Edward Gibbon and Natural

CEU eTD Collection Second Reader: Professor Matthias Riedl Supervisor: Pr “The Dictates of Our Own Hearts”: Edward Gibbon Edward Hearts”: Own Our of Dictates “The In partialIn fulfillment ofthe requirements for the degree of ofessor László Kontler Central European University and History Department Budapest, Hungary Michael Mattair Master Artsof Submitted to

Natural Law Natural 2012 By

CEU eTD Collection page must form a part of any such copies made. Further copies made in accordance with accordance in such instruction made copies Further made. copies such any of part a form must page This librarian. the from obtained be may Details Library. European Central the in lodged onl made be may part, or in full either process, any by Copies Author. the with rests thesis this of text the in Copyright

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CEU eTD Collection revision of previous historiographical and religious his to back brought is question the outlined, un the assess to Robertson, William and Hume David historians, contemporary two in ideas history. his in play ideas writings. other his from evidence views Gibbon’s historiography. in raisedhas it issues modern the and philosophy moral historyin widely a not is law natural Since his whether of question the law natural on views Gibbon’s scholarship. previous in for accounted inaccurately) (and lightly

iqueness and significance of significance and iqueness have relevance for two longstanding research interests research longstanding two for relevance have

on the matter the on This thesis explores the natural law views of Edward Gibbon, which have only been been only have which Gibbon, Edward of views law natural the explores thesis This

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CEU eTD Collection as a religious skeptic in his in skeptic religious a as century. t would that ideas moral all of historicizing the for ripe was that skepticism of climate a was wake its in left time; Gibbon’s by dry but all was Grotius, with beginning tradition, law natural modern The need. this underscores further theory dri to existence God’s of assumption ‘practical’ the on reliance later Kant’s and basis, theological a such without left was what of incoherence the out pointed simply Hume remov theory. the of basis hidden the removes one and scheme the remove was; it what with be to intended was humankind what contrasted which scheme Christian implicit an no one was toretie. ofhistime able that thread connecting essential an cut Hume out, this pointing In claims. prescriptive their question to put statements unlike between movement this behind fallacy the (normative); what of statements to (positive) not” “is or “is” what of statements from move always theorists moral that observed had Hume theory. moral whose Hume, tradition the law, moral and reason on ideas his formulate Empire 1 parallel the to adolescence his of enthusiasm

Alasdair Macintyre, Alasdair al was slowly accomplished by the secularization of European intellectual culture. culture. intellectual European of secularization the by accomplished slowly was al By all accounts, Gibbon should have been among the skeptics. He identifies himselfidentifiesHe skeptics. the amongbeenhave should accounts,Gibbon allBy h It his writing began Gibbon When in 1772 in

as been observed that eighteenth that observed been as A , European natural law theory was on its last legs. Although Kant had yetto had Kant Although legs. last its on was theorylaw naturalEuropean , Treatise of Human Nature Human of Treatise After Virtue: A Study in Moral Theory Moral in Study A Virtue: After

Memoirs

Introduction , comparing his development away from the religious the from away development his comparing , itr o te eln ad al f h Roman the of Fall and Decline the of History

- (1739) questioned the logic behind systems of systems behind logic the questioned (1739) century natural law theory generally relied on relied generally theory law natural century 1 (as he saw them) paths that had been followed followed been had that paths them) saw he (as

, , s econd ed. (London: Duckworth, 1985), 54 1985), (London: Duckworth, ed. econd

one “ought” or “ought not” do do not” “ought or “ought” one had been dealt a severe blow by blow severe a dealt been had ake place in the nineteenth nineteenth the in place ake ve his moral his ve 1

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CEU eTD Collection 2 on any society. human bear broughtto be could that standards atemporal on basedone beingdelivered, is judgment Romans, the of luxury the on statements decline, empire’s Roman the of account explanation Gibbon’s pervades causal perfect no although Meanwhile, past. the at gleaned looking for phrases framework chance not are these that unconsciously suggest to enough often occur nature” human of rights unalienable “the and reason,” and nature of dictates simple “the humanity,” usage Such pattern. a form to seem together, taken but, illustrations surrounding the into easily fade own, their on which, phrases and terms certain are narrative the form that detail of pages of hundreds church feverish begins one cities, armies, besieged and councils, vengeful emperors, murderous of panorama long the through the reads one As life. his devoted he which to work th through is mind his into window best the seen), be will as cryptic, and rare are statements (which matter the on statement direct any natural law t traditional and thought, intellectual of currents progressive most the with identifyhimself to fall. Rome’s for Christianity blamed having as perceived often is he that extent Fall and Decline His writings. philosophical Hume’s with familiar well and Hume, of admirer unabashed seventeenth by 138. Thought Historical Western to Companion 3 1897), Murray, (London: John

See Memoir F in Edward Gibbon, Gibbon, Edward in F Memoir See e, o isac, ono Kn Wih, Hsoia Togt n h Ea f h Elgtnet” in Enlightenment,” the of Era the in Thought “Historical Wright, Kent Johnson instance, for See,

Was Gibbon a skeptic of natural law? Or of objective morality in general? Absent general? in morality objective of Or law? natural of skeptic a Gibbon Was mn ohr atr, r md otn nuh o ev te mrsin ht a that impression the leave to enough often made are factors, other among heory had no place hadheory no inthese trends.

through Gibbon’s wide reading, but rather the outlines of a fundamental fundamental a of outlines the rather but reading, wide Gibbon’s through - etr setc Wlim hligot ad ire Bayle. Pierre and Chillingworth William skeptics century

is famous for its numer its for famous is s as “the laws of humanity and justice,” “the sentiments of nature and and nature of sentiments “the justice,” and humanity of laws “the as s

89 , Internet ,

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Archive, Archive, , ed. ous acerbic attacks on the Christian religion, to the to religion, Christian the on attacks acerbic ous ly Kae ad aa Mz (xod Bakel 200 Blackwell, (Oxford: Maza Sarah and Kramer Lloyd to notice a curious phenomenon. Recurring in the in Recurring phenomenon. curious a notice to e warp and weft of his writing, especially the the especially writing, his of weft and warp e 2

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2), A CEU eTD Collection mentions Giarrizzo’s and Womersley’s conclusions without criticism, exploring along with along exploring criticism, without conclusions Womersley’s and Giarrizzo’s mentions mindset. Gibbon’s in nature human of contingency” “radical the emphasizes similarly Porter Roy Biographer o writing of process nature human of notions thread this history. of relativism the in road middle a finds he skepticism, into fall than rather but nature, human of principles rational in belief abandon type. historically more a into development later his for and Grotius thinkers law natural of reading historian’s young discus a with Gibbon on work his seminal begins Giarrizzo Giuseppe scheme. moral fixed any by governed not was universe at any time. hist of kind the of but time, Gibbon’s in law natural of place the of only not view our shape significantly could questions these to answer The Gibbon’s? of sensitivity and color the with history l written have law natural believedin natural in believed have still time Gibbon’s of historian a Could development. of stage landmark a at were history narrative of science the and art the both when time a at writing century, eighteenth the of historian renowned most the perhaps 5 33 1954), Studi Storici, 4

Roy Porter, RoyPorter, Giarrizzo, Giuseppe f a new type, no longer resting on ideas of changeless human nature or moral law. law. moral or nature human changeless of ideas on resting longer no type, new a f

In Giarrizzo’s Giarrizzo’s In uh oen eerh n ibn a lae twrs h cnlso ta his that conclusion the towards leaned has Gibbon on research modern Much that considers one when important more the all made is question The

Edward Gibbon: Making History Gibbon: Making Edward of thought by noting that Gibbon’s early volumes do seem to seem do volumes early Gibbon’s that noting by thought of

Edward Gibbon e le Cultura Europea Settecento del Europea Cultura le e Gibbon Edward 5 the last volumes last the

- 35, 40 35, J.G.A. Pocock, in his monumental study of Gibbon and his time per time his and Gibbon monumentalofstudy his in Pocock,J.G.A. con, oprsn ewe dfeet oite forces societies different between comparison account,

41. n hne ol b casd as classed be could hence and

, however, Gibbon evolved into a progressive historian historian progressive a into evolved Gibbon however, ,

(London: Palgrave Macmillan, 1988), 136. 1988), Macmillan, (London: Palgrave in f i “ his of sion ory that is possible in a natural law framework law natural a in possible is that ory 3

- minded thinker of the nineteenth the of thinker minded c nesoe la historia alla onversione pioohcl itr. I the In history.” “philosophical

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to CEU eTD Collection Edward Edward 8 2012 3, March Roman 7 84 1999), Press, CambridgeUniversity (Cambridge: 6 con related Gibbon’s nor moralism, this of underpinnings philosophical the explore monarchy of effects debilitating the of indictment r usage.” id the to a of lessons.” instructive of series long d Rome’s of explanation Gibbon’s in luxury of centrality the both citing sociologist,” or economist political a than rather moralist a was Gibbon that truth elementary the observe to “failure their for others barbarism.” and servitude into Lost Paradise reads He history. of treatment his in and historian a as ra wide a under moralism Gibbon’s explores dissertation, of views moralism more vision.” complex “a to history philosophical Montesquieuan from moved Gibbon that thesis the Womersley refere oflongregretful a line begins 10 9 1996), (London: Penguin,

eference to his Polybian condemnation of luxury (to which could be added his added be could which (to luxury of condemnation Polybian his to eference Ibid. David Dillon David

P.R. Ghosh, “Gibbon Observed,” Observed,” “Gibbon Ghosh, P.R. J.G.A. Pocock, Pocock, J.G.A. e epcal hs con o te format the of account his especially See ‘ , Polybian

137. E Gibbon, Gibbon, 9 Although Gibbon’s moralism has been underlined by these historians, especially in in especially historians, these by underlined been has moralism Gibbon’s Although G noticed have historians certain hand, other the On mpire

ea that, as time passes, Gibbon somehow dropped or matured out of the [Polybian] [Polybian] the of out matured or dropped somehow Gibbon passes, time as that, ea

In judgmentsreading, Gibbon’s hismaintain quality. their atemporal, moralizing

(and the continuity of human nature that it presupposes) it that nature human of continuity the (and h hsoin mnind above. mentioned historians the - ) , Smith, Smith, . ”

” detailing “the fall of man from a state of intellectual and political freedom political and intellectual of state a from man of fall “the detailing ”

’ The History of the the of History The (Ph.D. diss. (Ph.D.

Ba philosophical approach to history, Ghosh holds that “there is no foundation foundation no is “there that holds Ghosh history, to approach philosophical rbarism and Religion. Religion. and rbarism “ The Historian as Moralist: A Study of Edward Gibbon and Gibbon Edward of Study A Moralist: as Historian The

II.507 6

, University of Wollongong, 1982), Wollongong, of University ,

ecline and Gibbon’s own professed view of history as offering “a “a offering as history of view professed own Gibbon’s and ecline .

nces to the “health and vigour” of the republic. ofthe vigour” and “health the nces to D The Journal of Roman Studies Roman of Journal The 7 ecl

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o o te rniae n hpe 3 of 3 chapter in principate the of ion Against Womersley’s thesis of Gibbon’s abandonment Gibbon’s of thesis Womersley’s Against oue : h Elgtnet o Ewr Gbo, 1737 Gibbon, Edward of Enlightenments The 1: Volume F oh iety rtczs ook Wmrly and Womersley, Pocock, criticizes directly hosh all of the Roman Empire Empire Roman the of all - 85, 85, 4

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137 n. 37, 148 n. 120. See See 120. n. 148 37, n. 137 , at times critiquing the the critiquing times at ,

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Ibid. Gibbon,

and pro , , I.1040 He avoided the subject in part because he did not deem the human mind capable of capable mind human the deem not did he because part in subject the avoided He mind a for strange is attitude The ignorant? remain to desire Gibbon would Why remain to desire still I which of ignorant. doctrine a is justice, and humanity of obligations natural or that far of How violation the law. authorize positive undoubtedly every may safety public the of consideration urgent The

D ecline and and ecline mptly expresses disinterestmptly theissue. in right. .

Gibbon’s own occasional mentions of the problem, viz. of whether he he whether of viz. problem, the of mentions occasional own Gibbon’s F interminable controversies of the early controversies interminable church. Christian of the distinction made by Thomas Aquinas between natural and positive and natural between Aquinas Thomas by made distinction the all ,

at do not have a human source, and such questions usually venture venture usually questions such and source, human a have not do at I.

