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2 - Modern Natural Law

Revolutionaries and Republicans

Published online by Cambridge University Press:  05 April 2019

Andrew Forsyth
Affiliation:
Yale University, Connecticut
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Summary

By the mid-eighteenth century, the college curriculum gained a new emphasis: reason alone was sufficient for true knowledge. Reason took priority over revelation, even as reason was used to offer arguments for the veracity of God’s law. Still, the intellectual worlds of Puritans and Revolutionaries alike held to the unity of the truth: the universe was orderly, even divinely ruled, with human knowledge promising an ever-expanding vision of the various laws governing the universe. Scholarly treatments of the Revolutionary period and, particularly, the Moral Philosophy course often occlude colleges’ relationship to the study of law. By equating natural law solely with its modern form, some scholars herald the Moral Philosophy course as the beginning of natural-law reflection in the America, thereby cutting off continuities with the colonial colleges. Others, by accepting the twentieth-century consensus on the nature of law, anachronistically split ethics from politics and law. Both accounts are incomplete, if not entirely mistaken. From their colonial roots through the Revolution, American colleges taught law. They did not often teach the details of common-law rules, at least before the establishment of college law professorships yet neither was the study of law separated from the practicalities of the moral life or government. Through their continued adherence to natural law—however changed in its details through the years—American colleges provided the intellectual tools for future leaders to justify, even critique, law and government. Morality and law were commensurable ideas. For most Americans, indeed, both remained equally God’s law.
Type
Chapter
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Common Law and Natural Law in America
From the Puritans to the Legal Realists
, pp. 24 - 45
Publisher: Cambridge University Press
Print publication year: 2019

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  • Modern Natural Law
  • Andrew Forsyth, Yale University, Connecticut
  • Book: Common Law and Natural Law in America
  • Online publication: 05 April 2019
  • Chapter DOI: https://doi.org/10.1017/9781108576772.003
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  • Modern Natural Law
  • Andrew Forsyth, Yale University, Connecticut
  • Book: Common Law and Natural Law in America
  • Online publication: 05 April 2019
  • Chapter DOI: https://doi.org/10.1017/9781108576772.003
Available formats
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To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Modern Natural Law
  • Andrew Forsyth, Yale University, Connecticut
  • Book: Common Law and Natural Law in America
  • Online publication: 05 April 2019
  • Chapter DOI: https://doi.org/10.1017/9781108576772.003
Available formats
×