Mark C. Murphy

The moral formulation of philosophical anarchism is that most persons, even in just political communities, do not have a moral obligation to obey the law. The epistemological formulation of philosophical anarchism is that most persons are unjustified in believing that they have a moral obligation to obey the law. But the philosophical anarchists’ argument strategies do not, and in fact cannot, show that belief in the moral obligation to obey the law is unjustified. And, further, given that most persons in just political communities do believe that they are under such an obligation, the moral requirement that one ought to act in accordance with one’s conscience implies that most persons have a moral obligation to obey the law. Thus the moral formulation of philosophical anarchism is false and the epistemological formulation unjustified

There is a story about the connection between the rise of consent theories of political obligation and the fall of natural law theories of political obligation that is popular among political philosophers but nevertheless false. The story is, to put it crudely, that the rise of consent theory in the modern period coincided with, and came as a result of, the fall of the natural law theory that dominated during the medieval period. Neat though it is, the story errs doubly, for it supposes both that consent did not play a key role in natural law theories of political authority offered in the medieval period (a supposition falsified by close inspection of the view of Aquinas, perhaps the paradigmatic natural law theorist) and that natural law theory did not play a key role in the consent theories of political authority offered in the modern period (a supposition falsified by close inspection of the views of Hobbes and Locke, perhaps the paradigmatic consent theorists).Footnotes* I owe thanks to Pat Káin, Paul Weithman, Bob Roberts, and Henry Richardson for instructive criticisms. John Hare was particularly helpful both in criticism and in conversation. I was supported by a fellowship from the Erasmus Institute while this essay was drafted

In lieu of an abstract, here is a brief excerpt of the content:Desire and Ethics in Hobbes's Leviathan:A Response to Professor DeighAccording to the "orthodox" interpretation of Hobbes's ethics, the laws of nature are the products of means-end thinking. According to the "definitivist" interpretation recently offered by John Deigh, the laws of nature are generated by reason operating on a definition of "law of nature," where the content of this definition is given by linguistic usage.2 I aim to accomplish two things in this note. First, I want to locate as clearly as possible the point at which the orthodox and definitivist interpretations must disagree. Second, I want to show that once the claim on which these interpretations disagree is made clear, it is the orthodox interpretation that turns out to be the superior.31.Deigh takes as the initial test case for the various interpretations of Hobbes's moral theory the passage in chapter fifteen of Leviathan commonly known as "the reply to the fool." The fool, it will be recalled, argues that the precept that covenants be kept is not a rule of reason; Hobbes argues that the fool's "specious reasoning is neverthelesse [End Page 259] false," for to break a valid covenant is to violate a dictate of reason.4 Deigh summarizes his criticism of the orthodox interpretation of this passage as follows.On [the orthodox] interpretation, the dispute between Hobbes and the Fool concerns the deliverances of reason when reason is exercised in the service of self-interest, that is, when its exercise consists in determining the fittest means to achieving the ends set by egoistic desires. Such an exercise falls outside of the definition of reason that Hobbes gives in chapter five. It exemplifies strategic or means-to-end thinking and not deduction. Indeed, it corresponds to what Hobbes, in chapter three, defines as seeking... Hence, the orthodox interpretation of the laws of nature implies that Hobbes, in expounding the laws of nature, went back on the notion of reason he defined in chapter five. It implicitly attributes a fundamental inconsistency to Hobbes's philosophy.5The laws of nature—among which is the rule requiring the keeping of covenants6 —are held by Hobbes to be precepts of reason.7 Hobbes deems them, collectively, a science,8 by which he means that they are the deliverances of reason that pertain to a specific subject-matter.9 But, argues Deigh, Hobbes understands reason in a very specific way, a way that is distinct from the sort of means-end thinking that Hobbes describes in detail in chapter three and labels "seeking." Thus the orthodox interpretation of Hobbes's moral theory is at odds with Hobbes's own conception of the laws of nature individually as dictates of reason and collectively as the science of the true moral philosophy.It is of course true that the sort of thinking that Hobbes calls "seeking" and the sort of thinking that Hobbes calls "reasoning" are fundamentally different. Seeking takes its origin from experience: we have seen certain events following other events, and we retain a trace of that experience in imagination. Thus when we have some desire, there arises "the Thought of some means we have seen produce the like of that which we ayme at; and from the thought of that, the thought of means to that mean; and so continually, till we come to some beginning within our power."10 Those that are able to engage in this sort of thinking well are prudent,11 and on Hobbes's view, humans with comparable experience will exhibit a comparable degree of prudence.12 And because seeking requires only desire to regulate thought and some experience of events succeeding other events, there is nothing distinctively human about this form of thinking, and indeed Hobbes acknowledges that prudence is common to humans and other animals.13 By contrast, the process that Hobbes calls "reasoning" [End Page 260] is characterized independently of desire. All that is essential to reasoning is that it involves the drawing of consequences that follow from sentences formed from aptly-defined general terms.14 Thus all deliverances of reason are, either explicitly or implicitly, conditional in form: necessarily, if p...