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any other consideration may operate to dissolve the the dissolve to operate may consideration other any 5

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CEU eTD Collection expect of an eminent European historian in 1776 in historian European eminent an would of expect one views the these Were place. and time his into fit views law natural his well I ascribed, doubt little with the and journals his Fall and Decline issue. the on statements many his on based views, law natural Gibbon’s of understood be can what know to want I foremost, and First identifying and Tracing topic. the on say to much have formed a investigation tohis limiting point of morality. well could speculation theological for distaste personal and intellectual Gibbon’s of Christianity left who “Apostate”), famed (the Julian Emperor the of education adolescent the describes he which in passage A subject. the for distaste understandable an developed Gibbon with reconverted, be live should he until to Switzerland him sent father his sixteen, age at Catholicism of point focal the himself found having psychological: is matters theological in disinterest Gibbon’s for reason further A 14 13

Ibid. Ibid. Decline andFall , , I.836. ,

I.746. Whether or not Gibbon professes a direct interest in n in interest direct a professes Gibbon not or Whether secretly they they inquiries, whilst his of prince; freedom young to genius his impatient the provoked the checked of severely actions and the objections, and his silenced words, the thoughts, the of formulary pun eternal of terrors the by guarded and laws, positive as imposed were opinions speculative church”] the of ministers “haughty [the Their an perplexity, darkness, in involved are we idea, negative con a conclusions positive any deduce from we as often as generation, spiritual of substance, infinite the all to adhere closely so which matter, of and space, of time, of notions the abstract to strive may We mind. human the of capacity the and object the of size the between disproportion the of step every In tradiction perceptions of our experimental knowledge. But as soon as we presume to reason of reason to presume we as soon as But knowledge. experimental our of perceptions

but will will but … , more thanlikelyautobiographicalcontains, more an dimension:

. 13 six drafts of his of drafts six

inquiry we are compelled to feel and acknowledge the immeasurable immeasurable the acknowledge and feel to compelled are we inquiry also take into consideration his other w other his consideration into take also

want to place Gibbon in his Enlightenment context, asking how asking context, Enlightenment his in Gibbon place to want

a disclaim the authority of his ecclesiastical guides. ecclesiastical his ofauthority disclaimthe religious Memoirs 6 tug

. Secondly, provided that any views can be be can views any that provided Secondly, . ishments; but while they prescribed the rigid rigid the prescribed they while but ishments; My investigation will will investigation My - - of 88? Lastly, continuing from the previous the from continuing Lastly, 88? - his ideas his war for paganism and is one of the heroes the of one is and paganism for

when, following his conversion to to conversion his following when,

will be the goal of this thesis. this of goal the be will atural law, however, he has has he however, law, atural riting, riting, Poetn mnse in minister Protestant a ou mil on mainly focus including especially especially including d inevitable inevitable d 14

the CEU eTD Collection with them to better contextualize his ideas. Finally, in my conclusion I tre I conclusion my in Finally, ideas. his contextualize better to them with two ho then law natural type methodology chapter this in Also Gibbon. concerning said been mov history, to relationship grasp an study, scholarly serious worth ishuman life in dimension moral the agreecouldthat intellectuals radical most era,the even negle being result has this and literature, secondary the in radar the off fallen largely has outlook moral Gibbon’s scholars, known lesser by mentions stray few a for Except did. he way the it wrote he why and it writing in doing was he what history, religion regarding especially worldview, general his to relate might it how and mind Gibbon’s of dimension moral the understand r dis or agreementsthese do what and disagree, oragree he did whom With why? then step, of out was he If convictions. and character personal his about say might time wan I question,

evealabout him w it relates to his history. Chapter four offers a survey of the moral outlooks of Gibbon’s Gibbon’s of outlooks moral the of survey a offers four Chapter history. his to relates it w

. chief directly treats Gibbon’s notion of natural law, understanding what his mindset was and and was mindset his what understanding law, natural of notion Gibbon’s treats directly

a work of this period, themoral ofa period, this work In My first chapter attempts t attempts chapter first My better to twofold: is views law natural Gibbon’s investigating in purpose My

h second the contemporary historians contemporary , surveying the major thinkers of possible relevance to Gibbon. My Gibbon. relevanceto possible of thinkers major the surveying , cted. cted. , especially concerning language analysis, language concerning especially , t to investigate what Gibbon’s orientation in the natural law thought of his of thought law natural the in orientation Gibbon’s what investigate to t ?

One of the differences between Gibbon’s time and our own is that in his in that is own our and time Gibbon’s between differences the of One

hpe I tep t poie oe re t te ofsn hsoy of history confusing the to order some provide to attempt I chapter ing

from a more abstract discussion to an overview of what has what of overview an to discussion abstract more a from

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outlook that is no longer very common; hence, to fully to hence, common; very longer no is that outlook David Hume and William Robertson, comparing Gibboncomparing Robertson, William and Hume David outline views ;

n wt ti i mn, o better to mind, in this with and theoretical issues involved in natural law and its and law natural in involved issues theoretical

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religion and historiography mentioned above mentioned historiography and religion .

, attempting to shed some new light new some shed to attempting , CEU eTD Collection among which are included developments in philosophy, but with an emphasis on their place their on emphasis an with but philosophy, in developments included are which among chronologi in usually events, human presents History philosophy. not is history because way this seems only it “seems”: is here word important The arise. situations new philosophy any that appea history of nature very the of is it presentation, his In philosophy. natural law. for poses it that problem the and history, and philosophy between tension this examine history. of vicissitudes the to subject are nature human about declare might philosopher a truths the nature, human single a even not is there fact in but law, moral single a be not in alsodue was decline natural law of circumstance, hold for all humans. supp instead places, and times different at posited been have that rules moral varying the account into take not words, other in is not, does It it historical. that been has history, its throughout form some in but century eighteenth late 1

Leo Strauss, LeoStrauss, rs ephemeral, a development of a specific situation in time that loses relevance when when relevance loses that time in situation specific a of development a ephemeral, rs Leo Strauss tackles a fundamental problem of history: its tendency to dissolve dissolve to tendency its history: of problem fundamental a tackles Strauss Leo a way…. unpredictable fundamentally in a antecedents contexts historical different less unique or on more dependent by is preceded thought are human that all contexts that show to seems It men. by held passing the of all, above and, beliefs and thoughts disgrace a of spectacle depressing the us to present to seems history as History it since only not theory, law natural to objection chief the Perhaps He

Natural Right and History and Right Natural c, vn hlspy tef a calne a a ibe icpie discipline. viable a as challenged was itself philosophy even nce, tuk nineteenth struck The The Problem of Natural Law andHistory This notion of notion This

- etr ad ae tikr as thinkers later and century

(Chicago: University of Chicago Press, 1953), 18 1953), Press, ofChicago University (Chicago:

a single set of laws,a they howeveradaptable singlesetof beto might

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ful variety of variety ful - s decline in the in decline s 19.

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all CEU eTD Collection any give not does evidence one. history of when standard a such identify to how of question the again all. at just not or just, less was that one for principle just a abandoned they decision: poor a made rejected.” be to deserved view no does “it abandoned, was of certain justice principle thata historymay although teach argument, that out pointing this critiques however Strauss history. of rest the over time certain a at developed ideas variety endless in constancy find to wishful attempt hopelessly a either is doctrine right natural any view, of point this From right. natural as thing such no is there that shows apparently one, each of nature transitory the flatly often history, human in justice of principles of variety mutable.” are justice of principles all that us shows history but justice, of principles immutable no are there if right natural be cannot “there it: against right’, ‘natural terms conclusion thatnohumantruth transcends history. go and come philosophies the and by, go events the sees who reader the for tendency general The history. strictly than rather philosophy Philosophy Rus Bertrand in instance for as ventured, is investigation an such if Or truth. their of investigation an than rather chronology relentless ongoing, the in 4 3 primal. are 2

Ibid. Strauss, I use these two terms inter terms two these use ,

19. Of course, this would imply a detached, atemporal standard of what is just, raising raising just, is what of standard atemporal detached, a imply would this course, Of hs oe a atclr rbe fr h piooh o ntrl a, hc Strauss which law, natural of philosophy the for problem particular a poses This Natural Right and History and Right Natural

(1945), it is a compromise of the work’s nature as history as nature work’s the of compromise a is it (1945),

and accounts for what Strauss considers the most common arg common most the considers Strauss what for accounts and tah s hte te hne a sud r hte te rejected the whether or sound was change the whether us teach t changeably, although chapter 2 will discuss debates over whether laws or rights or laws whether over debates discuss will 2 chapter although changeably,

, 9. , 4

It could be that the people who abandoned the idea simply idea the abandoned who people the that be could It 10 , or else a brazen and ignorant privileging of of privileging ignorant and brazen a else or ,

ih h eet, s o en oad the towards lean to is events, the with contradicting each other, and and other, each contradicting 3

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it is history is it ument - cum - CEU eTD Collection dooit plmcs, r omts. tas i ucer n h precisely who on unclear is Strauss an often dogmatist. or more polemicist, philosopher, ideologist, a best at is overarching he continuous, apparent; is a scheme which moral or in philosophical history writes he if goes, One thinking the history. authentic historian, any for criterion a two as past identified the been over years, frequently, hundred has belief this that ideas all of temporality the in belief b was right natural which in era same the during matured aspects unique” and “variable the for appreciation full with history writing of practice the that accident an like seem not does viewpoint, historicist the of rise the towards world intellectual European the in shift of moment the at right stand permanen universal withthe variable but and unique.” the with not concerned primarily and “particularly is it history as since transient, is philosophy all that view the to it ponder who those lead to tendency a have n overthrew that history of awareness simple been have not could it thus pursuit; their from them deter not did knowledge the and history, by exhibited justice of notions of variety dizzying the phil asacting historians least at or possibility the of knowability ofnatural right.” critique philosophic a on but evidence, historical on not based, is n of rejection contemporary “the argument: its for history thinker hist not is it fact, In just. is what about philosophize cannot history 7 6 5

Ibid. Ibid. Ibid. eing questioned and abandoned. So well does the writing of history seem to fit with the with fit to seem history of writing the does well So abandoned. and questioned eing , , ,

18. 9 12. s to abandon natural right but rather a movement in philosophy which only uses uses only which philosophy in movement a rather but right natural abandon to s - In view of this aspect, it is curious for our investigation that Gibbon’s work should should work Gibbon’s that investigation our for curious is it aspect, this of view In to history for not ultimately is argue, would Strauss problem, The 10.

atural right philosophy at the end of the eighteenth century. eighteenth the of end the at philosophy right atural and the hatching of history from its previous philosophical shell. It shell. philosophical previous its from history of hatching the and

Historians did not abandon natural right, philosophers did,orabandon naturalright,philosophers Historians didnot osophers. Past natural right philosophers were well aware of of awarewell naturalwere rightphilosophers Past osophers. 7

atural right in the name of history history of name the in right atural ory at all which has led has which all at ory 6

Still, history does does history Still,

ntgtd the instigated eie since decide,

s o a not is and t CEU eTD Collection the prepared which Kant and Hume of work the views Strauss somehow. it toward works it historicism, different from is skepticism while clearthat, seems It century. eighteenthlate thei and skepticism, and historicism between relationship the is interesting invoked. ‘nihilism’ term the with colors, dark in painted is result end the that say ne We being from far very are civilizations different arbitrary.” in and times different at prevail that ther and uncertain are assertions allskeptic, the “For context: historical given a onlywithin but appropriate, andcorrect quite being as views certain sees historicism while whatsoever, view philosophical posited any dominant European nineteenth ofhistoriography mode inthe century. the become to Herder of writings the from emerging historiography, German in especially ei the of half second the roughly in place taken having as period trend. transition the identify might we 1739, as early as publishing new the to made have might philosophy that resistance any and thought” philosophic scientific of critique “philosophic their for Kant and Hume to credit some gives them. opposed corre only the were principles their that thought who those of absolutism the on blamed was revolution the of violence the where Revolution, French the to reaction a with school” “historical new the of development the identifies He change. 11 10 9 8

Ibid. Ibid.

