A Methodical System of Universal Law. Johann Gottlieb Heineccius

      

      A METHODICAL SYSTEM OF UNIVERSAL LAW OR, THE LAWS OF NATURE AND NATIONS, WITH SUPPLEMENTS AND A DISCOURSE BY GEORGE TURNBULL

      NATURAL LAW AND

       ENLIGHTENMENT CLASSICS

      Knud Haakonssen

       General Editor

      This book is published by Liberty Fund, Inc., a foundation established to encourage study of the ideal of a society of free and responsible individuals.

      The cuneiform inscription that serves as our logo and as a design element in Liberty Fund books is the earliest-known written appearance of the word “freedom” (amagi), or “liberty.” It is taken from a clay document written about 2300 B.C. in the Sumerian city-state of Lagash.

      Introduction, annotations, note on the text, bibliography, index © 2008 by Liberty Fund, Inc.

      Cover image: Copper engraving of Johann Gottlieb Heineccius by Martin Berningeroth (1732). Reproduced from Universitäts- und Landesbibliothek Sachsen-Anhalt in Halle (Salle).

      Margin notes have been moved from the margin of the paragraph in the print edition to precede the paragraph in this eBook, in a smaller font.

      This eBook edition published in 2013.

      eBook ISBNs:

       978-1-61487-043-2

       978-1-61487-191-0

       www.libertyfund.org

      CONTENTS

Introduction

A Note on the Text

Acknowledgments

      A METHODICAL SYSTEM OF UNIVERSAL LAW: OR, THE LAWS OF NATURE AND NATIONS, WITH SUPPLEMENTS AND A DISCOURSE BY GEORGE TURNBULL

BOOK I. Of the Law of Nature

       BOOK II. Of the Law of Nations

       A Supplement Concerning the Duties of Subjects and Magistrates

       A Discourse upon the Nature and Origine of Moral and Civil Laws

       Bibliography

       Index

INTRODUCTION

      The development of early modern natural law theories is an integral part of the Enlightenment,¹ and the writings of Johann Gottlieb Heineccius (1681–1741) are an important example of this close relationship. Heineccius wrote when the modern European natural law tradition was already long established, especially through the important works of Hugo Grotius (1583–1645), Samuel Pufendorf (1632–94), and Christian Thomasius (1655–1728). Notably the works of Grotius and Pufendorf had gained significant influence throughout Europe, assisted by congenial translations and annotations from the Huguenot refugee Jean Barbeyrac (1674–1744).²

      Heineccius drew on the works of these theorists and responded to them, but his Methodical System of Universal Law: Or, the Laws of Nature and Nations was far more than a synthesis and a commentary on the salient writings of the previous generations. It was a distinctive system of natural jurisprudence, which, together with his writings on Roman law, helped to secure Heineccius a certain international fame already in his lifetime. In the Netherlands, where he taught for several years, he enjoyed a considerable academic reputation, which was reinforced by his personal acquaintance with the house of Orange. He held prestigious positions at two leading German universities of the early Enlightenment, Frankfurt an der Oder and Halle. In England and Scotland, George Turnbull’s translation of Heineccius’s System was issued twice, in 1741 and 1763, making Heineccius’s natural jurisprudence more accessible to English-speaking audiences. Turnbull expressed great admiration for Heineccius in the preface to his translation, saying that “[t]he author of this system of the law of nature and nations is so well known, and in so high esteem in the republic of letters, that it would be arrogance in me to say any thing in recommendation of his works. Nor need I make any apology for translating into our language so excellent a book upon a subject of such universal importance.”³ As late as 1799 the Scottish lawyer Sir James Mackintosh paid Heineccius a slightly back-handed compliment by describing him as “the best writer of elementary books with whom I am acquainted on any subject.”⁴ Heineccius even played an important and lasting role in the Spanish, South American, and Italian academic worlds, where purified editions (editiones castigatae) suppressed those quotations and statements that could be seen as challenging the Catholic Church but where his divine voluntarism was welcome.⁵

      Heineccius’s Life

      Heineccius began his academic career by studying theology in Leipzig and then law in Halle, where he became a pupil of the controversial jurist and philosopher Christian Thomasius. The University of Halle was newly founded (1694) and one of the most important centers of the early Enlightenment in Germany. It was an intellectually thriving institution, which Heineccius took advantage of by attending lectures on a variety of subjects, including philosophy and rhetoric, taught by Samuel Stryck (1640–1710) and Johannes Franz Budde (1667–1729). His intellectual curiosity clearly was stimulated, as was his talent for free oration and lecturing, which his son later praised in a laudatory biography. In 1723 Heineccius accepted a professorship at the Frisian University of Franeker. From this small but distinguished university Heineccius’s reputation quickly spread to most of Europe, especially because of his textbooks on Roman law, which was his main area of research and teaching at Franeker. Despite all attempts to keep him in Franeker, Heineccius changed to a professorship at the University of Frankfurt an der Oder in 1727.⁶

      Two years later he declined a position at the University of Utrecht, but a royal order forced him to return to Halle in 1733 because the Brandenburg-Prussian government hoped to reestablish the reputation of this university. Halle had suffered severely from the disputes between theologians at the university and the philosopher Christian Wolff (1679–1754), who had been forced to leave Halle in 1723 after he had been accused of denying the existence of free will. Heineccius spent the rest of his career in Halle and developed an impressive range of lectures. One of the products of these was his System, which was first published in 1738 as Elementa iuris naturae et gentium and which saw at least four further editions.

      Heineccius’s Natural Jurisprudence

      In the original preface, which Turnbull did not translate, Heineccius modestly explained that he wanted to provide a short commentary on the law of nature and nations for his students and pupils. In fact, Heineccius in the System developed a distinctive theory of natural law. He disagreed, for example, with the view of the state of nature which had been put forward by Samuel Pufendorf, whose De officio hominis et civis (1673) had become the textbook on natural law throughout much of northern Europe.⁷ Humans, Heineccius wrote, were subject to natural law in the state of nature. It was not enough to say, as Pufendorf did, that the law of nature was derived from the obligation to cultivate sociality, to which men were compelled by necessity. The law of nature included duties of humans toward themselves and toward God—duties which would