Aaron Garrett Junior Seminar T 2-4

Rights, Natural Law and their Discontents Today we take both the division between politics and moral philosophy and the notion of rights for granted. That we do take both for granted is a legacy of modern natural law theory. This class will examine how modern notions of rights (natural, inalienable, acquired, external, etc.) were developed as part of the grand eclectic, synthesizing project of natural law theory, and then how in the eighteenth century the picture began to splinter due to new putative bearers of rights and new pressures. The seventeenth century saw the development and profusion of natural law theories organized around the concept of rights. The first part of the seminar will consider a representative sampling of these theories and examine both their content and how the theories and the theorists responded to their context, in particular to philosophical, religious, and territorial conflicts. Authors discussed will (or may) include Grotius, Pufendorf, Locke and (more problematically) Hobbes. In the second half of the course, we will look at some eighteenth-century philosophers (primarily British) who attempted: 1) to expand seventeenth-century natural law theories to accommodate the new political and social situations; 2) to criticize their philosophical justifications; and in some cases 3) to eradicate them entirely. In this context we will consider attempts to expand natural law theories to include animal rights, issues of race and abolition, and women's rights. Authors discussed will include Hutcheson, Hume, Smith, and Bentham. Finally we will end by considering some of the most powerful critics of standard rights theories in the wake of the French Revolution: Wollstonecrafts criticisms of the rights of man as excluding women, Godwin's attacks on marriage and private property, Benezets use of Hutcheson as backing abolition, and the radical Jacobin John Oswald's call for an animal revolution. Requirements: One presentation, one prospectus paper (10 pp.), and one term paper (20-25 pp.). The course is a research seminar. By this I understand that the reading schedule will be flexible as new interests emerge, and that a presentation of a reading to the seminar will be a component of the course. The paper/prospectus will be graded as one unit and count for 70% of the grade. The remainder with be class presentation (10%) and participation. No texts have been ordered for the course. Instead I will pass out a DVD-ROM with most of the texts available on it. The remaining texts will be available as handouts or online. Students are encouraged to order books that they find particularly compelling if they dont like reading online or they dont want to prematurely kill their printers, but it is not required. I will pass out a list of books and publishers at the first class and suggestions for where to order them. Nearly all the texts for the course are available at: http://www.constitution.org/liberlib.htm http://oll.libertyfund.org/ Office Hours: T 4-6 (or by appointment), Government 409 E-mail address: garrett@bu.edu

GENERALBACKGROUNDREADINGS Tim Hochstrasser, Natural Law Theories in the Early Enlightenment (Cambridge: CUP, 2000) T.J.Hochstrasser and P.Schrder (eds.), Natural Law Theories in the Early Enlightenment: Contexts and Strategies, (Kluwer: Dordrecht, 2003) Knud Haakonssen, Natural Law and Moral Philosophy (Cambridge: CUP, 1996) Richard Tuck, Natural Right Theories (Cambridge: CUP, 1981) ---, Philosophy and Government, 1572-1651 (Cambridge: CUP, 1993) SCHEDULE 9/18: Introduction Before Hohfeld 9/25: The Beginnings of Early Modern Natural Law Theory: Suarez, De Legibus (extract) and Grotius, De Jure Belli et Pacis 10/2: Enlightened Absolutism and Roles: Hobbes, De Cive (selections), Pufendorf, De Officio and Cicero, De Offices (selection) 10/9 Cancelled TO BE MADE UP 10/16: "The Westphalian Compromise": Pufendorf, De Officio and selections from On the Law of Nature and Nations 10/23: English Civil War Radicals: Leveler and Digger pamphlet literature 10/30: The Origins of British Natural Law Theory: Locke, Essay on Natural Law and Two Treatises on Government 11/6: Natural Rights and "particles of liberty": Locke Two Treatises on Government and Gershom Carmichael Natural Rights 11/13 "The Scottish Synthesis" and spectatorial theories of rights: Francis Hutcheson, Inquiry concerning Virtue, extracts from A System of Moral Philosophy and a brief extract from John Witherspoons Lectures on Moral Philosophy 11/20 Hume against contract and natural rights: Essays & History of England (selections) 11/27 Humean historical theories of rights: Adam Smith, Theory of Moral Sentiments, Wealth of Nations and Lectures on Jurisprudence (extracts) and John Millar, Ranks 12/4 Utilitarian criticisms of rights: Bentham, Principles of Morals and Legislation and Anarchical Fallacies (selections) 12/11 British French Revolutionary Radicals: Godwin, An Enquiry Concerning Political Justice and Mary Wollstonecraft, A Vindication of the Rights of Women (extracts) 12/17: Rousseau's animal specter: John Oswald, The Cry of Nature, Rousseau and Kant (handout) Make-up Class: Rights and Abolition George Wallace, A System of the Principle of the Law of Scotland (extract); Anthony Benezet, A Short Account of that Part of Africa, Inhabited by the Negroes; Granville Sharp, Extract from a Representation of the Injustice and Dangerous Tendency of Tolerating Slavery