Ibid. Ibid. , ,

, , 20. 13.

ed not follow Strauss’s account of the later developments of historicism; suffice it to it suffice historicism; of developments later the of account Strauss’s follow not ed 18. 20. Strauss differentiates historicism from skepti from historicism differentiates Strauss

Each era has its truths, but the truths are only relevant as long as the era lasts. era the as long as relevant only are truths the but truths, its has era Each 8

This would put the rise of historicism sometime after 1789. Meanwhile he Meanwhile 1789. after sometime historicism of rise the put would This –

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See above, p. 3. p. above, See Ci Ibid. Michel de Montaigne, “Of Custom, and That We Should Not Easily Change a Law Received,” in Received,” Law a Change Easily Not Should We That and Custom, “Of Montaigne, de Michel cero, cero, ,

the wide variance of custom in contemporary societies around the world. the around societies contemporary in custom of variance wide the 20. Historicism, it should be noted, does more than reject natural law; it rejects any any rejects it law; natural reject than more does noted, be should it Historicism, well been have would but ‘historicism’, word the known have not would Gibbon De Re Publica Re De

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- itrcs ve i Gbo ae o teeoe o ocre with concerned so therefore not are Gibbon in view historicist ity Press, 1988), 2. 1988), ityPress,

(1748), par. (1748), The Transformation of of Transformation The empty; asWomersley summarizes,

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fferent from the present, to the extent that extent the to present, the from fferent The Decline and Fall of the Roman Empire Empire Roman the of Fall and Decline The

ed o nhnig as Historians laws. unchanging to held attitude towards the past, using it as a as it using past, the towards attitude

(1936). For Meinecke, the most most the Meinecke, For (1936). or ‘pragmatic’, historiography on on historiography ‘pragmatic’, or hss ht wie ibn began Gibbon while that, thesis

The Decline and Fall of the the of Fall and Decline The 18

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Ibid. Ibid. , ,

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the the (usually a CEU eTD Collection Pocock, significantGibbon makes a this orno “little from dissent” to According commerce. and intercourse social from arising ‘sentiments’ the commerce,” ofenlighteculture “civil “the of a society,”formation entails which of establishment the in culminating history European see Smith, Adam Hume, and as Robertson, thinkers Enlightenment Scottish such including group, this of members The Enligh “the calls Pocock which history European to approach common a share who thinkers social and historians of group a of part as Gibbon frames who Pocock, fora thereasons Gibbon’s bel alreadyhaving held mentioned, precludes, likely most this “invariable,” as nature human view who those with contrasted be to is outlook his if and present,” the of independence absolute its past, the of autonomy eighteenth his of that than place and time of alterations the to sensitive more was that history of view a reached th causes luxury whether as issues such with dealing causation, historical of notion Gibbon’s Giambattista Vico, althoughan nomore “intriguing” is than this thought. influ been have may Gibbon that speculating by essay the finishes then He so. saying actually without historicist, a was Gibbon that saying to can one as close as comes Chastellux.” for unthinkable been have would that way 370. 1999), Press, CambridgeUniversity 22 Chastellux,” 21

e inevitable decline of a society, and I have no qualms with his conclusion that Gibbon that conclusion his with qualms no have I and society, a of decline inevitable e ai Wmrly “rm oyins t Pretbls: h Ifune n ibn f L Ceair de Chevalier ‘Le of Gibbon on Influence The Perfectibilism: to Polybianism “From Womersley, David ... Poco J.G.A. against its predecessors, with few doubts expressed as to its future. its as to withexpressed few doubts predecessors, against its as civilization this upholds he and theocracies; contending of anarchy an or empire universal than rather manners polite of feudalism, an trade of faith, religious or virtue warrior or slavery than rather commerce of civilization a of behalf on and for in, writing and living is he that clear it makes repeatedly [Gibbon] He J.G.A. of work the in found be can Gibbon about view related but different A is interest main His law. natural about work either in nothing says Womersley British Journal for Eighteenth for Journal British 22 ck,

where the rules of morality supplied in the past by religion are replaced by replaced are religion by past the in supplied morality of rules the where abrs ad Religion and Barbarism - etr peeesr. u i Gbo i togt o ha to thought is Gibbon if But predecessors. century

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CEU eTD Collection University Press, 1987), 23. 1987), Press, University in 25 o idiom the been have would in time Gibbon’s in language law origin Natural clergy. their the or profession have legal the as such often bodies corporate or and professional conventions, rhetorical and vocabulary specialized of idioms all are They these. of one as of thought be easily etc.; law,” civil of law, common of exegesis, biblical of emblematic, Renaissance of scholastic, “medieval of idioms the languages of examples as lists Pocock to order in inherited has he languages various and the several, manipulates but himself language single a not by influenced typically is author An articulate. to able is author an what forming and shaping time same the at but articulation for tools lingu with them providing say, to able are authors what condition Languages thought. political of history the up make largely themselves which and possible, made even and out sa Pocock which in idioms” “specialized those of one mean I ‘language’ By language. law natural of style and terminology the law, natural on thinker a be to known not Gibbon, Edward pres their where texts familiar in sources other from familiar grown languages discovering by delighted and sources statements. ofthese as determine to is task our meantime, the in speculate; later might we prevalence a such for be may there significance or reasons What writing. his in statements of largenumber a quite in itself manifest to enoughprevalent was that and i unconsciously, or consciously existed, that thinking of way a of traces 27 26 1987), Press, California of University (Berkeley: Li The 26

Pocock, “The Concept of Language,” 23. Language,” of Concept “The Pocock, J.G.A. Pocock, “Texts as Events: Reflections on the History of Political Thought,” in in Thought,” Political of History the on Reflections Events: as “Texts Pocock, J.G.A. J.G.A. Pocock, “The Concept of Language and the and Language of Concept “The Pocock, J.G.A. The Languages of Political Theory in Early in Theory Political of Languages The eaue n Hsoy f Seventeenth of History and terature We are in the position of the historian whom Pocock says is “constantly surprised surprised “constantly is says Pocock whom historian the of position the in are We ys the meaningful statements of political thought have historically been carried carried been historically have thought political of statements meaningful the ys ence has been neglected.” been has ence

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, ed , ed. , precisely as possible the nature and and nature the possible as precisely .

f the various thinkers in academia, in thinkers various the f Anthony Pagden (Cambridge: Cambridge Cambridge (Cambridge: Pagden Anthony Kevin Sharpe and Steven N. Zwicker Zwicker N. Steven and Sharpe Kevin discourse containing their own own their containing discourse : Some Considerations on Pra on Considerations Some : 27

natural law might law natural n Gibbon’s mind, Gibbon’s n Politics of Discourse: Discourse: of Politics ae meaning. make ctice,” ctice,” istic istic 26

CEU eTD Collection It may after all be only conventional that a certain language was used in 1776 in used languagewascertain a that conventional only be all after Itmay be there. for language to such special is it justhow then consider Gibbon’s must writing,we decide. can work empirical our only passingcontact, had he whom with authors several of out spun discourse of modes by or individually authors single by influenced was Gibbon Whether t able is authors those of each what constrain and possible make both which authors, many encapsulating discourse” of “continuities or languages as rather but texts, of authors show “influence” to is aim Pocock’s and influence, trace to attempting are We cases. latter the in law natural modern early of variety some of or case, former the in law and Hume ca the is this or if Smith; Pufendorf; and Locke or Aquinas; and Augustine, Cicero, several e.g. but thinkers, one not to attributable easily as be could makes Gibbon statements certain whe and contained, ideas their propositions or assumptions philosophical of sort what as sub important so or not perhaps languages different into grouped be might thinkers various these m the survey will chapter next such. as termed be properly to it for language a using authors two least at be must there language, own their to rise give might Burke) Edmund (e.g. authors idiosyncratic” Poco more. not or Gibbon to available and discussed who debated it. clergy the of some perhaps and profession, legal the life, political 29 28

Pocock, “Texts as Events,” 28 “Textsas Events,” Pocock, Ibid. ,

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hird ed. (Oxford: Oxford University Press, 1888), The Liberty Fund, Fund, Liberty The 1888), Press, University Oxford (Oxford: ed. hird

cannot be directly stated: one has to know the know to has one stated: directly be cannot 24

) (Cambridge: Cambridge University Press, 1996), 213 1996), Press, University Cambridge (Cambridge:

Gisela Striker, “Origins of the Concept of Natural Natural of Concept the of “Origins Striker, Gisela the ive standard of justice, it cannot be called called be cannot it justice, of standard ive

broad sense broad

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Aristotle, Aristotle, Strauss Ibid. Ibid. Plato, to, natural justice does not consist in a set of specific laws or rules, but rather involves a involves rather but rules, or laws specific of set a in consist not does justice natural to, , ,

613. 590. Republic , rsol’ acut f aua lw s oe re ad rcia ta Paos In Plato’s. than practical and brief more is law natural of account Aristotle’s and theologian a not was Plato that observe must one element, divine a regards As Natural Right and History and Right Natural Nicomachean Ethics Nicomachean 6

and the nature of justice is known by the gods, the just human being one “whose one being human just the gods, the by known is justice of nature the and ev t accentuate to serve ,

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Ibid. Ibid. Aristot Strauss Cicero, Cicero, 11 , , .

I.21 I.18. ” but aside from this (and as befits h befits as (and this from aside but Cicero is the final of the three major classical authors of natural law natural of authors classical major three the of final the is Cicero le, le, , 13 Natural Right and History and Right Natural e Legibus De

- Nicomachean Ethics Nicomachean

22. The connection cannot be understood, however, without divinity, which Cicero which divinity, without however, understood, be cannot connection The

I.28, 42. Translation is from Cicero, Cicero, from is Translation 42. I.28,

1134b.

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162. What is the connection between reason, law, and nature? and law, reason, between connection the is What

the most divine characteristic, which is reason. is which characteristic, divine most the is common stereotype as more “grounded” than “grounded” more as stereotype common is 26

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Strauss Ibid. Ibid. Ibid. Ibid Ibid. . , , , , , II.15. 56. I.44, 42. I.30, 45. I.30, 8. II.10, It may briefly may It needs one whether account, Cicero’s in gods the of role the given ask, might One , Natural Right and History and Right Natural 17

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“reason brought to completion.” “reason brought to be mentioned that Cicero’s writings on law, and the Stoic tradition Stoic the and law, on writings Cicero’s that mentioned be

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154.

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Romans Romans Merio Scattola, “Before and after Natural Law: Models of Natural Law in Ancient and Modern Times,” in in Times,” Modern and Ancient in Law Natural of Models Law: Natural after and “Before Scattola, Merio Tony Honoré, Honoré, Tony hstraasser and P. Schröder P. and hstraasser meanwhile accusing or else excusing one another. one else excusing or accusing meanwhile the thoughts their and witness, bearing also conscience their hearts, their in written law the ar law, the not having these, law, the in contained things the nature by do law, [Jewish] the not have which Gentiles, the when For Christianity, is law natural of ideas Western affect to development major next The u civile ius 2:14 u ntrl e gentium et naturale ius - 15 th keeping in mind the mind in keeping th htt Ulpian: Pioneer of Human Rights Human of Pioneer Ulpian: ,

p:// King James Version King James

books.google.com> books.google.com> nldd h poedns f ors I Upa’ cneto, s with as conception, Ulpian’s In courts. of proceedings the included ius can translate as both as translate can

(Dordrecht: Kluwer Academic Publishers, 2003), 2. 2003), Publishers, Academic Kluwer (Dordrecht: ;

the Christian Natural Law Natural Christian .

ius gentium ius (

accessed March 12, 2012 12, March accessed ius naturale ius ol b i efc ee i Rm dd o exist. not did Rome if even effect in be would e a law unto themselves: Which shew the work of work the shew Which themselves: unto law a e ad taeis n h Ery Enlightenment Early the in Strategies and s , s 28 econd ed econd law law

pertained, among other things, other among pertained, 23 , the ,

and h, where God says that He will “put [His] “put will He that says God where h,

” . 22

(Oxford: Oxford University Press, 2002), 76, 2002), Press, University Oxford (Oxford:

ius gentium ius right

The notion of rights will become anbecome will rights of notion The

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CEU eTD Collection 25 24 Judeo strong to unique something a conception this to adds he Augustine, and Paul to addition in Cicero references he although difference: a with but tradition, Stoic the and themany would temporal bea laws crucial startin human from laws temporal all forms.” which various their derive from government law, single this is There law…. eternal just is that all derive “men just: truly is which humans beyond law a and humans by made are they as laws between distinguishing in predecessors happy. life renders and universe” entire the rules “som is law that statement Cicero’s to close very comes he fact in and inhabitants, its of benefit the to operates which universe the to plan divine a sees Augustine creation. His into harmony and order instills God whereby law,” nature. of traces all obliterate can vice no and others, with peace make to him move nature” man’s of laws “the for peace, creation His the inobservation, his with thoughtlawnatural to commands. nature’s not” effaces itself “iniquity law. natural universal of instance an as taken be cannot it humans, all not and Israel of House Archive, < Internet49, 1955), Press, 28 27 26

Cicero, Cicero, Ibid. Augustine, Augustine, Augustine,

IX.13. Aquinas, who forms a kind of apex of medieval Christian moral thought, carries on on carries thought, moral Christian medieval of apex of kind a forms who Aquinas, Pau quotes Augustine De Legibus De De Civitate Dei Civitate De Confessions The Problem of Free Choice Free of Problem The

a love of peace and harmony. Even wicked men cannot remove this desire for for desire this remove cannot men wicked Even harmony. and peace of love a ,

II.8, 1 II.8, ,

II.4, q II.4, 1. ,

IX.12.

