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Rival Enlightenments: Civil and Metaphysical Philosophy in Early Modern Germany
Rival Enlightenments: Civil and Metaphysical Philosophy in Early Modern Germany
ENLIGHTENMENTS:
Civil and Metaphysical
Philosophy in Early
Modern Germany
IAN HUNTER
The books in this series will discuss the emergence of intellectual traditions and
of related new disciplines. The procedures, aims, and vocabularies that were
generated will be set in the context of the alternatives available within the con-
temporary frameworks of ideas and institutions. Through detailed studies of
the evolution of such traditions, and their modification by different audiences,
it is hoped that a new picture will form of the development of ideas in their
concrete contexts. By this means, artificial distinctions between the history of
philosophy, of the various sciences, of society and politics, and of literature
may be seen to dissolve.
The series is published with the support of the Exxon Foundation.
A list of books in the series will be found at the end of the volume.
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RIVAL ENLIGHTENMENTS
Civil and Metaphysical Philosophy in Early Modern Germany
IAN HUNTER
PUBLISHED BY CAMBRIDGE UNIVERSITY PRESS (VIRTUAL PUBLISHING)
FOR AND ON BEHALF OF THE PRESS SYNDICATE OF THE UNIVERSITY OF CAMBRIDGE
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Preface page ix
Acknowledgements xiv
List of abbreviations and texts used xvi
Note on conventions xix
Introduction
Civil philosophy
. Introduction
. Reductions of the civil: society and reason
. Sources of the civil: politics and law
. Civil philosophy and profane natural law
vii
viii Contents
Pufendorf ’s civil philosophy
. Introduction
. Moral philosophy and political obligation
. From moral personality to civil personae
. From transcendent reflection to chastened observation
. Political subjecthood and civil sovereignty
KANT
Except for the Critique of Pure Reason, for which I use the standard A and B pag-
ination of the first and second editions, all references to Kant are to Kants
Gesammelte Schriften, edited by the German (formerly the Royal Prussian)
Academy of Sciences in twenty-nine volumes (Walter de Gruyter, –). In
referencing Kant’s texts I have adopted the convention of first citing the rel-
evant passage in the Akademie edition, by volume and page number, pairing
this with the relevant reference to the Cambridge Edition of the Works of Immanuel
Kant. I have adjusted the Cambridge translations wherever this seemed nec-
essary. Abbreviations of the relevant volume titles from the Cambridge Edition
follow.
CPR Critique of Pure Reason, ed. Paul Guyer and Allen W. Wood. Cambridge:
Cambridge University Press, .
LE Lectures on Ethics, ed. Peter Heath and J. B. Schneewind. Cambridge:
Cambridge University Press, .
LM Lectures on Metaphysics, ed. Karl Ameriks and Steve Naragon.
Cambridge: Cambridge University Press, .
PP Practical Philosophy, ed. Mary J. Gregor and Allen Wood. Cambridge:
Cambridge University Press, .
RRT Religion and Rational Theology, ed. Allen W. Wood and George Di
Giovanni. Cambridge: Cambridge University Press, .
TP Theoretical Philosophy –, ed. David Walford and Ralf Meerbote.
Cambridge: Cambridge University Press, .
LEIBNIZ
CP Confessio Philosophi/Das Glaubensbekenntnis des Philosophen. (Kritische
Ausgabe mit Einleitung, Ubersetzung, Kommentar von Otto Saame.)
nd edn. Frankfurt am Main: Vittorio Klostermann, .
DM Discourse on Metaphysics, in Lm, pp. –.
Ge C. I. Gerhardt (ed.) Die philosophischen Schriften von Gottfried Wilhelm
Leibniz. vols. Hildesheim: Georg Olms, .
xvi
List of abbreviations and texts used xvii
Gr Gaston Grua (ed.) G. W. Leibniz: Textes Inédits. vols. Paris: Presses
Universitaires de France, .
Gu G. E. Guhrauer (ed.) Gottfried Wilhelm Leibniz: Deutsche Schriften.
edn, vols. Hildesheim: Georg Olms, .
Lm Leroy E. Loemker (ed.) Gottfried Wilhelm Leibniz: Philosophical Papers and
Letters. nd edn. Dordrecht: D. Reidel, .
Mo The Monadology, in Lm, pp. –.
PW Political Writings, ed. Patrick Riley. Cambridge: Cambridge University
Press, .
Th Theodicy: Essays on the Goodness of God, the Freedom of Man, and the Origin of
Evil, ed. Austin Farrer. La Salle: Open Court, .
TS Theologisches System/Systema Theologicum, ed. C. Haas. Hildesheim:
Georg Olms,
PUFENDORF
DJN De Jure Naturae et Gentium Libri Octo/On The Law of Nature and of Nations
in Eight Books. Trans. C. H. Oldfather and W. A. Oldfather. Oxford:
Clarendon Press, .
DOH De Officio Hominis et Civis juxta Legem Naturalem Libri Duo/On the Duty of
Man and Citizen According to Natural Law. Trans. Michael Silverthorne,
ed. James Tully. Cambridge: Cambridge University Press, .
DHR De Habitu Religionis Christianae ad Vitam Civilem/Of the Nature and
Qualification of Religion in Reference to Civil Society. London: Roper and
Bosvile, .
DSH De Statu Hominum Naturali/Samuel Pufendorf ’s On the Natural State of Men,
the Latin Edition and English Translation, ed. Michael Seidler.
Lewiston N.Y.: Edwin Mellen Press, .
GW Gesammelte Werke, ed. Wilhelm Schmidt-Biggemann. Berlin: Akademie
Verlag, –.
THOMASIUS
ADS Auserlesene deutsche Schriften (Selected German Writings, vols.). AW, vols.
‒.
ASL Ausübung der Sittenlehre (Practice of Ethics). Hildesheim: Georg Olms, .
AW Ausgewählte Werke, ed. Werner Schneiders. Hildesheim: Georg Olms,
–
EHP Einleitung zur Hof-Philosophie (Introduction to Court Philosophy). AW, vol. .
ESL Einleitung zur Sittenlehre (Introduction to Ethics). AW, vol. .
FJN Fundamenta juris naturae et gentium ex sensu communi deducta, /
Grundlehren des Natur- und Völker-Rechts, nach dem sinnlichen Begriff aller
Menschen vorgestellet (Foundations of the Law of Nature and Nations, Deduced
from Common Sense). Halle: Rengerischer Buchhandlung, .
IJD Institutiones jurisprudentiae divinae, / Drey Bücher der Göttlichen
xviii List of abbreviations and texts used
Rechtsgelahrtheit (Institutes of Divine Jurisprudence). Halle: Rengerischer
Buchhandlung, .
KPK Kurzer Entwurf der politischen Klugheit, sich selbst und andern in allen men-
schlichen Gesellschaften wohl zu Raten und zu einer gescheiten Conduite zu gelan-
gen (Brief Outline of Political Prudence, for the good counsel and sensible conduct
of oneself and others in all human societies, ). Frankfurt am Main:
Athenäum, .
KTS Kleine Teutsche Schriften (Shorter German Writings). AW, vol. .
PD Preliminary Dissertation (to the Institutiones jurisprudentiae divinae), in IJD,
pp. –.
RFM Vom Recht evangelischer Fürsten in Mitteldingen oder Kirchenzeremonien (Of the
Right of Protestant Princes in Middle-Things/Adiaphora or Religious Ceremonies,
), in ADS, AW, vol. , pp. –.
RFS Das Recht evangelischer Fürsten in theologischen Streitigkeiten (The Right of
Protestant Princes in Theological Controversies). Halle: Christoph Salfeld
Verlag, .
SEG Summarischer Entwurf der Grundlehren, die einem Studioso Iuris zu wissen und
auf Universitäten zu Lernen nötig sind (Summary Outline of the Basic Doctrines
Necessary for a Student of Law to Know and Learn in the Universities, ).
Aalen: Scientia Verlag, .
VG Vorrede (Foreword to Grotius), in Hugo Grotius: De Jure Belli ac Pacis Libri
Tres/Drei Bücher vom Recht des Krieges und des Friedens Paris , ed. Walter
Schätzel. Tübingen: J. C. B. Mohr, , pp. –.
VKR Vollständige Erläuterung der Kirchenrechts-Gelahrtheit oder Gründliche
Abhandlung vom Verhältniß der Religion gegen den Staat (Complete Explanation
of the Jurisprudence of Church Law or Fundamental Treatise on the Relation of
Religion to the State), nd edn. . Aalen: Scientia Verlag, .
WOLFF
GE Vernünftige Gedanken von der Menschen Tun und Lassen, zu Beförderung ihrer
Glückseeligkeit (German Ethics ), ed. H. W. Arndt. Reprint,
Hildesheim: Georg Olms, .
GL Vernünftige Gedanken von den Kräften des menschlichen Verstandes (German Logic
), ed. H. W Arndt. Reprint, Hildesheim: Georg Olms, .
GM Vernünftige Gedanken von Gott, der Welt und der Seele des Menschen, auch allen
Dingen überhaupt (German Metaphysics ), ed. C. A. Corr. Reprint,
Hildesheim: Georg Olms, .
GP Vernünftige Gedanken von dem gesellschaftlichen Leben der Menschen und inson-
derheit dem gemeinen Wesen (German Politics ), ed. H. W. Arndt. Reprint,
Hildesheim: Georg Olms, .
VRW Von den Regenten die sich der Weltweisheit befleistigen, und von den Weltweisen die
das Regiment führen (On Princes who Cultivate Philosophy, and Philosophers who
Direct Government), in Gesammelte Kleine Philosophische Schriften .
Hildesheim: Georg Olms, , pp. –.
Note on conventions
xix
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Introduction
University metaphysics
.
We have suggested that, rather than representing the path taken by
human reason’s recovery of its own transcendental conditions, German
university metaphysics was itself polemically enmeshed in the religious
and political conflicts of the early modern period. This chapter provides
an overview of this approach to the history of German university meta-
physics. We argue that in its anthropology and cosmology Schulmetaphysik
gave shape not to a universal rational being, but to a particular kind of
moral personage. Through his self-purifying recovery of the pure con-
cepts of things, this personage was groomed for the exercise of a quasi-
sacral power in the civil domain. This spiritual grooming, carried out in
the teaching of metaphysics itself, created the prestige and authority
required to judge civil affairs in accordance with transcendent concepts
– in particular, the concepts of man’s rational being and the natural laws
required for its realisation.
One of our central concerns will be to sketch a genealogy for the
prestige of enlightenment metaphysics by showing its indebtedness
to seventeenth-century Protestant Schulmetaphysik. The ‘enlightenment’
defence of the intelligible conditions of empirical experience, we argue,
may be regarded as an historical improvisation on the neoscholastic
defence of the divine intellection of the supersensible forms and sub-
stances. This lays the groundwork for our non-standard approach to the
metaphysical philosophy of Leibniz, Wolff, and Kant in Part . For here,
rather than viewing them as moving ever closer to the recovery of
human subjectivity’s transcendent(al) conditions, we treat the enlighten-
ment metaphysicians as exponents of a quasi-religious ethos in which
this recovery is the objective of a spiritual exercise.
Needless to say, while the relation between enlightenment metaphys-
ics and seventeenth-century Schulmetaphysik remains under-researched, it
has not gone unnoticed. With very few exceptions, however, this relation
University metaphysics
is discussed in terms of metaphysics throwing off its theological past. This
view of enlightenment metaphysics as the rational subsumption of its
theological predecessor can take a negative or positive form. Beck, for
example, treats the neoscholastic theory of being as too scholastic and
dogmatic – as insufficiently ‘epistemological’ – to function as a vehicle for
autonomous human reason, hence as destined to be eclipsed by the
emergence of enlightenment epistemology (Beck , –). Petersen
and Wundt, however, regard seventeenth-century Schulmetaphysik as
playing a key role in the emergence of enlightenment metaphysics,
through the manner in which it preserved the doctrine of transcendent
rational being against the threats of English empiricism and German
Pietism (Petersen ; Wundt ; Wundt ). In both cases, however,
enlightenment metaphysics is viewed as the rational transcendence of its
theological predecessor – either as the emancipator of philosophy from
theology, or as the means of their harmonisation in a rational theory of
transcendent being. In other words, in both cases the history of meta-
physics is seen in terms of the progressive rationalisation of human
reason’s (initially theological) pursuit of its transcendent(al) conditions.
Before discussing this view in a little more detail, we may observe that
there are prima facie reasons for thinking that the history of metaphys-
ics is far more turbulent – far more deeply enmeshed in the history of
religious and political conflict – than such an account can allow. Here
the crucial thing to observe is that with the onset of Lutheran confes-
sionalisation (‘the Reformation’), university metaphysics was targeted for
elimination. Pointers to this anti-metaphysical campaign can be found
in Luther’s Disputation Against Scholastic Theology of , where we find his
wholesale rejection of the Aristotelian way:
It is false to state that the will can by nature conform to a correct precept. This
is said in opposition to Scotus and Gabriel . . .
Virtually the entire Ethics of Aristotle is the worst enemy of grace. This in
opposition to the scholastics . . .
It is an error to say that no man can become a theologian without Aristotle.
Indeed, no one can become a theologian unless he becomes one without
Aristotle.
In vain does one fashion a logic of faith, a substitution brought about without
regard for limit and measure. This in opposition to the new dialecticians.
(Luther , , )
Luther’s hostility was driven in part by the key role that Scotist–
Aristotelian university metaphysics had played in defining and defend-
ing Catholic orthodoxy against the first waves of reform (Shank ).
Introduction
But it was also driven by his Occamite repudiation of the ‘rationalist’
character of this metaphysics – that is, of its claims to provide natural
knowledge of the Christian mysteries via transcendent concepts
common to God and man. From Luther’s voluntarist perspective, the
Thomist and Scotist programmes – teaching that man could accede to
knowledge and love of God through cultivation of a quasi-divine (meta-
physical) reason – were completely inimical to the true grounding of
religion in a biblically based faith.
Taken to its conclusion, Luther’s rejection of the metaphysical recon-
ciliation of reason and faith, philosophy and theology, resulted in the
‘two truths’ doctrine. In elaborating this doctrine in his De Usu et
Applicatione Notionum Logicorum ad Res Theologicus (On the Use and Application
of Logical Concepts in Relation to Theological Matters, ), Daniel Hofmann
argues that philosophy and theology give rise to irreconcilably different
kinds of truth, on the basis of the difference between the ‘natural’
(corrupt) and ‘regenerate’ conditions of the intellect that accedes to
truth. This doctrine is so hostile to the metaphysical reconciliation of
philosophy and theology that even modern metaphysicians attack it on
sight: ‘Common to all the scholastic metaphysicians was the rejection of
a two-fold truth – in fact, the metaphysical movement arose to meet the
theological irrationalism enshrined in this ancient bugbear’ (Beck ,
). As soon, however, as we reinstate the specific anthropology under-
pinning Luther’s and Hofmann’s position – that is, the Occamite anthro-
pology of fallen man’s corrupted intellect and his consequent incapacity
for acceding to transcendent ideas – then the true character of the ‘two
truths’ doctrine becomes apparent. In restricting knowledge of theolog-
ical truth to an intellect regenerated through faith and grace, Hofmann
was not irrationally rejecting philosophy. Rather he was attempting to
exclude philosophers (university metaphysicians) from the role of medi-
ating the Christian mysteries, treating their rationalist pursuit of salva-
tion through ascent to transcendent knowledge as incompatible with the
mode of acceding to salvation through biblical faith (Schorn-Schütte
). In other words, the battle over the ‘two truths’ doctrine is symp-
tomatic not of the role of metaphysics in the emancipation of reason
from religion, but of the quasi-religious role of metaphysics itself; that
is, of its role as a mode of spiritual formation in competition with the
voluntarist and fideist one that was central to early Lutheran confession-
alism (Sparn ).
This is the historical light in which we should view the exclusion of
metaphysics from the curricula of Protestant universities in the first
University metaphysics
decades of the sixteenth century. The University of Wittenberg ()
proved to be the model in this regard, with the old scholastic cur-
riculum grounded in logic and metaphysics being replaced by the
Melanchthonian curriculum centred on rhetoric, ethics, natural law,
biblical exegesis and the Aristotelian sciences (Kusukawa ). Far from
representing an irrational cul-de-sac, Wittenberg was indicative of a
new and far-reaching alliance between the state-building aspirations of
territorial princes and the confessionalising objectives of religious acti-
vists (Heinrich ). In fact, Wittenberg broke with the old form of the
university – that of an urban corporation under Imperial and Papal
patent. Instead, it drew its legal form and funding from the territorial
state, and its governance from a council of state officials and religious
reformers – including Luther, Jonas, Melanchthon, and Bugenhagen
(Scheible ). In this setting, Melanchthon’s model curriculum was
required to fulfil the same key functions as its scholastic predecessor – to
provide the religious and political elite with a suitably orthodox intellec-
tual comportment (Kaufmann , –). Melanchthon, however,
could not use the metaphysics of transcendent–rational being as his
means of harmonising the theological and philosophical sciences into a
single formative curriculum. Instead, as Kusukawa has shown, he har-
nessed the (Aristotelian) natural sciences themselves to this end, teach-
ing them as the key to reading the signs of God’s ordering presence in
nature, and thereby maintaining the normative unity of the Christian
academic curriculum (Kusukawa ).
It is all the more remarkable therefore that during the closing decade
of the sixteenth century and the opening one of the seventeenth, the
banished figure of the metaphysician suddenly reappeared in the philos-
ophy and theology faculties of the Protestant academy. In the Lutheran
universities we can mention Daniel Cramer (Wittenberg, ),
Cornelius Martini (Helmstedt, ), Henning Arnisaeus (Helmstedt,
), Jacob Martini (Wittenberg, ), Johann Gerhard (Jena, ),
Balthasar Meisner (Wittenberg, ), and Christoph Scheibler (Gießen,
). In the Calvinist world the most prominent of the new metaphysi-
cians were Rudolf Goclenius (Marburg, ), Bartholomaeus
Keckermann (Heidelberg, ), Johann Alsted (Herborn, ), and
Clemens Timpler (Heidelberg and Steinfurt, ) (Sparn , ;
Wundt ). Considering our larger concerns, the return of a full-
blooded metaphysics to Protestant universities from the final decade of
the sixteenth century presents us with an important historical–intellec-
tual problem. Given that the central tasks of philosophia Christiana could,
Metaphysics as the subsumption of theology
apparently, be fulfilled by a non-metaphysical scholasticism, what was
driving the return of metaphysics to the Protestant academy almost a
century after Luther and Melanchthon had shown it the door? As we
shall see, the answer to this question holds the key to understanding the
relation between seventeenth-century Schulmetaphysik and its enlighten-
ment successor.
.
Post-Kantian history of philosophy prides itself on accounting for the
transition from ‘metaphysical’ to ‘anthropological’ constructions of
reason, treating this as symptomatic of reason’s progress from its theo-
centric origins to the full recovery of its autonomous grounding in man.
In approaching it as an ethos, however, we discover that metaphysics is
itself deeply anthropological; for, no matter how theocentric its concep-
tion of rational being, metaphysics remains a discipline for grooming
man in the image of this conception. This shifting of the axis of histor-
ical analysis is, of course, the direct outcome of our approaching philos-
ophies via the anthropologies they presuppose and the spiritual exercises
they require. In this setting, what matters is not the content of the image
of rational being – whether this is restricted to God and the pure intel-
ligences, or extended to man’s own higher intelligence – but the self-
formative use to which the image is put; for in each case the bearer of
this rational being will be man, as he carries out the exercises designed
to reshape himself in this image.
It is in seeking to clarify the role of university metaphysics as an intel-
lectual paideia that we briefly break the bounds of our early modern
focus, in order to take advantage of a remarkable study of Albert the
Great’s Metaphysics Commentary. In doing so, we seek not to posit doctri-
nal continuity between late medieval and early modern metaphysics, but
to uncover the roots of university metaphysics as a distinctive culture of
the self. Beroald Thomassen’s study of Albert’s commentaries on
Aristotle’s metaphysics and ethics offers invaluable assistance in this
regard (Thomassen ). It provides an outline of a metaphysical
The metaphysical ethos
culture or Lebensform – an ensemble of doctrines and disciplines dedi-
cated to a mode of spiritual grooming – which we shall find surfacing
time and again through the entire history of university metaphysics,
albeit of course in a wide variety of forms. Indeed, we shall be return-
ing to Thomassen’s study in order to help elucidate the sense in which
Kant’s metaphysics of morals may also be regarded as a form of spiri-
tual grooming (.).
At the heart of Albert’s construction of academic metaphysics is the
reciprocal relation established between knowledge of its object and per-
fection of the intellect that knows. Metaphysics is the highest form of
knowledge because its pursuit bestows the highest form of perfection of
which the human intellect is capable, its participation in the divine; while
physics and mathematics only perfect the intellect in its temporal and
spatial forms, respectively. As Albert formulates this in his Metaphysics
Commentary: through metaphysics ‘we accede to that true wisdom of phi-
losophy, which perfects the intellect according to the degree that some-
thing divine exists in us; in the same way that natural science perfects the
intellect so far as it is bound to time, and inclined to the continuum
[space], to the extent that it is perfected by instruction’ (Albert in
Thomassen , , fn. ). This is the basis on which Thomassen
effects the fundamental methodological shift lying at the centre of his
study. It allows him to show that Albert’s exposition of the foundations
of metaphysics is not grounded in concepts thinkable by a generic
human subject. Rather, the pursuit of foundations takes place instead
through a construction that ties the concepts of metaphysics to the moral
condition of the being qualified as their bearer:
The grounding of metaphysics, which . . . is a constitutive element of metaphys-
ics itself, is not simply aimed at the exposition of a logically and factually coher-
ent system of metaphysical basic concepts – concepts suited to comprehending
the object domain of metaphysics in a subject-independent manner and to
demarcating it from the object domain of other sciences. The grounding of
metaphysics asks more generally for the enabling of metaphysics as a science
whose bearer is man, and is to this degree anthropocentric. (Thomassen ,
)
Thomassen argues that Albert constructs the possibility of metaphys-
ics through a complex set of doctrines regarding the nature and relations
of divine and human being (, –). According to these doctrines,
which Albert elaborates through an Averroistic paraphrase of Aristotle’s
Metaphysics, God exists as a pure intellect spontaneously thinking the
forms of the intelligible world. He is related to man by virtue of the fact
University metaphysics
that man, despite being an embodied creature, also possesses a pure
intellect, or at least the potential to realise one. In fact man’s intellect is
regarded as the ‘substantial form’ or telos of his being, itself emanating
from the divine intellect. This means that the ‘completion’ of man’s
intellect, through the discipline of metaphysics, signifies both the perfec-
tion of the human being and its partial return to God.