It is often claimed that John Finnis's natural law theory is detachable from the ultimate theistic explanation that he offers in the final chapter of Natural Law and Natural Rights . My aim in this paper is to think through the question of the detachability of Finnis's theistic explanation of the natural law from the remainder of his natural law view, both in Natural Law and Natural Rights and beyond. I argue that Finnis's theistic explanation of the natural law as actually presented can be, without too much strain, treated as largely detachable in the way that his readers have by and large supposed it to be; indeed, Finnis's account as actually presented really amounts to no explanation of the natural law at all, theistic or otherwise, and that fact accounts in part for the ease with which Finnis's natural law view can be detached from theism of that final chapter. Nevertheless, the considerations raised in that chapter militate in favor of a much more thoroughgoing, largely nondetachable theistic account. And it is just such an account that we find Finnis affirming in the development of his views after Natural Law and Natural Rights

NATURAL LAW ARGUMENTS CONCERNING the political order characteristically appeal, at some point or other, to the common good of the political community. To take the clearest example: Aquinas, perhaps the paradigmatic natural law theorist, appeals to the common good in his accounts of the definition of law, of the need for political authority, of the moral requirement to adhere to the dictates issued by political authority, and of the form political authority should take. But while united on the point that arguments for normative political conclusions must take the common good as a principle, natural law theorists have not been united in their understanding of the nature of the common good. The differences among natural law views on the character of the common good are not trivial: they concern such deep issues as whether the common good should be understood as an intrinsic or an instrumental good, and whether the common good should be understood in relation to the good of individuals of that community or solely in relation to the good of the community as a whole. If one aims to develop a natural law account of the political order, then, one cannot remain neutral with respect to the various natural law understandings of the common good, for these various understandings are almost certain to yield differing conclusions on the source, functions, and limits of political authority.

Natural law is a perennial though poorly represented and understood issue in political philosophy and the philosophy of law. In this 2006 book, Mark C. Murphy argues that the central thesis of natural law jurisprudence - that law is backed by decisive reasons for compliance - sets the agenda for natural law political philosophy, demonstrating how law gains its binding force by way of the common good of the political community. Murphy's work ranges over the central questions of natural law jurisprudence and political philosophy, including the formulation and defense of the natural law jurisprudential thesis, the nature of the common good, the connection between the promotion of the common good and requirement of obedience to law, and the justification of punishment.

In _Leviathan Hobbes offers an argument for the conclusion that one is bound to obey one's sovereign even when one judges that obedience to the sovereign's command would require one to disobey a law of God. The basis for Hobbes's argument is his contention that the covenant that institutes sovereignty includes the renunciation of the right to act in accordance with one's private conscience. In this paper I show that Hobbes's argument fails because one that takes the law of the sovereign to be contrary to the law of God should, by Hobbes's lights, see the provision of the covenant requiring renunciation of conscience as void

In this article I consider the respective merits of three interpretations of divine command theory. On DCT1, S’s being morally obligated to φ depends on God’s command that S φ; on DCT2, that moral obligation depends on God’s willing that S be morally obligated to φ; on DCT3, that moral obligation depends on God’s willing that S φ. I argue that the positive reasons that have been brought forward in favor of DCT1 have implications theists would find disturbing and that the positive reasons brought forward in favor of DCT2 support only a weak formulation of DCT2 that is indistinguishable from other theistic moral theories. DCT3 is, however, a distinctive theory that theists have strong reasons to affirm.

The contribution to contemporary philosophy of Alasdair MacIntyre is enormous. His writings on ethics, political philosophy, philosophy of religion, philosophy of the social sciences and the history of philosophy have established him as one of the philosophical giants of the last fifty years. His best-known book, After Virtue, spurred the profound revival of virtue ethics. Moreover, MacIntyre, unlike so many of his contemporaries, has exerted a deep influence beyond the bourns of academic philosophy. This volume focuses on the major themes of MacIntyre's work with critical expositions of MacIntyre's views on the history of philosophy, the role of tradition in philosophical inquiry, the philosophy of the social sciences, moral philosophy, political theory, and his critique of the assumptions and institutions of modernity. Written by a distinguished team of philosophers, this volume will have a wide appeal outside philosophy to students in the social sciences, law, theology, and political theory.

Michael J. Almeida offers two criticisms of the argument of my ‘A trilemma for divine command theory’. The first criticism is that I mistakenly assume the validity of the following inference pattern: property A is identical to property B; property B supervenes on property C; therefore, property A supervenes on property C. The second criticism is that I have misinterpreted the moral-supervenience thesis upon which I rely in making this argument. The first of Almeida's criticisms is completely untenable. The second of his criticisms casts doubt on my argument, a doubt that I can mitigate but not entirely dispel. (Published Online August 11 2004).