- uo Christian tradition. He begins with the concept of eternal law, eternal of concept the with begins He tradition. Christian t

25 e http:// ’ psae n his in passage l’s

d in Scattola, “Before and after Natural Law,”3. afterNatural and “Before in Scattola, d

That nature exhibits such peace is a result of the “ete the of result a is peace such exhibits nature That www.archive.org> www.archive.org> , trans , . 28

Dom Mark Pontifex (Westminster, Maryland: The Newman Newman The Maryland: (Westminster, Pontifex Mark Dom

This distinction between the single eternal law eternal single the between distinction This 29

24 City of God of City

Confessions 27 ( accessed March 13, 2012 13, March accessed Augustine makes a further contribution further a makes Augustine

g for point Thomas Aquinas. uutn as flos i classical his follows also Augustine rsoein lmn, s el as well as element, Aristotelian n lwu i tmoa lw from law temporal in lawful and , that God has instilled into all into hasinstilled God ,that , dig the adding 26

ething eternal which which eternal ething s ih h Stoics, the with As ) .

omn that comment

rnal CEU eTD Collection 31 30 1988). Company, Politics and Morality, 29 eternal. always is it whom s to according law. natural self Thus the to belongs whatever that precepts derives reason practical our which from good, the apprehension first its as has law accompanying mind the of action an conscience calls confusingly This synderesis law. the of precepts the recognizes mind the whereby ( habit a through mind human the in operates law Natural “no is one case which in natural, the from deviate can laws human that possible is it although law, natural from derived is law human Every laws. human are determinations Such situations. particular for made are determinations lawits which governs all. and reason divine is it and reason, have they that in gods the like are humans that idea Stoic cr rational the in law eternal the of “participation or but sharing, This animals reason.” eternal as the of it share “a have follow actually blindly not do we that such way, special a in us on imprinted cre God’s of all on imprinted is law eternal reason.” divine by governed is universe the of community whole “the that stating 35 34 33 32

Ibid. Ibid. Ibid. Ibid. Ibid. Ibid. Ibid. Thomas Aquinas, Thomas

I I I I I I ------Natural law exists in humans as a set of general, self general, of set a as humans in exists law Natural II. Q. 94. AA. 94. 4 II.Q. A. 94. II.2. Q. II. A. 95, II.2. Q. A. 91, II.3. Q. A. 91, II.2. Q. - Q. 94. A. 1., I. Q. Q. AA. 79. I. 12 A. 94. 1., Q. rsrain rceto,koldeo o,adsca lf aealpeet of precepts all are life social and God, of knowledge procreation, preservation, a orpin f h Gek wor Greek the of corruption a , 34

tain hne h lw s t es prl vral, n otat o ieo for Cicero to contrast in variable, partly least at is law the hence ituation; u o te nhnig eea peet cm a eodr cas ht vary that class secondary a come precepts general unchanging the of Out Summa Theologica Theologica Summa ed ,

- eature,” is the natural law. natural the is eature,” 5. .

William P. Baumgarth and Richard J. Regan (Indianapolis: Hackett Publishing Publishing Hackett (Indianapolis: Regan J. Richard and Baumgarth P. William

good is to be sought, and whatever is contrary (evil) avoided. avoided. (evil) contrary is whatever and sought, be to is good

Lastly, in addition to the natural law God has given humans given has God law natural the to addition in Lastly, I - - 13. II, Q. 91, A. 1. Translati 1. A. 91, Q. II,

atures, but as humans are rational creatures, it is it creatures, rational are humans as but atures, fr osine atog Auns somewhat Aquinas although conscience, for d 30

longer a law but a perversion of law.” of perversion a but law a longer the to this in similarity the see can One on is from Saint Thomas Aquinas, Aquinas, Thomas Saint from is on habitus - evi dent principles from which from principles dent synderesis specific , an Aristotelian notion) notion) Aristotelian an , ai i termed is habit . 33

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CEU eTD Collection Aquinas. Aquinas. 37 36 well physical for required not is it when even exists which humans other with unive is there nature human in that maintained Grotius interest, personal own their was laws the making in motivation only Against humans’ that argued who skeptics law. natural modern of founder the considered commonly Grotius, Hugo motivating prime a was overseas, colonialism Dutch by raised issues species. human whole the to common truths moral any be could there whether questioning others, and Charron, Montaigne, of ideas the from shape taken of current a societies, human and continents new of discoveries of wake the in time, same the At fall. the the of result a as instead God and humans between emphasizing discontinuity radical granted, for taken had Aquinas that reason divine and reason hum between relationship intimate the accept not did thinkers Protestant and place, taken had Reformation the Meanwhile Soto. de Domingo and Suárez Francisco as thinkers such a remained and thefinal good. of cause the reason practical of understandingits in Aristotelian part and reason, divine of law eternal an Judeo directs law divine the earth, on happiness natural our toward us directs law natural the while because, is This Testament. LawNew the of Testament theNew Law and Old of theOld into the the divinelaw, divided 196. 39 25. 1996), Press, CambridgeUniversity (Cambridge: 38

Ibid. Ibid. I am indebted to Baumgarth and Regan’s introduction Regan’s and Baumgarth to indebted am I Richard Richard nd Haakonssen, Knud

- I Christian addition to a doctrine that is otherwise part Ciceronian in it in Ciceronian part otherwise is that doctrine a to addition Christian - Although there were many debates within scholasticism, Aquinas’s moral theory theory moral Aquinas’s scholasticism, within debates many were there Although II. Q. 91. A. 91. II.4. Q.

Tuck, Tuck, dominant force up until the seventeenth century, where it continued to influence to continued it where century, seventeenth the until up force dominant hlspy n Gvrmn 1572 Government and Philosophy

Natural Law and Moral Philosophy: From Grotius to the Scottish Enlightenment Enlightenment Scottish the to Grotius From Philosophy: Moral and Law Natural

Modern Natural Law Natural Modern us o u eenl apns beyond. happiness eternal our to

- 31 1651

( ibid.

(Cambridge: Cambridge University Press, 1993), 1993), Press, University Cambridge (Cambridge: )

for understanding the Aristotelian element in in element Aristotelian the understanding for

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Tuck, Tuck, Tuck, Haakonssen, T.J. Hochstrasser, Hochstrasser, T.J. hr Tc cmet, “ comments, Tuck chard De Philosophy Government and Philosophy Government and Philosophy In conceiving natural law thus, Grotius does away with scholastic obligations that all with scholastic obligations away Grotius thus, does In conceivingnaturallaw I ure ure

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Richard Tuck (Indianapolis: Liberty Fund, 2005). Fund, Liberty (Indianapolis: Tuck Richard uo uo

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CEU eTD Collection 58 57 56 self to right the of corollary A self of that is right basic most self of right property. or health, l impair could that nothing do to and can, we as much as ourselves as well as others preserve to is nature of law basic the Hence life. another’s harming justify might one that t preserve to bound thus and Maker, their of property the are humans all that it,” consult but will who whereby govern should themselves.” Men possibility.” rational a and behaves. it how on based self the for punishments and rewards have might God that assume to safe only is it exists, is self the if And body. the of death the survive not self will it that since think that, arguing but reason by shown reasonto no is there Cartesianism), bodilyshowinghis of (again not nature is consciousness be cannot fact a such that allowing proof. cosmological Aristotle’s from derived byselfanwhich andexistence argument first ofGod,he thenthe theexistenceproves ofthe c ideasmoral man our which from standard moral absolute an of existence the show to attempts Lockehowever, suggest, would approachan such relativism unbridled of sort the prevent to a and happiness experience 62 61 60 59

Strauss, Strauss, Locke, John Q Ibid. Haakonssen, Locke, John Ibid. uo t , , e

57. 52 d in d What does this rule entail? Locke holds that human reason “teaches all mankind, all “teaches reason human that holds Locke entail? rule this does What - Natural Right an Right Natural

53. hemselves, and that furthermore, there is no subordination between people such people between subordination no is there furthermore, that and hemselves, ibid.

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Essay Concerning Human Understanding Human Concerning Essay 55.

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66. 235 Francis Hutcheson introduces a tradition of Scottish thought which holds that moral moral that holds which thought Scottish of tradition a introduces Hutcheson Francis

sible the maintenance of the of maintenance the sible - 36. Natural Law and Moral Philosophy Moral and Law Natural

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Haakonssen, Haakonssen, Ibid. Ibid. Francis Hutcheson, Hutcheson, Francis , ,

70 74. 73. import; if we still remember that the grand aim of the law of nature is the general good of of good general it. allows interest thegeneral faras as ofevery and part all, the is nature of law the of aim grand the that remember still we if import; of definition our reason, law; a right to them referring by abridged be may of qualities moral dictates practical these all containing and the to good, tends general whatever requiring law, divine a of notion the to ascended have we when But from different entirely not manner a In law? natural leave this does Where

One might wonder why Hutcheson brought l brought Hutcheson why wonder might One

Natural Law and Moral Philosophy Moral and Law Natural Law of Nature of Law A Short Introduction to Moral Philosophy in Three Books; Containing the Elements of Elements the Containing Books; Three in Philosophy Moral to Introduction Short A wever, something new to natural law natural to new something wever, consists strictlyconsists determinations. oftrue/false

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(Glasgow: Robert Foulis, Printer to the University, 1747), 119 1747), the University, to Foulis,Printer Robert (Glasgow: 67

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to be good:to be 38

tion of human beings as naturally good and and good naturally as beings human of tion

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CEU eTD Collection instead is, morality What transcendent. not are therefore, morality, of reason.” rules our of conclusions The particular. this in impotent utterly is itself a prod and is passions, excite “Morals involve process: which dispassionate reason, judgments on based moral be cannot since they praiseworthiness, that, or blame out of pointing impressions by this accomplishes He Plato. i lodged been had it which with separate reason, to from is morality this doing in step first His feeling. individual of matter a solely it make to and reason, human of or God of notion any from justice and morality disengage to was Being.” particular each of Taste mental or Sentiment the to relative entirely is but Things, of Nature Abstract the in nothing is Morality us…that taught has Philosopher late “a that 1748, in he when Hume by ignored was two the between link crucial the were objectivityand reason) of (instead e in like theological or to rational the much not concerned found appreciated he decline, What philosophy. its Hutcheson’s about bring ultimately and thinking law natural already underch time inhis human into insight Hutcheson’s connecting hand, his benevolencewith other the On thinkers. Scottish well as sense), with entirely law 457. III.I.I, 1978), Press, University 72 ed 71 lements in it but Hutcheson’s attribution of moral behavior and judgment to feelings feelings to judgment and behavior moral of attribution Hutcheson’s but it in lements

. Quoted ai Hume, David

A lasdair Macintyre (Notre Dame, Indiana: University of Notre Dame Press, 1965), 13. 1965), DamePress, Notre of University Indiana: Dame, (Notre Macintyre lasdair ai Hm, h pioohr h wud o oe hn noe o revolutionize to anyone than more do would who philosopher the Hume, David 71

in Alasdair Macintyre, Macintyre, Alasdair in

The quote reveals one of the main projects of Hume’s m Hume’s of projects main the of one reveals quote The A Treatise of Human Nature Nature Human of Treatise A present in the agent and the judge. That Hutcheson’s ideas of reason reason of ideas Hutcheson’s That judge. the and agent the in present divinity

allenge. 72 “ -

Introduction

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Hume’s Ethical Writings: Selections from David Hume David from Selections Writings: Ethical Hume’s 39

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See Ibid. Ibid. Ibid. ch.1 , , ,

III.I.II, 474. III.I.II, II 471. III.I.II, os ue hn ae oaiy ohn mr ta a ucin f self of function a than more nothing morality make then Hume Does th proposition no with propositions, of am copulations I usual the sudden of instead a that find, of to surpriz’d when affairs; human concerning observations makes or God, a of being in time some for proceeds author the passing a makes Hume conclusion, this to way his On I.I.I, I.I.I, 469. 76 , n. , feeling