This metaphysical anthropology is indispensable for understanding
not just the grounding of metaphysics as a science, but also the model-
ling of the intellectual deportment whose grooming lies at the heart of
metaphysics as an academic culture. According to Albert, metaphysics
is founded in man’s desire for knowledge of it; but this subjective ground-
ing also has an objective dimension, as the desire arises from the onto-
logical difference between the divine and human intellects. The divine
intellect differs from the human one by virtue of the fact that it is pure
active intellection (Thomassen , –). Unhampered by the
passive or receptive faculties characteristic of the human, the divine
intellect knows things by bringing them forth from its own thinking,
creating the ‘intelligibles’ or substantial forms of all things through
reflection on itself, which means that the divine intellect creates and
encounters the world through spontaneous self-reflection. The sponta-
neous activity of the divine intellect is linked to its perfect simplicity, for
this allows it to have direct intuitive knowledge of the simple (non-
embodied) substances – the intelligibles that arise from its intellection of
them. The human intellect, though, ‘beshadowed’ through its combina-
tion with space and time, and complexified through its possession of
passive receptive faculties, is incapable of knowing the intelligible forms
directly in their simple non-embodied state. It encounters them instead
only as they have been ‘scattered’ through space and time in material
things (–). The human intellect is thus discursive rather than intui-
tive. It must use syllogistic and other forms of argument to pick its way
through the scatter of phenomena, gradually and painstakingly synthe-
sising knowledge of the intelligible principles of the world, which are
known to the divine intellect through instantaneous and eternal self-
reflection. As Heimsoeth has argued, this fundamental oppositional
elaboration between the divine and human intellects provides the basis
for the distinction between the active and passive intellect in Leibniz’s
monadology, and for Kant’s distinction between noumena and phenom-
ena (Heimsoeth b; Heimsoeth ; Heimsoeth ).
Given that the intelligibles or substantial forms are in fact the object
of metaphysics as a science – constituting the domain of ‘being as being’
The metaphysical ethos
prior to its embodiment in the specific kinds of being which are the
objects of the particular sciences – then the divine intellect must be the
true bearer of metaphysical knowledge. Indeed, Albert says that God
contemplates himself in metaphysics. At the same time, though, because
he too possesses the spark of an active intellect, man is also capable of
metaphysical knowledge, even if he must, for the most part, be satisfied
with it in the approximate form suited to his discursive faculties
(Thomassen , –). The condition of man attaining this knowledge
is that he purify his intellect of its attachment to the sensory forms of
space and time. He achieves this through the practices of abstraction
and speculation, the three speculative sciences – (Aristotelian) physics,
(Euclidean) mathematics, and metaphysics – constituting in fact a hier-
archy of ways of perfecting the human intellect (). In other words, the
human intellect accedes to metaphysical knowledge only to the degree
that it transforms itself into an approximation of the divine. Man only
comes to grasp the simple non-embodied substances to the extent that
he ‘participates’ in the simple divine intellect that emanates them ().
Abstraction and speculation in metaphysics thus assume the form of
spiritual exercises, representing a work of self-purification performed by
the intellect on itself.
Three features of Thomassen’s account are of particular significance
for our conjectural outline of the culture of university metaphysics. First,
the reciprocal relation between the knowledge of metaphysics and the
‘spiritual’ or moral constitution of its bearer means that metaphysics is
always shadowed by a particular moral anthropology. In Albert’s
Aristotelian version this reciprocity is focused in the figure of the ‘sepa-
rated’ or non-embodied substantial forms. For these are both the object
that man strives to know in order to have access to ‘being as being’; and
they are also the principles that make everything knowable, to which man
accedes only by perfecting his own substantial form, his intellect. Of
course, the particular character of this reciprocity between the metaphys-
ical subject and object alters when the Aristotelian substantial forms are
replaced by the Scotist treatment of being in terms of the divine intellect’s
non-contradictory intelligising of possibilia, some of which it then wills
into actual existence (Möhle ). But this does not alter the fundamen-
tal ‘ascetic’ reciprocity between the object and subject of metaphysics.
For, in Scotist metaphysics, it remains God’s simple, spontaneous, and
intuitive intellect that is responsible for the non-contradictory intelligising
of the possible concepts; and it is still man’s duplex, sensible–intellectual
subjectivity that must be purified through abstraction in order to qualify
University metaphysics
it for knowledge of this object (Honnefelder , –). Seen in this
light, Sparn’s distinction between ‘Lutheran’ and ‘Calvinist’ metaphysics
– the former insisting that the limits of the human intellect preclude its
‘philosophical’ participation in divine intellection, the latter arguing that
such participation is possible for a suitably purified intellect – does not rep-
resent the difference between a truly theological and a merely ‘theosoph-
ical’ metaphysics. Instead, it points to a confessional variation in the
anthropology being used to configure the intellectual deportment of the
metaphysician.
Second, the manner in which the metaphysical anthropology ties the
knowledge of its objects to the moral constitution of its bearer also holds
the key to the discipline’s ‘ascetic’ or self-transformative character.
Albert regarded the gap between human and divine intellection as the
enabling condition of metaphysics. By separating man’s natural desire
for knowledge from its satisfaction, this gap creates the need for a
specifically metaphysical knowledge – that is, for knowledge of things in
the pure form in which they emanate from the divine intellect
(Thomassen , –). Through the teaching that only God has full
possession of metaphysical knowledge, man comes to know himself as
the being who seeks this knowledge and whose perfection lies in its
attainment. For, unless metaphysical knowledge were inaccessible to
man, he would not desire it (–). This is why Albert says that meta-
physics is founded in wonder – the impact of man’s ignorance on himself
– which causes him to turn from the practical to the theoretic life, as the
only way of overcoming his deficit (–).
For Albert, of course, man’s desire for metaphysics comes ultimately
from God, whose perfect contemplative felicity makes his condition the
most desirable possible. From a properly historical perspective, however,
it is the paideia of metaphysics itself – inculcated in religious or academic
institutions dedicated to grooming the spiritual elite – that is responsible
for inducing the desire for metaphysical knowledge. It does so by
imbuing its novices with a view of themselves as beings cut off from
divine intellection by the sensible embodiment of their intellects.
Through this anthropologically induced pathos, apprentice philoso-
phers are disposed to relate to themselves as beings whose true selves lie
in the pursuit of metaphysical knowledge. This mode of relating to
themselves in turn impels their adherence to metaphysics as an ethos; for
it leads them to treat the discipline of metaphysics as the means of pur-
ifying their sense-affected intellects, hoping thereby to realise the pure
one in which the intelligible forms of the world will be revealed. We may
The metaphysical ethos
pause to observe how profoundly this alters our understanding of Kant’s
doctrine of the inaccessibility of noumena – the intelligibles created
through divine intellection – to human understanding. We should regard
this doctrine neither as if noumena were real entities lying beyond
human intelligence (the ‘metaphysical’ interpretation), nor as if they
were null posits designed to restrict reason to empirical experience (the
‘phenomenalist’ interpretation). Instead, we can treat the inaccessibility
of the Kantian noumena as the latest variation in a longstanding paideia
designed to induce the pathos of metaphysical longing and the ethos of
intellectual self-purification. This paideia continues to work its magic
even on today’s philosophers (Holzhey ).
Finally, in tying human perfection to the characteristic life-activity of
the metaphysician, the self-transformative function of university meta-
physics gives rise to a particular claim to moral and social authority.
Here, in defending the vita contemplativa as the highest form of life – on
the basis of Aristotle’s subordination of civil well-being to contemplative
happiness – Albert again prefigures a key tendency of the whole culture
of university metaphysics. Thomassen argues that the Aristotelian hier-
archy of forms of life is based on the fundamental distinction between
activities undertaken in order to realise some end and those undertaken
for their own sake. Perfect happiness arises only from the latter kind of
activity; for, by being its own end or good, such activity depends upon
no goods outside itself, thereby unifying all the goods and becoming
autarkic (, ). Contemplation is the only activity of this kind,
which means that contemplative happiness is the highest possible and
the contemplative life the most virtuous, as man is perfectly happy only
when he possesses all the virtues.
Civil happiness though arises from activity undertaken in accordance
with a single virtue: prudence (, ). Prudence is the form of all the
civil virtues, as it is the principle of acting to realise some end, typically
the political and commercial ends of civil life. The man of justice or polit-
icus perfects the virtue of prudence, and his role is to realise the civil
security required for the man of wisdom or philosophus to pursue the true
end of humanity, speculation. Despite the fact that prudence plays a nec-
essary role in providing the personal and social tranquillity required for
speculation, it cannot be compared with the summa of the virtues in con-
templation, which means that civil happiness is only a preparatory stage
for contemplative happiness. This is because, through theoretical activ-
ity, the higher part of the soul is enlightened by the active intellect, per-
mitting it to ‘touch’ the domain of the intelligences, thereby perfecting
University metaphysics
man. Prudential activity and civil happiness, though, are viewed as prod-
ucts of the lower or ‘unenlightened’ part of the rational soul, governed
by the ends of useful action in the civil world (–). Here we can see
the genesis of the entire line of ‘anti-consequentialist’, anti-civil moral
and political philosophy – from Leibniz through Wolff to Kant and
beyond – whose hostility to civil prudence is grounded in the self-sacral-
ising cultivation of contemplative autarky.
With this account of metaphysical anthropology as an instrument for
the spiritual grooming of a ‘contemplative’ intellectual elite, we com-
plete our fourth and final observation on the history of metaphysics as
the philosophical subsumption of theology. We have argued that the
return of metaphysics to the early-seventeenth-century Protestant uni-
versity was driven by the exigencies of confessional conflict rather than
the need to recover man’s rational being. Rather than responding to a
rational need for the unity of ‘philosophy’ and theology, it imposed this
unity – in conflicting ways – at the behest of confessional theologies.
Further, rather than bequeathing a rational philosophical theology to
the Enlightenment, the philosophical explication of the Christian mys-
teries in Schulmetaphysik gave rise to natural theologies in which the ends
of Christian metaphysics would be pursued via ‘rationalist’ means.
Finally, in grasping that the metaphysician returned to the academy not
as the subject of reason but as the bearer of an elite self-sacralising
culture, we have begun to grasp the source of the authority wielded by
this personage. We shall conclude our overview of university metaphys-
ics with a few remarks on this last topic.
.
In responding to the account of the return of metaphysics as a purely
rational–philosophical phenomenon, we have begun to show its role in
the confessional–political circumstances of early modern Germany,
concentrating on the cultural authority claimed by university philoso-
phers as a particular estate. By cultivating insight into the transcendent
concepts and laws of a divinely intelligised universe, metaphysically
trained philosophers could present themselves to bishops and princes as
uniquely able to discern the true ends of church and state. At the same
time, the reciprocity between religious and civil discipline in early-
seventeenth-century cities and states provided political metaphysicians
with a context well suited to the reactivation of this ostensibly ancient
form of spiritual–political authority. In this religiously charged political
Political metaphysics
environment – in which conflicts between Empire and territorial state
were deeply informed by those between opposed confessional-political
estates – university philosophers could seek to shape civil governance in
accordance with their quasi-sacral role as ‘Christian philosophers’.
This is, of course, a highly idealised portrait. In seeking to provide it
with concrete historical anchorage – by briefly discussing the Politica
() of Johannes Althusius – we encounter all the difficulties of
attempting to clarify the significance of abstract thought in highly
ramified historical–political circumstances (Althusius ; Friedrich
). Althusius was a political philosopher rather than a university
metaphysician and, as Robert von Friedeburg has shown, his Politica rep-
resents a sophisticated attempt to configure the political relations
between the Empire and the territorial estates (Friedeburg ).
Nonetheless, without dissenting from Friedeburg’s account, we may
observe that Althusius relies on several leading Calvinist metaphysicians
and theologians, including Keckermann, Zanchius, Aretius, Ursinus,
and of course Calvin. Moreover, as Sparn has argued, in providing an
overarching theological ordering of the contents of politics, ethics, and
jurisprudence, Althusius’ Politica is a characteristic instance of confes-
sional Schulphilosophie (Sparn ). In the Preface to the third edition we
thus find Althusius arguing that: ‘I claim the Decalogue as proper to
political science insofar as it breathes a vital spirit into symbiotic life, and
gives form to it and conserves it, in which sense it is essential and
homogenous to political science and heterogeneous to other arts . . . No
one denies, however, that all arts are united in practice’ (Althusius ,
).
This theological framing of politics, however, is only a pointer to
Althusius’ central political–metaphysical construct: his concept of ‘uni-
versal symbiotic communion’ (communio symbiotica universalis). In stressing
his difference from those, like Bodin, who locate sovereignty in the
prince and the supreme magistracy, Althusius insists that it resides in the
‘universal consociation’ or ‘the people’. For Althusius, sovereignty comes
from the associated people because the conservation of their welfare,
which forms the end of politics, arises not from the exercise of princely
power, but from the communication of rights and capacities in univer-
sal symbiosis: ‘Universal symbiotic communion is the process by which
the members of the realm or universal association communicate every-
thing necessary and useful to it, and remove and do away with every-
thing to the contrary’ (, ). By grounding political right in a
communion of the people that is simultaneously spiritual and material,
University metaphysics
the Politica achieves the integration of religious and civil governance,
which is the hallmark of confessional political theologies:
Universal symbiotic communion is both ecclesiastical and secular. Correspond-
ing to the former are religion and piety, which pertain to the welfare and eternal
life of the soul, the entire first table of the Decalogue. Corresponding to the
latter is justice, which concerns the use of the body and of this life, and the ren-
dering to each his due, the second table of the Decalogue. In the former, every-
thing is to be referred immediately to the glory of God; in the latter, to the utility
and welfare of the people associated in one body. These are the two founda-
tions of every good association. (Althusius , )
This metaphysical grounding of right and law in the spontaneous
spiritual and physical communication between community members
holds the key to Althusius’ political and religious doctrines. It allows him,
for example, to include both tables of the Decalogue in his conception
of natural law, on the grounds that this law expresses the fundamental
forms of spiritual and civil communion of the ‘symbiotes’. Further, it
also permits him to insist on the superiority of this theologically
informed natural law over the civil law propounded by jurists and
princes: ‘For there is no civil law, nor can there be any, in which some-
thing of natural and divine immutable equity has not been mixed. If it
departs entirely from the judgment of natural and divine law ( jus natu-
rale et divinum), it is not to be called law (lex). It is entirely unworthy of this
name, and can obligate no one against natural and divine equity’ (,
). Finally, and most importantly, Althusius’ metaphysical conception of
political community lies at the root of his construction of popular sove-
reignty. For it allows him to argue – against Bodin’s political jurispru-
dence and Machiavelli’s reason of state – that supreme political power
comes not from the sovereign’s role in securing social peace, but flows
instead from the symbiotic community, as the means by which it enforces
the forms of its spiritual and civil communion (–).
Given his desire to ground political sovereignty in a morally associated
people, and given their desire to find precursors for a rationally grounded
democratic sovereignty, it is not surprising to find post-Kantian philo-
sophical historians embracing Althusius in these terms. Beck, for
example, while acknowledging a ‘moderate’ degree of religious intoler-
ance in the Althusian polity, sees the concept of political symbiosis as a
‘naturalistic’ expression of Calvinist rationalism that anticipates theories
of the secular democratic state (Beck , –). Similarly, Schmidt-
Biggemann regards Althusius’ conception of natural law as anticipating
the enlightenment subordination of positive Staatsrecht to a higher moral
Political metaphysics
law, even if the confusion of moral and religious community in the con-
fessional period proved an obstacle in this regard (Schmidt-Biggemann
b). Historians of political thought have begun to show how inaccu-
rate this view is, particularly given Althusius’ use of ‘popular sovereignty’
as a means of defending the political rights of the territorial estates
against those of the Empire (Friedeburg ; Skinner ). Given our
interest in Althusius as a political metaphysician, however, our attention
is focused on the manner in which the concept of symbiotic communion
superimposes the religious on the political community.
In this regard, it is crucial to observe that Althusius’ symbiotic com-
munication is grounded in the metaphysical concept of the spiritual
community and the religious figure of the communion of the saints in
Christ’s mystical body. Althusius’ account of the role of the provincial
religious estate (Geistliche Stand) shows just how tightly these conceptions
bind the religious and civil concerns of the Politica:
A collegium of pious, learned and most weighty men from the collegia of pro-
vincial clergymen, elected and commissioned by common consent, represents
the sacred and ecclesiastical order. Entrusted to this collegium is the examina-
tion and care of doctrine, of public reverence and divine worship, of schools,
of ecclesiastical goods and of the poor. Indeed, the care of all ecclesiastical busi-
ness of the holy life in the entire province is entrusted to it in order that all the
saints may unite for a common ministry, and constitute one mystical body.
(Althusius , )
If the conception of symbiotic communion permitted Althusius to
ground sovereignty in moral community, then it simultaneously allowed
him to conceive of a civil exercise of religious authority, designed to
conform the fallen civil community to its spiritual archetype. This
merging of religious and civil discipline is particularly apparent in his
account of the provincial presbyters, ‘to whom is assigned the adminis-
tration of ecclesiastical things – that is, the administration of things
other than the word and sacraments – for holding the saints together, for
the work of the ministry and for building up the body of Christ’. He con-
tinues:
Upon the presbyters rests especially the care of those things that have been insti-
tuted for arousing repentance in the brethren and for conserving discipline.
Therefore, together with bishops, who are properly called presbyters, they
preside over censorship of morals. Their office is also to observe that ministers
perform their duties, and to disclose errors, schisms, scandals, and public neces-
sities to the ministers for the purpose of producing prayers and repentance.
(, )
University metaphysics
It is also on this basis that ‘the presbytery receives from God the power
of the keys by which the kingdom of heaven opens and closes’ ().
Writ large, the Politica provides a political theology for the Protestant
territorial state of the pre-Westphalian period. It seems likely, however,
that its concrete political correlate is to be found in the governance of the
Imperial city-state, jointly ruled by councillors and presbyters. In fact, in
the Calvinist city-state of Emden, where Althusius held the position of
Syndic or chief magistrate from to , we find a practice of pres-
byterial governance strikingly like that outlined in the Politica. Heinz
Schilling’s research in the Emden presbyterial archives gives us some
sense of the way in which Althusius’ programmatic identification of spir-
itual and political community was played out in historical reality
(Schilling ). In showing how the city presbyters used ex-communica-
tion (‘the power of the keys’) to punish a wide variety of civil misdemea-
nours – drunkenness, fights between neighbours, sexual transgressions –
this research shows that it was in fact the circle of communicants that
formed the model for the political community. Breaches in the moral
purity required for holy communion thus led to disqualification from civil
association. In short, while Althusius sought an appropriate figuration for
the governance of the city and the state, his Politica was grounded in the
political metaphysics of the church, as the kingdom of God on earth.
By grounding civil authority in moral community, the political meta-
physics of universal symbiotic communion allowed Althusius to attack
Bodin’s purely political–juridical conception of sovereignty. But this
metaphysics simultaneously committed him to using civil authority in
order to enforce moral community. As we noted in the Introduction, in
attacking political metaphysics Thomasius alleged just such a homology
between the merging of theology and the civil sciences in ‘sectarian phi-
losophy’, and the merging of religious and civil power in the confessional
state. It was for this reason that civil philosophy emerged as a profound
repudiation of all forms of university metaphysics, Catholic and
Protestant, secular and theological.
Civil philosophy
. :
Having sketched the limits of the social-theoretic and philosophical–his-
torical approaches to civil philosophy and the civil sciences, we may now
turn to some accounts that take us closer to the ‘merciless sobriety’
required to address this philosophy in its sheer historicity. These are
accounts for which the political-jurisprudential character of civil philos-
ophy signifies not the alienation of expertise from community, but its
emergence from particular expert communities. Further, for these
accounts, civil philosophy’s emergence through opposition to various
political theologies signifies not its failure to reach beyond historical con-
tingency to transcendent philosophy, but the historical contingency of
philosophy itself.
Such accounts are given not in social theory or philosophical history,
but in the historiography of political and jurisprudential thought. In dis-
cussing some representative instances of this historiography we shall be
Civil philosophy
concerned to clarify a particular question: namely, the relation between
political and jurisprudential conceptions of the desacralisation of civil
governance. For this holds the key to understanding what is meant by
‘civil’ in civil philosophy. In clarifying the approach of the political his-
torians we shall take Richard Tuck’s work on Philosophy and Government
– as broadly indicative of the ‘Cambridge school’ view, while
Horst Dreitzel’s study of Henning Arnisaeus represents a characteristi-
cally German approach to the empirical history of political thought
(Dreitzel ; Tuck a). For a distinctively jurisprudential treatment
of the emergence of a desacralised conception of politics, we shall be
indebted to several remarkable essays by Martin Heckel (Heckel
–).
Despite his own call for a renewed attention to ‘modern’ natural law,
Tuck’s study traces early modern civil philosophy to the intellectual tra-
dition of civic humanism and the political milieu of civic republicanism
(Tuck ). Like some other members of the Cambridge school, he
looks to civic humanism for the intellectual sources of a detheologised
philosophy, and to the figure of the political humanist – joined to the
prince through the roles of educator and political secretary – for the
nexus between philosophy and government (Pocock ; Skinner ).
Anchoring his account in the early modern commercial republics of
Northern Italy and the Netherlands, Tuck argues that it was the recov-
ery of Ciceronian political humanism in these settings that allowed a
civil philosophy to break away from Aristotelian scholasticism, by rein-
vesting virtue in the life of active participation in the affairs of the repub-
lic (Tuck a, –). Focused in the genre of ‘advice to the prince’, and
combining a liberal constitutionalism with enough scepticism about the
transcendent to focus the mind on the city, this Ciceronian humanism
provides the framework for Tuck’s account of civil philosophy.
Significantly, it is not jurisprudence that provides the tension driving
Tuck’s history, but another form of humanism: the ‘new’ humanism that
he characterises through the trio ‘scepticism, Stoicism and raison d’état’.
The sources of this humanism lay not in Cicero’s constitutional republi-
canism but in the statist histories of Seneca and Tacitus, whose moral
scepticism and political pessimism found their answering milieu not in the
commercial republic but in states requiring extreme measures to deal with
the circumstances of religious civil war (Tuck, a –). Despite his
descriptive treatment of scepticism and Stoicism – explored via Lipsius’
programme for cultivating the deportment of ‘constancy’ required to face
the vicissitudes of religious civil war – a certain ambivalence surrounds
Sources of the civil: politics and law
the third term of Tuck’s new humanism, reason of state. For it is reason
of state – the sovereign’s use of extra-constitutional measures to preserve
the state – that conflicts most sharply with the ‘constitutional’ political
virtues of Ciceronian humanism.
In relying on this inner tension between constitutional and statist
political humanism, Tuck’s history of civil philosophy begins to assume
a dialectical character. In fact the ‘civil’ or desacralised politics of civic
humanism is seen as oscillating between its two opposed forms. Tuck
thus treats the political Aristotelians, Arnisaeus and Clapmar, as assim-
ilating Tacitean reason of state to the old Ciceronian humanism. They
do this via a concept of political order that allows the prince to break
lower-level laws while nonetheless restraining his authority within a nor-
mative constitutional order (a, –). Tuck also views the refurbish-
ing of scholastic natural law by Molina and Suárez in accordance with
the same dialectic, treating their elaboration of metaphysical laws
binding on the prince as another version of ‘liberal humanist’ constitu-
tionalism (–). Finally, he regards Grotius’ natural law as culminat-
ing in the drive to mediate the constitutionalism of republican
humanism and the statism of its Tacitean rival.
According to Tuck, Grotius’ achievement of this reconciliation in the
De Indis is marked by a reciprocity between the individual’s right to self-
preservation and the prince’s right to preserve the state; for the fact that
these rights are reciprocal – being held together by the political contract
– means that the power of the state comes ultimately from the ‘consti-
tutional’ consent of individuals (a, –). Tuck concludes,
however, by stressing the fragility of this reconciliation. For, after his per-
sonal experience of religious persecution at the hands of the Dutch
Calvinists, Grotius’ writings shifted focus to the theme of the need for a
state-enforced religious toleration, culminating in the revised natural law
doctrine of De Jure Belli ac Pacis (). Here, religion is considered solely
in terms of its political utility, and the preservation of the citizens also
takes on a purely utilitarian character, becoming the absolute source of
the state’s power over them (–). With this Tacitean turn, Tuck
argues, Grotius forfeits the balance between republican and statist
humanism he had achieved via the natural law notion of consent.
