Mark C. Murphy

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.

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