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Greene and Stanlis on Dr. Johnson and the Natural Law: a Medieval Postscript

Published online by Cambridge University Press:  16 January 2014

Extract

And we are here as on a darkling plain Swept with confused alarms of struggle and flight Where ignorant armies clash by night.”

Matthew Arnold

Perhaps it is somewhat less than fair that to one whose interests lie in earlier centuries than theirs, the recent exchanges between Donald J. Greene and Peter J. Stanlis should have called irresistibly to mind the closing lines of Matthew Arnold's Dover Beach. Unfair, indeed, admittedly unfair, but not wholly without its moral. The strife has been ferocious and the crash of opposed artillery truly deafening. But the smoke remains dense, the objectives obscured, and so many of the projectiles hurled have spent their force on phantom targets. And why is this so? In part, no doubt, because of disagreements about the very nature of Dr. Johnson's views — but a medievalist would be presumptuous indeed to contemplate even the most tentative of interventions on this score. More germane to his interests, however, and surely no less fundamental to the impasse, is the dangerously impoverished historical landscape against which these views have been measured.

This comes out very clearly in Stanlis's abuse of the label “Calvinist” — for which Greene correctly upbraids him. It comes out, too, in Greene's reliance on that shopworn tag “Augustinian,” with which Stanlis is rightfully uneasy — though, conceivably, for the wrong reasons. But it comes out most clearly of all in the assumption, common, it seems, to both parties, that it is safe and meaningful to speak of the Scholastic conception of natural law.

Type
Research Article
Copyright
Copyright © North American Conference of British Studies 1964

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References

1. Greene, Donald J., “Samuel Johnson and ‘Natural Law’,” J.B.S., II (1963), 5975CrossRefGoogle Scholar, and his “Response to Mr. Stanlis's Comment,” ibid., II (1963), 84-87; Peter J. Stanlis, “Comment on Samuel Johnson and ‘Natural Law’,” ibid., II (1963), 76-83. All my references will be to this exchange, but see also the further correspondence in ibid., III (1963), 158-67.

2. Stanlis, “Comment on Samuel Johnson and ‘Natural Law’,” ibid., II (1963), 80; Greene, “Response to Mr. Stanlis's Comment,” ibid., II (1963), 86.

3. Greene, “Samuel Johnson and ‘Natural Law’,” ibid., II (1963), 72-75; Stanlis, “Comment on Samuel Johnson and ‘Natural Law’,” ibid., II (1963), 80-81.

4. D'Entrèves, A. P., Natural Law: an Introduction to Legal Philosophy (London, 1951), p. 11Google Scholar.

5. For Ockham, the voluntarist tradition, and the material upon which my argument is based, see Oakley, Francis, “Medieval Theories of Natural Law: William of Ockham and the Significance of the Voluntarist Position,” Natural Law Forum, VI (1961), 6583Google Scholar, and Oakley, Francis, “Christian Theology and the Newtonian Science: the Rise of the Concept of the Laws of Nature,” Church History, XXX (1961), 433–57CrossRefGoogle Scholar.

6. See, for example, Miller, Perry, The New England Mind (New York, 1939), pp. 157–58Google Scholar, and Rommen, H. A., “The Natural Law of the Renaissance Period,” University of Notre Dame Natural Law Proceedings (Notre Dame, 1949), pp. 9495Google Scholar.

7. The words are D'Entrèves', , Natural Law, p. 69Google Scholar, but they are quoted by Samuel Johnson and ‘Natural Law’,” J.B.S., II (1963), 74Google Scholar; cf. Stanlis, Peter J., Edmund Burke and the Natural Law (Ann Arbor, 1958), p. 17Google Scholar. Cf. also the letter of Fleischauer, Warren, J.B.S., III (1963), 157Google Scholar, where he says: “… Occam and some later Reformation theologians regarded God as Will only, with ultimate consequences on the destruction of natural law in political thought.”

8. Shepherd, Max A., “William of Occam and the Higher Law,” Am. Pol. Sci. Rev., XXVI (1932), 1009Google Scholar; for an analysis of the texts see Oakley, , “Medieval Theories of Natural Law,” Natural Law Forum, VI (1961), 6872Google Scholar.

9. Greene, , “Samuel Johnson and ‘Natural Law’,” J.B.S., II (1963), 6567Google Scholar.

10. Ibid., II (1963), 69-70.

11. Stanlis, “Comment on Samuel Johnson and ‘Natural Law’,” Ibid., II (1963), 76.

12. d'Ailly, Pierre, Quaestiones super libros Sententiarum (Lyons, 1500), IGoogle Scholar, qu. 14, art. 3, Q, f. 173r.

13. Cudworth, Ralph, Treatise Concerning Immutable Morality (New York, 1838), Bk. I, ch. i, par. 5, p. 11Google Scholar.

14. Oakley, , “Christian Theology and Newtonian Science,” Church History, XXX (1961), 433–57CrossRefGoogle Scholar.