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CEU eTD Collection and thebasis ofour judg moral of standard new our becomes that spectator’ ‘impartial ideal an create we th a of free judgment of standpoint seek we us, around those of demands and wishes the to according ourselves judge to self by assessment obser people’s other of object the being of – us view might others way the ourselves view to but ourselves, like beings as others view to process sel weeach identify withother ‘sympathy’, called a Through people. other with interaction of out own their for forms person each which ‘self’, the of notion the with begins Smith friend. and predecessor his over sophistication represe works internalization this how of understanding his although influence. religious from virtue and justice concerning discourses public the free to designed was philosophy moral his and century, seventeenth the of upheavals the after especially life, political English on religion of influence the of wariness his from came motivation from springing behavior natural pe a becomes life moral the and constructs, social than other nothing as ‘rights’ and ‘justice’ as notions such sees likewise Hume arguments, these repl is Locke and Pufendorf of theories the in will God’s of internalization the and good, social a with replaced is Hutcheson of good common the Thus, it. to up live not does she or he when 78 77

Ibid. Haakonssen, a step which awakens our moral self moral our awakens which step a rsonal sentiment, aided and abetted by a process of socialization. Much of Hume’s Hume’s of Much socialization. of process a by abetted and aided sentiment, rsonal , 131. Adam Smith follows Hume in making morality an internalization of the social will, will, social the of internalization an morality making in Hume follows Smith Adam

Natural Law and Moral Philosophy Moral and Law Natural aced with the internalization of the social will. social the of internalization the with aced - observation and self and observation conscience.

e various biases of individuals we encounter. In doing so, doing In encounter. we individuals of biases various e - judgment. As Haakonssen summarizes, “Awareness summarizes, Haakonssen As judgment. - assessment.” ,109. vation and assessment leads us to pre to us leads assessment and vation 41

After some experience in learning in experience some After ves around only usnot ves us,leading 77

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ment thus thus CEU eTD Collection some, or onlya appear few were them of all almost of writings the and profoundly, Gibbon influenced who survey this in thinkers only the the byadmired were both and Gibbon, with corresponded both career, Gibbon’s of much overlapped thinkers both older, generation equallyimparti from the derived are both but protect, they which rights the or justice of rules the primary, more is which ask might One rights. other protect to done is violation the unless injuries, are rights those protec to exists Justice infringed. been has right person’s the that say would one injury, unjust an received having as person a view might spectator whenever impartial an For Smith, Hume’s theory. has‘rights’,as saw noplace in we which termin the invoking in however, Hume, from departs Smith places. and times all to common virtue moral of ideas basic certain be will there that expects thus and uniform, degree some to being as nature human views Smith Hume, with as but, relativism

With Hume and Smith we have arrived at Gibbon’s time. Although Hume was a a was Hume Although time. Gibbon’s at arrived have we Smith and Hume With subjectively a such that guess might One present

in Gibbon’s writing is our next task to investigate. task to next in Gibbon’swriting isour

in his library. Whether or to what extent the ideas of all, or all, of ideas the extent what to or Whether library. his in al spectator orherwrong. senseofwhatand his is younger historian. But these were by no means means no wereby theseBut younger historian. 42

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CEU eTD Collection sure that an idea expressed however forcefully at a certain point in his work was equally was work his in point certain a at forcefully however expressed idea an that sure his towards views changing Gibbon’s of investigation Womersley’sof conditioned by many influences. suggested often has novel “a paragraph, moral same the in writes he of As systems. such several from spirit derived judgment a having of conscious was nonetheless but system, one any of precepts philosophical the betweenHis distinction science and the man, he howtheir ideas explains affected him: young a as Pufendorf and Grotius of reading his describing After instructive. is finished, hi of draft third the in makes himself Gibbon of exp was he patterns which to language(s) thought, law natural the by of made influence habits for looking instead are we system thorough or mature a law intend topromulgatenatural did not any Gibbon in Chapter 1that the mind in keep must we issue, this Approaching views. own Gibbon’s to turn as Hereafter cited 64v. fol. 1990), Ltd., Publications Research England: Reel 1(Reading, 3, Part 2, Himself 1

Edward Gibbon, Gibbon, Edward , in in , A crucial consideration is that of evolutio of that is consideration crucial A the than value more of spirit philosophical seriou a these judgment, themselves…. sciences From of maturity war…. a and derived peace I of pursuits laws the and justice, of Theory their in investigated W up leading law natural of history the surveyed have We ithout being disgusted by the pedantry of Grotius or the prolixity of Puffendorf [sic], I I [sic], Puffendorf of prolixity the or Grotius of pedantry the by disgusted being ithout Britain’s Lit Britain’s The Memoirs of the Life of Edward Gibbon with Various Observations and Excursions by by Excursions and Observations Various with Gibbon Edward of Life the of Memoirs The spirit erary Heritage: British Literary Manuscripts from the British Library, London Library, British the from Manuscripts Literary British Heritage: erary tan f oa o mtpyia tikn; hne i apoc was approach his hence thinking;” metaphysical or moral of train a

Edward Gibbon andNatural Law that he that writings the dut the writings

absorbed, indicates that Gibbon distrusted the exact moral exact the distrusted Gibbon that indicates absorbed,

Systems the rights of a man, the duties of a Citizen, the the Citizen, a of duties the man, a of rights the Systems Chapter3 system 43 s

Memoirs of theorists likeGrotius onthe and one hand, of

n or change in Gibbon’s thought Gibbon’s in change or n

, written after written , to Gibbon, and now may now and Gibbon, to

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CEU eTD Collection include such goryinclude suchas afather forced scenes to which actions enemies, his on revenge exacts and power acquires Rufinus which by actions crime.” every of imputation the party, every from “odio an is him, introduces Gibbon as Rufinus, Arcadius. emperor feckless the from empire eastern the and Constantinople of control effective take to able is Theodosius, under power some gained had who Rufinus, minister, A permits. the which crimes the of views his with compared mild is inability place. his take who sons inexperienced” and “feeble the of thinks he what of doubt little leaves Gibbon and empire, united the of ruler last the dead, in narrates Gibbon volu third the of pages feverish the in occurs scene such One view. to exposed is c to tend statement, islikely it remained hisattitude that largely that was later it earlier. thesame matte the of view his in upswing positive strong a been have may there that assume not should we afterwards, of three volume in justice of laws universal must doubt the of benefit some way, either evidence strong of absence the in Still, career. his of stages other at place in remained attitudes these that suggest to found is evidence corroborating until least at work, i time of period the to only assigned be must writings Gibbon’s in then found are attitudes philosophical Whatever times. other at him by held 3 2

Ibid. Gibbon, , , II.99. M Decline and Fall and Decline luster, and it is at such moments that the philosophy undergirding these judgments judgments these undergirding philosophy the that moments such at is it and luster, oral judgments abound throughout abound judgments oral

r (the example here is purely hypothetical). Absent any contradictory contradictory any Absent hypothetical). purely is here example (the r detail the plunging fortunes of the fifth the of fortunes plunging the detail , II.98. ,

be allowed: if, for example, Gibbon attacks the notion of notion the attacks Gibbon example, for if, allowed: be 44 Gibbon’s watch the violent death of his son. theviolentdeath ofhis watch Decline and Fall and Decline

n which he wrote that section of the the of section that wrote he which n history, but at certain moments they moments certain at but history, ibn ie a ul con o the of account full a gives Gibbon 2 us” character who “has deserved, deserved, “has who character us”

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me, as me, sius is sius

CEU eTD Collection through city streets on a long lance, and his severed hand is held comically by the parading the by comically held is hand severed his and lance, long a on streets city through carri is head His purpose. the for city the from out issue who people of crowds angry “our that suggests by trampled and Gibbon mangled is body His next: happens what by affected Constantinople. be might humanity” of gates presen the to outside supposed him were they to when themselves occasion an on unexpected troops Rufinus’s eastern in the results by slaughter which plot military a engineers empire, western the Ru one ofhisschemes. in part take to refused had who official an of murder Rufinus’s characterize to after shortly fifth in eighteen lived or Constantinople he whether inhuman and unjust actions Rufinus’s render would that conduct human of standards implies apparently but mindset, his to clue a than more of “principle[s] the are What the natureavaricewhere of and offers leads it observation: Gibbon this Rufinus, e Gibbon of citizens areConstantinople gre withhis acquainted the all but secret, remain crimes darkest His fate. his to leads which hatred 5 4

Ibid. Ibid. finus, but the circumstances which surround his death. His rival, Stilicho, the general of of general the Stilicho, rival, His death. his surround which circumstances the but finus, , , II.103. , II.102. ehp te togs wrig n hs eto, oee, s sd o t describe to not used is however, section, this in wording strongest the Perhaps could he danger. without possess nor folly,without which not spend treasures, immense those accumulate to justice, and humanity of principle o excite might Rufinus of motives the passions, human the of blindest the not were avarice If Constantinople. of in the palace instituted he which favour, of as well as justice, extortion; of sale public the and enemies; or strangers, general, confis and unjust partial, fines, of of children the inheritance lawful their of despoiled tyrantthe arts which by immoderate testaments, fictitious various bribery, the scandalous by taxes, East, oppressive the of wealth the attracted sentiment, other every over mind, corrupt his in prevailed have to seems which avarice, His public the prepares villains, Gibbon’s of many so with as insidiousness, Rufinus’s ur curiosity; and we might be tempted to inquire, with what view he violated every every violated he view what with inquire, to tempted be might we and curiosity; ur mploys an interesting phrase to characterize Rufinus’s misdeeds. Commenting on Commenting misdeeds. Rufinus’s characterize to phrase interesting an mploys

th -

etr Lno. ibn n at ss h tr ‘inhuman’ term the uses fact in Gibbon London. century uaiy n jsie fr ibn Te odn ofr no offers wording The Gibbon? for justice” and humanity 4

ed: 45

ain, ocd or forced cations,

- century ed t CEU eTD Collection cities tounderstand nature’sprinciples. both by reason of use the is Rome and Athens of laws primitive the between similarity the Phoenicia.” or Egypt from descent common a of proofs socie every to revealed have reason and nature which rules some found; be may resemblance casual some Decemvirs, the of those with Solon of the tables the “In of law: comparison this reveal to nature with works reason but law, civil from separate is that society.” of obligations civil and natural the respect should subjects his all that interest monarch’s] absolute [an his undoubtedly is “it that comments society.” and nature of law every violated had who tyrant, “a as described is son, his of murder the used is language Such society,” and nat nature of of law a law is there “every that suggesting violate to said are crowd the and Stilicho where revealing, most is quote final The in. drawn image full the and darkened be can outlines wit phrases these comparing by outlook; moral andvictim, thescenecloses as pageinthea annals another decaying society. of sordid license. examples ofmilitary dangerous the renewed prince,and ofsociety, the themajesty profaned and nature of law every violated justice, of perhaps, execution, the in which, deed, horrid “ censures: Gibbon revenge, of act an at smile might readers some Where money. requesting still though as citizens 9 8 7 6

Ibid. Ibid. Ibid. Ibid. , , I.700. , I.701. , II.111.

II.782. h wrig ht ibn ss o ecie hs psd rvas h otie o a of outlines the reveals episode this describe to uses Gibbon that wording The ” 6 7

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w CEU eTD Collection 11 10 th for affinity special his reiterate life.” private and public of situation every to almost applied be may which lessons, admirable “the for part first would I whom ancients two “the as Xenophon and Cicero recommend to passage same the in on goes He man.” a of sense private and public the examples and precepts his from imbibed I and freedom, of spirit the breathed I recountsin he As study. scholarly embraced fully first he Protestantism, to reconverted and Switzerland to sent being his of turbulence the following when, period formative a in eighteen of age detail. such in philosopher a of theory the explicate Gibbon does rarely since evident, is idea the loftin spiritual Gibbon although “sublime,” being of compliment of ideas essential the of All law:Roman of development the on chapter famous his in divinity in origin its and nature of law the Gibbon Cicero. by forth put as particularly is history spiritual 12 “our remarks, Gibbon existence, moreintelligible.” without becoming sublime, grownless of states separate involving theories earlier to contrast prevailing the mentioning After soul.

Edward Gibbon, Gibbon, Edward Ibid. Another example of his usage can be found in a footnote on the various theories on the origin of the human the of origin the on theories various the on footnote a in found be can usage his of example Another ,

II.793.