For all that can be learned from it, Tuck’s account of early modern
civil philosophy encounters certain perspectival limits. These arise in
fact from the manner in which he derives the ‘civil’ character of this phi-
losophy – its detheologised form and secular political function – from the
tension between the two kinds of political humanism. For these two
Civil philosophy
humanisms are in fact the loci for different conceptions of the secular-
isation of politics: the ‘Ciceronian’ one grounded in the ethics of civic
participation in a constitutional republic; and the ‘Tacitean’ conception
grounded in the statist pursuit of social peace, using extra-constitutional
means to cope with religious civil war. The play between these two
sources of civil philosophy’s secularised character gives rise to a
certain instability in Tuck’s history, which is the source of its two central
limitations.
In the first place it leads to a significant ambivalence in Tuck’s con-
ception of the political. Despite his endeavour to provide a neutral his-
torical contextualisation for the two kinds of humanism, there can be
little doubt that the image of the Ciceronian humanist – defending the
virtue of political participation in the commercial republic – functions
as an implicit norm for Tuck’s history. This image represents both the
normal course for the secularisation of politics, and a model for the role
of political intellectuals. As a result, the statist politics designed to cope
with religious civil war tend to lose their historical neutrality and appear
instead as abnormal responses to extreme circumstances. In discussing
Pibrac’s ‘Tacitean’ defence of the St Bartholomew’s Day Massacre,
Tuck remarks that it ‘illustrates how extreme were the circumstances
which called Tacitism into existence and broke Cicero’s hold on human-
ists’ (a, ). This tends to prejudge the historical issue, however; for,
from a purely historical viewpoint, the capacity for unbridled religious
warfare is no less normal than the capacity for irenic commercial repub-
licanism. Concomitantly, extra-constitutional constructions of politics –
in terms of the instrumental exercise of sovereign power to achieve
social peace – are no less normal than constitutionalist conceptions,
based on the participation of citizens in the governance of the republic.
To the extent that this instability over the political informs Tuck’s
approach to ‘modern’ natural law – the metonymic discipline of civil
philosophy – then it gives rise to a parallel ambivalence in this context
too. In treating Grotius’ natural law as slipping from a constitutionalist
into a statist form – under the pressure of religious oppression – Tuck’s
account tends to skew the manner in which this natural law would be
taken up in the German context by Pufendorf and Thomasius. For
Pufendorf and Thomasius were elaborating a civil philosophy under his-
torical circumstances in which religious civil war was the norm, and in
which statist conceptions of sovereignty were central to the desacralisa-
tion of politics. In his Foreword to Grotius, Thomasius traces these con-
ceptions not to ‘scepticism, Stoicism and reason of state’, but to a new
Sources of the civil: politics and law
form of natural law informed by positive jus publicum or Staatsrecht. In
developing their versions of natural law, Pufendorf and Thomasius thus
drew on a conception of the political far removed from both Ciceronian
civic republicanism and Tacitean reason of state. Further, they did so
under circumstances in which German political jurisprudence had
already played a major role in the desacralisation of politics. In order to
clarify further the role of the political and jurisprudential sciences in the
formation of civil philosophy we must address both of these issues: the
statist secularisation of politics arising from German political science,
and the juridical desacralisation of governance arising from German
Staatsrecht.
As far as the role of political science is concerned, Horst Dreitzel’s
reconstruction of early-seventeenth-century ‘political Aristotelianism’ –
in particular the work of the Helmstedt professors Henning Arnisaeus
and Hermann Conring – provides a convenient starting point; for
Dreitzel’s account of Arnisaeus differs from Tuck’s in a manner that is
significant for our larger concerns. Unlike Tuck’s Arnisaeus – whose
conception of political order imposes constitutional normative limits on
the actions of the prince – Dreitzel’s Arnisaeus conceives of political
order as the historical form of rule or domination characteristic of a par-
ticular kind of society. In fact there can be little doubt that Arnisaeus
treats political order not as a constitutional order imposing normative
limits on the prince’s conduct, but as an empirical reality whose mainte-
nance constitutes the ‘scientific’ end of the prince’s political action
(Dreitzel , –). That this is so is shown most strikingly by the fact
that Arnisaeus justifies extra-constitutional political measures – includ-
ing political murder – if these were required for the preservation of the
state (–). Tyranny for Arnisaeus is defined not by the breach of
constitutional norms but in a quite different manner: namely, by the
prince’s pursuit of his personal interests in a manner incompatible with
his role as a political expert responsible for diagnosing and eradicating
threats to the political order.
These local facts are only pointers to the significantly different concep-
tion of the political or civil arising from Dreitzel’s account of Arnisaeus,
whose fascinating detail we can summarise in three broad points. In the
first place, while the political Aristotelians were humanists in the sense of
adapting classical texts and wisdom to deal with contemporary problems,
they were not humanists in the Cambridge school sense of functioning as
‘humanistic–rhetorical’ educators and secretaries to the prince. As pro-
fessors of political science at the University of Helmstedt who were also
Civil philosophy
advisors to the dukes of Brunswick-Wölfenbuttel, Arnisaeus and Conring
drew their expertise not from Cicero or Tacitus, but from a combination
of Galenic ‘medical empiricism’ and the ‘scientific’ analytic–synthetic
method of Paduan Aristotelianism (, –). Rather than being seen
as virtuous participation in civic affairs, in this intellectual setting politics
was understood as the expert ‘diagnosis’ and elimination of pathologies
threatening the political order (–).
Second, it may be observed that the secularisation of politics entailed
by Arnisaeus’ discipline was not the result of a neo-pagan recovery of
civic humanism. Rather, it arose from the particular manner in which
his science of political order was elaborated to meet the threat of relig-
ious civil war. In reconstructing politics in terms of the instrumental
maintenance of any historically existing form of rule, Arnisaeus sought
to render it autonomous of scholastic moral philosophy in general. In
particular he sought to free politics from its Aristotelian conception as
the form of rule required to realise man’s moral nature or his moral com-
munio. ‘Where it is concerned with law-making for citizens or the
appointment and deposing of rulers’, Arnisaeus argues, ‘then a [politi-
cal] prudence directed to the public good follows neither the commands
of ethics nor those of the church, because these are all exclusively polit-
ical matters’ (Dreitzel , ). As a result, Arnisaeus was hostile to
both Althusius’ conception of a sovereignty based in the people’s
moral–religious communio, and to all attempts to ground politics in
transcendent natural law – whether these arose from Melanchthon’s
Protestant natural law or from Suárez’s Jesuit version. In purporting to
subordinate the sovereign’s legislative acts to ‘legal’ norms lying beyond
his positive commands, natural law jeopardised the autonomy of poli-
tics and the stability of the political order. Further, it threatened to allow
jurists to slip their role as servants of the sovereign’s positive laws and
take on the mantle of moral philosopher. ‘I believe’, Arnisaeus pro-
claims, ‘that there is no more accurate distinction than that between law-
making [Gesetzgebung] and legal judgment [Rechtsprechung]. Law-making
is not the task of jurists but of kings and statesmen’ (). Arnisaeus thus
sought to make the concept of the state independent of all moral–phil-
osophical and religious foundations, conceiving it as the instrument of
an autochthonous exercise of political domination: ‘We learn and teach
politics not to gain knowledge through it but so that we can direct the
state in accordance with its precepts . . . In its constituent elements, of
those who rule and those who obey, however, that state will have been
built by the statesman himself . . . The immediate end of political action
Sources of the civil: politics and law
is the state itself, because when it is set up in the right way, the human
groups belonging to it live happily’ (). The anti-democratic or ‘abso-
lutist’ character of Arnisaeus’ conception of politics was thus not a
feudal hangover. Rather it was a direct consequence of the manner in
which he sought to autonomise politics by expelling the church from the
state, seizing that eternal ecclesiological stalking-horse – the moral com-
munity – and transforming it from the source of sovereign power into
the latter’s main target.
Finally, we may observe that the context for Arnisaeus’ and Conring’s
elaboration of a secular science of politics was not provided by a com-
mercial republic, but by one of the several ‘political enterprises’ to be
found in Germany prior to the Treaty of Westphalia: namely, the would-
be sovereign territorial state of Brunswick-Wolfenbüttel. In aspiring to
the creation of such a state, specifically through the territorial incorpo-
ration of the imperial free city of Brunswick, the dukes of Brunswick-
Wolfenbüttel engaged in such characteristic undertakings as the political
integration of the estates (nobility and clergy), and the ‘cameralistic’
development of their territory’s social and economic infrastructure
(Schorn-Schütte ). The founding of the Academia Julia in , and
the appointment of the circle of humanist scholars to which Arnisaeus
would belong, was an integral part of these activities. Successive dukes
thus saw the university as a source of the clergy and politici required by
a territorial state, and regarded the training in politics in particular as a
means for the political integration of the nobility (Baumgart ).
Dreitzel thus regards Arnisaeus’ secular political science – whose
‘absolute’ character was focused in his rejection of any contract between
sovereign and citizens and his treatment of politics as a technical
problem of domination – as suited to the construction of an absolute
state under circumstances of confessional conflict. The objective corre-
late of Arnisaeus’ profound detheologisation and instrumentalisation of
politics was the transformation of Brunswick-Wölfenbuttel’s nobility
into a political elite, one equipped with a science that would allow it to
subordinate all other religious and political interests to those of the ter-
ritorial sovereign (–).
Juridical and natural law doctrines, however, play only a subordinate
role in Dreitzel’s account of the emergence of a desacralised politics, as
is the case with the Cambridge school account. In Dreitzel’s case this
seems to arise from his view that natural law in particular has been cap-
tured by social theories of the political, several modern versions of
which – including Brückner’s – he has submitted to searching criticism
Civil philosophy
in an important series of articles (Dreitzel ; Dreitzel ; Dreitzel
). In any case, it is clear that Dreitzel regards the construction of an
autonomous secular conception of the political by the Helmstedt neo-
Aristotelians as the achievement of a non-juridical, purely political
science. Natural and positive law play a subordinate role in this setting;
the former providing the exercise of power with a juridical form, and the
latter being regarded as one of the regalia or royal rights (Dreitzel ,
–). As a result, Dreitzel regards the rise of natural law doctrines
in the second half of the seventeenth century – especially those of
Pufendorf and Thomasius – as signalling the lapsing of the ‘scientific’
autonomy of politics in favour of a normative theory of sovereignty
(Dreitzel ; Dreitzel b).
For all that we have learned from it, however, there are several reasons
for thinking that Dreitzel’s account overstates the role of Helmstedt
political Aristotelianism, and underestimates that of jurisprudence in
the emergence of a desacralised conception of civil governance. First,
as Dreitzel himself comments, in addition to neo-Aristotelian political
science there were several other intellectual movements seeking to con-
struct the autonomy of the political in seventeenth-century Germany,
including Lipsian neo-Stoic ‘political psychology’, Protestant political
jurisprudence (Staatsrecht), and Pufendorf ’s statist natural law and
political history. Without doubting Dreitzel’s claim that political
Aristotelianism gave rise to a distinctive conception of the secular auton-
omy of politics, there is no need to treat this either as pre-eminent or as
incapable of joining the other modes – just as Stolleis argues that Lipsian
neo-Stoicism flowed into the practice of Staatsrecht as part of the ethos of
the political jurists (Stolleis , –). Second, in order to demon-
strate the pre-eminence of the political over the juridical, Dreitzel has to
do more than show that Arnisaeus and Conring treated positive law as
the form in which the sovereign exercised rule. For, even if Dreitzel is
right that utility trumped justice in this secularisation of the political, this
does not explain the aptness of German Staatsrecht for such a desacral-
ised exercise of sovereignty. As we shall see, this aptness had an indepen-
dent source, arising from the manner in which German politics itself had
been juridified during the sixteenth and seventeenth centuries. Finally,
once we have done justice to the secularising work of positive political
jurisprudence, then, in the chapter’s final section, we shall see that
Pufendorf ’s and Thomasius’ natural law was not in fact a continuation
of earlier normative ‘social’ theories of politics. Rather, it was an
attempt to transform these theories in the wake of the detheologisation
Sources of the civil: politics and law
of politics arising from its juridification in Staatsrecht and its instrumen-
talisation in absolutist political science. In order to overcome these lim-
itations in Dreitzel’s approach, we must move from the political history
of civil philosophy to its juridical historiography.
In , as part of a wide-ranging attack on scholastic moral philos-
ophy, Thomasius identified several reasons for Protestant universities to
teach German jus publicum or Staatsrecht, as an academic discipline dis-
tinct from Roman law. Initially, he argues, learned legists and glossators
such as Bardolus and Hotman had attempted to use the Roman-law
construction of majestas in order to model the new forms of territorial
sovereignty which were emerging in the German Empire. This was to
prove insufficient: ‘When though in our time high potentates and their
ministers observed that this old method explained little, and that the
Respublica Germanica, [while] bearing the title of the Holy Roman
Empire, differs completely from the ancient Roman Republic, then it
became necessary to separate the doctrine of public law [ Juris publici]
from the profession of Justinian law [ Juris Justinian], if one wished . . .
to teach it to scholarly youth’ (KTS, –). The reasons for the teaching
of the new jus publicum or political jurisprudence were however more
immediate and more pressing, because they flowed from its use by all
parties to formulate the conduct of the Thirty Years War and the peace
that ended it:
When therefore during this war the parties on both sides advanced claims and
arguments that were in fact largely grounded in [appeals to] the form of the
German Empire, this opened the way for the scholars to apply themselves to
study this more assiduously. And it helped not a little that other [scholars]
sought to explicate the same arguments on the basis of their principles, through
other writings and systems of public law [Juris publici] . . . When though after
the Thirty Years War the electoral princes began to extend the peace treaties
further and further, and through this the estates, especially the princes, appar-
ently expanded their privileges; and, additionally, when through the instrumen-
tum pacis Caesareo-Svecicum . . . the rights of the estates were strengthened –
although from both new controversies arose – then many estates have consid-
ered it useful that Jus publicum be taught in their universities, either privately or
publicly; so that for any case arising one would have people available skilled in
claiming the rights [Jura] of the high potentates through public writings. (KTS,
–)
In his studies of Protestant political jurisprudence, Martin Heckel
confirms and deepens Thomasius’ eye-witness account of the emer-
gence of Staatsrecht as an instrument for the regulation of confessional
conflict. In doing so, he elucidates the role of positive jurisprudence in
Civil philosophy
the desacralisation of civil governance. At the centre of Heckel’s
account lies the argument that this secularisation was not a symptom of
a general process of rationalisation – whether grounded in the
Reformation’s division of worldly and spiritual government, the emer-
gence of bourgeois society, or the gradual philosophical self-assertion of
human reason. Instead, he argues, desacralisation assumed a specific
and limited historical form – that of ‘juridification’ – as a result of the
fact that Protestant political jurists were forced to deal with the stagger-
ing problems of confessional politics and religious civil war in the only
way they could, by juridifying them (Heckel , –). Heckel thus
sees the desacralisation of civil governance – the detheologisation of
political thought, the separation of church and state, the emergence of
religious toleration as the prime ‘liberal’ right – arising neither from a
secular–rational philosophy, nor from Roman law as such, but from a
unique set of intellectual and historical circumstances. These were
circumstances in which, once it became abundantly clear that the relig-
ious wars were incapable of theological adjudication or military-politi-
cal termination, Protestant jurists developed a series of measures
designed to end the conflicts by securing the coexistence of the confes-
sions within the legal framework of the Empire. Beginning with the
Peace of Augsburg in , and continuing through to the Treaty of
Westphalia in , the desacralisation of the Imperial framework
resulting from these measures led to the formation of a ‘non-confes-
sional or supra-confessional order of coexistence between the two great
confessional blocks’ (Heckel , ).
Heckel identifies the central features and effects of these measures
under five main themes. First, there was an attempt to rescue the Empire
from the splitting of its religious foundations by reconstituting its unity
in secular–political terms. This attempt to salvage a political unity for
the Empire from the fragmentation of the church was, however, only
partially successful, as both Protestants and Catholics continued to view
this unity as grounded in the notion of ‘the one true church of Jesus
Christ’, which both believed themselves to be (Heckel , –).
Second, the legal coexistence of the confessions was pursued through a
series of measures designed to establish ‘parity’ between them at the
level of their representation in the key institutions of imperial govern-
ance, the Reichstag and the Reichskammergericht. This mode of establishing
equality between the confessions depended on a far-reaching secularisa-
tion of the imperial constitution, as all of its various offices, privileges,
and protections had now to be distributed in a non-confessional manner,
Sources of the civil: politics and law
in accordance with a purely ‘instrumental’ political end – social peace
(Heckel ). Third, the secularisation (juridification) of political
governance witnessed the emergence of a purely secular-political
concept of peace, in place of the religious conception of pax Christiana.
This worldly concept of peace required that excommunicated heretics
be included in peace settlements such as Augsburg. It therefore gave rise
to confessional neutrality between states at the level of their Imperial
relations, even while allowing confessionalisation (the Jus Reformandi) to
proceed unabated inside state territories, on the principle of Cujus regio
ejus religio (Heckel , –). Fourth, somewhat paradoxically, the sec-
ularisation of the legal framework allowed a greater degree of freedom
for the religious. For theologians could also accept that a purely secular
legally regulated coexistence offered them the best protection from the
covert undermining of their religion by rival theologians (–). Finally,
and perhaps most importantly for our present concerns, the progressive
secularisation (juridification) of Imperial church law (Reichskirchenrecht)
led to a striking relativisation of its religious content. Given that this law
had now to apply to two theologically opposed confessions, its central
ecclesiological and liturgical concepts could no longer be defined in
terms of the existing theological systems. This gave rise to a form of
ecclesiastical jurisprudence that separated itself from Catholic and
Protestant church law by coming to view the governance of religion in
a non-theological manner, as a purely political problem. From this secu-
larised Reichskirchenrecht would grow the theologically indifferent
Staatskirchenrecht of Pufendorf and Thomasius (–).
It was indeed through this protracted elaboration of the political–legal
instruments required to deal with religious civil war that German politi-
cal or public law (Staatsrecht) gradually became independent of Roman
law, employing the latter’s categories as the scaffolding for these great
works of legal construction, but filling them with contents suited to pur-
poses unknown to the Roman legists (Stolleis , –). This does
not mean, however, that positive law emerged as a neutral instrument for
an exercise of power whose secular character arose from a ‘utilitarian’
political science of the Helmstedt kind. On the contrary, through its elab-
oration as a means of securing the political–legal coexistence of the
warring confessions, German Staatsrecht became the source of a
specifically juridical autonomising of political governance. This helps to
clarify the relation between politics and law in Arnisaeus’ absolutist polit-
ical science and, indeed, more generally. For it allows us to see that if
Arnisaeus’ prince exercised sovereign power in the form of positive law,
Civil philosophy
this was because Protestant political jurists had already detached
German jus publicum from all higher-level moral and theological ends,
thereby allowing it to be treated as a series of the purely instrumental
commands required to achieve social peace (Schmitt , –).
Rather than making a forced choice between politics and law as sources
of the desacralisation of civil governance, therefore, it is more histori-
cally appropriate to treat them as independent strategies converging on
this end – each drawing on the intellectual resources at its disposal in
order to forge instruments capable of meeting the challenge to govern-
ance posed by religious civil war (Stolleis , –).
One of the striking results of Heckel’s research is the demonstration
that many of the central features of a ‘liberal’ civil society – the secular-
isation of war and peace, the religious neutrality of law and politics, the
gradual acceptance of the ‘permanence of heresy’ which accompanied
the introduction of religious toleration – were not the result of a line of
transcendent philosophical reflection whose culmination would come in
the democratic natural law theories of the Aufklärung. We learn rather
that they arose as unplanned consequences of a whole series of juridi-
cal improvisations undertaken by anonymous political jurists seeking the
political–legal bases of social peace. Conversely, when we examine con-
temporary arguments on the need to ground positive Staatsrecht in a
‘higher’ natural law – such as Althusius’ argument that unless it were
founded in a natural law containing the Decalogue human society (‘sym-
biosis’) would be ‘a beastly congregation of vice-ridden men’ – we find
that they are in fact attempts by political metaphysicians to undo the
secularising effects of political jurisprudence (Althusius , ).
If, therefore, positive political jurisprudence was the source of an
independent juridical secularisation of civil governance – and if this
process of deconfessionalisation and instrumentalisation was a source of
‘moral’ consequences that we now identify with the emergence of a plu-
ralistic civil society – then we might expect that this role of political juris-
prudence would be reflected in the early modern civil philosophy of
Pufendorf and Thomasius. This is in fact the case. For what distin-
guishes their civil philosophy from political metaphysics – and what dis-
tinguishes their ‘profane’ natural law from neoscholastic natural law – is
just this fact: that it was elaborated in order render ‘practical philosophy’
(university ethics and politics) capable of reflecting the profound secu-
larisation of religious and political culture that had been taking place in
the political–jurisprudential sphere.
Civil philosophy and profane natural law
The problem with this solution, when seen from the viewpoint of
modern academic philosophy, is clear enough. Leibniz – having
explained the condition of the will in terms of knowledge of the divine
order – when asked why only some make use of this knowledge, answers
in terms of the condition of their will: everyone has access to the light
of knowledge ‘assuming that they want to use it’. This impending circu-
larity in the relation between the condition of the will and knowledge of
the metaphysical order is only postponed by reference to the intellectual
darkness of the damned souls, whose imbecility makes them obstinate
and whose obstinacy makes them imbecile. In either case Leibniz’s
Philosophical theology
explication does not leave the circle in which the sinful will is explained
in terms of lack of understanding and lack of understanding in terms
of the sinful will.
In fact, says Leibniz, ‘it must be conceded that those who have not
reached this point of spiritual perfection are only susceptible of obliga-
tion by hope and fear’ (PW, ). In other words, by providing a meta-
physical grounding for political obligation in rational self-governance,
Leibniz provides a metaphysical rationale for the exercise of political
coercion, treating it as compensating for the lack of intellectual perfec-
tion required for self-governance. He thereby re-establishes the sacral
linkage between political and spiritual governance, which now appears
in the demand that political authority be exercised to enforce the capac-
ity for rational self-governance that will eventually make such authority
redundant.
The twin icons for this envisaged reunification of politics and moral-
ity are the sage–prince and the ‘unlimited’ or total society. If justice is a
perfection fully manifest only in the self-perfecting personage of the
metaphysical sage, and if the exercise of civil power is legitimated
through its capacity to compensate for the lack of such perfection in
others, then a just political order requires the unification of reason and
power, the sage and the prince. For Leibniz, coercion is only legitimate
insofar as it is used to turn ‘right into fact’, and this requires the
unification of power and reason in a single person: ‘Those to whom God
has given at once reason and power in a high degree are heroes created
by God to be the promoters of his will, as principal instruments’ (Leibniz
in Riley , ). With the figure of the sage–prince, Leibniz recapit-
ulates the political-theology of godly government in its modern form, as
government driven by the desire to realise reason and advised by politi-
cal metaphysicians.
