Section 2.5 Overview
This section examines the philosophical shift from Natural Law to more empirical and skeptical approaches in understanding law and morality, highlighting the contributions of Thomas Hobbes and David Hume. Hobbes initiated a departure from Natural Law’s intrinsic moral and legal principles by emphasizing the necessity of a strong sovereign to manage humanity’s inherent conflicts. David Hume further propelled this shift by challenging the existence of universal moral principles, advocating instead that morality originates from human emotions and social conventions. This transition underscores a pivotal change in the philosophical foundations of law and ethics, moving away from universal moral precepts towards a perspective that prioritizes empirical observation and human experience. The section explores Hume’s critique of Natural Law, his rejection of innate moral principles, and the implications of his philosophy for modern legal and moral thought, marking a significant evolution in legal theory toward legal positivism and the contemporary understanding of laws as constructs of human society and culture.
Section Level Student Learning Outcomes
- SLO 1: Understand the shift from Natural Law to empirical approaches in philosophy.
- SLO 2: Analyze Hobbes’ role in transitioning away from Natural Law.
- SLO 3: Evaluate Hume’s critique and rejection of Natural Law principles.
- SLO 4: Explore the impact of skepticism on modern legal and moral thought.
- SLO 5: Assess the evolution of legal theory towards legal positivism.
Modification History File Created: 02/15/2024 Last Modified: 02/19/2024
[Contents]
This work is licensed under an Open Educational Resource-Quality Master Source (OER-QMS) License.
You are welcome to print a copy of pages from this Open Educational Resource (OER) book for your personal use. Please note that mass distribution, commercial use, or the creation of altered versions of the content for distribution are strictly prohibited. This permission is intended to support your individual learning needs while maintaining the integrity of the material.
