Natural Law And Civil Law in John Locke

Aufklärung

Gustavo Hessmann Dalaqua¹ 

[1] Doutorando em Filosofia pela UFPR;

关键词: John Locke;    lei natural;    lei civil;    liberdade;    republicanismo;   

DOI  :  10.18012/arf.2016.21184

来源: DOAJ

【 摘 要 】

This paper deals with the relationship between natural law and civil law in John Locke’s philosophy. Although renowned scholars have claimed that such a relationship is deductive, this paper will try to show a different interpretation and argue that the relationship between civil law and natural law is one of determination. Far from being a mere deduction of an immutable natural law, civil law plays a determinative role in natural law. As we shall see, this interpretation highlights something that Locke held in high regard: the deliberative character of natural law. Citizens’ deliberation in the legislature to some extent creates natural law. Citizens are thus free to determine the law, and participating in such a determination is crucial to their political liberty. In this sense, as we shall explain, Locke’s political liberty is akin to republicanism.

【 授权许可】

Unknown