Gibbon’s relationship with Cicero was unique: he discovered the Latin th Latin the discovered he unique: was Cicero with relationship Gibbon’s mind. virtuous of rule the from drawn are custom, or accident reason by modified community; however sameinstitutions, positive all the and nations; of and nature members of law the are prescribes essence, same the of participate who men, on forms hypothesis, sublime his to according universe, whole The constitution. Roman the of justice and wisdom the origin celestial a from deduce to labors he which in oflaws; treatise a republic, his useof the for and, republic; a composed incomparable his by adorned o example the After touches. was it that object every gold into country converts which genius, his of jurisprudence the but lawyer; professed C noti one this, of all In cr, i [upcu Svrs] otmoay n fin, elnd h rptto o a of reputation the declined friend, and contemporary Severus’] [Sulpicius his icero,

ess of an idea than its convincingness or truth value. truth or convincingness its than idea an of ess the Memoirs 12 Memoirs

h rfrne ta Gbo mks o ieo hogot i writings his throughout Cicero to makes Gibbon that references The ,

fol. 34 fol.

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r. ces a strong resemblance to the ideas of Stoic natural law, law, natural Stoic of ideas the to resemblance strong a ces

e Legibus De modern view that the soul is embodied at the moment of conception, in in conception, of moment the at embodied is soul the that view modern e Roman sage; his was the first volume that Gibbon Gibbon that volume first the was his sage; Roman e

r peet ee ad h ter i gvn the given is theory the and here, present are in fact in 47

right, which the Deity has inscribed on every every on inscribed has Deity the which right,

Ibid. often

gives an account of Cicero’s doctrine of of doctrine Cicero’s of account an gives ,

II.935 n. 8 II.935 propose to a liberal scholar,” in large in scholar,” liberal a to propose e immense commonwealth: gods and and gods commonwealth: immense e

uses this term more to describe the the describe to more term this uses tasted the beauties of language,ofbeauties the tasted .

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Gibbon, Gibbon, Ibid. Ibid. Gibbon, Ibid. , , III.725. , II.547. 51fol. , 16 Gibbon’s use of the term ‘rights’ is worthy of further scrutiny further of worthy is ‘rights’ term the of use Gibbon’s nature of law the discovers one Cicero’s, with as approach, Gibbon’s In

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property “the dearest of human rights” and referring to religious liberty as “an “an as liberty religious to referring and rights” human of dearest “the property

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I.626, I.961, I.626, sentiments of men, without any political or public views, were sufficient to render his his render to sufficient were views, public or unstable government political any without men, of sentiments and horrid so were [III] Richard of crimes the But with conjunction in uses times at Gibbon which however, term, another is There t The History of England of History

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itr o England of History V.315. , , III.202. I.539. IV.161. That Gibbon That be not could ofh feelings the obliterates fanaticism that ignorant they Medina; of allies old their of intercession the to trusted Jews] [the They proof honourable an affords relations, or humanity. and nature of mindssentiments the in their not extinguished had superstition friends their concealing generally has he in Pagans, the of many of courage virtuous the law, this of severity as the notwithstanding Yet, destitute, savage, brutal a of fate evenbeing. human a or civilized, a thatdistinguishes ofevery sentiment represented, deserved the was Such t favour to rather seemed which sovereign distressed court, his from their to protection give to commissioners, and generals Scottish the solicited had parliament, instructions any than of humanity, sentiments natural the by more king the for interested minister, French the Montreville, dignity… a humanity, of sentiments all against steeled so was one no and spectators; with crowded was room The History of England of History Decline and Fall and Decline

34 29

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Hume, Hume, p. above, See Ibid. Memoir in E Gibbon, Ibid inMemoir B Gibbon, Treatise of Human of Treatise dad ibn lte 27 in 227 letter Gibbon, Edward s o Eiuu’ hg, a aprn (huh uzig rfrne o Horace. to reference puzzling) (though apparent an hogs,” Epicurus’s of est . former , Memoir B, 196. Memoir , B, II.101. letter , 335, We have established that Gibbon absorbed Hume’s style; did he likewise adopt his adopt likewise he did style; Hume’s absorbed Gibbon that established have We Treatise

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Ibid. Gibbon, Memoir in E Gibbon, ,

III.983, III.983, Do Gibbon’s views evolve or change in the later parts of his history? history? his of parts later the in change or evolve views Gibbon’s Do Decline and Fall and Decline Thus the mind understands what one’s moral duty is, but the heart must supply must heart the but is, duty moral one’s what understands mind the Thus III. f events over a short time period in those volumes (roughly from the reign of of reign the from (roughly volumes those in period time short a over events f volume six. volume six. 1012, 1012, Autobiographies III. , III.178. , 782. e ofmany h preachers after t evenly throughout the history. A certain concentration appears appears concentration certain A history. the throughout evenly t There is little evidence of this. A glance over the quotes the over glance A this. of evidence little is There

46 pages waning the in Even

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III.851. To understand the language that Gibbon uses, one must consider how the chapter the how consider must one uses, Gibbon that language the understand To law natural Gibbon’s make? this of any does difference what question: final A t the outset of the the of outset the t ideas as only products of products only as ideas

people Decline and Fall and Decline

hmevs ae hne. ibns ecito o th of description Gibbon’s changed. have themselves 49 feeling. However much a historicist might see human see might historicist a much However feeling.

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See n.See Ib This term has a meaning in classical writings that is different from its Christian meaning (civic or military or (civic meaning Christian its from different is that writings classical in meaning a has term This id. would , , I.76.

16 Not only did the fifth century of Roman history enable such figures as Rufinus to Rufinus as figures such enable history Roman of century fifth the did only Not flattery. with most abject the adored they whom tyrants those despise to inwardly and Augustus; and Caesar of crimes successful vir the a country free, own of a their revere to notions of them history taught The had liberal society. most civil of and origin the and justest nature, the human of imbibed dignity had they philosophy Grecian least From at or sentiments, the preserved a while for they long violence, military of and corruption own their of weight the beneath Oppressed , this , chapter

lead to virtue to lead ice and virtue” of the early emperors with the same terms used for Christian monks,I.74, Christian usedfor terms same with the emperors the early virtue” of and ice that instilled just and liberal philosophical notions in its people, notions people, its in notions philosophical liberal and just instilled that .

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For Gibbon’s hesitancy on whether to continue see Memoir E in E Memoir see continue whetherto on Gibbon’shesitancy For t such ‘Polybian’ passages are less frequent in the final three volumes is explained not explained is volumes three final the in frequent less are passages ‘Polybian’ such t

that formed his respect for the earlier peri earlier the for respect his formed that mphal period: this is the tragedy of the first three volumes, and the stark stark the and volumes, three first the of tragedy the is this period: mphal - century empire are not the same as the people who had seen Rome in its its in Rome seen had who people the as same the not are empire century

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Hume, Hume, Enquiry acquainted with the regular springs of human action and behaviour and action ofhuman springs regular with the acquainted whic from materials with us furnishing and situations, and circumstances of varieties all in men showing by nature, human of principles universal and constant the discover to only is use chief Its particular. this in strange or new histo that places, and times all in same, the much so are Mankind his his give Hume does framework moral of sort What

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at Gibbon abandoned the philosophical approach altogether, altogether, approach philosophical the abandoned Gibbon at s his goal of discovering “principles of human nature” nature” human of “principles discovering of goal his s eloped in his philosophical writing philosophical his in eloped Hume , Part I of “On Liberty and Necessity,” par. 7. par. Necessity,” Liberty I and of “On, Part 61 h we may form our observations and become become and observations our form may we h

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CEU eTD Collection historical figures, and this entails some notice of their moral character. Hume believes that believes Hume character. moral their of notice some entails this and figures, historical of morality Hume;arehistorical they for theroot events. likewise of other.” each to intelligible rendered be di and conversation our which without distinctions, and preferences general the to familiarized be we shall more the maintain, we intercourse social greater the interaction social through molded are passions ho on based develops one feeling somewhere a or lies belief a Sentiment is it reason; and blur. passion between to seem reader modern a to might distinction the if even ‘passions’, the from it distinguish to careful is Hume but “emotion,” for synonym a as today read commonly is Sentiment ‘sentiment’. of notion his was project this to Essential explain did time his of people destruction.” own its of seeds the contain to seemed which but wealthy and great Britain made had which another of rise the and constitution summarize polity.British freea preserve to how with grappled earlierwritings, Hume, ofliberty. loss Empire consequent and the and Livy transfor of the case been the had Inproblem the Machiavelli, polity. free a destroyed or made had events historical how analyzing science), political (or philosophy political as history of tradition Machiavellian philosophy, in career a through Gibbon’s ideas are lesspronouncedpredecessor. thaninhis than rather history to directly came who one as still, 10 this philosophyin historical ofHume’s explanation 9

Nicholas Phillipson, Phillipson, Nicholas

Q uo t e d in d

Hume thus takes great interest in his history in the sentiments of sentiments the in history his in interest great takes thus Hume the writing in inspiration Hume’s to them, through history, the principles by which they could maintain their liberty. their maintain could they which by principles the history, through them, to ibid. s, “Hume was about to tel to about was “Hume s, , 47 , - 48. 48. Hume

not realize what had made their constitution successful, and hope and successful, constitution their made had what realize not

(London: Weidenfeld & Nicolson, 1989), 80. I am indebted to Phillipson for my for Phillipson to indebted am I 80. 1989), Nicolson, & Weidenfeld (London:

l the story of the decline and fall of the Elizabethan the of fall and decline the of story the l 10

Sentiments, as we have already seen, ar seen, already have we as Sentiments, History of Engl of History

paragraph. 62 : “The more we converse with mankind, and mankind, with converse we more “The :

ain f h Rmn eulc no an into Republic Roman the of mation armed with a mature philosophy from his from armed withamaturephilosophy

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to CEU eTD Collection 11 clear: more question the renders passage Another ideas. prior his from departures any for history considered“unnatur is father his of mistreatment son’s the and wrong, is does Isabella what that people the tells which nature” of “voice the is it nature: of use the is passage this of aspect interesting An immorality limits: its didhave were thus and civility, no muc very The does improve situation not hopelessly invice. lost had Irish primitive the Romans, the with contact Lacking calls “the Enlightened narrative.” Pocock what for basis philosophical the are beliefs Such belief. this of imprint the bears virtuous, people make to necessary were ‘civility’ called be could that all and luxury, society, commerce, 15 14 13 12

Ibid. Ibid. Hume, p. above, See in II ofPart Arts,” 2 Essay inthe “OfhisRefinement See

, , II.331. , II.110. government unstable; and every person of probity and honour was earnest to prevent the the his prevent render to earnest to was from bein scepter honour sufficient and were probity of views, person every public and or unstable; government political any without men, of sentiments Richa of crimes the But the examining worth is it but so, think to us lead not would philosophy Hume’s in reflection flagrant least this the detest them that make guilt, duty. private and public and of eyes, scene men’s open complicated to a sufficed such formed and themselves, in odious so were circumstances those All them: dishonoured had that cruelties, and violence push had sovereign; their against rebellion a into nation the seduced pretences lying by had father; his of treatment unnatural this in instrument an son minor her made had [I wife a Here, nature. of voice the to insensible remain ever for could faction, by enflamed farther still times, the of barbarity the by corrupted however people, the that impossible, was it But of state rude most subject. isever for the laws, by restrained or education in still continued they thos by distinguished civility, were and society, its derived world western the all whom from Romans, the by invaded even or conquered never were they as and ignorance; b been had time, of beginning the from Irish, The History of England of History

sabella] had first deserted, next invaded, and then dethroned her husband [Edward]; [Edward]; husband her dethroned then and invaded, next deserted, first had sabella] 16.

and his analysis of the different the of analysis his and al.” Is Gibbon? asisin of it law, al.” a nature source g any longer polluted by that bloody and fait byand bloody polluted that glonger any , I.234. ,

14 rd were so horrid and so shocking to humanity, that the natural natural the that humanity, to shocking so and horrid so were rd

Ancient IrelandAncient does fare not well: e vices alone, to which human nature, not tamed by by tamed not nature, human which to alone, vices e 63

uried in the most profound barbarism and and barbarism profound most the in uried 13 Essays Moral, Political, and Literary and Political, Moral, Essays

times and places covered in his history his in covered places and times hless hand which held it. held which hand hless h in medieval England,but inmedieval h fringement of every every of fringement

ed them into into them ed 15

(1742).

