Abstract

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.

Highlights

  • This paper deals with the relationship between natural law and civil law in John Locke’s philosophy

  • 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

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Summary

Introduction

This paper deals with the relationship between natural law and civil law in John Locke’s philosophy.

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