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Heineccius's theory of natural law was in many ways an independent development situated both temporally and philosophically between the earlier natural law tradition of Samuel Pufendorf and Christian Thomasius, and the later theories of Christian Wolff, writes co-editor Peter Schroder. "While Heineccius was influenced by Pufendorf, and to a lesser extent by Thomasius, his natural law theory differs in various crucial aspects. Most importantly, Heineccius did not derive the law of nature from human qualities or human nature, as Pufendorf attempted with his concept of sociability. Heineccius thought that the law of nature was entirely derived from the will of God." Heineccius's "Methodical System" was first printed in 1737. George Turnbull's translation of 1742 was one of the first to be made and was issued twice. Turnbull (1698-1748) was a key figure in the Scottish Enlightenment. His extensive commentaries on the text present a comprehensive overview of the sophisticated and wide-ranging European discourse on natural law, while his appended "Discourse" is a work of independent importance in moral thought.
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a m e t h o d i c a l s y s t e m o f u n i v e r s a l l a w: o r, t h e l a w s o f n a t u r e a n d n a t i o n s, with supplements and a discourse by george turnbull
natural law and enlightenment classics Knud Haakonssen General Editor
Johann Gottlieb Heineccius
uuuuuuuuuuuuuuuuuuuu i i i i i i i i natural law and i i enlightenment classics i i i i i i i i i i i i i i i i Or, the Laws of Nature and i i i i Nations, with Supplements i i and a Discourse i i i i by George Turnbull i i i i Johann Gottlieb Heineccius i i i i i i i i i Translated from the Latin by George Turnbull i i i Edited and with an Introduction by i i Thomas Ahnert and Peter Schro¨der i i i i i i i i i i i i liberty fund i i Indianapolis i i i i i i i i uuuuuuuuuuuuuuuuuuuu
A Methodical System of Universal Law:
This book is published by Liberty Fund, Inc., a foundation established to encourage study of the ideal of a society of free and responsible individuals.
The cuneiform inscription that serves as our logo and as the design motif for our endpapers is the earliest-known written appearance of the word “freedom” (amagi ), or “liberty.” It is taken from a clay document written about 2300 b.c. in the Sumerian city-state of Lagash. Introduction, annotations, bibliography, index 䉷 2008 by Liberty Fund, Inc. All rights reserved Printed in the United States of America c 1 2 3 4 5 6 7 8 9 10 p 1 2 3 4 5 6 7 8 9 10 Frontispiece: Copper engraving of Johann Gottlieb Heineccius by Martin Berningeroth (1732). Reproduced courtesy of Universita¨ts- und Landesbibliothek Sachsen-Anhalt in Halle (Saale). Library of Congress Cataloging-in-Publication Data Heineccius, Johann Gottlieb, 1681–1741. A methodical system of universal law: or, The laws of nature and nations: with supplements and a discourse/by Johann Gottlieb Heineccius, George Turnbull; translated from the Latin by George Turnbull; edited and with an introduction by Thomas Ahnert and Peter Schro¨der. v. cm.—(Natural law and enlightenment classics) Originally published: London, Printed for G. Keith [etc.], 1763. Includes bibliographical references and index. Contents: v. 1. Of the law of nature—v. 2. Of the law of nations. i s b n -13: 978-0-86597-478-4 (hb: alk. paper) i s b n -13: 0-86597-479-1 (pbk.: alk. paper) 1. Natural law—Early works to 1800. 2. Natural law. 3. International law. I. Turnbull, George, 1698–1748. II. Ahnert, Thomas. III. Schro¨der, Peter. IV. Title. V. Title: Methodical system of universal law. VI. Title: Law of nature and nations. k z 2314.a 3h 45 2008 340⬘.112—dc22 2007031757 liberty fund, inc. 8335 Allison Pointe Trail, Suite 300 Indianapolis, Indiana 46250-1684
contents Introduction
ix
A Note on