CEU eTD Collection term is used in Roman law, he mentions e mentions he law, Roman in used is term the as “privileges,” of sense the in rights of speaks Hume cases of most in that Although is rights. issue hazier A sentiments. moral these of source a as nature above anything natural anthropocentric this his describe with keeping to in ‘reason’ and, or morality; ‘law’ terms the uses never fact in he laws; of not sentiments, of here speaks Hume But thinkers. two the between is there overlap much how can we and make, later would Gibbon as statements law natural them efface to totally religion false of prejudices of sentiments writes he when and Cromwell, of followers the among illusion by overcome been having as morality” natural of dictates plainest “the mentions he when law: com nature. are degree, some to that, sentiments from arising principles moral the in stated as philosophy, original his within well fit formulations these of All hu and “virtue humanity,” and “justice together pairing often history, his throughout times numerous phrase this of form some uses he and Hume, for morality of source basic the are these action, humane to them overpowere inclining sentiments rudimentary few a possess Saxons; the about makes the about says Hume what contradict to seem would This crimes. undeveloped certain by an offended are in society, even which, sentiments basic of but law, of not source, a is Nature 18 17 16

Ibid. Se Ibid. manity,” “humanity and morality,” or “duty or humanity” as limits on vicious behavior. vicious on limits as humanity” or “duty ormorality,” and “humanity manity,” e, e.g., e.g., e, , VI.71, IV.135. , , II.335. Twice Hume comes close to what may seem like a more classical notion of natural of notion classical more a like seem may what to close comes Hume Twice ibid. “most profound barbarism” of the early Irish, as well as similar comments he he comments similar as well as Irish, early the of barbarism” profound “most d by savage habits. Whatever the case, “the natural sentiments of humanity” is is humanity” of sentiments natural “the case, the Whatever habits. savage by d

, V.315, II.261, III.270, IV.103, IV.62. IV.103, III.270, V.315, II.261, , morality

engraved in the human breast, that it is difficult even for the the for even difficult is it that breast, human the in engraved 16

perhaps an explanation is that, although such barbarous peoples barbarous such although that, is explanation an perhaps

qual justice and free enjoyment of property as as property of enjoyment free and justice qual 64

….”

philosophy, he does not cite God or or God cite not does he philosophy,

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CEU eTD Collection 19 principles. onlymorals, in as politics in law: natural in disbelief constitutional real compariso in detestable so picture a presented manners Robertson progress. as appear history Hume’s throughout which enthusiasm, and superstition of those especially religion, of effects the blunting also requires success a be to life modern of sociability and civility the for but commerce, of result a is this Largely against ever of antidote disorders and vice against sovereign remedy effectual most a the also is superstition, is it as which, and humanity, and virtue with connexion ind strictly of sentiment. affair an is philosophy, his in as history his in outlook, distinct any there is Nor society. political into enter people that property protect and justice ensure to order in is it that theory Lockean the implying principle, transcendent any than rather loft more something suggest recal to right unalienable and perpetual a have “ 22 21 20 the great objects for which political society was at first founded by men, which the people people the which men, by founded first at was society political which for objects great the

Discussed in Discussed Hume, Gibbon, Ibid. efinitely. Eventually England acquires “ acquires England Eventually efinitely. origins , , I.301. o bten ii ad aua rgt sc a w fn i Gibbon. in find we as such rights natural and civil between ion

h braim ecie i te asgs e ae en os o continue not does seen have we passages the in described barbarism The History of England of History Decline and Fall and Decline fr ht matter that for , Hume was in fact never fully at ease writing about the Middle Ages (nor was was (nor Ages Middle the about writing ease at fully never fact in was Hume

he felt went felt he As to his criticism of religious influence, religious of criticism his to As Phillipson, Phillipson, principle could be learned from medieval society medieval from learned be could principle Hume , II.547. , , II.333. ,

no further back than the sixteenth century. century. sixteenth the than back further no , 136. , , eas te ubln pltcl odtos n unrefined and conditions political turbulent the because ), y, the notion of rights invoked here seems based on contract on based seems here invoked rights of notion the y,

65 that science and civility, which has so close a close so has which civility, and science that

[sic] “ .” refined 19 n with the society he valued, whose whose valued, he society the with n Gibbon would absorb much of th of much absorb would Gibbon

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peoples can d can peoples 22

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CEU eTD Collection before Christ’s morality objective of strongidea a give passages Certain ideals.cultural and moralhigher to centuriesfollowing, which in way the and down came Christ when existed it as world the surveying progress, human on influence Christianity’s Propaga for sermon, from ofthe theand religious enthusiasticday. revivals movements pl family his know, we what From conviction. of outburst great any by accompanied been have to seem not does ministry the into entry his and philosophy, and literature were University Edinburgh at student a while ecclesiastics,” of discreet most “the called been has who Robertson, and eighteenth earlier, century the a been had of it than middle century the in flexible doctrinally more much was ministry Scottish or religious his about much too guarantee not does however, seventeenth or to thinkers, Christian akin ancient something the in finds one as such law natural of version held have would 1780, to 1762 from Scotland of Church the of leader Hume’s religion understandings havewill chance whichwe of a toreturn to. adapt and attitude 24 71. 1997), Press, University in Robertson,” 23

Stewart J. Brown, “Robertson and the Scottish Enlightenment,” in Enlightenment,” the and Scottish “Robertson Brown, J. Stewart ihls hlisn “rvdne n Pors: n nrdcin o h Hsoia Thoug Historical the to Introduction An Progress: and “Providence Phillipson, Nicholas Perhaps the best approach to his religious beliefs is through his only published published only his through is beliefs religious his to approach best the Perhaps fact in and minister Presbyterian a been having Robertson, that guess might One The Situation of the Worldthe the Time at of The Situation ting Christian Knowledge in 1755 in Knowledge Christian ting William Robertson and the Expansion Empire of Expansion the and Robertson William

entry, writes, Robinson it

founded founded o i on itr, lhuh hr i a distinctio a is there although history, own his to

left little in writing of writing in little left

on divine law, if not also natural law. Describing the world world the Describing law. natural also not if law, divine on - etr Protes century

ayed a large role in the choice, and he distanced himself distanced he and choice, the in role large a ayed Christ’s teachings and example moved mankind, in the in mankind, moved example and teachings Christ’s

Robertson 66

. In it he outlines a providential picture of of picture providential a outlines he it In .

of Christ’s AppearanceChrist’s of at aua lw Ti office This law. natural tant his theological views. His main interests main His views. theological his

, ed. ,

Stewart J. Brown (Cambridge: Cambridge Cambridge Brown(Cambridge: J. Stewart ibid. , 8 - 9, 15. 9, hooia oiin. The opinions. theological 24

, given tothe Society ,

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CEU eTD Collection histo [Robertson’s] his of “All writes, Phillipson as Thenceforth, property. of distribution the and subsistence of means the by distinguished are that stages into divided is humankind of experience the where history’, ‘stadial of form the in progress 1740’s the in Smith Adam to exposure his From historiography. Scottish contemporary much as terms secular same the in cast hu of relationship the in interest his although but way, overt an such in theology his presented yardstick by which tomeasure history. marriage, of nature the and slavery as questions such on sermon the of restthroughthe shown is as andChristianity,fully more and in in Judaism theydid violating of guilty be then would humans whether is question theological by principles moral understand peripheral interesting to (an them enlighten to revelation expected for wait must they if be or themselves, can humans whether clear not is It as Cicerohave and lessobvious: is thought, Paul would wit reason human to accessible is law a such Whether prescriptions. God’s upon based morality, of standards atemporal absolute, are there that this from clear is It 26 Considered Religion, His of Success the 25

Ibid. William Robertson, Robertson, William man progress to God’s revelation may have have may revelation God’s to progress man , , 17. t ol pras e ipe o rc Rbrsns oa ves f l hs writings his all if views moral Robertson’s trace to simple be perhaps would It persuasive most the by them of with morals practice of the principles enforces the arg explains and institutions, perspicuity, and admirable laws human on independent of be to ver experience, by found, were devices human all and ages; several during tried been had world, corrupt a in virtue of encouragement the for do could men of wisdom the What the instructions, the of destitute path. the right from deviates frequently virtue were who Une people revelation. divine of assistance and those promises, among virtue, undefiled and pure find to expect cannot We morals. to regard with world, the of state the consider us Let

not

uments. y small avail: So that no juncture could be more proper for publishing a religion, which, which, religion, a publishing for proper more be could juncture no that So avail: small y understand). What is What understand). 26

The The Situation of the World at the Time of Christ’s Appearance, and Its Connexion with Connexion Its and Appearance, Christ’s of Time the at World the of Situation (a ccessed May 26, 2012 May26, ccessed

, t apparent hird ed hird

- 50’s he learned a materialistic approach to hu to approach materialistic a learned he 50’s .

(Edinburgh: Hamilton & Balfour, 1759), 14, Google Books, Google 14, 1759), Balfour, & Hamilton (Edinburgh:

) is that there is a divine moral law, revealed both revealed law, moral divine a thereis that is . 67 25

otne,hs later his continued, nlightened reason often errs: Undirected Undirected errs: often reason nlightened

Robertson has no trouble using it as a a as it using trouble no has Robertson

rical thinking was geared was thinking rical rtns r generally are writings

moral rules that rules moral hout revelation, hout man CEU eTD Collection hae hc ocr svrl ie i hs rtn, seily n i dsuso o the of discussion his in especially writing, his in times several occurs which phrase ideaspossible ofnatural law Americans native the on of societies speculations the and lens, moral a as well as stadial a through history European the India of Had Ancients the Which Knowledge his America these issues themoral apparatus history. ofhis is it religion, his in much writing Hume, of disciple slavish no was Robertson that note might we Although works. major question a is Christianity any undermine his abidingin beliefwith so) do to say,designedmightwas fact,one to in religious(and belief appear would that outlook an reconcile to able was Robertson How belief: 1755 in skepticism for excommunication from defended had he whom his of friend a Hume, of influence the under civilization.” on commerceof effects transformational the ofrecognition a to 28 27

Ibid. 71. Progress,” and “Providence Phillipson, The History of Scotland of History The History of Charles V Charles of History , , 65.

Perhaps the strongest concept we find in Robertson is that of ‘natural rights’, a a rights’, ‘natural of that is Robertson in find we concept strongest the Perhaps works, two examine will We including knowledge, all that suggested which society. of thoug Christian Devout circumstances material argument the and culture of in roots its line had Deity, the of a knowledge was It language. edu and habit, custom, in roots which causation their had and it to responses our plan substance, to and world the about space, ideas general formulate to us time, allow of conceptions those that argued had Hume , as these display Robertson’s mature thoug mature Robertson’s display these as ,

enough here to wrestle with the smaller question of how Robertson drew from from drew Robertson how of question smaller the with wrestle to here enough The History of America of History The - 56, he imbibed an anthropolo an imbibed he 56,

, “ ,

which goes to the core of his historiography as developed in three in developed ashistoriography his of core the to goes which h he was, Robertson agreed withanalysis…. Hume’s agreed Robertson was, he h A

. (1759) and and (1759)

View of the of View

in the in cation, and were, in fact, a part of the history of human human of history the of part a fact, in were, and cation,

History of the Reign of Charles V Charles of Reign the of History History of America of History the Progress of Society in Europe in Society of Progress

late 68

(1777) to confute Hume’s ideas on primitive on ideas Hume’s confute to (1777)

(1791)). Between the introductory essay to essay introductory the Between (1791)).

An Historical Disquisition Concerning the the Concerning Disquisition Historical An ht most extensively (this leaves aside aside leaves (this extensively most ht gical approach to human culture and and culture human to approach gical , we should have a rich mine for for mine rich a have should we , 28

and ,” which examines which ,” 27 The History of History The

Meanwhile, the CEU eTD Collection 29 pauses toobserve: trib of hostility the Describing keys. contain may passages of not unfortunately is There feeling? on based or reason rightdoctrine of examples.minor more other and marriage, children, one’s to guardian a appointing of right the property, rights, life, those social in which, of deprived were cities] feudal [of inhabitants “the that writes where Europe,” Robertson in Society of Progress the of View “A in passage a is case different A rights.” and liberty just his of deprived is Indian any if magistrates, civil the admonish and inform “to ecclesiastics empowers that V Charles of law a of speaks he when as voice, person’s another in speaking natural to not refers Robertson are when are Often there rights mentioned. common other what but trial, at innocence presumed include evidence.” imperfect and slight upon might Cortes that little men, of so rights them common the thought to entitled and natives, the for contempt such had America in served who pleases. one as doing to essentially the following, description his from but are, rights these what precisely articulate not does He undiminished.” and entire rights natural his all retained he if as acts individual each that incomplete, so is union “their that writes Robertson nations,” “savof members betweenthe bonds social loose the on Commenting American natives. 32 31 30 II.214 1792),

Robertson, Robertson, Ibid. Ibid Robertson, William . , III.402 n. XLIII. , III.402 n. LXXXI. , II.485 Do we find in these passages the traces of a natural right doctrine? If so, wh so, If doctrine? right natural a of traces the passages these in find we Do - History of Charles V Charles of History 15, Google Books, Books, Google 15, 32 –

The History of America America of History The are the rights embedded in nature or derived from society? discovered by by discovered society? from derived or nature embeddedin rights arethe

are deemed most natural and inalienable,” and goes on to enumerate to on goes and inalienable,” and natural most deemed are 31

Is “just Is , I.24 ,

- 25.

liberty and rights” Robertson’s wordi Robertson’s rights” and liberty 29

30 In another passage, Robertson relates, “the Spaniards “the relates, Robertson passage, another In (1777), (1777),

Here it is apparent that the common rights of men of rights common the that apparent is it Here 69 s ixthed

( accessed May 26, 2012 May26, accessed .