The metaphysics of law
At the same time, if human society is ultimately ordered by the uni-
versal justice of man’s ‘society with God’, then the civil authority gov-
erning human society must apply universally, to all areas of life. The
sage–prince will thus rule over an unlimited or total society: ‘Every
society is either unlimited or limited. An unlimited society concerns the
whole life and the common good. A limited society concerns certain pur-
poses, for example, trade and commerce, navigation, warfare, and travel’
(Lm, ). We also recall Leibniz’s assertion contra Pufendorf that social
justice may not be limited to the end of ‘human tranquillity’, but that ‘in
a universal society governed by God every virtue . . . is comprehended
among the obligations of universal justice; and not only external acts,
but also all of our sentiments are regulated by a certain rule of law’ (PW,
). In other words, through his image of the sage–prince ruling over an
unlimited or total society, Leibniz is envisaging the resacralised state in
its modern enlightened form. This would be a state in which politics
could be grounded in morality through the enforcement of a metaphys-
ical ethics, perhaps in the form of a civil religion.
Several commentators have argued that in maintaining a continuum
between civil and theo-rational law, Leibniz provides a necessary correc-
tive to Hobbes’ and Pufendorf ’s desacralising restriction of natural law
to ‘utilitarian’ commands issued by the sovereign for the end of social
peace. Riley, for example, argues that in maintaining a continuum
between the lower forms of justice dedicated to the negative preservation
of security, and the higher form oriented to universal benevolence and
the perfection of society, Leibniz offers a more rational, generous, and
benevolent vision of the legal–political order than Hobbes or Pufendorf
(Riley , –). Similarly, Sève claims that by establishing a hier-
archical ascent from the ‘narrow sense’ of justice, as the maintenance of
security, to higher form of caritas sapientis, Leibniz supplements the merely
negative conception of justice with the positive ethic of doing good for
others. Sève regards this as opening up the prospect of a complete moral
transformation of society. For his part, Hervé Barreau argues that
because Leibniz’s natural laws form a graduated hierarchy leading from
civil security to spiritual perfection, so too do the natural rights founded
on them: ‘One must conceive this gradation as the call of moral con-
sciousness in each person, who sees the degrees of good, and undertakes
to actualise them by beginning with the lower degrees, without ever repu-
diating them, since the higher degrees contain the lower ones, which they
bring to greater perfection’ (Barreau , ). In fact, Barreau goes so
far as to suggest that without this call to a higher moral consciousness, the
Leibniz’s political metaphysics
mere ‘Hobbesian’ grounding of justice in security contains the ‘germ of
totalitarianism’, as can be seen from Hobbes’ interference in the affairs
of the church.
In neglecting the historical circumstances in which law was first
uncoupled from morality, however, this viewpoint forgets a crucial
lesson. Once a continuum has been established between the exercise of
civil authority and the pursuit of a higher moral good, then the desired
outcome – the moral elevation of political power – is inexorably shad-
owed by its far less desirable twin: namely, the exercise of civil authority
in order to enforce (someone’s) higher moral good. Yet it was their expe-
rience of the catastrophic consequences of such enforcement that had
led the civil philosophers to break the nexus between civil authority and
transcendent morality in the first place.
We catch a glimpse of the constitutive ambivalence of rationalist
political metaphysics in this regard in Leibniz’s attitude to the decrimi-
nalisation of heresy. In a little-cited text reviewing Thomasius’ argu-
ments for such decriminalisation, Leibniz takes Pufendorf ’s most
famous follower to task for failing to see that purity of will may be depen-
dent on purity of doctrine (Gr, , –). Thomasius had argued, firstly,
that as an intellectual error heresy lies beyond all civil compulsion and,
second, that even where it arises from corruption of the will, heresy is
not a punishable offence; for only conduct disturbing the republic falls
into this category, and the prince may not use intellectual or moral error
as a criterion for such conduct (ADS, –, –). In rejecting these
arguments – that heresy concerns intellectual errors lying beyond
human judgment and outside the reach of civil coercion – Leibniz con-
tends that the ‘theoretical heretic’ can be compared to the law-breaker
who refuses to look at the laws the prince has proclaimed for his salva-
tion: ‘Hence, to the degree that in heresy he might fail to understand a
question of great importance for his salvation, wickedness is combined
with lack of learning and, what is more, through this insight we cannot
deny that heresy deserves punishment’ (Gr, , ). If, thus, not downright
evil, intellectual error is nonetheless deserving of punishment as it arises
from culpable negligence and results in the great evil of damnation.
Recalling our earlier discussion of the reciprocal relation which
Leibniz establishes between intellectual error and the corruption of the
will, it is not surprising that he regards this culpable failure of learning
as itself arising from a prior failure to purify the intellect: ‘Again, the will
to learn can arise from the intellect if anyone pays attention to the great
importance of having the intellect purified for things to be done well’
The metaphysics of law
(Gr, , ). Given, though, that metaphysical philosophy is the means by
which the intellect and will are purified, then it follows that if heretics
may be punished for lacking the will to learn saving truths, they may be
compelled to undergo the purifying discipline of metaphysics in order to
acquire this will. The real danger residing in Leibniz’s rationalist
identification of heresy with crime, or sin with error, is thus not the one
imagined by the Theologian in the Confessio – that sins might be excused.
It is rather that error might become punishable and metaphysics
enforceable. Leibniz’s conception of heresy as a crime is thus insepara-
ble from a conception of rationalist metaphysics as the secular theology
for an enforceable ‘rational faith’. In its battle with civil philosophy to
resacralise the state, rationalist metaphysics would be tempted to
become the natural theology for a new kind of confessional society.
.
Born in and coming to intellectual maturity in the immediate after-
math of the Thirty Years War, Samuel Pufendorf found himself con-
fronted with the task of developing an ethics and politics suited to life in
the descralised states sanctioned by the Treaty of Westphalia. As a polit-
ical–jurisprudential councillor at the courts of Sweden (–) and
Brandenburg-Prussia (–), he had first-hand experience of the
problems such states confronted in attempting to establish deconfession-
alised civil orders in the wake of protracted confessional conflict. In this
context, Pufendorf encountered university metaphysics – with its claim
to ground political right in philosophically known transcendent reasons
and laws – as a major intellectual obstacle and institutional enemy. In
order to render moral and political philosophy capable of comprehend-
ing the gap that had been opened between civil and religious authority,
Pufendorf had to ‘detranscendentalise’ it in a manner that would par-
allel the desacralising of law and politics. This task – whose central texts
are the De Jure Naturae et Gentium Libri Octo (On the Law of Nature and Nations
in Eight Books) of , its epitome of the following year, the De Officio
Hominis et Civis juxta Legem Naturalem Libri Duo (On the Duty of Man and
Citizen according to Natural Law in Two Books), and the De Habitu Religionis
Christianae ad Vitam Civilem (Of the Disposition of Religion in Relation to Civil
Life) of – entailed a fundamental and far-reaching reconfiguration
of philosophical, political, and moral culture. If today the true charac-
ter and full extent of this reconfiguration are only just emerging, that is
because, since its academic marginalisation at the end of the eighteenth
century, Pufendorf ’s natural law has remained obscured, put in the dark
by the interpretive canons of neo-Aristotelian and neo-Kantian meta-
physics. In this chapter we show just how profound Pufendorf ’s reshap-
ing of the early modern intellectual landscape really was.
Introduction
If modern commentators have underestimated the scale of
Pufendorf ’s reconstruction of moral and political philosophy, that is
because they have failed to comprehend the gulf separating Pufendorf ’s
natural law and the line of metaphysical natural law running from the
neoscholastics through Leibniz to Wolff and Kant. As a result of this
failure, it is widely assumed that Pufendorf ’s natural law was a continu-
ation of the moral–philosophical attempt to contain the positive legal
commands of the sovereign within overarching moral norms. This
assumption is particularly marked in modern Aristotelian and Kantian
interpretations, which assimilate Pufendorf ’s natural law to the meta-
physical line by treating it as an attempt to formulate absolute norms for
politics based on the figures of the moral community or the moral law.
We will discuss representative instances of these interpretations in the
following section. For the moment, we may propose that both lines of
interpretation fail to observe the degree to which Pufendorf ’s concep-
tion of natural law is designed in fact to free the sovereign’s law-making
commands from any effective appeal to higher moral norms. It is true
that Pufendorf distinguishes natural law from both (positive) civil law
and moral theology: ‘From the first flow the most common duties of
man, particularly those which render him capable of society [sociabilis]
with other men; from the second flow the duties of man as a citizen living
in a particular and definite state [civitas]; from the third, the duties of a
Christian’ (DOH, Pref., ). Yet it soon becomes clear that Pufendorf ’s
prime concern is to drive a wedge between the duties of the Christian
and those of the citizen, while the duties of the man and the citizen are
in fact treated as convergent. For, we shall argue, in giving natural law
and positive law the same end – social peace – and in granting the sove-
reign sole discretion to determine how the natural law should be enacted
in the state’s positive laws, Pufendorf in effect makes natural law norms
immanent to the process of political governance through which citizens
are formed.
In showing how deeply embedded it was in the political and theolog-
ical circumstances of post-Westphalian Germany, political and theo-
logical historians provide us with a sharper insight into the historical
disposition of Pufendorf ’s natural law. In the illuminating introduction
to his edition of the De Officio, James Tully argues that after the emer-
gence of the post-Westphalian deconfessionalised sovereign territorial
state, ‘the question which underlies and orients Pufendorf ’s theory (and
the theories which he followed) is . . . how does one conduct oneself so
as to become a useful member of such a society and polity’ (Tully ,
Pufendorf ’s civil philosophy
xx–xxi). For his part, recalling Thomasius’ arguments on the complicity
of metaphysics in the formalisation and enforcement of religion in the
confessional state, Detlef Döring argues that Pufendorf ’s voluntaristic
expulsion of moral theology from natural law should be seen as a means
of prising the levers of civil coercion from the hands of the clergy; that
is, as an instrument for the secularisation of political governance (Döring
b). The truly remarkable characteristic of Pufendorf ’s enterprise,
however, is that he undertook this desacralising separation of transcen-
dent morality and civil authority by reconstructing the very discipline
that had been designed to hold these spheres together, natural law. This
observation holds the key to understanding Pufendorf ’s natural law as a
comprehensive civil philosophy.
In the first place, it provides an appropriate understanding of the rela-
tion between Pufendorf ’s natural law and the other civil sciences that
were engaged in the desacralisation of politics – Lipsian neo-Stoicism
and Helmstedt political Aristotelianism in particular. In relegating
Christian natural law in favour of a Stoic political psychology or a tech-
nical–instrumental science of political order, these civil sciences in effect
secularised politics by creating new foundations for it outside the sphere
of Christian moral and political theology. But while this strategy may
have succeeded in forging a detheologised political science and demea-
nour for a ruling elite – Dreitzel characterises Helmstedt political science
as an intellectual regime for the political nobility of absolute states – in
marginalising natural law it left untouched the very discipline that pro-
vided politics with moral legitimacy. In detranscendentalising natural
law itself, therefore, Pufendorf ’s aim was to provide the new desacralised
forms of political governance with a broad-based moral intelligibility.
His reconstruction of natural law was intended to make it hospitable to
the idea that both ethics and politics were legitimately grounded in the
commands of a superior issued in accordance with the end of social
peace. It is for this reason that the De Jure functions as a clearing-house
for the other civil sciences – Lipsian political psychology, Helmstedt
political instrumentalism, Hobbesian anti-clericalism, Bodinian sove-
reignty theory, positive Staastrecht – assembling their several secularising
tactics, via the architecture of voluntarist natural law, into a single desac-
ralising strategy. Pufendorf thus refers to his natural law as including ‘all
moral and civil teaching [doctrinam moralem & civilem] that is genuine and
solid’ (DJN, .ii., ). The object of this strategy was not to marginalise
the domain of natural law but to transform it, confining ethics and pol-
itics to the horizon of social peace and civil governance, and consigning
Introduction
the desire for salvation and transcendent truth to the separate sphere of
private piety.
Now we are better placed to grasp the historical circumstances from
which Pufendorf ’s natural law arose and that it was intended to meet.
We recall that the endeavour to pacify the warring confessional states
and communities found its most potent intellectual instrument in posi-
tive political jurisprudence (Staatsrecht), which offered the central means
of partitioning civil authority and transcendent truth, the search for
civility and the pursuit of salvation. In the great struggle to find religious
peace that stretched from the Treaty of Augsburg in to the Treaty
of Westphalia in , it was the Protestant political jurists who gradu-
ally secularised the Empire’s legal and political culture and laid the con-
stitutional groundwork for the system of sovereign territorial states.
They did this, Martin Heckel argues, not through a new rational or
secular philosophy – most jurists remained committed Lutherans – but
through a series of measures, driven by force of circumstance rather
than force of reason, aimed at securing the legal–political coexistence of
the confessions. The most important of these measures were the accep-
tance of jurisprudence rather than theology as the prime political dis-
course; the establishment of legal parity between the confessions within
the juridical and political apparatus of the Empire; and, above all, the
exclusion of the question of theological truth from the legal–political
settlements that ended religious Bürgerkrieg (Heckel , –). Still,
despite resulting in a profound secularisation of the judicial and politi-
cal apparatus, these changes were not aimed at the secularisation of
society as a whole. Driven by the exigencies of social pacification rather
than an all-embracing ideology, and typically motivated by the desire of
the faithful to preserve their particular confession amid the wholesale
carnage of the religious wars, this was a secularisation that stopped at
the cathedral door. It left the churches free to pursue their transcendent
aims as voluntary associations, while excluding these aims from the
sphere of civil governance (Heckel , –).
This gradual disarticulation and re-ordering of the institutions of polit-
ical and religious governance – which was the work of hundreds of name-
less lawyers and statesmen and for which no philosophical genius may
claim the glory – was arguably the most important cultural and intellec-
tual transformation to take place in early modern Germany. In fact it pro-
duced the characteristic political and moral topography of the modern
state. This emerged in the form of an apparatus of legal and political
governance from which all ‘higher’ theological and metaphysical ends
Pufendorf ’s civil philosophy
had been excluded in favour of the single end of security. Inside this
agnostic security envelope an array of religious, academic, and other
‘social’ associations were free to pursue their absolute truths, so long as
they did so within the limits of social peace. If, therefore, Pufendorf ’s
natural law doctrine enacts a fundamental partitioning of the ‘civil
kingdom’ from the ‘kingdom of truth’ – the exercise of civil coercion from
the pursuit of transcendent morality – this is not because he fell short of
the dialectical reconciliation of philosophy and theology. Neither is it
because, in excluding all appeals to transcendent right, his voluntarism
drove him into the arms of a state based on might alone. Rather, by enact-
ing this separation Pufendorf was attempting to reshape the learned
culture’s prime discipline of ethical and political reflection, giving it a
form that would comprehend the fundamental desacralisation of govern-
ment and privatisation of religion that had already taken place in the
political–jurisprudential domain.
Now we begin to see the scale of the reconfiguration of ethical and
political culture contained in Pufendorf ’s natural law, and the depth of
the gulf separating it from its metaphysical rival. In continuing to
ground civil authority in transcendent moral philosophy, metaphysical
natural law – whether neoscholastic or rationalist – represented a cultu-
ral formation of great intellectual strength and social power. The intel-
lectual strength of this metaphysical natural law lay in the manner in
which its Christian Platonic anthropology permitted the privilege of
transcendent insight to be claimed by the metaphysical personage, who
thereby acquired a quasi-sacerdotal authority as a secular sage. Its social
authority arose from the fact that through this anthropology ‘rationalist’
metaphysics remained in touch with the central Christian symbols and
rituals – particularly those associated with moral regeneration and sal-
vation. Through the training of a metaphysically imbued clerisy, univer-
sity metaphysics could thus engage a population whose moral
physiognomy was still deeply informed by these symbols and rituals. On
the basis of the spiritual prestige attached to the metaphysical person-
age, rationalist university metaphysics could instruct citizens in how they
might achieve moral perfection, even if this meant acting in accordance
with a conception of justice ‘higher’ than that embodied in the positive
laws of the state.
If, therefore, Pufendorf ’s De Jure begins by cutting the knot of meta-
physical anthropology, that is because this is where the threads joining
civil authority and transcendent truth are tied the tightest. Replacing
this anthropology with his own conception of man – as a being whose
Introduction
passional nature is imposed by the divine sovereign and necessitates the
commands of the earthly sovereign – was the first step in Pufendorf ’s
extraordinarily ambitious attempt to reshape the landscape of early
modern German ethical and political culture. In showing how civil
authority could be separated from transcendent truth, this quasi-
Epicurean anthropology held the key to a natural law designed to reflect
the desacralisation of government and the privatisation of religion, by
forming a new kind of civil deportment for rulers and citizens:
But by far the greatest difference [between natural law and moral theology] is
that the scope of the discipline of natural law is confined within the orbit of his
life, and so it forms man on the assumption that he is to lead this life in society
with others [hanc vitam cum aliis sociabilem exigere debeat]. Moral theology, however,
forms a Christian man, who, beyond his duty to pass this life in goodness, has
an expectation of reward for piety in the life to come and who therefore has his
citizenship [politeuma] in the heavens while here he lives merely as a pilgrim or
stranger. (DOH, Pref., )
We still have difficulty comprehending the depth of the changes to
moral and political philosophy entailed by this project. For, in order to
fashion a persona for the citizen that would allow individuals to accede
to their civil obligations independently of their Christian moral person-
ality, Pufendorf had to displace the Christian–metaphysical figuration of
the person with a pluralistic construction that was perhaps unprece-
dented in early modernity. This is a construction that relativises duties
to the several statuses or personae occupied by individuals in the course
of civil life, while maintaining the duty of obedience to the civil state as
the ultimate parameter within which this variation takes place. In thus
detaching political and legal governance from transcendent morality,
Pufendorf earned the hostility of metaphysicians from Leibniz to Kant
and beyond. Regardless of their attacks on the allegedly ‘tyrannical’ or
‘totalitarian’ implications of Pufendorf ’s doctrines, and notwithstanding
their righteous defences of ‘freedom’, the cardinal sin of Pufendorfian
natural law in the eyes of metaphysical intellectuals has always been its
uncoupling of political sovereignty from moral truth. For in this separa-
tion these intellectuals have seen both the dissolution of the ‘moral com-
monwealth’ and of their own prestigious role in it, as the guardians of a
rational moral politics.
In continuing to frame civil duties by theorising the self-governing
moral personality or a self-perfecting moral community – the modern
avatars of purified reason and the godly state – today’s moral philosophy
remains inimical to the desacralisation of civil governance undertaken
Pufendorf ’s civil philosophy
by Pufendorf. In fact, in an unhappy historical irony, it has used these
figures of thought as its means of interpreting Pufendorf, thereby post-
humously assimilating him to the culture of metaphysics that he sought
to destroy. The central symptom of this assimilation is the discussion of
Pufendorf ’s conception of political obligation in terms of either the self-
realising community or the self-legislating personality. We can begin to
excavate the depths of Pufendorf ’s natural law by recovering his concep-
tion of political obligation from beneath these neo-Aristotelian and neo-
Kantian treatments of it.
.
Pufendorf ’s reconstruction of the scope of natural law duties and of the
mode of acceding to them has profound consequences for his concep-
tion of political authority or the state. We have seen that by treating
Political subjecthood and civil sovereignty
man’s natural state as an imposed status Pufendorf construes the law of
sociality as a purely this-worldly rule of security, disconnected from all
higher rational and moral law. In doing so, he clears the way to treat the
civil state not as the expression of man’s rational and moral being but as
the result of a new willed imposition, the sovereignty pact. In agreeing
to impose the status of civil sovereignty on themselves, men do not con-
struct the political state in accordance with a rational and moral nature
they share with God or reason. They were doing so on the basis of a dan-
gerous and contingent nature that can be reshaped through sovereignty
in pursuit of security. As we shall see, the ‘absolute’ character of
Pufendorf ’s conception of political authority – his insistence that a
supreme or sovereign power must be exercised independently of the
moral judgments of those over whom it is exercised – is not well under-
stood by modern commentators, particularly those whose calling as
moral philosophers commits them to the primacy of individual moral
judgment. But then neither do these commentators understand the
manner in which Pufendorf ’s absolutism harbours a ‘liberal’ conception
of religious toleration.
Pufendorf construes the political state as a human artifice imposed by
men on themselves as an instrument of this-worldly security. This con-
struction fits well with our account of the larger historical task that he had
undertaken: the fashioning of a civil philosophy capable of comprehend-
ing the desacralisation of the state that had already occurred at the level
of law and politics. Pufendorf ’s undertaking was fundamental as it
involved overturning the way in which existing natural law doctrine –
neoscholastic and rationalist – organised the relations between the indi-
vidual’s religious, ethical, and political obligations. His strategy is to
reshape these relations around the figure of a fundamental agreement or
pact whose form and outcome accord with natural law without being
rationally or morally prefigured by it. At the heart of Pufendorf ’s account
of the civil state or status lies his conception of the political pact as the
willed imposition of a moral entity, civil sovereignty. This pact is analo-
gous to God’s gratuitous imposition of man’s natural state or status and,
like it, provides a means of governing man’s natural liberty through the
imposition of new moral persona on him. In fact it is the imposed char-
acter of the civil state that holds the key to its secularised – desacralised
and detranscendentalised – form. In creating civil sovereignty as a new
‘compound’ moral entity, consisting of the citizen (subject) and the sove-
reign (ruler), the compacting individuals are in fact transforming the basis
on which they exercise their liberty and accede to their obligations.
Pufendorf ’s civil philosophy
Centrally, in agreeing to enter the civil state in accordance with natural
law, individuals give up their capacity to decide whether henceforth the
state is being governed in accordance with natural law. For Pufendorf, this
holds the key to uncoupling civil from religious governance, the rule of
the sovereign from the rule of conscience.
Pufendorf ’s reconstruction of civil sovereignty is focused in Book
of the De Jure Naturae et Gentium. He begins in his usual manner, by clear-
ing away the alternative accounts of the state offered by Hobbes and by
anti-Hobbesian neoscholastic political theology – here represented by J.
F. Horn’s De Civitate. In claiming that in the state of nature ‘natural laws
are silent’, Hobbes argues that the state arises not from the need for
sociality but from the pursuit of individual advantage and the struggle
for supreme power, which goes to the strongest individual. This means
that individuals must give up their natural rights on entering the civil
state, which gives political right immunity against the destabilising
appeal to natural rights. According to Hobbes’ Protestant–Aristotelian
opponents, however, natural law itself gives rise to the state. As the law
of a rational and sociable being whose capacities can only be perfected
in the state – the zoon politicon – neoscholastic natural law assumes a
‘natural’ teleological development of the civil from the natural state,
thereby grounding political right in natural rights.
Against Hobbes, Pufendorf reactivates the arguments of the second
chapter of Book . These, it will be recalled, are designed to show that
humans are indeed aware of the natural law in the state of nature and
attempt to conform their conduct to it, even if only a few succeed in
doing so. Sovereignty should thus not be regarded as a prize going to the
most powerful in the universal war (DJN, .i., –). Once again,
though, it is Hobbes’ neoscholastic opponents who are Pufendorf ’s real
target. He is particularly concerned to combat Horn’s version of the
Aristotelian doctrine that the state arises from man’s rational and social
nature, at the behest of natural law, as the means of perfecting this
nature. Against this doctrine Pufendorf argues that while man is indeed
commanded to sociability by the law of his nature, his fractured mind
and fractious passions mean that he is not naturally adapted to the
public-spirited and peaceable role of the citizen: ‘Nay, rather, no animal
is more fierce and uncontrolled than man, more prone to vices which are
calculated to disturb the peace of society’ (DJN, .i., ). A further
reason ‘why the mere law of nature cannot encompass the peace of
mankind’ is that man’s natural liberty is such that his judgments cannot
be made to agree through the exercise of individual reason. Deliberation
Political subjecthood and civil sovereignty
on man’s nature and its ‘permanent advantage’ may indeed point to the
need for civil sovereignty. Few, however, are capable of such deliberation
– the pursuit of personal gain giving rise to a chaos of judgments regard-
ing man’s true good – which means that human reason is not the source
of the agreement that leads to the state: ‘But since reason alone, as it is
found in individual men, is unable to compose such great differences,
some sort of agreement of opinions must be sought by a different course’
(DJN, .i., ). What this course is will soon become apparent.
