieval natural law with<br />

“modern” natural law, culminating in the thought of John Locke,<br />

to the distinct disadvantage of the latter. As Strauss saw matters,<br />

Machiavelli and Hobbes abandoned the classical pursuit of virtue.<br />

Instead, they founded political philosophy on passion and selfinterest.<br />

Locke, despite his professed adherence to natural law, was<br />

a secret Hobbesian; he perverted true natural law. Strauss’s antipathy<br />

to individualism, by the way, should not surprise us. As was<br />

often the case, Strauss followed the thought of his much-admired<br />

friend, the English socialist historian R.H. Tawney. 172<br />

<strong>Rothbard</strong> left no doubt about his view of this interpretation:<br />

Strauss, while favoring what he considers to be the classical<br />

and Christian concepts of natural law, is bitterly opposed to<br />

the 17th and 18th century conceptions of Locke and the<br />

rationalists, particularly to their “abstract,” “deductive,”<br />

championing of the natural rights of the individual: liberty,<br />

property, etc. In this reading, Hobbes and Locke are the<br />

great villains in the alleged perversion of natural law. To my<br />

mind, this “perversion” was a healthy sharpening and developing<br />

of the concept. 173<br />

<strong>Rothbard</strong> has the better of the argument, if one takes account<br />

of the major study of Brian Tierney, <strong>The</strong> Idea of Natural Rights. 174<br />

As Modugno notes,<br />

171 Philippa Foot, Natural Goodness (Oxford University Press, 2001).<br />

172 See Simon J.D. Green, “<strong>The</strong> Tawney-Strauss Connection: On<br />

Historicism and Values in the History of Political Ideas,” Journal of<br />

Modern History 67 (June 1995): 255–77.<br />

173 <strong>Rothbard</strong> Papers; Modugno, ed, Diritto, natura e ragione, p. 114.<br />

174 Brian Tierney, <strong>The</strong> Idea of Natural Rights: Studies on Natural Rights,<br />

Natural Law, and Church Law 1150–1625 (Atlanta: Scholars Press, 1997).

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