Natural Law: Reflections On Theory & Practice

by Jacques Maritain, William Sweet (Editor)

Can there be universal moral principles in a culturally and religiously diverse world? Are such principles provided by a theory of natural law? Jacques response to both questions is "yes". These essays, selected from the writings of one of the most influential philosophers of the past hundred years, provide a clear statement of Maritain's theory of natural law and natural rights. Maritain's ethics and political philosophy occupies a middle ground between the extremes of individualism and collectivism. Written during a period when cultural diversity and pluralism were beginning to have an impact on ethics and politics, these essays provide a defense of natural law and natural right that continues to be timely. The first essay introduces Maritain's theory of connatural knowledge -- knowledge by inclination -- that lies at the basis of his distinctive views on moral philosophy, aesthetics, and mystical belief. The second essay gives Maritain's principal metaphysical arguments for natural law as well as his account of how that law can be naturally known and universally held. The third essay in this collection explains the roots of the natural law and shows how it provides a rational foundation for other kinds of law and for human rights. In the fourth essay, reflecting his personalism and integral humanism, Maritain indicates how he extends his understanding of human rights to include the rights of the civic and of the social or working person.

Genres: Philosophy, Nonfiction, Theology

112 pages, Paperback

First published April 1, 2001

About the author

T. S. Eliot once called Jacques Maritain "the most conspicuous figure and probably the most powerful force in contemporary philosophy." His wife and devoted intellectual companion, Raissa Maritain, was of Jewish descent but joined the Catholic church with him in 1906. Maritain studied under Henri Bergson but was dissatisfied with his teacher's philosophy, eventually finding certainty in the system of St. Thomas Aquinas. He lectured widely in Europe and in North and South America, and lived and taught in New York during World War II. Appointed French ambassador to the Vatican in 1945, he resigned in 1948 to teach philosophy at Princeton University, where he remained until his retirement in 1953. He was prominent in the Catholic intellectual resurgence, with a keen perception of modern French literature. Although Maritain regarded metaphysics as central to civilization and metaphysically his position was Thomism, he took full measure of the intellectual currents of his time and articulated a resilient and vital Thomism, applying the principles of scholasticism to contemporary issues. In 1963, Maritain was honored by the French literary world with the national Grand Prize for letters. He learned of the award at his retreat in a small monastery near Toulouse where he had been living in ascetic retirement for some years. In 1967, the publication of "The Peasant of the Garonne" disturbed the French Roman Catholic world. In it, Maritain attacked the "neo-modernism" that he had seen developing in the church in recent decades, especially since the Second Vatican Council. According to Jaroslav Pelikan, writing in the Saturday Review of Literature, "He laments that in avant-garde Roman Catholic theology today he can 'read nothing about the redeeming sacrifice or the merits of the Passion.' In his interpretation, the whole of the Christian tradition has identified redemption with the sacrifice of the cross. But now, all of that is being discarded, along with the idea of hell, the doctrine of creation out of nothing, the infancy narratives of the Gospels, and belief in the immortality of the human soul." Maritain's wife, Raissa, also distinguished herself as a philosophical author and poet. The project of publishing Oeuvres Completes of Jacques and Raissa Maritain has been in progress since 1982, with seven volumes now in print.

Reviews

[Ian Clary · Rating 4 out of 5]

This isn't a 'book' written by Maritain per se, but rather a collection of his articles or chapters, supplemented by some of his other published writings, dealing with natural law. William Sweet, the editor, provides a (very) brief introduction to Maritain's natural law theory and offers some footnote explanations of some background issues, but for the most part, this is straight Maritain.
What's especially helpful about this book is not just Maritain's discussions on the nature of human knowing, connaturality, inclination, or the relationship between natural law and natural rights, but because Martian (whose thought is behind the United Nations Declaration of Human Rights) offers some very specific applications of the natural law in society at the end of the book. Here he shows how rights like the freedoms of speech and assembly are grounded in nature, as are the rights of the private individual, the worker, etc. Though the discussions are relatively brief, they are instructive and give going pointers for going deeper. He provides a veritable list of the variety of rights that we have as drawn from nature.
If you're interested in the various expressions of natural law theory, you can't go wrong reading this.

[Amanda Mekdessi · Rating 5 out of 5]

Natural Law: Reflections On Theory & Practice is a brilliant text that I find myself constantly returning to. The insights within are timeless, and every time I revisit it, I uncover new layers of understanding. The balance of theory and practical application makes it not only intellectually stimulating but also highly relevant in everyday life.
This book has had a lasting impact on my thinking, and I find myself referring back to it regularly for both personal reflection and deeper study. It’s one of those rare works that continues to resonate and inspire long after the first read.

If you’re interested in philosophy, ethics, or practical wisdom, this text is an absolute must-read.

[Rick · Rating 4 out of 5]

This is a good discussion of natural law and natural rights, with excellent sections on individualism and community.

[Negru Vlad · Rating 3 out of 5]

ceva ceva e

[Brett Williams · Rating 3 out of 5]

Valuable insights, stronger without religious reference

Jacques Maritain (1882-1973) was a 20th century philosopher with deep interest in Thomas Aquinas (1225-1274). The UN convened Maritain, Robert Oppenheimer, et. al. in 1948 to create the Universal Declaration of Human Rights. The goal of this book is to carve out a space for Natural Law responsible for and dictating human morality, doing so outside conceptualizations of a skeptical age that has dismissed it. To do this Maritain argues for “connatural” knowledge, something like inclination, intuition, or faith though he doesn’t use this word. Similar to Michael Polanyi’s Personal Knowledge theory without Polanyi’s rigorous definition of its source. Natural Law links to human nature through connaturallity, placing both outside “scientific” characterization. Connatural knowledge is gained by a life of moral learning, revealed over time which allows for errors, potentially perverted by history or culture. This does not make Natural Law an historical accident or mere social preference (postmodernism) any more than addition errors prove arithmetic invalid, says Maritain. Like athletes who train on details at first uncoordinated, practice leads to instinctive execution. Likewise, behavior of virtuous people need not consult their philosophy for rational determinations of right and wrong. As a musical instrument is bound by rules for proper play, so too for humans, as Natural Law is based on human nature. Excel at those rules, the instrument makes music. Using a violin to dig a ditch violates its rules of action and destroys it. While Natural Law for the ancients and Medievals emphasized obligation, not rights, Maritain argues rights are another product of Natural Law revealed over time. But today, he notes,“we conceive rights as divine in themselves, hence infinite, escaping every objective measure, denying limitation…with our tendency to inflate and make absolute.” Injecting Maritain’s religious belief weakens his argument. “Only when the Gospel penetrates to the depth of human substance,” he writes, “will Natural Law appear in its perfection.” Non-Christians may remain unconvinced that Maritain’s is a universal theory.

[Keri · Rating 5 out of 5]

“...the State has the right to punish me if, my conscience being blind, I follow my conscience and commit an act in itself criminal or unlawful. But in like circumstances the State has not the authority to make me reform the judgement of my conscience, any more than it has the power of imposing upon intellects its own judgement of good and evil...The State knows it well. And that’s why, whenever it goes beyond its natural limits, in the name of some totalitarian pretension, and enters into the sanctuary of the conscience, it strives to violate the sanctuary by monstrous means of psychological poisoning, organised lies and terror.” (P.77)

[Ryan · Rating 3 out of 5]

A nice little work and on natural law and rights.