While man’s natural condition gives rise to the desire for sociality –
and in fact to such lower forms of society as the family and the clan – it
does not of itself give rise to the civil state, as for this a certain comport-
ment is required, consisting in ‘trust and pacts’. The source of the
restrained comportment attending political society is, however, not
readily understood by those living within it. In a striking observation,
animated perhaps by his sense of how quickly the horrors of the Thirty
Years War were being forgotten, Pufendorf comments of states: ‘Their
force is not realised by children or the unlearned, or their advantages by
those who have never experienced the losses consequent upon their non-
existence. This the reason why the former, because they do not under-
stand the nature of a civil society, cannot enter into it, while the latter,
because ignorant of its advantages, give no heed to it, or at least live in
it in such a way as not to value its excellence.’ In fact the latter group
themselves remain political children, and their insouciance regarding
the conditions of their pacified existence suggests what it is that compen-
sates for the immaturity of their natures: ‘Therefore, all men, being born
as infants, are by that fact unsuited to civil society, and most of them
remain so all their lifetime, while it is discipline, not nature, that fits a
man for such a society’ (DJN, .i., ).
This indicates the course by which men will reach the agreement that
gives rise to civil society or the state. If it is discipline and not nature that
gives rise to the peaceable and public-spirited deportment of the citizen,
then Aristotelian political theologians such as Horn are wrong to claim
that the state is the realisation of man’s rational and sociable being. It is
not only early modern Aristotelians, however, who will fall victim to
Pufendorf ’s interposition of discipline as the condition of political sub-
jecthood. In attempting to interpret Pufendorf ’s own conception of this
state as the instrument of man’s moral realisation, modern moral phi-
losophers suffer collateral damage. In this regard we can recall Denzer’s
argument that in Pufendorf the ‘concept of nature must be taken in its
teleological sense . . . that man strives for perfection’ so that: ‘The natural
Pufendorf ’s civil philosophy
character of the state is thus the final consequence of human nature’s
capacity for cultivation’ (Denzer , ). We can also take note of
Simone Zurbuchen’s similar claim that for Pufendorf: ‘As the most
perfect human community . . . the state is natural in the sense that it
belongs to the completion of humanity’ (Zurbuchen , ). In fact,
this is precisely the teleological account that Pufendorf is at pains to
reject, commenting in his essay De Statu Hominum Naturali (On the Natural
State of Men) of that such a view ‘presupposes a kind of civil state
wherein citizens are without any fault and wickedness, when in fact states
are a sort of remedy for human imperfection’ (DSH, § , ).
The imperfection for which states are a remedy is not the immaturity
of an essential endowment or teleological ‘nature’, but an incapacity
that shows up in relation to an imposed purpose. Man, says Pufendorf,
can be brought to the status of the citizen in the same way that a horse
can be taught to prance, a parrot to talk, a field to bear crops and a hill-
side vines – that is, not through the teleological realisation of a natural
capacity that is good in itself, but through the disciplined transformation
of natural capacities in accordance with an imposed end (DJN, .i.,
–): ‘Yet no one is so ignorant as not to recognise how ill-adapted are
the characters of most men to this end [of peaceable public-spirited cit-
izenship]. To few is it given to meet all the requirements of a good
citizen; most men are restrained by the fear of punishment, and remain
their life long poor citizens and non-political creatures’ (DJN, .i.,
).
For Pufendorf, then, man is not a political animal in the Aristotelian
sense of requiring the state to perfect his rational and social being.
Rather, he is so in the starker and more restricted sense of having a
nature capable of being disciplined to the end served by the formation
of states – security:
It is sufficiently clear from all this in what sense then man can be called a polit-
ical animal: Not because there resides in each and every one a natural aptitude
to act the part of a good citizen, but because at least a part of mankind can by
nature be fitted to that end, and because the safety and preservation of
mankind, now become so multiplied, can be secured only by civil societies. Into
these, nature always intent upon its own preservation, impels men to enter, just
as also it is the first fruit of civil society, that in it men may accustom themselves
to lead an orderly life. (DJN, .i., )
It is not through the cultivation of man’s rational and moral nature
therefore that nature composes individual wills to that agreement by
which they enter civil society, but through a quite different kind of instru-
ment – the discipline of mutual fear: ‘Therefore, the real and principal
Political subjecthood and civil sovereignty
reason why the fathers of families left their natural liberty and under-
took to establish states, was in order that they could surround themselves
with defences against the evils which threaten man from his fellow man
. . . [A]gainst those ills with which man in his baseness delights to
threaten his own kind, the most efficient cure had to be sought from man
himself, by joining men into states and establishing sovereignty’ (DJN,
.i., ).
We are now better placed to understand Pufendorf ’s account of the
pacts through which men leave the state of nature and enter the civil
state. These consist not in a rational agreement and exchange of rights
and obligations between two natural individuals – the people and the
sovereign – but in a series of fear-driven decisions that results in the crea-
tion and imposition of a new status or moral person. For a state to be
possible there must be a body of men large enough to defend itself
against other groups, and these men must be able to agree on the best
means of their common defence. The divided and fractious nature of
men’s minds, however, means that mutual consent alone will not be
sufficient to allow them to reach and adhere to such an agreement (DJN,
.ii., –). Unlike bees, men are incapable of the natural harmon-
isation of their political wills and, despite what the philosophers say, men
are incapable of arriving at such a harmonisation through ‘the dictates
of sane reason’ having ‘fully subdued all their passions and base lusts’.
‘Surely’, says Pufendorf, ‘those men erect states upon shifting founda-
tions, who show too great respect for men’s moderation and weigh all
other men, and especially the vile mob, upon the scales of their own
probity’ (DJN, .ii., ).
In fact, given the two evils threatening man’s pursuit of political secur-
ity – the diversity of his inclinations and the torpor of his will – the only
way to achieve and maintain the state-forming agreement is via the con-
stitution of a single artificial will equipped with the power to compel the
performance of civil duty: ‘The first of these evils may be cured by
uniting the wills of all in a perpetual bond, or by so constituting affairs
that there will be for the future but one will for all in those matters which
serve the end of society. The second may be alleviated if some power be
established which is authorised to inflict upon those who hesitate before
the common advantage some present evil and such as will impress itself
upon their senses.’ In striking contrast to all those who attempt to ground
sovereignty in a ‘general will’ – Althusius, Rousseau, Kant – Pufendorf
insists that the sovereignty pact is not the expression of an actual or ideal
union of wills: ‘Now a union of wills cannot possibly be encompassed by
the wills of all being naturally lumped into one, or by only one person
Pufendorf ’s civil philosophy
willing, and all the rest ceasing to do so, or by removing in some way the
natural variation of wills and their tendency to oppose each other, and
combining them into an abiding harmony.’ This union is rather the
result of the fear-driven agreement of all individuals to subordinate their
wills to a single agency of political decision: ‘But the only final way in
which many wills are understood to be united is for every individual to
subordinate his will to that of one man, or of a single council, so that
whatever that man or council shall decree on matters necessary to
common security, must be regarded as the will of each and every person’
(DJN, .ii., ). In the same way, a sovereign power ‘as may be feared
by all’ is created when all individuals have obligated themselves to use
their strength only at the behest of a single man or council.
This is the light in which we must understand Pufendorf ’s account of
the two pacts and one decree that give rise to the state. It is in the crucial
first pact – sometimes misleadingly called the ‘social’ pact – that individ-
uals agree to enter the state by subordinating their political wills to a
single individual or council. This pact is followed by a decree deciding
whether the form of government will be monarchical, aristocratic, or
democratic – that is, whether the sovereign power will be administered
by a prince, a council of nobles, or an assembly drawn from the people.
This decision having been taken, sovereignty is then conferred on some
individual or council through a second pact in which ‘the rulers bind
themselves to the care of common security and safety, and the rest to
render them obedience, and in which there is that subjection and union
of wills, by reason of which a state is looked upon as a single person’
(DJN, .ii., ).
The key to understanding Pufendorf ’s conception of the formation of
civil sovereignty is that he regards it not as the realisation or execution
of a natural capacity but as the invention and imposition of a new moral
entity or status. Pufendorf rejects the idea that sovereignty pre-exists the
state-forming pact – residing in the individual’s natural freedom and
power or in God’s majesty – treating it instead as a creation of the pact
itself. By agreeing to subordinate their wills to that of a single individual
or council in exchange for the security pledged by the latter, the assem-
bled individuals create civil sovereignty as a new ‘compound moral
person’. This composite moral personality consists of the persona of the
citizen defined by the duty of obedience, and the persona of the sove-
reign defined by the duty of care and protection. While it is true that in
imposing this new moral entity on themselves men act in conformity
with the law of nature – which always seeks man’s preservation – they
Political subjecthood and civil sovereignty
do so not in accordance with the laws of their rational and social being,
but out of fear and exigency, which compels them to transform their
being in pursuit of security.
Pufendorf is now free to reject all attempts to derive sovereignty from
some source higher than or independent of the pact that forms it. His
central targets are Hobbes’ account of sovereignty arising via individu-
als ‘donating’ their natural sovereignty (freedom and strength) to the
Leviathan, and Horn’s opposed view of it originating in a transfer of a
metaphysical sovereignty from God to the prince who rules by divine
right. According to Pufendorf, in viewing civil sovereignty as arising
from the donation of natural freedom and rights, Hobbes is forced to
posit a non-reciprocal pact in which the people is extinguished as bearer
of natural rights, all of which pass over to the sovereign who therefore
exercises them unconditionally. For a reciprocal pact might allow indi-
viduals to reclaim their donation, thereby functioning as justification for
rebellion. Still, despite sympathising with Hobbes’ fear of rebellion –
arising, Pufendorf suggests, from his experience of religious civil war –
Pufendorf regards Hobbes’ conception of sovereignty as fundamentally
flawed. What Hobbes fails to understand, argues Pufendorf, is that sov-
ereignty – a single and supreme locus of political decision and power –
is not something that individuals possess in the condition of natural
freedom, but something they create and impose in the agreement that
gives rise to the civil condition. There is no need therefore to posit a non-
reciprocal pact in which the people is extinguished as a bearer of natural
freedom and rights, because freedom is not the condition or ‘quality’ by
virtue of which they enter the pact or by virtue of which the sovereign
is obligated to them: ‘And yet when a free people transfers sovereignty to
a king, that people does not cease by natural death, nor is the obligation
of the king founded upon that quality of the people whereby it is under-
stood to be free, but whereby it will thereafter continue to be a group of
citizens subject to one man’s sovereignty’ (DJN, .ii., ).
The property of individuals relevant to the pact and foundational for
political obligation is not their natural freedom and rights – as attributes
of their rational and moral or irrational and desiring being – but their
need for security, arising from their partially sociable but mutually
destructive nature. Political obligation arises from the fact that, with the
first pact, individuals delegate their capacity for self-defence to another,
agreeing in doing so that the sovereign alone should decide the best
means to this end, and that he should have absolute power to coerce
those who subsequently dissent from his decisions. The personae of
Pufendorf ’s civil philosophy
citizen and sovereign thus do not pre-exist the first agreement. Rather,
they are imposed by it, as a means of transforming the mode in which
men will govern their liberty in pursuit of security. Citizens and ruler
thus do not enter the second pact as bearers of natural freedoms and
rights that must be traded off to produce sovereignty – and may later be
reclaimed – but as bearers of the reciprocal duties of obedience and pro-
tection that compose civil sovereignty as a moral person: ‘When I subject
myself to a prince, I promise him obedience, and stipulate for myself
defence, while the prince in accepting me as a citizen promises me
defence and stipulates from me obedience. Before that promise, neither
of us was under an obligation, at least not a perfect one, I to obey him,
or he to defend me’ (DJN, .., ).
Commenting on the distinctiveness of Pufendorf ’s political pact in
this regard, James Tully has remarked: ‘Therefore, unlike doctrines of
corporate popular sovereignty, the people, although it possesses unity,
never possesses supreme authority and so cannot be said to “delegate”
it to a ruler and repossess it if the ruler breaks the agreement’ (Tully ,
xxxiii). There is thus little support for Denzer’s argument that Pufendorf
rejects Hobbes’ one-pact model because it fails to allow for a reciprocal
exchange between citizen and sovereign as natural-rights-bearing
persons (Denzer , –). As far as Pufendorf is concerned, the
complementary duties of the citizen and sovereign – to obey and to
protect – are artefacts of the agreement that allows individuals to enter
the civil status by providing them with new personae. As a result, the
complementarity of these two kinds of obligation is such that ‘the legit-
imate power of a king and the duty of citizens exactly correspond, and
we emphatically deny that a king can lawfully command anything which
a subject can lawfully refuse. For a king cannot command anything more
than agrees, or is supposed to agree, with the end of instituted civil
society’ (DJN, .., ). Hobbes’ problem is that his conception of
the people’s rights and freedoms is too natural – that is why he is so con-
cerned with destroying them.
The arguments that Pufendorf deploys against Hobbes are even more
devastating, however, when applied to the latter’s neoscholastic oppo-
nents. For if sovereignty does not pre-exist the formation of states as a
natural condition of individuals, then it is nonsensical to regard it as pre-
existing the state as a metaphysical substance inherent in God or the
order of being. Pufendorf is thus by turns scathing and mocking of
Horn’s account of civil sovereignty devolving from divine majesty – an
account which sees political agreements among men as providing merely
Political subjecthood and civil sovereignty
the empirical occasion for the attribute of divine sovereignty to flow into
a king. This view of sovereignty as a divine right ‘tears to shreds all the
conventions and fundamental laws which are agreed to between kings
and subjects, touching the administration of sovereignty’ (DJN, .iii.,
). More fundamentally, it fails to understand that sovereignty is a
moral entity instituted by human agreement, not a metaphysical sub-
stance emanating from the divine. Quoting Horn’s assertions that God
‘pours it [sovereignty] forth directly upon kings after their election by the
people’, and that sovereignty is a ‘creation of God, so that no other crea-
ture in an equal or superior kind of causation, nor from any innate prin-
ciple, has made any contribution to the institution of this type of
administration’, Pufendorf comments that making such statements ‘only
betrays a crass ignorance of moral matters’. He then continues in a more
sarcastic vein:
Now if a man will consider this more deeply, he will see that such men as
Hornius have conceived majesty to be a physical entity, which, upon being
created by God, wanders about over the world with no home or resting-place
until it lights upon a king, who has been selected by a people, and invests him
with its august splendour. And such a man will surely be in difficult straits if he
should be pressed as to whether that majesty, before it finds a seat in some king,
is substance or accident, and if the latter, how it can exist without a subject.
Furthermore, when was it created, at the beginning of the world, or later? Is
there also but one majesty in the entire world, bits of which are distributed to
individual kings? Do different kings have their own special and entire majesty?
When a king dies does his majesty perish with him? Or does it survive him, sep-
arated like the soul from the body, or finding by a kind of metempsychosis a
dwelling in a new king? . . . But it is idle to inquire about the immediate cause
of majesty, or supreme sovereignty, abstractly considered, since it exists only in
a concrete form. (DJN, .iii., –)
Lying behind this piece of boisterous anti-metaphysical invective is of
course Pufendorf ’s entirely serious argument that civil sovereignty is an
artefact of human agreement aimed at achieving a purely this-worldly
security. As we have seen, lying at the heart of this argument is his treat-
ment of civil sovereignty as imposed by individuals in accordance with
the natural law end of security. This imposition gives rise to duty-bearing
personae unknown in the natural condition, the citizen and the sovereign
– personae incapable of carrying moral or religious norms into the civil
condition, where they might be used for or against the state. This recon-
struction of sovereignty in terms of the fear-driven imposition of new
political personae is the condition of Pufendorf ’s desacralisation of pol-
itics and the state. For it is the means by which he detaches the exercise
Pufendorf ’s civil philosophy
of sovereignty from all claims to political authority lying beyond that
required for the worldly end of the state – security – and from moral and
religious claims in particular.
Pufendorf ’s construction of political authority is thus equally inimical
to popular-sovereignty conceptions and to divine-right theories. If sove-
reignty is not the expression of supra-political capacities and rights, then
it cannot reside in the people, whether in accordance with the ‘pessimistic’
doctrine of Hobbes, or the ‘optimistic’ ones of Althusius, Rousseau, and
Kant. For the same reason, however, sovereignty cannot not reside in God
or the metaphysical order of being, thence being transferred to princes.
In viewing sovereignty as the mode of realising a moral capacity originat-
ing in an extra-political domain, both popular-sovereignty and divine-
right theories sacralise the state. Conversely, in treating sovereignty as an
artificial deployment of supreme political power – rooted in social danger
and created by fear-driven pacts – Pufendorf ’s construction of political
authority is dedicated to desacralising the state. Clearly this reconstruc-
tion is no less inimical to the efforts of modern moral philosophers to treat
the sovereignty pact either as an agreement between natural-rights-
bearing moral persons or as the general will that arises from the rational
harmonisation of all particular wills. For Pufendorf, it is ‘discipline, not
nature, that fits a man for such a society’.
Pufendorf ’s reconstruction of the concept of sovereignty gives rise to
three striking and far-reaching transformations in our understanding of
the state and political authority. First, as Tully has argued, it leads to the
separation of sovereignty – as the supreme unified locus of political deci-
sion and power – from government, as the particular form in which sov-
ereignty is administered (Tully , xxxiii–xxxv). Pufendorf thus argues
that, to the extent that they are all capable of managing a supreme and
unified exercise of political decision, then each of the three forms of
government – monarchy, aristocracy, democracy – is an appropriate
bearer of sovereignty: ‘The capacity and inclination of one or more men,
who exercise sovereignty by their own right, or as it is delegated to them,
do indeed affect or modify the administration, but in no way the form of
a state’ (DJN, .v., ). If the sovereign power is an artefact of the
political pact, and is not donated to government by its natural or meta-
physical bearer – God, the king, the people, the general will – then neither
monarchy, nor aristocracy nor democracy is its natural expression.
Hence despite the fact that each of the forms of government is subject to
the forms of incompetence characteristic of the different ruling persons
or groups, none is inherently more or less legitimate than the others.
Political subjecthood and civil sovereignty
Pufendorf thus rejects Horn’s claim that monarchy is the naturally
legitimate bearer of (divine) sovereignty by remarking that the people,
having created sovereignty by agreement, are surely free to bestow it on
a council or assembly if they choose. In fact this causes Pufendorf to
modify the temporal differentiation of his two pacts, observing that if
sovereignty does not pre-exist the first pact then it may be regarded as
being created and conferred at the same time:
We realise, of course, that election is properly and exactly but a form of secur-
ing sovereignty, and yet nothing appears to prevent a certain person from being
selected, and sovereignty, now first coming into being, from being conferred
upon him by one and the same act. For surely it is childish to hold that in moral
things, when some right or moral quality is said to be conferred upon another,
it must first have existed somewhere in separate form. Nay rather, it is clear to
all that rights and other moral qualities come about by pacts from a mutual
agreement of wills. (DJN, .iii., )
By parity of argument, however, neither can democracy be said to be
the naturally legitimate form of government; for here too sovereignty
does not pre-exist the state, in the moral sovereignty of the people.
Moreover, even though it is physically drawn from the people, a demo-
cratic assembly is (or should be) an autonomous moral person, and
therefore cannot be understood as the people governing themselves. For,
to the extent that it governs absolutely and in the interests of security,
then the assembly occupies the persona of sovereign, while the people
continue to have the single obligation of obedience to the sovereign
(DJN, .v., –).
In short, Pufendorf ’s separation of civil and moral sovereignty allows
him to adopt a detached and pluralistic view of the relation between
state and government, refusing all attempts to idealise any particular
form of government as the naturally legitimate bearer of (moral) sove-
reignty. Once the state has been reconceived in terms of its political
function – the maintenance of security through a unified and irresistible
deployment of political authority – then any form of government exer-
cising sovereignty in this manner may be regarded as legitimate. In fact,
Pufendorf is not concerned with (morally) legitimate and illegitimate
forms of government, only with regular and irregular forms of state: ‘We
hold that the regularity of states lies in this: that each and every one of
them appears to be directed by a single soul, as it were, or, in other words,
that the supreme sovereignty, without division and opposition, is exer-
cised by one will in all the parts of a state, and in all its undertakings’
(DJN, .., ).
Pufendorf ’s civil philosophy
The second, no less striking consequence of Pufendorf ’s reconstruc-
tion of sovereignty is that it sequesters government from the moral
judgment of individuals. It is perhaps here that the ambivalence of
Pufendorf ’s relation to Hobbes shows through most clearly. For, unlike
Hobbes, Pufendorf insists that natural law judgments are operative in
the natural state and that natural law informs law-making in the civil
state. Pufendorf agrees with Hobbes, however, that it must not be left to
the individual judgment of subjects to determine whether the sovereign
is legislating in accordance with natural law: ‘[T]he question is not,
which is of greater value, the person of the king or the entire people . . .
but whether, in view of the fact that civil sovereignty has been invented
for the profit of all, the decision as to how to secure that end resides in
those who have subjected their will to the will of the king, or in him to
whose judgment and conscience the government has been entrusted’
(DJN, .vi., ). For Pufendorf, only the sovereign is in a position to
make this judgment, which he does in accordance with the fundamen-
tal end of the state – security. Under circumstances threatening the exis-
tence of the state, the sovereign will even be justified in infringing some
of the citizen’s natural law rights – for example, sacrificing some to war
– to the extent that this is in the long-term interests of public safety.
Clearly Pufendorf assumes that the dictates of natural law and those
of ‘reason of state’ will generally coincide in the sovereign’s duty to make
civil law in accordance with natural law. In fact he seeks to hold these
together by treating public safety as both the end of natural law – ‘the
reason for which states were founded’ – and the end governing the sov-
ereign’s commands, even though these are beyond all effective moral
and legal accountability. The difficulty with this solution is that the
concept of sovereignty entails that only the sovereign can decide
whether his actions are in fact in accordance with public safety or the
security of the state. Some commentators treat this apparent tension as
indicative of Pufendorf ’s inability to integrate the doctrines of natural
law and reason of state (Meinecke , –; Krieger , –;
Denzer , –). Others, as we have noted, regard Pufendorf ’s
natural law as too normative to contain a fully autonomous or ‘utilitar-
ian’ conception of politics (Dreitzel ).
In light of the preceding interpretation, however, it is possible to
propose that none of these accounts manages to clarify the issue. In fact
the power of decision that Pufendorf ascribes to the state comes not from
a theory of sovereignty or Staatsräson super-added to his doctrine of
natural law, but from the manner in which he construes the natural law
Political subjecthood and civil sovereignty
pact itself. We have seen that Pufendorf treats this not as a rational agree-
ment between two moral persons but as a pact between individuals to
create two unequal personae, the subject and the sovereign. It is as a result
of this creation that citizens may not judge and dissent from the sover-
eign’s commands, to the extent that prima facie these agree with the end
of the state. For the fundamental condition of this end being realised is
that individuals give up this power of judgment. It as at this point that
Pufendorf renders natural law immanent to the exercise of sovereignty,
thereby opening the doctrine of natural law to the theories of ‘absolute’
(secular) sovereignty elaborated by Bodin, Arnisaeus, and Conring.
