5 - Human Nature, the State of Nature and Natural Law

Summary

In providing a new foundation for natural law and thence political authority, Pufendorf engaged in a major and explicit reconstruction of the discipline. Scholastic natural law derived the law of nature from a prior nature held to contain norms for moral and civil conduct; for example, from a divine nature whose will imprinted the human will, or a rational nature that was supposed to guide the will, or from humanity’s supposedly sociable nature as the source of the key norm of sociality. Pufendorf’s radical intervention into this field lay in his declaration that since it had been “imposed” or instituted as a “moral entity” by God for unaccountable reasons, human nature was not itself normative, rationally or socially. Rather, as a set of given conducts and predispositions—seen most clearly humanity’s paradoxical need for co-operation in order to survive and its ineradicable proclivity to envy, malice and mutual predation—human nature supplied only the observable basis from which it was possible to deduce the natural law: that man should cultivate sociality as a disposition needed for security and social thriving. This formed the basis for political sovereignty as the unchallengeable deployment of civil power required to obtain social peace and security.