Natural Law And Civil Sovereignty: Moral Right And State Authority In Early Modern Political Thought

Natural Law and Civil Sovereignty Moral Right and State Authority in Early Modern Political Thought Edited by Ian Hunter and David Saunders Natural Law and Civil Sovereignty Natural Law and Civil Sovereignty Moral Right and State Authority in Early Modern Political Thought Edited by Ian Hunter Centre for the History of European Discourses University of Queensland St Lucia Australia and David Saunders Faculty of Arts Griffith University Nathan Australia Selection and editorial matter © Ian Hunter and David Saunders 2002; Introduction and Chapters 1–15 © Palgrave Macmillan Ltd 2002 All rights reserved. No reproduction, copy or transmission of this publication may be made without written permission. No paragraph of this publication may be reproduced, copied or transmitted save with written permission or in accordance with the provisions of the Copyright, Designs and Patents Act 1988, or under the terms of any licence permitting limited copying issued by the Copyright Licensing Agency, 90 Tottenham Court Road, London W1T 4LP. Any person who does any unauthorised act in relation to this publication may be liable to criminal prosecution and civil claims for damages. The authors have asserted their rights to be identified as the authors of this work in accordance with the Copyright, Designs and Patents Act 1988. First published 2002 by PALGRAVE MACMILLAN Houndmills, Basingstoke, Hampshire RG21 6XS and 175 Fifth Avenue, New York, N.Y. 10010 Companies and representatives throughout the world PALGRAVE MACMILLAN is the new global academic imprint of the Palgrave Macmillan division of St. Martin’s Press, LLC and of Palgrave Macmillan Ltd. Macmillan® is a registered trademark in the United States, United Kingdom and other countries. Palgrave is a registered trademark in the European Union and other countries. ISBN 0–333–96459–4 This book is printed on paper suitable for recycling and made from fully managed and sustained forest sources. A catalogue record for this book is available from the British Library. Library of Congress Cataloging-in-Publication Data Natural law and civil sovereignty : moral right and state authority in early modern political thought / edited by Ian Hunter and David Saunders. p. cm. Includes bibliographical references and index. ISBN 0–333–96459–4 (cloth) 1. Sovereignty – History. 2. Legitimacy of governments – History. 3. Church and state – History. 4. Natural law – History. I. Hunter, Ian, 1949– II. Saunders, David, 1940– JC327 .N39 2002 340’.112 – dc21 10 9 8 11 10 09 7 08 2001058505 6 07 5 4 06 05 3 04 2 1 03 02 Printed and bound in Great Britain by Antony Rowe Ltd, Chippenham and Eastbourne Contents Preface vii List of Contributors viii Introduction Ian Hunter and David Saunders 1 PART I: NATURAL LAW AND CIVIL AUTHORITY 11 1. The Rule of the State and Natural Law Blandine Kriegel 13 2. The Moral Conservatism of Natural Rights Knud Haakonssen 27 3. Pufendorf’s Doctrine of Sovereignty and its Natural Law Foundations Thomas Behme PART II: THE STRUGGLE OVER CHURCH AND STATE 43 59 4. Natura natu