The tension in Pufendorf ’s account of the relation between sove-
reignty and natural law judgment arises therefore from the fact that he
must posit the latter as a condition of pacts being made and adhered to,
while simultaneously treating the pact as annulling the individual’s right
henceforth to make such judgments regarding the sovereign’s civil laws.
The decisive factor here, however, is not any putative capacity individu-
als might have to govern themselves but something quite different:
namely, security, which is ‘the intention or thought with which men
made up their minds to establish states’. Pufendorf continues:
Therefore, it is held that no more power was voluntarily bestowed upon that
prince than what a man of reason may judge to make to that end [of security];
although what may at any particular moment work to that end is a matter for
decision not for those who do the transferring, but by him on whom that power
was transferred. Therefore, the supreme sovereign can rightfully force citizens
to all things which he judges to be of any advantage to the public good. (DJN,
.vi., )
Consequently, while denying Hobbes’ assertion that civil-law commands
are themselves the source of the individual’s moral sense – as this sense
is present in the natural condition – Pufendorf nonetheless accepts
Hobbes’ unflinching doctrine that it is seditious for individuals in the
civil state to make their obedience to the sovereign conditional on their
knowledge of good and evil:
Yet in another sense the thesis of Hobbes can be allowed, if, that is, good and
evil be taken as that which does or does not work to the advantage of the com-
monwealth. For then that is surely a seditious opinion that ‘the knowledge of
good and evil’, that is, of that which is good or evil, advantageous or disadvan-
tageous to the state, ‘belongs to individuals’. That is, that each individual is
empowered to pass judgment as to the aptitude of the means which a prince
orders to be undertaken so as to secure the public good, with the effect that the
obligation of each person depends upon that judgment. (DJN, .i., )
Pufendorf ’s civil philosophy
For, if this were the case, then the civil state would cease forthwith, con-
ditional as it is on the mass of individuals giving up their right to deter-
mine the best means of their common security to a single individual or
council. If the desacralisation of political authority entails withdrawing
the state from the sphere of moral judgment, then it also entails with-
drawing moral judgment from the sphere of the state.
Finally, if Pufendorf ’s reconstruction of political authority thus
renders the state absolute in the political arena, then it simultaneously
gives birth to a ‘liberal’ sphere of extra-political rights and freedoms.
Those commentators who imagine they see the ‘germ of totalitarianism’
in Pufendorf ’s desacralising of politics could not be wider of the mark.
For, as we have already observed, this secularising of politics was accom-
panied by a no less powerful privatising of religion. If Pufendorf ’s
uncoupling of civil governance from transcendent morality renders the
state absolute in the political domain, then it simultaneously precludes
the exercise of political power in the moral domain. Civil society,
Pufendorf argues in the De Habitu Religionis Christianae ad Vitam Civilem
(), was not instituted for the end of religion – to achieve man’s sal-
vation and eternal happiness – but solely for the end of worldly security
(DHR, § , –). It is therefore improper for any state to make civil rights
and duties contingent on the fulfillment of religious rights and duties;
just as it is unacceptable for the civil authority to be opposed on relig-
ious grounds (DHR, § , –). For civil duties depend only on the com-
mands of the civil sovereign, issued for the end of civil peace, and limited
to man’s external conduct in civil life; while religious duties depend only
on the laws of God, issued for man’s eternal felicity, and concern only
his inner spiritual condition. The civil sovereign may not, therefore,
command man’s inner religious life, unless this issues in conduct threat-
ening to the republic, whereupon it ceases to be religious.
Leibniz’s iconic unity of reason and power, the sage and the prince,
thus finds its mirror inversion in Pufendorf ’s insistence that the teacher
and the prince represent distinct and mutually exclusive offices. On the
one hand, drawing on his spiritualistic Lutheranism, Pufendorf argues
that the teacher’s relation to his students is characterised by love and
emulation, to the exclusion of all coercion and all dogma, thereby allow-
ing them to seek saving truth in complete freedom, just as Christ taught
the disciples in the primitive church (DHR, §§ –, –). On the other
hand, on the basis of his own ‘statist’ natural law, Pufendorf confines
political authority to the personae of the subject and ruler, bound
together by asymmetrical duties of unconditional obedience and abso-
lute command, in so far as the ruler remains indifferent to saving truth
Political subjecthood and civil sovereignty
(DHR, §§ –, –). Pufendorf thus reconfigures the relation
between the pursuit of transcendent saving truth and the exercise of civil
governance by consigning each to different statuses or zones of ‘moral
space’ – the ‘kingdom of truth’ and the ‘civil kingdom’:
The kingdom of Christ therefore is a kingdom of truth, where he, by the force
of truth, brings over our souls to his obedience; and this truth has such power-
ful charms, that the kingdom of Christ needs not to be maintained by the same
forcible means and rules by which subjects must be kept in obedience to the civil
powers. And for the same reason, there need not be established a particular state
in order to propagate and preserve truth, no more than it is necessary to set up
a separate commonwealth where philosophy and the other sciences are to be
taught. (DHR, § , )
Pufendorf ’s disarticulation of civil power from transcendent truth
thus precludes the possibility of an ‘unlimited’ or total society, in which
all areas of life, unified by their common dependence on God’s univer-
sal justice, are equally open to governance. Instead, he effects the funda-
mental ‘liberal’ separation of political and religious life. He does so,
however, not to protect individual freedom from the state, but to render
the state ‘absolute’ in the political domain, by establishing that neutral-
ity to religion which signifies the expulsion of the church from the state
apparatus. This is the ‘authoritarian’ basis of Pufendorf ’s construction
of a zone of liberal religious freedoms.
We may agree with Döring, therefore, that Pufendorf ’s conception of
toleration is politically based and of limited scope, with Pufendorf refus-
ing to extend toleration to the Catholic church, on the grounds of its
refusal to accept the state’s religious neutrality (Döring ). This does
not mean, however, that Leibniz’s conception of an ecumenical faith
grounded in transcendent reason would support a more liberal form of
religious freedom. On the contrary, as we have seen, in continuing to
make political authority conditional on transcendent truth, Leibniz is
tempted to make such truth politically enforceable. Conversely, in
extending the state’s power by rendering it indifferent to transcendent
truth, Pufendorf had opened a domain of liberal rights – the domain of
conduct incapable of threatening the republic – which could be further
expanded. This expansion was undertaken by Pufendorf ’s most famous
follower, Thomasius, whose arguments for the toleration of various
heresies contrast sharply with Leibniz’s views in this regard.
.
Christian Thomasius (–) was the leading exponent of
Pufendorfian civil philosophy in late-seventeenth- and early-eighteenth-
century Protestant Germany. Given that he was also a famous – or noto-
rious, depending on one’s viewpoint – anti-scholastic educational
reformer, and considering the standing he achieved as an academic, cul-
tural commentator, and jurisconsult to the Brandenburg-Prussian state,
one of the most puzzling aspects of Thomasius is his current relative
obscurity. Until very recently, in the Anglophone academy the signifi-
cance of his multifaceted work has been known only to a handful of spe-
cialists (Barnard ; Barnard ; Beck , –; Haakonssen
; Schneewind , –). The appearance of important new
studies by younger scholars suggests that this situation might be chang-
ing (Ahnert ; Hochstrasser ; P. Schröder ). Even in
Germany however Thomasius has been described as ‘forgotten’ (W.
Schmidt ). It is true that the Germanists of the s claimed him
as a hero of the Frühaufklärung, yet Frank Grunert’s bibliography suggests
that serious attention to Thomasius’ jurisprudential, political, and
ethical work is largely a post-war development, picking up momentum
during the seventies and eighties (Grunert ; Grunert a). It is
likely that this renewed interest in Thomasius, and in early modern
natural law and practical philosophy more generally, has been driven by
German moral philosophy’s post-war concern to recover an ethical basis
for politics (Dreitzel ; Dreitzel ). This, as we shall see, turns out
to be a somewhat ironic light in which to view a political jurist whose
prime concern was to find a political basis for ethics.
There are several reasons for Thomasius’ relative obscurity in the
modern period. In the first place, unlike Pufendorf ’s, Thomasius’ works
did not receive European-wide dissemination in the late seventeenth and
early eighteenth century. Here several contributory factors come into
Thomasius and the desacralisation of politics
play. Most of Thomasius’ works were written in German rather than
Latin, which made them less open to translation and dissemination than
Pufendorf ’s accomplished Latinity. Pufendorf was also earlier in the
field than his follower, publishing the definitive civil reconstruction of
natural law in his De Jure sixteen years before Thomasius’ Institutiones
Jurisprudentiae Divinae of . These factors combined to secure the
translation and dissemination of Pufendorf ’s natural law into other
Protestant European countries which were seeking a solution to the
problem of confessional conflict via some form of desacralisation. Jean
Barbeyrac’s French translations of Pufendorf ’s De Jure () and De
Officio () – intended to make the new civil ethics and politics avail-
able to the Huguenot Diaspora – and Gershom Carmichael’s related
annotation of the De Officio () for teaching duties in the Scottish
Enlightenment, point up the more localised cultural setting within which
Thomasius’ works circulated: Protestant Germany (Mautner ;
Moore and Silverthorne ; Othmer ). Basil Kennet’s English
translation of the De Jure () and Andrew Tooke’s of the De Officio
() – no doubt feeding into English debates over the ‘religious ques-
tion’ – tell a similar story. This does not mean, however, that Thomasius’
work was narrow or provincial. On the contrary, his decision to lecture
and write in German, like Barbeyrac’s to translate Pufendorf into
French, was governed by the desire to expand the audience for civil phi-
losophy. Both men sought to reach beyond the Latinate readership of
the universities – which they regarded as mired in scholasticism and con-
fessionalism – in order to address other vernacular publics, especially the
politici and administrative nobility, many of whom were not inured to
Latin. Nonetheless, the fact that Thomasius’ works were not translated
into other national languages in the early modern period helps to
explain why they remain untranslated today.
The second reason for Thomasius’ comparative obscurity is more
intrinsic, arising from the difficulty of clarifying his intellectual relation
to Pufendorf and an associated ‘unevenness’ in his intellectual positions.
In our earlier discussion of the Preliminary Dissertation that he prefixed to
his Institutiones, we have already taken note of Thomasius’ own account
of his conversion to Pufendorfian natural law. In experiencing the full
desacralising force of Pufendorf ’s arguments, Thomasius took sides in
the intellectual civil war that was unfolding between civil and metaphys-
ical philosophy. Further, in dedicating himself to the study of politics and
German Staatsrecht – while nonetheless remaining committed to a pietis-
tic form of Lutheranism – Thomasius was heir to a mix of ‘statist’ juris-
prudence and spiritualistic theology very similar to Pufendorf ’s
Introduction
intellectual sources. Nonetheless, there are important differences in the
manner in which the two thinkers configured and used their common
sources.
As jurisconsults, both men belonged to the stratum of gelehrte Räte or
academic advisors to government, in which university duties were rou-
tinely combined with political ones. Without renouncing his pedagogi-
cal interests and activities, Pufendorf ’s life carried him from the
academic to the political end of this career spectrum – as can be seen in
his roles as privy councillor, secretary of state and royal historian at the
court of Charles XI of Sweden (–), and then as court historian
and judicial privy councillor at the Brandenburg-Prussian court
(–) (Döring , –; Döring ). Despite his occasional
forays as a practising advocate and his own role as a judicial adviser to
the Brandenberg-Prussian court, Thomasius’ activities were concen-
trated at the academic end of the spectrum, in his role as a founding law
professor in Brandenburg’s new University of Halle. Established by the
Hohenzollerns in , as an institution for the training of jurists and
clergy independent of the orthodox Lutheran universities, Halle pro-
vided Thomasius with a relatively safe haven from which to launch a
programme of academic-cultural reform that was broadly in keeping
with Hohenzollern Religionspolitik (Hammerstein ; Schindling ).
From here he could conduct a remarkable one-man campaign to dis-
mantle the neoscholastic curriculum and replace it with one suited to
forming the future jurists and statesmen of a deconfessionalised princely
territorial state.
If his intense engagement with the problem of cultural pedagogy gave
Thomasius’ civil philosophy a different emphasis to its Pufendorfian
model, then his version was also set apart by an associated difference in
intellectual and theological emphasis. Both writers drew on Lutheran
theological voluntarism – the doctrine of the will’s dominance of reason
and reason’s consequential incapacity for thinking transcendent ideas –
as a means of attacking metaphysics and admitting statist civil sciences
to the ethical domain. We have already suggested that Lutheran volun-
tarism was the source of an important parting of the ways in German
academic culture. For while the insistence on the inaccessibility of the
divine attributes to human understanding supported a strong separation
of revealed and natural knowledge, this could be used for two quite
different purposes. On the one hand, Lutheran fideists like Daniel
Hofmann, and later the Halle Pietists with whom Thomasius was asso-
ciated, could use it to attack neoscholastic metaphysics in order to defend
a spiritualistic theology; that is, a theology grounded in a biblicistic
Thomasius and the desacralisation of politics
inwardness hostile to all metaphysical and rational theology (Brecht
; Sparn ). But, on the other hand, the separation of revealed
and natural knowledge and rejection of metaphysical rationalism could
also be used to secure the intellectual autonomy of ‘empirical’ sciences,
as Arnisaeus had done in his ‘instrumentalist’ political science, and
Pufendorf in his ‘empiricist’ reconstruction of natural law. Unlike
Pufendorf, in his early natural law work Thomasius remained in transi-
tion between these two anti-metaphysical strategies. In the Institutiones of
, Thomasius thus attacks the metaphysical confusion of theology
and philosophy in order to provide a secular foundation for natural law.
Yet he also uses this attack in order to admit positive biblical command-
ments, as compensations for the incapacity of natural knowledge,
thereby deviating from Pufendorf ’s strict exclusion of revealed Christian
law from the domain of natural law. The transitional character of
Thomasius’ thought in this regard accounts, perhaps, for its greater
unevenness in comparison with Pufendorf ’s – an unevenness that sees
him oscillating between a number of different intellectual and theolog-
ical positions during the s. We will return to these issues below.
If, however, Thomasius’ transition to a detranscendentalised natural
law was less clear cut and elegant than Pufendorf ’s, Thomasius none-
theless contributed something important to his mentor’s agenda.
Pufendorf had indeed realised that for the desacralisation of civil
governance to succeed it would be necessary to sever the configuration
of civil duties from the cultivation of Christian moral personality. We
have seen, moreover, that he made a fundamental contribution to this
programme through his relegation of the unified Christian–metaphysi-
cal concept of the person in favour of the pluralised construction of civil
personae. It was Thomasius’ achievement, however, to recognise the
depth of the academic-cultural transformation that would have to take
place if Pufendorf ’s projected pluralisation of civil personhood were to
take root in the educational institutions where young Protestant jurists,
officials, and statesmen acquired their intellectual deportments. These
were the circumstances in which Thomasius developed his Affektenlehre –
or doctrine of the passions. Through this moral therapeutics he sought
to take over Pufendorf ’s voluntarist and pluralist conception of civil
‘offices’, while simultaneously grounding this conception in a paideia of
passional restraint capable of displacing the intellectualist paiedeia of
Protestant neoscholasticism.
As we noted in our Introduction, Thomasius’ Preliminary Dissertation
to the Institutiones contains a good biographical pointer to the larger his-
torical significance of his programme. In attacking Alberti’s heresy
Introduction
allegation against Pufendorf, Thomasius identifies the two central
errors of his neoscholastic opponents. In making this charge, which
depends on the metaphysical doctrine that divine and human justice
form a single order, Alberti was applying moral–theological categories
in the domain of civil jurisprudence, where they have no business.
Further, in doing so, he was usurping ‘the power and right to declare
someone a heretic [which] belongs to no private person – even if they
were great and famous – but only to the prince’, who would himself be
best advised not to use it (PD, § , –). In these remarks we can discern
the central characteristic and driving force of Thomasius’ programme.
This lies in his recognition of the historical complicity between the
merging of the theological and civil sciences in scholastic metaphysics
and the merging of religious and political authority in confessional
society (Döring b). This recognition in turn holds the key to under-
standing the relation between the two wings of Thomasius’ remarkable
programme: on the one hand, his cultural–pedagogical campaign to
replace metaphysical scholasticism with an ‘eclectic’ array of civil sci-
ences and a privatised religion of faith and grace; and, on the other, his
political–jurisprudential campaign to strip all civil power from the relig-
ious estate, transferring this power wholly and solely to the secular sove-
reign territorial state (Dreitzel ; Wiebking ). For Thomasius,
these campaigns formed the dual wings of a single programme of
deconfessionalisation because, perhaps more clearly than any of his
contemporaries, he saw that the catastrophic linkage between the exer-
cise of political authority and the pursuit of holiness had been forged
in the theology and philosophy faculties of the confessional university.
Thomasius thus saw the struggle between metaphysical rationalism
and civil voluntarism as something far more consequential than a clash
between rival theories of moral being. He realised that, in programming
the ethical regimen through which young intellectuals relate to them-
selves and accede to their duties, these doctrines gave shape to different
deportments of the person, different kinds of moral being. In particular,
by training young intellectuals to accede to their civil powers and duties
through self-sanctifying insight into true faith or pure reason, the meta-
physical rationalism of Schulphilosophie gave rise to an intellectual deport-
ment inimical to the governance of deconfessionalised states. For this
mode of governance required that individuals accede to their civil duties
on the basis of their status as subjects of the desacralised Rechtsstaat.
Here, though, we reach the third and least tractable of all the
difficulties confronting modern attempts to understand Thomasius. For,
as we have already observed in our Introduction, since Kant the history
Thomasius and the desacralisation of politics
of moral philosophy has been written as if metaphysical rationalism and
civil voluntarism were indeed nothing more than conflicting ideas or the-
ories, destined to be reconciled in Kant’s final discovery of the categori-
cal imperative – a pure thought giving rational law to the will. In treating
the metaphysics of transcendent insight and the ‘civics’ of political
command as the partial viewpoints of a single moral subject – thereby
setting the scene for their reconciliation in the person who commands
themselves through transcendent insight into the moral law – post-
Kantian philosophical history renders itself incapable of comprehend-
ing the historical struggle between metaphysical and civil philosophy. For
this was not a struggle within the moral person, open to resolution via a
self-reflexive moral philosophy. It was a contest between rival cultu-
ral–political groups locked in a bitter struggle to control and configure
the cultural institutions in which different moral personae were fash-
ioned. So great, though, is the obstacle posed by post-Kantian philosoph-
ical history to our understanding of Thomasius, that it demands a
dedicated discussion.
So, firstly, it does not suffice for a complete Christian ethics to know how to dis-
cipline the affects – in which Herr Thomas[ius] claims the whole of ethics con-
sists – because occasionally the utterly un-Christian statists and atheists are
capable of this in a quite masterly way. But ethics also includes the doctrine of
the highest good and true felicity, whose attainment is the principal reason for
teaching and learning ethics. Further, the theory of the virtues (through which
true happiness is attained) should also illuminate a man’s immortal soul with the
brilliance of the true light of virtue, and implant there these virtues so that the
Thomasius and the desacralisation of politics
soul may turn to God – [the God] from whom these virtues came and whose
grace and holy dwelling they lost through original sin – again ascending to
reunite with him, once more able to appear worthy and capable before God.
Just as among the pagan philosophers Plato had recognised and taught that the
true felicity consists in union with God. Because of this and other excellent doc-
trines he was called the Divine Plato. Then if I have God, so I certainly have / That
which will eternally delight me. Namely, the highest good, the highest pleasure, and
the highest tranquillity of the soul. (KTS, –)
.
Although moral voluntarism plays a key role in the Institutiones
Jurisprudentiae Divinae of , it was not until he came to write the
Fundamenta Juris Naturae et Gentium of that Thomasius made his
Affektenlehre central to his construction of natural law. Rather than being
a fully independent work, however, the Fundamenta is a rectification and
reworking of the Institutiones. It consists of a new framework for natural
law – provided by the Affektenlehre – followed by a series of chapters, cross-
referenced to their counterparts in the Institutiones, and containing
detailed instructions to students for the emendation of the earlier doc-
trines. If we are to discuss the role of Thomasius’ anthropology of the
passions in the Fundamenta, then we must first give an account of the
Institutiones, so that we can grasp Thomasius’ view of the problems the
Affektenlehre was intended to solve.
.
In this our final chapter we discuss Immanuel Kant’s practical philoso-
phy – his metaphysics of morality, law, politics, and religion – in relation
to the conflict between civil and metaphysical philosophy whose history
we have been essaying. Kant’s philosophy, we shall argue, represents the
decisive step in the modernisation of university metaphysics initiated by
Leibniz, whose own embryonic programme had since been developed
into a new and all-embracing form of Protestant scholasticism by
Christian Wolff. Despite its lack of direct engagement with the writings
of Pufendorf and Thomasius, Kant’s philosophy thus remains deeply
implicated in the intellectual civil war that continued to rage between
university metaphysics and civil philosophy. Kant’s role in this conflict,
however, has become very difficult for us to discern, as the modern
humanities academy is so saturated by Kantian styles of thought that we
have come to treat them as timeless. This dehistoricising of Kant is
reflected in the debate over whether he may be regarded as a metaphy-
sician at all, rather than as the philosopher who simply uncovered the
subjective conditions of human thought and morality (Gram ). It is
also reflected in those histories that see Kant’s philosophy as transcend-
ing religious, political, and cultural conflict altogether – as ushering in
an epoch of Enlightenment in which all the old divisions would give way
to a fully universal and autonomous conception of human reason, char-
acterised by the virtues of Aufklärung, Selbstdenken, Perfektibilität: enlighten-
ment, intellectual autonomy, perfectibility (Beck ; Beck ;
Hinske ; Schneiders ).
It is not difficult to demonstrate the prima facie implausibility of this
kind of interpretation; for Kant’s practical philosophy is shaped at every
point by a relentless and occasionally vehement rejection of the central
tenets and direction of civil philosophy of the Pufendorfian kind. This
Introduction
rejection is manifest in Kant’s unstinting repudiation of all conceptions
of virtue that treat it as a restraint of conduct in accordance with the
ends of personal or civil happiness. The following attack on the concep-
tion of virtue as outward conformation to prudential law – taken from
his Religion within the Boundaries of Reason Alone – is typical:
Virtue here has the abiding maxim of lawful actions, no matter whence one
draws the incentives that the power of choice [Willkür] needs for such actions
. . . But not the slightest change of heart is necessary for this; only a change of
manners [Sitten]. A man here regards himself as virtuous whenever he feels
himself fortified in the maxims of observing his duty, but not by virtue of the
supreme ground of all maxims, namely duty itself. The immoderate man thus
converts to moderation for the sake of health; the liar to truth for the sake of
reputation; the unjust man to civil righteousness for the sake of peace or profit,
and so on, all in conformity with the prized principle of happiness. (.; RRT,
)
This criticism is, of course, a direct echo of Leibniz’s complaint that
Pufendorf ’s ethics confines itself to merely lawful actions and ignores
inner motives. It is also strikingly similar to the ‘old theologian’s’ attack
on Thomasius’ restriction of morality to management of the passions,
in the course of which it is argued that ‘the theory of the virtues (through
which true happiness is attained) should also illuminate a man’s immor-
tal soul with the brilliance of the true light of virtue, and implant there
these virtues so that the soul may turn to God . . . again ascending to
reunite with him, once more able to appear worthy and capable before
God’ (KTS, ).
