Philosophical Essays and Texts of Leibniz

Law and Morality

Leibniz's writings on law, ethics, and politics[173] were long overlooked by English-speaking scholars, but this has changed of late.[174]

While Leibniz was no apologist for absolute monarchy like Hobbes, or for tyranny in any form, neither did he echo the political and constitutional views of his contemporary John Locke, views invoked in support of liberalism, in 18th-century America and later elsewhere. The following excerpt from a 1695 letter to Baron J. C. Boyneburg's son Philipp is very revealing of Leibniz's political sentiments:

As for ... the great question of the power of sovereigns and the obedience their peoples owe them, I usually say that it would be good for princes to be persuaded that their people have the right to resist them, and for the people, on the other hand, to be persuaded to obey them passively. I am, however, quite of the opinion of Grotius, that one ought to obey as a rule, the evil of revolution being greater beyond comparison than the evils causing it. Yet I recognize that a prince can go to such excess, and place the well-being of the state in such danger, that the obligation to endure ceases. This is most rare, however, and the theologian who authorizes violence under this pretext should take care against excess; excess being infinitely more dangerous than deficiency.[175]

In 1677, Leibniz called for a European confederation, governed by a council or senate, whose members would represent entire nations and would be free to vote their consciences;[176] this is sometimes considered an anticipation of the European Union. He believed that Europe would adopt a uniform religion. He reiterated these proposals in 1715.

But at the same time, he arrived to propose an interreligious and multicultural project to create a universal system of justice, which required from him a broad interdisciplinary perspective. In order to propose it, he combined linguistics (especially sinology), moral and legal philosophy, management, economics, and politics.[177]

Law

Leibniz trained as a legal academic, but under the tutelage of Cartesian-sympathiser Erhard Weigel we already see an attempt to solve legal problems by rationalist mathematical methods (Weigel's influence being most explicit in the Specimen Quaestionum Philosophicarum ex Jure collectarum (An Essay of Collected Philosophical Problems of Right)). For example, the Inaugural Disputation on Perplexing Cases[178] uses early combinatorics to solve some legal disputes, while the 1666 Dissertation on the Combinatorial Art[179] includes simple legal problems by way of illustration.

The use of combinatorial methods to solve legal and moral problems seems, via Athanasius Kircher and Daniel Schwenter to be of Llullist inspiration: Ramón Llull attempted to solve ecumenical disputes through recourse to a combinatorial mode of reasoning he regarded as universal (a mathesis universalis).[180]

In the late 1660s the enlightened Prince-Bishop of Mainz Johann Philipp von Schönborn announced a review of the legal system and made available a position to support his current law commissioner. Leibniz left Franconia and made for Mainz before even winning the role. On reaching Frankfurt am Main Leibniz penned The New Method of Teaching and Learning the Law, by way of application.[181] The text proposed a reform of legal education and is characteristically syncretic, integrating aspects of Thomism, Hobbesianism, Cartesianism and traditional jurisprudence. Leibniz's argument that the function of legal teaching was not to impress rules as one might train a dog, but to aid the student in discovering their own public reason, evidently impressed von Schönborn as he secured the job.

Leibniz's next major attempt to find a universal rational core to law and so found a legal "science of right",[182] came when Leibniz worked in Mainz from 1667–72. Starting initially from Hobbes' mechanistic doctrine of power, Leibniz reverted to logico-combinatorial methods in an attempt to define justice.[183] As Leibniz's so-called Elementa Juris Naturalis advanced, he built in modal notions of right (possibility) and obligation (necessity) in which we see perhaps the earliest elaboration of his possible worlds doctrine within a deontic frame.[184] While ultimately the Elementa remained unpublished, Leibniz continued to work on his drafts and promote their ideas to correspondents up until his death.

Ecumenism

Leibniz devoted considerable intellectual and diplomatic effort to what would now be called an ecumenical endeavor, seeking to reconcile the Roman Catholic and Lutheran churches. In this respect, he followed the example of his early patrons, Baron von Boyneburg and the Duke John Frederick—both cradle Lutherans who converted to Catholicism as adults—who did what they could to encourage the reunion of the two faiths, and who warmly welcomed such endeavors by others. (The House of Brunswick remained Lutheran, because the Duke's children did not follow their father.) These efforts included corresponding with French bishop Jacques-Bénigne Bossuet, and involved Leibniz in some theological controversy. He evidently thought that the thoroughgoing application of reason would suffice to heal the breach caused by the Reformation.


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