In your opinions what are the very best works concerning natural law theory? I’m looking for the best classical and modern text dealing with natural law that are out there. My reading on this vital subject is very limited (to Rothbard’s The Ethics of Liberty) and would like to expand my knowledge of it.
Locke’s 2nd Treatise and Leviathan by Hobbes are Classics, although Hobbes is not anything close to liberty, and rather difficult to understand in 17th century English
Roderick T. Long, The Nature of Law, especially Part 4
Rodericks contribution is very good I think. I happpen to like this peice of work by Lysander Spooner. I have read some stuff by Finnis, and I have to say it was largely disapointing…
There’s a lot of good stuff by Henry Veatch.
Speaking of Spooner and Roderick, check out his essay on Spooner and my commentary on his essay.
just read your commentary, will read the paper tommorow. thanks!
do you know of a place where once can find a complete list or digital copy of all of spooners works on natural law?
Other than www.lysanderspooner.org? Nope. Most or all of his major works should be on there.
Bentham’s Anarchical Fallacies (http://www.law.georgetown.edu/Faculty/lpw/documents/Bentham_Anarchical_Fallacies.pdf) should be on any natural law reading list. Although he focuses on the French Revolution’s Declaration of Rights, his commentary is more widely applicable.
You can’t understand Natural Law without reviewing Acquinas. GK Chesterton’s commentary on Acquinas is a great place to start.
I also want to give a second opinion on Finnis - his basic principles are cutting edge. I might avoid Natural Law and Natural Rights, as I don’t think he applies his own first principles properly. Take a look at his academic book on Thomas Acquinas, which I believe is just called “Acquinas.” While his natural law theory has a subjectivism that makes people uncomfortable, his theory does not require an outright rejection of the “realism” school of natural law.
Honestly, I think the next great natural law work will take Finnis’ “basic goods” and theory on the structure of the human mind and marry them to the more traditional thinking on man’s ability to comprehend reality “as such.” Murray Rothbard’s “broadly empirical” a priori natural law position in the Structure of LIberty is nearly identical to the way Finnis describes practical reason. Finnis’ major flaw is misapplying his principles to property rights – but this is a flaw of theoretical application, not a flaw in the theory.
Albeit anything but a libertarian treatise, it would not be a complete waste of your time and energy to read Hadley Arkes’ First Things. I just recently finished up a course with Arkes at Amherst College, for which this book was the primary text. I’ve found that to really begin to delve into natural law, it is often wise to read the writings of those philosophers with whom you will probably not agree, then reason against the writer as you read. Or at least that’s my preference. Arkes’ book is perfect for such an endeavor; you will have much to object to, I imagine.