Kant’s attack on prudential ethics should thus serve to remind us that
it was the civil philosophers who had in fact sought to confine ethics to out-
wardly lawful actions, rejecting all concern with inner motives. Further, it
should lead us to recall that Pufendorf and Thomasius had indeed created
an ethics and politics designed to convert the unjust to civil righteousness
for the sake of social peace, regardless of purity of heart. After all, we have
just listened to Thomasius’ powerful argument against the political meta-
physicians that, considering the end of civil rule is social peace, ‘it is not
necessary that subjects dedicate their whole hearts to the cultivation of
virtue . . . but it is enough for this that they refrain from external vice to the
extent that it disturbs the peace’ (RFS, ). Finally and above all, however,
Kant’s attack should remind us that in restricting ethics to outward civil-
ity regulated in accordance with the end of social peace, the civil philos-
ophers were engaged in a profound struggle to desacralise politics and
deconfessionalise society – the struggle to uncouple civil authority from
Kant and the preservation of metaphysics
moral truth, the public pursuit of happiness from the private striving for
moral regeneration. In short, despite what the modern Kantians say,
Kant’s attack on the moral sufficiency of outward lawfulness and pruden-
tial ethics allows us to approach him as heir to the main line of German
university metaphysics – including its constitutional hostility to civil phi-
losophy – and hence as party to the ongoing attempt to resacralise the
domain of civil governance.
As in our discussions of Leibniz, Pufendorf, and Thomasius, in order
to arrive at an historical understanding of Kant’s philosophy we must
return it to the circumstances of cultural, political, and religious conflict
in which it was fashioned. Four features of Kant’s historical circum-
stances lend plausibility to our treatment of him as a university meta-
physician who was constitutionally opposed to civil philosophy’s
detranscendentalising of ethics and desacralising of politics. In the first
place, after attending a Pietist preparatory school in Königsberg, Kant
was trained by Wolffian philosophers at the university, and then spent his
entire adult life in the precincts of the University of Königsberg’s phi-
losophy faculty; first as a student, then as lecturer (–), and finally
as professor of logic and metaphysics (–) (Stark ). Unlike
Leibniz, Kant did not know the life of the court savant. Unlike
Pufendorf ’s, his philosophy was not shaped by the role of political or
jurisprudential adviser to government. Further, we have already noted
that Königsberg’s philosophy faculty was responsible for elaborating the
modus vivendi between Pietist voluntarism and Wolffian rationalism. In
seeking to reconcile the cultures of moral rebirth and rationalist self-
purification, Kant’s teachers, F. A. Schultz and Martin Knutzen, pro-
vided the form in which he would inherit Schulmetaphysik (Erdmann ;
Hollmann ; Malter ).
Secondly, if Kant was himself taught by Wolffian metaphysicians,
then his own teaching was also heavily indebted to the Leibniz–Wolff
inheritance. Kant’s lectures on metaphysics and moral philosophy were
based on the same two Wolffian compendia – A. G. Baumgarten’s
Metaphysica () and Initia Philosophiae Practicae Primae () – through-
out his long career. Kant was, of course, no slavish adherent of Wolffian
rationalism. In fact his commentary on Baumgarten’s texts, published in
volumes and of the Akademie Ausgabe, shows that, while he
expounded them for his students, he used their divisions primarily as a
platform for his own metaphysical and moral philosophising. This is
borne out by the surviving transcripts of Kant’s lectures. In all likelihood
produced by professional amanuenses for student use, and now available
Introduction
in English as the Lectures on Metaphysics (LM) and Lectures on Ethics (LE),
these transcripts reveal little if any deviation from Kant’s published doc-
trines. Nonetheless, while criticising Leibnizian and Wolffian metaphys-
ics – for its claims to immediate noumenal intuition and for the
perfectionism associated with this knowledge – Kant’s philosophy
emerges as an elaboration, criticism, and modification of his metaphys-
ical predecessors’ (Heimsoeth ; Heimsoeth ; Schmucker ;
Wundt ). We shall return to this point below.
Thirdly, we must take due note of the institutional centrality of meta-
physics to the Königsberg philosophy and theology faculties. Unlike
their contemporaries at Halle, students at Königsberg – expressly the
theology students – were required to begin their course of six semesters
and three years with a semester of metaphysics, the most famous teacher
of which during the latter half of the eighteenth century was Professor
Kant. The Methodological Instructions to Students, issued in the summer
semester of , left them in little doubt about why:
Metaphysics deals with the first concepts and principles of all human knowl-
edge, and without it nothing in any other science can be possibly explained or
proven. It therefore facilitates the learning of all the other sciences because,
unlike them, it treats of the world, of the nature of the body, of man and all his
spiritual powers, and of God; thus it fosters fundamental insight in theology,
jurisprudence and medicine. (Stark , )
Eighty years after the fact, then, Thomasius’ proposal to explode the
metaphysical unity of the neoscholastic curriculum – to separate philos-
ophy from theology, replacing metaphysics with history, and moral phi-
losophy with his Affektenlehre – would seem to have fallen on deaf ears, at
least in a faculty charged with the philosophical preparation of theolo-
gians rather than jurists. Kant, who had himself been taught metaphys-
ics by Knutzen, was in his turn required to teach it to the next generation
of philosophy and theology students, which he did with great dedication.
Finally, to understand the importance of metaphysics at Königsberg,
we need to take brief note of the university’s cultural and political
setting. As the capital of East Prussia, Königsberg was a frontier post of
Lutheran German culture, adjacent to the religiously unreliable Baltic
states and multi-religious Poland, and confronted by the vast unknown
of Russian orthodoxy. It was in this setting that Königsberg’s law faculty
took on the role of forming the ‘juridical civic consciousness’ of a pro-
vincial ruling elite, imitating the forms of legal education and legal
governance that held sway in the Prussian centre, but adapting these to
the culture and circumstances of the Baltic periphery (Lestition ).
Kant and the preservation of metaphysics
More importantly for our present concerns, it is also this frontier setting
that accounts for the key role played by Königsberg’s philosophy and
theology faculties. For it was their joint task to train the Lutheran clergy
and schoolmasters of East and West Prussia, thereby functioning as a
kind of cultural headquarters for the maintenance of Lutheran religious
culture in the Baltic region (Hubatsch ). Salmonowicz thus points to
the quasi-colonial character of Königsberg culture when he reminds us
that by lecturing in German from a Lutheran perspective, the philoso-
phy and theology faculties were doubly excluding the town’s Polish
inhabitants (Salmonowicz ). For, in this way, a foreign language was
joined to a foreign religion, forcing these residents to send their young
men to Cracow for university education. If the brilliance of the
Königsberg Aufklärung thus failed to illuminate all its sons equally, then
neither were the teachings of its sage suited to all hearts and minds. Just
as he had been taught by Schultz and Knutzen, Kant taught moral phi-
losophy and metaphysics in German to Protestant boys, whose average
starting age was sixteen. The majority of these boys came from Prussia,
were students of theology, and were destined to become Lutheran
pastors, teachers, and academics (Stark , –). This, as we shall see,
turns out to be an important pointer to the role of Kant’s metaphysics
in the delineation and grooming of a certain kind of cultural deport-
ment.
In helping us to grasp the circumstances in which Kant’s attack on
civil ethics took place, these four aspects of Kant’s role as a Protestant
university metaphysician provide important pointers to the historical
meaning and significance of his philosophy. They indicate that the uni-
versity where Kant received his education, and became a celebrated
teacher, was one in which the philosophy and theology faculties fulfilled
the same joint function as in other Lutheran confessional universities:
namely, the cultural formation of the religious intelligentsia – a role
sharpened by Königsberg’s role in maintaining Lutheran religious
culture at Prussia’s Baltic frontier. Further, they suggest that Kant’s elab-
oration of a practical philosophy capable of harmonising rationalist
Wolffianism and voluntarist Lutheranism, undertaken within the frame-
work of a curriculum officially regulated by metaphysics, was the latest
refurbishment of the discipline whose role had always been to effect the
alliance of philosophy and theology: Schulmetaphysik. In short, despite the
widespread view of Kant as a non-metaphysical philosopher who tran-
scends the history of religious, political, and cultural conflict, we have
prima facie grounds for approaching Kant’s philosophy in a quite
The morals of metaphysics
different manner: namely, from the viewpoint of its emergence in a uni-
versity dedicated to preserving metaphysics as a comportment-educa-
tion for religious intellectuals.
Still, regardless of their prima facie significance, unless we can show
their relation to Kant’s central intellectual conceptions and doctrines,
these features of his cultural and academic situation will remain only
pointers to the historical significance of his philosophy. To this end, this
chapter undertakes a series of tasks. First – having prepared the his-
torical and methodological ground (., .) – we essay an historical
reconstruction of Kant’s moral philosophy, focusing on its moral anthro-
pology and attendant ‘spiritual exercises’, and treating these as the key
to understanding the manner in which this philosophy was embedded in
historical and institutional reality (.). In doing so, we will be perform-
ing the same kind of historical reconstruction as already undertaken on
Leibniz, Pufendorf, and Thomasius, approaching Kant’s moral anthro-
pology, like theirs, as the programme for a particular way of relating to
and shaping the self. We then discuss the formative role of Kant’s meta-
physical paideia for his doctrines of law and politics (Rechtslehre and
Staatsrechtslehre) (.) and his philosophical theology and ecclesiology
(.). Throughout, we shall maintain a running comparison between
Kant’s doctrines in these areas and those of Pufendorf and Thomasius.
The object of this undertaking is to redescribe Kant’s metaphysical phi-
losophy as a specific historical intellectual culture, neither more nor less
true to ‘humanity’ than its civil rival, but, like it, constituting a particu-
lar response to the problems of religious and civil governance confront-
ing early modern states.
In other words, Kant takes the crucial step towards showing the possibil-
ity of the categorical imperative and, with it, the necessity for metaphys-
ics, by demonstrating that through a mere a priori thinking of its idea,
independent of all empirical ends and experiences, he has immediate
insight into its content. This content is in fact the necessity that all sub-
jective ends or wills be conformed to a universal law or general will.
The first thing to observe regarding Kant’s step into metaphysics in
Part is that it formalises a transition that has already taken place. The
idea of rational being as the ground of an autarkic will has been out-
lined in the Preface. Moreover, this idea governs Kant’s extraction of his
moral principle from ordinary moral consciousness in Part , which, we
have argued, should be seen as a programme for inducing the desire for
metaphysical knowledge in the reader. Part thus presumes a reader
who has already identified his true self with a hidden capacity for self-
determination through the mere thought of the moral law. Further, this
is a reader who regards all attempts to derive maxims for the will from
external empirical ends – such as civil peace and prosperity – not merely
as philosophically erroneous but as morally corrupting. It is not so sur-
prising, then, that Kant’s hierarchical division of the moral world into
just two orders – the prudential–empirical and the categorical–a priori
– should be supported by no significant argumentation.
Kant, though, does offer two arguments for the inadequacy of pru-
dential ethics: namely, that disagreement over the nature of happiness
arising from man’s empirical desires robs this ethics of unity; and that
the fallibilities of worldly realisation rob it of certainty (.–; PP,
–). But these standard topoi presume the superiority of metaphysics
as an ethos – presume, that is, autarkic contemplation as the highest
form of life. In fact their role is only to intensify the desire for participa-
tion in that ethos, as we have already observed with regard to Albert’s
use of the same arguments. From this position, had Kant actually
encountered Pufendorf ’s solutions to these problems, then, we may con-
jecture, he would have found them morally unintelligible. For Pufendorf,
we recall (.), rejects the whole idea of a contemplatively unified moral
personality, replacing it with his doctrine of a plurality of functionally
Kant and the preservation of metaphysics
differentiated offices and personae. Moreover, he secures agreement
over the nature of happiness in the one area where this mattered – the
civil happiness of social peace – by delegating its determination to the
political sovereign, who could enforce it if needs be. Finally, Pufendorf
was of course fully aware of the fallibility besetting the worldly realisa-
tion of social peace. He proposes to deal with this, however, not by with-
drawing into a self-actualising contemplative felicity, but by equipping
the ruler with irresistible powers of political decision and action. For his
part, were Pufendorf to have encountered Kant’s arguments for the
insufficiency of prudential ethics and the necessity of a priori insight
into a universal moral principle – and it is likely that he would have been
familiar with earlier versions of these – he would have immediately rec-
ognised them as intellectual instruments internal to the metaphysical
ethos.
If Kant’s treatment of prudential–empirical ethics thus reveals no
significant intellectual engagement with its most powerful civil-philo-
sophical instances, this is not because he had transcended all merely
anthropological forms of ethics by recovering the pure form in which
rational being reveals its will to man. Rather it is because his own meta-
physical anthropology – one might say his own metaphysical encultura-
tion at Königsberg – pre-commits him to repudiate prudential–
empirical ethics as a corrupting reinforcement of man’s lower sensible
nature. The prudential–empirical ethics discussed in Part of the
Groundwork is actually internal to Kant’s metaphysics, and to his meta-
physical anthropology in particular. The central role of Kant’s presen-
tation of this ethics is thus actually exhortatory and pedagogical. It is
designed to turn his readers away from this cultural rival sight-unseen,
as a corrupting threat to the a priori grounding of morality, on which
the completion of their true intellectual selves depends:
Against this laxity or even ignoble cast of mind, which seeks its principle among
empirical motives and laws, we cannot give too many or too frequent warnings;
for human reason in its weariness gladly rests on this pillow and in a dream of
sweet illusions . . . it substitutes for morality some misbegotten mongrel patched
up from limbs of very diverse ancestry and looking like anything you please,
only not like virtue, to him who has once beheld her in her true shape. (.;
PP, )
In fact, this misbegotten mongrel ethics was, we recall, being taught just
around the corner from the lecture hall in which Kant denounced it, in
Königsberg’s law faculty. Here Sahme and his successors used
Pufendorf ’s and Thomasius’ natural law ethics – governed by the merely
Moral philosophy as metaphysical ‘paideia’
empirical happiness of social peace – ‘to grasp the way in which the
power of princely, territorial-state institutions would end the heritage of
religious strife and sectarianism’, and to renew ‘juristic modes of
thought encouraging self-disciplining and a functional subordination to
diverse roles on various levels below the prince’ (Lestition , ). In
short, the persistence of detranscendentalised civil ethics in the face of
Kant’s reinvention of metaphysical ethics is symptomatic of the fact that
they represent autonomous moral cultures, grounded in divergent a-
rational life-orders.
The manner in which Kant presents prudential–empirical ethics,
however, does play an integral role in his ‘formal’ demonstration of the
possibility of the categorical imperative and hence of the necessity for
metaphysics. In fact Kant motivates assent to his apodeictic demonstra-
tion of the categorical imperative by presenting the rival pruden-
tial–empirical derivation of moral rules as both philosophically and
morally impure – by presenting it, that is, both as a theoretical obstacle
to pure (formal) insight into the categorical imperative, and as a moral
hindrance to the speculative purification of the rational being who is to
bear this insight. This presentation allows Kant’s ‘discovery’ of the cat-
egorical formula to assume a powerful self-validating rhetorical form:
namely, the form of a sudden illuminating breakthrough to a higher
order of pure intellection – an apodeictic insight into a self-interpreting
concept – which could of course only be achieved by a purified rational
being: ‘When I think of a hypothetical imperative in general I do not
know in advance what it will contain, until I am given its condition. But
when I think of a categorical imperative I immediately know what it
contains’ (.; PP, ). In this way, the validity of Kant’s demonstra-
tion of an imperative whose meaning and necessity lies in the mere
thinking of its idea, comes from his own exemplary performantial think-
ing of this idea. Through this intellectual performance he presents
himself to his readers and students as a being possessing the moral and
theoretical purity required to be the bearer of such an insight. This pro-
vides the appropriate light in which to view Kant’s otherwise enigmatic
statement: that ‘perhaps the mere concept of a categorical imperative
may . . . also provide us with the formula containing the only proposi-
tion that can be a categorical imperative’ (.; PP, –). If this is so,
then the acceptability of the categorical imperative is internal to the
paideia of university metaphysics.
In addition to providing an appropriate historical interpretation of
Kant’s construction of the categorical imperative, our account also
Kant and the preservation of metaphysics
provides a clear explanation for the double – formal and ascetic – char-
acter of the formula itself, which has been a longstanding topos of Kant
commentary (Paton ; Williams ). For, on the one hand, Kant
presents the categorical imperative – ‘Act only on that maxim through
which you can at the same time will that it should become a universal
law’ – as a formal test of morality. As such, the formula is open to all sub-
jects, who may determine the morality of their actions merely by
reflecting on whether their maxims could be willed as universal law,
without the need of any erudite analysis of possible consequences
(.–; PP, –). On the other hand, it must be observed that Kant
construes ‘maxim’ as the determination of a will distracted by the
subject’s empirical nature, ‘often his ignorance or again his inclinations’,
while ‘law’ signifies ‘an objective principle valid for every rational being’
(.; PP, , fn.). In other words, it becomes clear that to will a maxim
as a universal law means to purify the intellect of its sensuous limitations
so that it can will in accordance with the mere idea of the law, which
means that the categorical imperative is also a formula for the spiritual
grooming of the particular being who is to be its subject. In short, only
someone who has undergone the ascetic transformation prescribed by
the imperative as metaphysical paideia – that is, someone who is pre-
sumed to have purged their empirical inclinations and prudential ends,
and can contemplate the law as the rule of a universe of rational beings
– will judge in the manner prescribed by the imperative as formal test.
This analysis of the categorical imperative is confirmed by, and in
turn elucidates, the manner in which Kant exemplifies its use as a test,
the most well-known of the examples being those of lying and false-
promising. Kant repeatedly uses these examples in his ethics lectures,
where he tells his students that while it may be possible to will ourselves
to lie out of self-interest, it is incoherent and self-defeating to will that
everyone should lie, by making lying into a universal law (.–;
LE, –). As Kant says, such examples are not intended as empirical
justifications for the categorical imperative, whose grounding must never
come from experience, but as external indications of the fact that all
men do have the imperative in their reason. This, remarkably, is how
modern Kantian academics continue to present the examples to under-
graduates today.
This way of presenting the examples, however, presumes a student or
reader already disposed to see himself as a member of a community
of intelligences in transparent communication with each other. This
Moral philosophy as metaphysical ‘paideia’
concrete way of relating to the self both drives the test of universalisa-
tion (because intellectual beings will identically) and ensures that lying
must fail it (because it is contradictory for a being whose nature is pre-
disposed to spiritual communio to dissemble). For an ethics grounded in a
different anthropology and cosmology, therefore, the test of universal-
isation need make no sense, and lying can have a quite different moral
significance. In Thomasius’ detranscendentalised ethics – grounded not
in the Platonic anthropology of rational beings in transparent communio,
but in the Epicurean one of passional beings in civil conflict – there is
no imperative to test the morality of lying by universalising it.
Thomasius can thus offer a limited prudential justification of dissem-
bling, to the extent that this is necessary for personal safety or the secur-
ity of the state (KPK, .–, –). In other words, the categorical
imperative is not something contained a priori in everyone’s reason, but
something installed in the reason of certain individuals, as part of their
initiation into the moral culture of metaphysics.
Perhaps this is enough to show that Kant’s construction of the moral
law in Part of the Groundwork cannot be understood as the metaphysi-
cal recovery of the principle of pure morality contained in all rational
beings. This construction is properly understood as a use of metaphys-
ics as a particular kind of spiritual grooming, one whose role is to form
subjects who will accede to moral principles as if they were commands
of a higher rational being within them. Kant treats the other three prin-
ciples discussed in Part – the principles of humanity (rational being as
an end in itself), autonomy, and the kingdom of ends – as ways of bring-
ing the asbstract moral law ‘closer to intuition’ without recourse to
anthropology. Given, however, our argument that the formulation of the
moral law is itself wholly dependent on the metaphysical anthropology
and paideia, then we should expect the same of these three further prin-
ciples. A few remarks on each of them will be enough to suggest that this
is indeed the case.
Kant’s formula for humanity or rational being as an end in itself –
‘something whose existence has in itself an absolute value, something
which as an end in itself could be a ground of determinate laws’ – is, of
course, one we have already seen prefigured in Albert’s metaphysics, as
the formula for the autarky of the divine being. This figure of an intel-
lectual being containing its end in itself – therefore intelligising and
willing solely to realise itself, governed by no external goods and there-
fore the subject of all good, existing as pure self-contemplation or pure
Kant and the preservation of metaphysics
self-willing – is absolutely fundamental to the metaphysical anthropol-
ogy. Its role is to model the life of self-contemplative intellectual being
as the highest possible form of life.
Kant and his modern followers make much of the fact that for him it
is man rather than God who bears this rational being. Kant marks this
change by calling this being ‘humanity’, declaring that it is the human-
ity in us that is good in itself and that, as an end in itself, may never be
used as a means to any extrinsic end (.; PP, ). As we have seen,
however, it is not the ontological location of rational being that is rele-
vant to its function in the metaphysical paideia – Albert was indifferent as
to whether this being was thought of as outside or inside man – but its
use as a model for the contemplative deportment. In this regard the
important point is that Kant loads ‘humanity’ with all the attributes of
the metaphysical God, specifically those of self-contemplating and self-
willing intellectual being. He thereby establishes a difference between
‘humanity’ and ‘human beings’ similar to that between divine and
human being in traditional university metaphysics.
As a result of this metaphysical distinction, the Kantian sacralising of
pure humanity in oneself and others can be associated with a quite
callous attitude to empirical human beings. In declaring suicide to be
absolutely and unconditionally immoral, for example, Kant treats it as
the violation of humanity as a holy being by the lower order of empiri-
cal human beings, intent merely on relieving their own suffering: ‘But
suicide is contrary to the concept of humanity in my own person; and
humanity is in itself an inviolable holiness, wherein my personhood, or
the right of humanity in my person, is no less inviolably contained.’ In
fact the sacredness of Kantian humanity is the mark of its difference
from man, providing us with a new and faintly chilling insight into
Kant’s subordination of happiness to morality: ‘It [humanity] demands
the duty of morality, and it is only man who demands happiness, which
must be unconditionally subordinated to morality.’ The metaphysi-
cal–anthropological basis for the differentiation then follows:
Personhood, or humanity in my person, is conceived as an intelligible substance,
the seat of all concepts, that which distinguishes man in his freedom from all
objects under whose jurisdiction he stands in his visible nature. It is thought of,
therefore, as a subject that is destined to give moral laws to man, and to deter-
mine him: as occupant of the body, to whose jurisdiction the control of all man’s
powers is subordinated. (.; LE, )
By locating morality in the rational being who is in man – in order to
defeat all attempts to ground it in worldly happiness – Kant’s principle
Moral philosophy as metaphysical ‘paideia’
of humanity as an end in itself thus gives rise to a purism capable of
inflicting real suffering and indignity on empirical human beings.
