Simple esteem and the method of commonplaces in Pufendorf

Abstract

ABSTRACT In his discussion of simple esteem—one of the moral entities meant to regulate human actions—Pufendorf invokes a juridical commonplace: the rule that, before evidence to the contrary, we should presume others to be good. This argumentative strategy is an illuminating example for understanding his method of commonplaces. The present paper has three goals: (1) to analyze how Pufendorf adopted from legal humanism the view that presumptions should be based on considerations of what comes about most easily in nature; (2) to show that Pufendorf’s inclusion of ethical aspects in the juridical presumption of goodness is an application of this view of forming presumptions; (3) to argue that Pufendorf did not regard juridical and philosophical commonplaces as expressions of a particular stage of intellectual history but rather as the result of reflection about human needs and abilities.