Kant’s principle of autonomy bears similar relations, of filiation and
modification, to the great figure of contemplative autarky. His prime
construal of autonomy reads like a paraphrase of Albert’s construction
of the autarky of the divine intellect. As an end in itself, rational being
renounces all interest or ends outside itself and thereby becomes the uni-
versal ‘subject of all ends’ which, in turn, qualifies it to prescribe law for
all beings, universally: ‘From this there now follows our third practical
principle of the will, as supreme condition of the will’s conformity with
universal practical reason, the idea of every rational being as a will
giving universal law’ (.; PP, ). At the same time, Kant again
appears to humanise this formerly divine capacity of intellectual being,
ascribing it to man, who thereby becomes the author of the law to which
he himself is unconditionally subject. In fact, with this emendation,
Kant claims to have solved the problem that had defeated all previous
moral philosophies. This is the problem of how to obligate subjects to
the moral law, other than by determining their wills through incentives
and threats which, on his view, rob ethics of the universality and uncon-
ditionality proper to rational being:
For if one thought of man merely as subject to a law . . . the law had to carry
with it some interest by way of incentive or constraint, because it did not spring
as a law from his own will . . . This meant that all the labour spent in trying to
find a supreme principle of duty was irretrievably lost. For, one never discov-
ered duty, only the necessity of acting from a certain interest. This interest
might be one’s own or another’s; but on such a view the imperative was bound
to be a conditioned one and could not possibly serve as a moral law. I will there-
fore call this fundament the principle of the autonomy of the will in contrast
with all others, which I consequently class under heteronomy. (.–; PP,
–)
Despite all talk of autonomy being Kant’s way of ‘honouring man’,
however, this construction is not intended to cancel the ontological gap
between empirical man and the pure rational being whose self-willing
makes it into the universal subject of all ends. For it is only ‘Personhood,
or humanity in my person . . . conceived as an intelligible substance’ that
is in fact capable of governing itself through self-imposed universal law.
Sensible man, however, driven by transgressive inclinations, must
remain subject to incentives and sanctions capable of regulating his
desires and preparing him for the rule of his rational self. The principle
of autonomy – the idea of man as a creature whose intellectual nature
Kant and the preservation of metaphysics
prescribes universal law to his sensible self – is thus not an idea that
simply occurs to anyone. Rather, it is an idea which those undergoing
the metaphysical paideia are induced to think; for this is how they learn
to renounce their attachment to ‘external’ ends and interests, thereby
constituting the autarkic intellect to which they aspire as the legislative
source and ‘supreme principle’ of all duties.
Seen in this light, the claim that civil philosophers like Pufendorf and
Thomasius did not solve the metaphysical problem – the problem of
how to make the moral law obligatory without recourse to incentives and
sanctions – appears in its true form: as a symptom of the chasm separ-
ating radically different ethical cultures. It is not just that Pufendorf and
Thomasius were uninterested in this problem. In fact, as we have seen
(., .), they actually attempted to obliterate the metaphysical culture
in which it plays a self-formative role. This was why the civil philosophers
repudiated the metaphysical figure of God as a self-contemplating self-
willing intelligence, and attacked the idea that human beings could be
the source of their own duties by sharing in divine intellection. It is also
the reason they proposed instead their own anthropology and ethical
culture, based on the figure of man as a fractious empirical being whose
need for civil peace could only be satisfied through duties imposed on
him by a sovereign will possessing supreme political powers. Far from
failing to solve the problem of moral autonomy, Pufendorf and
Thomasius expounded an ethical culture that was explicitly and actively
inimical to this metaphysical ideal, treating it as symptomatic of the
desire of a spiritual elite to place itself above civil governance.
Similar remarks apply to Kant’s final principle, that of the ‘kingdom
of ends’. Once again, Kant presents this concept of a pure moral com-
munity as one that all rational beings will arrive at a priori, merely by
reflecting on the idea of the moral law. If each rational being is the self-
legislating source of a universal law, then all rational beings, regarding
each other as ends in themselves, must form a totality of rational wills.
For each is the source of the law to which it is subject through the recip-
rocal willing of the others, thereby forming a single general will (.;
PP, ). Yet this idea that lies at the heart of Kant’s notion of the
kingdom of ends – the idea of a totality of intelligences organically
united through reciprocal intellection – is clearly a version of the meta-
physical notion of the community of ‘separated intelligences’ already
seen in the Dreams: ‘For Kant’, we recall Heimsoeth saying, ‘everything
comes down to a community of rational beings, which is made possible
by the fact that all of them will essentially the same thing and that in the
Moral philosophy as metaphysical ‘paideia’
spiritual–rational core of their being they are totally alike’ (Heimsoeth
, ).
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lessens the self-transformative gap between his intelligible and sensible
natures. For participation in the self-governing community of intelli-
gences is actually conditional on the speculative purification of man’s
sensible nature. This, as we shall soon see, has striking consequences for
Kant’s theories of law and politics. For these theories are in fact
grounded in this figure of a community of reciprocally determining
intelligences forming a single general will. Yet they maintain a utopian
and potentially dangerous distinction between the ideal intelligible and
the actual historical community. For the moment we can again observe
that considering themselves as reciprocally determining members of a
community of intelligences or general will is not something that all men
harbour in their reason. Rather, it is the figure of thought through which
metaphysicians imagine their participation in the spiritual community.
Kant’s notion of equal participation in the kingdom of ends – the idea
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not a prefiguration of political democracy, but a thought-figure used in
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Index
Index
ecclesiology: Lutheran, –; Thomasius’, – intellectuals, , –, ; critical, –,
eclecticism, ; and civil philosophy, –; and , , , , , –; juristic,
scholasticism, –; Thomasius and, , , , , , ; metaphysical, ,
, –; history of, – ‒, –, , –, , –
Enlightenment (Aufklärung), , , ; civil, –,
, ; debate over, , , ; Kant and, Jacobi, F. H., –,
, ; metaphysical (philosophical), Jasinowski, Bogumil, –
–, –, , , , ; multiple Jesuits (Society of Jesus), ; and metaphysics,
forms of, , –, , –, , -; –
periodisation, –, –, –; and justice, ; Kant on, –; Leibniz on, ,
theology, –, , – ; Pufendorf on, –
Eschweiler, Karl,
Kant, Immanuel, ix, , ff; anti-
Fischer, Kuno, consequentialism, , –, ; ‘ascetic’
Foucault, Michel, (self-transformative) character of his
Friedeburg, Robert von, philosophy, , ff, –, –,
–, –, –; autonomy in, –,
Gerhard, Ephraim, – –; on the Bible, –; categorical
Gerhard, Johann, imperative, , –, –; his
Geßner, Salomon, Christology, , –; on the church
gnoseomonism, (philosophical ecclesiology), , –,
Goclenius, Rudolf, ; and civil philosophy, –, ,
Gregor, Mary J., – –, , , –; Conflict of the
Grotius, Hugo, , –, –; De Jure Belli ac Faculties, –; on crime and
Pacis, , punishment, ; and the critical
Grunert, Frank, intellectual, –, –, , ,
–; Critique of Pure Reason, , ;
Haakonssen, Knud, , Critique of Practical Reason, , ; Dreams
Habermas, Jürgen, of a Spirit Seer Elucidated by Dreams of
Hadot, Pierre, , , Metaphysics, –, ; on duty
Heckel, Martin, –, , –, (obligation), –, , –; General
Hegel, G. W. F., , Natural History and Theory of the Heavens,
Heimsoeth, Heinz, , –, –, –, ; on the general will, , ,
Henrich, Dieter, , –; on the good will, –;
heresy, , , ; and the desacralisation of Groundwork of the Metaphysics of Morals, ,
politics, , –, ; Leibniz on, –, , , ; hermeneutics,
–, , ; Thomasius on, , –, –; on humanity (and personhood),
–, , , –, –; kingdom of ends, ,
Hinrichs, Carl, –, ; and Leibniz, , –;
Hinske, Norbert, –, –, , – –, ; on lying, –; as
history, –; Begriffsgeschichte (conceptual metaphysician, –, , , –;
history), –, , ; Kantian (dialectical), metaphysics of law, –; metaphysics
ix-x, –, –, , –, –, of morality, –, , –, –;
, ; and metaphysics, –, –, Metaphysische Anfangsgründe der Rechtslehre,
–, –, –; moral anthropology, , ,
Hobbes, Thomas, ; and Pufendorf, , , –, –, –, –, –,
–, – –, , ; on moral feeling, ,
Hochstrasser, T. J., , , , – , ; morality and law, , –;
Hofmann, Daniel, ; and the ‘two truths’ morality and religion, –, –; on
doctrine, ; De Usu et Applicatione Notionum natural religion, –; on natural
Logicorum ad Res Theologicus, rights, , –, ; and Neology,
Horn, J. F., –; De Civitate, – –, –, ; noumena (and
Hotman, Francis, phenomena), , –, ; on
Huguenots, , noumenal possession, –;
humanism, – philosophical theology, –; on
Index
Kant, Immanuel (cont.) –; natural law, –, –; Opinion
political legitimacy, –; on the on the Principles of Pufendorf, –, –;
principle of right/justice, –; and philosophical theology, , –, ;
prudential ethics, , , –, –; principles of reason, –; and the
his purism, , –, , , ; on resacralisation of politics, xi-xii, –,
radical evil, , –; Religion within the , , , –, –; Roman law in,
Boundaries of Reason Alone, , –; –; the sage (and the prince), –,
‘Remarks on Observations on the Feeling of the –, , –; and scholastic
Beautiful and the Sublime’, , –; and metaphysics, , –, ; spiritual
the resacralisation of politics, , –, exercises in, , , , ; and the
, –, –, –; his spiritualisation of law, –; and Steno,
sectarianism, ; on sovereignty, –; –; on the state, –, –; Systema
spiritual community, –, –, Theologicum, , ; Theodicy, ,
–, –, –; spiritual exercises Lestition, Steven, , , ,
in, ff, ff; on the state, –; on Lewalter, Ernst, –
suicide, , ; and Swedenborg, liberalism, , –; and absolutism, , ,
–, ; and university metaphysics, , –, –, –; Pufendorf ’s,
–, –, , , –; and , , –; Thomasius’, –;
Wolff, –, ; and the Wöllner edict, Link, Christoph,
–, –, Lohr, Charles, –,
Keckermann, Bartholomaeus, , , Lombard, Peter, ,
Kelley, Donald J., Luther, Martin, Disputation Against Scholastic
Kennet, Basil, Theology, –
Kersting, Wolfgang, –, –,
Kimmich, Dorothee, Manent, Pierre,
Klippel, Diethelm, Martini, Cornelius, ,
Knutzen, Martin, , Martini, Jacob, ,
Kobusch, Theo, Meisner, Balthasar, , ff,
Koselleck, Reinhart, – Melanchthon, Philip, –
Kriegel, Blandine, –, , Merlan, Philip,
metaphysics, ; abstraction in, , –;
Lange, Joachim, – Albert the Great’s, –, , –;
law: church (Kirchenrecht), –, , –; anthropology of (homo duplex), , , ,
Imperial, ; and juridification, –, ; –, , –, –, , ; and
and morality, , , –, , –; anti-consequentialism, –, –, ;
and politics, , –; Roman, , , , Aristotle’s, ; Calvinist, –, ; and
–, ; teaching of, , , – Christology, , –; and
(see also, political jurisprudence, jus confessionalism, , –, –, ,
publicum, Staatsrecht) –, , –, , , , –;
Leibniz, Gottfried Wilhelm, xi, ff; and the contemplative life, –, –;
abstraction in, –, –; attack on enlightenment, –, , –, ,
Pufendorf, –, –, , ; ; of the Eucharist, –; of evil,
‘Catholic Demonstrations’, ; and –, –, –; of God, , ,
Christian philosophy, , , –, –, ; history of, , –; ‘Jesuit’,
–, , ; and Christian natural –; Kant’s, –, ff; Leibniz’s,
law, , , –; and Christian unity, –, –, –; Lutheran, –,
–, , –; Confessio Philosophi, , , –, ; Luther’s attack on, –,
ff; Discourse on Metaphysics, , , , –; of morality, –; and ontology,
; on the Eucharist, –; on evil, , , , ; Protestant, , –, –,
–, –; on heresy, , –; and –; and the prudential life, –;
Hobbes, ; on justice, , , –; rationalist, –, –, –, ,
and Kant, , –; ‘Meditation on the –; rivalry with civil philosophy, ,
Common Concept of Justice’, –; –, –, –, , , –, ;
Monadology, –, , , , ; sacral character of, –, , –, –,
moral anthropology, xii, , , , –, , –, , , –;
Index
scholastic, , , ; Scotist, , –, civil philosophy as, , , , , ,
; as self-culture (paideia), , , –, –; as deportment formation (paideia),
–, , –, –, , , –, , –, , –, , , , –,
, –, –, –; as spiritual , , , –, ff, , –,
discipline, , , –, ; and the –; and epistemology, –; and the
subjectivity of space and time, –; and history of philosophy, x-xi, –; Kant’s
theology, –, –, –, , ; Groundwork as, –; metaphysics as, ,
Thomasius’ attack on, , –, –, , , , –, , –, , –;
–; Thomist, ; university role of moral anthropology in, x, –,
(Schulmetaphysik), –, –, –, , –, , –; and self-transformation,
, , –, –; Wolff’s, – , , ; and spiritual exercises, , ,
Mevius, David, , ff , –,
moral philosophy, –, –; Aristotelian, philosophical theology (natural theology), ,
, , –; civil reconstruction of, , –, , ; civil attack on, –, ;
, –, , –, , –, –; Kant’s, –; Leibniz’s, , –,
history of, –, –, –; Kantian, ; Wolff’s,
; metaphysical, –; and political philosophy, ; Christian, –, –, ,
jurisprudence, –, , –, – , –, , –, ; history of,
Müller, Philipp, , ; rival conceptions of, ; and theology,
‒, ‒, ‒, ‒, ‒, ‒,
natural law, –; Christian (metaphysical), , ‒, ‒, ‒; Thomasius’ reform
–, , –, –, –; civil, , , of, ‒, ‒; in the university, (see
–, –, , ; as civil philosophy, also, philosophical ascesis)
–, ; and the desacralisation of Pietism, at Halle, , ff; and Kant, ,
politics, –, , , –, , , –, ; and Thomasius, –; and Wolff,
–, ; Leibniz’s, –, –; and –
moral philosophy, , , –, –; Placcius, David Vincenz, , ,
and politics, –; and positive law Pocock, J. G. A., –
(Staatsrecht), , , , –, ; political jurisprudence (public law) (jus
Pufendorf ’s, , –, , , –, publicum, Staatsrecht), , , ; Kant and,
; rationalist, ; and sovereignty, , –, ; Imperial, , ; and
, , , , ; Thomasius’, , juridification (secularisation) xi, –,
–; transformation of, , , –, –, ; and natural law, , , ,
, –; voluntarist, ; and religious conflict, –, ,
Neology, –, –, –, –, –; Thomasius on, , –,
Nicolai, Friedrich, , , , –
Nicolas of Cusa, politics, –; desacralisation of, –, , ff,
Nizoli(us), Mario, – –, –, –, , , , , ,
–, , ; and law, –; and
obligation (duty), –, –, – morality, –, –; resacralisation of,
Oestreich, Gerhard, , xi, , –, –, –, , , –,
Othmer, Sieglinde, – –, , , –, –, ,
Prasch, Johann Ludwig, , , ff,
pancosmism, public sphere (Öffentlichkeit), –, , ,
pantheism, (see also, communitarianism)
person (and personae), , ; Christian Pufendorf, Samuel, ix, –, , –, ff;
conception of, , , , –; and and absolutism, , –; church law
Christology, , –, –; and imago (Staatskirchenrecht), , ff; citizen (and
Dei, , , , , , , ; Kant sovereign), –, , –; De Habitu
on, , , –, –; Leibniz on, Religionis Christianae ad Vitam Civilem, ,
–, ; and moral anthropology, ; , –, , ; De Jure Naturae et
Pufendorf on, xi, , –; Thomasius Gentium, , , , , ; De Officio
on, – (see also, subject) Hominis et Civis, –, , , ; and
Petersen, Peter, , the desacralisation of politics, xii, –,
philosophical ascesis (‘ascetic’ philosophy), ; , –, –, , –, –; De
Index
Pufendorf, Samuel (cont.) Schlaich, Klaus, –
Statu Hominum Naturali, ; government, Schmidt, James, –
–, –; and Grotius, –; and Schmidt-Biggemann, Wilhelm, –, –,
Hobbes, , , –, –; Jus Feciale –, –
Divinum, ; and liberalism, , , Schmitt, Carl, –,
–; on metaphysics, , , –, Schmucker, Joseph, ,
, –; and modern moral Schneewind, J. B., , , –; The
philosophy, , , –, –, Invention of Autonomy,
–, ; moral anthropology, xii, Schneider, Hans-Peter, ff
–, –, –, ; on moral entities, Schneiders, Werner, –, –, , ;
, , , –; natural law, , , Naturrecht und Liebesethik, –
, , –, –; on natural scholasticism, ; ; Luther’s attack on,
rights, –, –; obligation (duties), –; and metaphysics, – Protestant,
, –, ; on ‘offices’, –; on , , –, ; second-wave, , ;
person and personae, xi, , –, Thomasius’ attack on, –, , –;
–, –; political legitimacy, –; Wolffian, –
political pact, , –, , , Schröder, Peter,
–; and the privatisation of religion, Schultz, F. A., ,
, , , ; and reason of state, ; secularisation, , ; of the church, –,
on security, , , –, , –, different forms of, –, –; as
, ; sociability, –, , ‒, juridification, –, –, ; of politics,
‒; on sovereignty, , , , –,
–, –; and Spinoza, ; state of Sève, René,
nature, –; voluntarism in, –, Siep, Ludwig, –
; on resistance, –; on toleration, Skinner, Quentin,
, –; on utility, society, , , ; as church, –, –, ,
, , –, –;
Rachel, Samuel, , , , ; De Jure deconfessionalisation of, –, , ,
Naturae et Gentium Dissertationes, – –; and the state, , –, –,
rationalism, , , ; and the history of –
philosophy, –; Kant’s, –; sovereignty, ; Althusius on, –; divine,
Leibniz’s, , –; metaphysical, , ; –; Kant on, –; popular, –,
Wolff’s, –; religious character of, , ; Pufendorf on, –, –;
–; theological grounds of, –, –, territorial, , ,
–, –, (see also, voluntarism) Sparn, Walter, , –, –, , ;
Rawls, John, – Wiederkehr der Metaphysik, ff
reason of state (Staatsräson), , state, –; and church, , –, ; civil
Reformation (see confessionalisation) conception of, –, –, –;
religion: credal, , ; natural, , , , confessional, , –, –; ethical, ,
–; and politics, –, ; , –, ; legitimacy of, –, ,
privatisation of, , –, , –; –, –; metaphysical conception
wars of, xi, , , , , , of, –, –, –, –, –;
rights, ; against the state, , –, ; Kant religious neutrality of, , , , –,
on, , –, ; natural, , , , , –; and society, , –, –,
–, ; as state creations, , , –; and sovereignty, , , –, ,
, – , –, –
Riley, Patrick, –, , , , , state of innocence (status integritatis), , –,
Röd, Wolfgang, –
Rousseau, Jean Jacques, , state of nature, –
Staüdlin, Carl Friedrich, ,
Sahme, Reinhold, –, – Steno, Nicolaus, , ff
Salmonowicz, Stanislaw, Stolleis, Michael,
Scheibler, Christoph, , ; Opus Strimesius, Samuel, ,
Metaphysicum, – Stuke, Horst, –
Schilling, Heinz, Sturm, Johann,
Index
Suárez, Francisco, , , –, , , , and the Pietists, –; on philosophical
subject, the, , , –, –, sectarianism, , –; Preliminary
Svarez, Carl Gottlieb, – Dissertation (to the Institutiones Jurisprudentiae
Divinae), –, –; on priestcraft, –,
Tennemann, W. G., –, ; and Pufendorf, –, –,
theology, Calvinist, ff, , ; Catholic, –, , –, –, –; on
ff, , –; Christological, , –, the sage (and the fools), –; spiritualist
–; and confessionalism, ; theology, –, –, –;
Eucharistic, –; Lutheran, ff, –, Summarischer Entwurf der Grundlehren, ; on
–, –; and philosophy, –, toleration, , –; Vollständige
–, –, –, –, –, –, Erläuterung der Kirchenrechts-Gelahrtheit, ff;
–; spiritualistic, –, –, –, voluntarism in, , , , –; Vom
– (see also, philosophical theology) Recht evangelischer Fürsten in Mitteldingen oder
Thirty Years War, xi, , , , , Kirchenzeremonien, , –; Von den
Thomasius, Christian, ix, –, , ff; anti- Mängeln der aristotelischen Ethik, –; Wie
clericalism, –, –; anti- ein junger Mensch zu informieren sei, –;
scholasticism, , –, , , –, and Wolff,
–; attack on metaphysics, –, –, Thomasius, Jacob,
, –, , –, , –, –; Thomassen, Beroald, –, , ,
Ausübung der Sittenlehre, , , ‒, Timpler, Clemens, ,
; church law (Staatskirchenrecht), , , toleration, , , –
, –; church and state, –, –; Tooke, Andrew,
Das Recht evangelischer Fürsten in theologischen Tuck, Richard, , ; Philosophy and Government
Streitigkeiten, , –; and –, , –
deconfessionalisation, –, , , Tully, James, , , ,
–, –; decorum, , –,
–; and Descartes, –, –; and universities, xi-xii, ; and confessionalisation,
the desacralisation of politics, , , , ; Frankfurt an der Oder, ;
, , –, –; and the Gießen, ; Göttingen, ; Halle, ,
detranscendentalising of ethics, –; , , ff; Helmstedt (Academia Julia),
–; doctrine of ‘offices’, , , ; Jena, , –; Königsberg, ,
–; doctrine of the passions –, ; Leipzig, , –, ; and
(Affektenlehre), , , –, , , state-building, , , ; Wittenburg,
–, –; and electicism, , , ;
Einleitung zur Sittenlehre, , –; Veltheim, Valentin, , , ,
Einleitung zur Vernünft-Lehre, ; ethical Velthuysen, Lambert, –
therapeutics, , , –; ‘Foreword’ Versor, Johann: Epitome Metaphysicae Aristotelicae,
(to Grotius’ De Jure Belli ac Pacis), –,
–, , , –; Fundamenta Juris Vitoria, Franciso de, ,
Naturae et Gentium, , , –; voluntarism, –, , , ; civil, ,,
Fürstlichen Personen Heirat, ; and Grotius, –, , , –; as ethos, ,
, ; on heresy, , –, –, ; ; theological, –, –, ,
his history of philosophy, –; on –, – (see also, rationalism)
Hobbes, ; on the indifferents
(adiaphora), , –, ; Institutiones Weigel, Erhard,
Jurisprudentiae Divinae, –, , , Westphalia, Treaty of, , , , , , ,
–; Introductio ad Philosophiam Aulicam, ,
, , –; Kleine Teutsche Scriften, ; Wolff, Christian, –, ff; civil religion,
on law (and morality), –, –; and –, ; ethics, –; and Leibniz,
Locke, ; on lying, –; on marriage –; metaphysics, –; natural
law, –, –; and modern moral theology, , ; and Neology, –,
philosophy, –, –, –, –, –; and the Pietists, –; politics,
–; moral anthropology, –, , , –; on the sage (and the prince),
–, –, –, ; natural law, –, ; and the return of
–, , –; on natural rights, –; scholasticism, –; and
Index
Wolff, Christian (cont.) Glückseeligkeit, ; Von den Regenten, die sich
Thomasius, , ; Vernünftige Gedanken Weltweisheit befleißigen, und von den
von dem gesellschaftlichen Leben der Menschen Weltweisen, die das Regiment führen, –
und insonderheit dem gemeinen Wesen, ; Wittgenstein, Ludwig, , ,
Vernünftige Gedanken von Gott, der Welt und der Wöllner, Johann Christoph, , –
Seele des Menschen, auch allen Dingen Wundt, Max, , ,
überhaupt, ; Vernünftige Gedanken von der
menschen Tun und Lassen zu Beförderung ihrer Zurbuchen, Simone, ,