(London: A. Strahan, T. Cadell, and J. Balfour, J. and Cadell, T. A.Strahan, (London:

much further evidence further much ihs i i ucer hte h is he whether unclear is it rights, od h hlln o e guilty be to Cholulans the hold y would seem to amount amount to seem would y s n eio Robertson Mexico, in es ) .

ng, or Charles V’s? Charles or ng, , but a couple a but , at sort at age CEU eTD Collection 34 33 ever mention l rights of understanding the in reason about word a not says sen universal the in ‘rights’ used have not would likely he although applauded,have surely would Humeidea an sentiment, of product a is rights one’s of understanding one’s clear, make passages both As freedom. of “rights” hun the gives that independence” of “sentiment a is it Here vein, same the in Elsewhere Robertson writes, humanity.” of “sentiments the of product a subjective, contingent and local not universal, and fabricated not “discovered,” indeed are Rights rights. of understanding an to lead sentiments humane how of notion psychological a also and time, the of thinkers b shared been have would that society of role civilizing the of explanation an both here see We savage. the from distinguished is citizen the rights, these understands he Once understood. are species” the of “rights the sentiments, these with develop, humanity” of “sentiments occurs, manners their in change a then laws, under society in together brought are people first here: given is sequence important An law. natural to here refers Robertson that likely not is III.265. it just, is consulted thus law the that indicate not does passage this of tone the but since breast,” own his in deposited whatis but law no “consults sovereign 35

Ibid. Robertson, One possible exception to the latter statement is Robertson’s observation that in despotic government despotic in that observation Robertson’s is statement latter the to exception possible One , , II.132.

independence is imprinted so deeply in their nature, that no change of condition can can condition of change no that nature, their in mindsservitude. theirto bend and it, eradicate deeply so imprinted is independence t firmness with assert and such, be to themselves feel all freemen, are society] of stage hunting the in [people All strangers…. tem sensibility acquired which has latter the spares, nor pities neither former the The destroy, to conquer. fights to citizen savage The another. to one owe they what remember men hostility, unders be to come species the equal of influence the under live of rights the and arise, humanity of sentiments soften, manners their policy, and regular lawsand union, social in combine mankind as proportion In History of America of History

awsense other inany thanpositive pers his rage. To this sensibility the Mexicans seem to have been perfect perfect been have to seem Mexicans the sensibility this To rage. his pers 33

, III.184 , e ihs hc bln t ta cniin Ti sniet of sentiment This condition. that to belong which rights he

tood. The fierceness of war abates, and even while engaged in in engaged while even and warabates, of fierceness The tood. - 85.

–

se that Robertson uses it. Meanwhile, Robertson Meanwhile, it. uses Robertson that se but the pro the but 70 34

laws and nature. physical laws of cess by which they are discovered is discovered are they which by cess – ting peoples their sense of the of sense their peoples ting

in either history either in Hm ad ay other many and Hume y –

they are common common are they –

nor does he does nor and finally and 35

s, the the s, Ibid. , CEU eTD Collection 36 who believers, His of sentiments humane the awaken to serve religion by revealed God of practice. the introduce to circumstance other any than more contributed and world, the of manners and maxims M sentiments. a in such revolution about bring to was service great own Christianity’s that deduce can we whence Christianity,” of publication the since happened has that beneficial, most the as well as revo the “a produced it of that was Reformation service chief the Thus, advances. key for responsible also is teaching Christian humane. more become sentiments that commerce and society as such causes secular to progress sentiments. in blood.” ties of fromandaffection the theobligationsarising ofsocial “the sentiments is providedby Hispaniola. in natives of treatment violent the witness who ecclesiastics among protest rouse which humanity” pr which change. must sentiments people’s that is necessary is what abolished, be to combat by trial as such customs longstanding absurd for order in h of notion the by Hume in as accompanied writing, Robertson’s in abounds sentiment of language The discourse. to as well as sentiment, psychologyof 40 39 38 37

Ibid. Ibid. Robertson, Robertson, Robertson, iddle , , I.220 , 68 38 Thereanwith Hume, important difference is conclu tentatively can We A -

vn Amgo rm hdig h bod f i opnns ad sniet of “sentiments and opponents, his of blood the shedding from Almagro event 69. ges, for which “the humane spirit of the Christian religion struggled long with the with long struggled religion Christian the of spirit humane “the which for ges, Moral ideas have their foundation in sentiment, and all moral progress requires a requires progress moral all and sentiment, in foundation their have ideas Moral - History of Charles V Charles of History America of History V Charles of History 21.

37 ”

40 Robertson also writes that the basic morality of uncivilized peoples uncivilized of morality basic the that writes also Robertson umanity. Writing about medieval Europe, Robertson observes that observes Robertson Europe, medieval about Writing umanity.

39 We detect here a model of human progress wherein the teachingsthe wherein progress human of model a here detect We

, III.69 , , I.34. , I.44. , An

te eape ocrs h mnmsin f lvs n the in slaves of manumission the concerns example other -

70, I.305. 70, e ht oeto oe a infcn db t Hume’s to debt significant a owed Robertson that de his

lution in the sentiments of mankind, the greatest, the mankind, of sentiments the in lution work in abolishing reason from the field of moral moral of field the from reason abolishing in work 71

however, in that it is not entirely owing entirely isnot however, inthatit owing Similarly, it is “feelings of humanity” of “feelings is it Similarly, CEU eTD Collection Progress: An Enlightened Sermon by by Sermon Enlightened An Progress: of natural are as such by accomplished been 41 sentiment a to understanding moral human the of reduction complete the clergy. fr sharply differ both celibate where and Hume, with line in clearly falls Robertson to reference in “unnatural” as terms such and of conscience,” “dictates or humanity” of “dictates in as ‘dictate’ of use the humanity,” and “justice pair the include also which but humanity,” of “sentiments is which among chief the relationship, “family” a called be might what identify clearly phrases and terms common th Hume’s is which of example outstanding an three, all through running ideas certain God’sguide providence ashistory. the of messy hybridization curious a twist, Christian all secularcauses. civil the prudenceauthorityof andthe with togetherscience, progressof bythe acquired humanity and light the government, free of influence the persecution, mutual from could supernatural to analyzed. had Hume that type the of progress events, than rather natural to owing is progress human most sermon, But 1755 his action. into them put and its teachings by Christianity those of truth the recognize slowly then V Charles 43 42 Context

Robertson, Robertson, rl o sniet i mrl eair tog not (though behavior moral in sentiments of role e For these phrases in Robertson see, e.g., e.g., see, Robertson in phrases these For oeto vr ht Te lihyslo fet,b spraua mas n tig hc ol hav could which thing any means, supernatural by effects, seldom Almighty “The that avers Robertson Robertson’s be recognized in Europe, there had to be “long experience of the calamities flowing calamities the of experience “long be to had there Europe, in recognized be , –

o mgt e opr te itras e ae netgtd Cery hr are there Clearly investigated? have we historians the compare we might How ed. Miller ed. Tyrus

, II.136 and III.120 for and “dictates;” and III.120 II.136 , of Scottish stadial thought of a Humean or Smithian va Smithian or Humean a thoughtof stadial Scottish History of Charles V Charles of History

interplay of natural and supernatural causes, see László Kontler, “Time and Progress and “Time Kontler, László see causes, supernatural and natural of interplay 42 elf does not accomplish everything: as Robertson made clear as early as early as clear made Robertson as everything: accomplish not does elf

One might say that Robertson offers “the Enlightened narrative” with anarrative” offersEnlightened “the with might Robertson say that One

(Budapest: Central European University Press, 2008). Press, University Central European (Budapest:

, III.273. ,

William Robertson,” in in Robertson,” William . ”

History of America of History

Robertson, Robertson, Conclusion History of Charles V Charles of History

–

rm n age lvr fo aohr perhaps another from clever, angle one from 72 Situation of the World the of Situation

, II.310 II.310 , 41

Given World and Time: Temporalities in in Temporalities Time: and World Given fully Thus, before the rights of toleration of rights the before Thus, , II.91 for “unnatural.” for II.91 , for “justice and humanity;” humanity;” and “justice for dpe b Gbo) Certain Gibbon). by adopted riety with Christian belief in riety withChristian , 12 ,

. For a nuanced discussion discussion nuanced a For . om Gibbon, is in is Gibbon, om - based endeavor endeavor based

magistrate,” 43

History of of History – idea Where Time as as Time ing of ing

of e CEU eTD Collection written intheheart by God. cons they that and reason, human by discoverable were standards moral such that believed however, alone, Gibbon history. philosophical in projects respective their of part central a formed nature human in belief This standards. extent some to was at judged that be could nature which and human universal, a in believed three all that clear nonetheless that such thought couldtake. direction unusual the shows only perhaps Christian devout a remaining while reasoning drive world. to attempt intellectual larger the his from of part Christianity was respect this in and in, entering from theologica element any prevent to imperative was discourse moral from reason of removal the it but ‘logic’, for synonym devalue not does Robertson principles. His to access allows that and God with share beings human that feature the life, human in element divine the is reason that thinkers, Christian many could skepticism Such of a larger skepticism concerningabilityGod: thehuman tounderstand mind’s advance. first must society human for and develop, sentiments until develop not do standards moral revelation). divine by aided is this Robertson in (although Malebranche. suchas philosophers Christian 45 44

Quoted For a discussion of both points, see Phillipson, Phillipson, see points, both of discussion a For htvr ue Rbrsn ad ibn ah huh aot hitaiy i is it Christianity, about thought each Gibbon and Robertson, Hume, Whatever lamentable a find we nations, enlightened most the error. and mixtureofignorance in philosophers eminent a most form the to mind human of them, concerning theories the the all in that being, supreme of the of operations and perfections powers limited the are unable So

human reason completelyhuman in Phillipson, “Providence and Progress,” 71. Progress,” and “Providence inPhillipson,

hardly be more different than the Stoic view, found in Cicero and Cicero in found view, Stoic the than different more be hardly

never provides understanding of moral principles. For Hume, For principles. moral of understanding provides never

44 –

Robertson

the term often appears in his writing, usually as a appears termwriting,rough usually inhis as often the

Hume ifrn pit i h in points different 45 73

’s

, 35 ,

ht oeto lkws dvle moral devalued likewise Robertson That rejection of rejection - 46.

tituted a law of nature that had been been had that nature of law a tituted Hu me had specifically in mind the writings of of writings the mind in specifically had me

the role of of role the For the two of them, humane humane them, of two the For soy y unchanging by istory aeut ie o the of idea adequate n

etmns o develop, to sentiments reason might be part part be might reason

moral moral s l

CEU eTD Collection consider of understanding our affect histor might Gibbon’s views these how was second The Christianity. of re his of view our alter might views these how was first The views. law natural Gibbon’s of milieu. such was his unique within Europe with did it than thinkers Christian and classical with common in more had respect this in outlook His Paul. apostle the from taken metaphor a God, by heart human the on written also is it that but it, have would Cicero as law moral the Gibbon, for that saw We does. Gibbon that nature the with but factors same the of these Neither teaching. God’s of by addition occasional case Robertson’s in life, material of conditions intera social by developed case Hume’s in are sentiments which sentiment, of matter a is belief moral all where morality of conceptions had whom of both Robertson, and Hume from different is he respects these In law. such to obedience feelin our and motivating sentiments of role the appreciating time same the at while understood, basic g that law some make can we historians, British conclusions. fellow his of outlooks moral the with Gibbon’s considering expect would one than type religious more a of and traditional more ligious position, given his famous status as a deconverted skeptic and a vigorous opponent deconvertedvigorous aa as and skeptic status famous givenhis position, ligious Throughout this essay we have considered two questions regarding the significance the regarding questions two considered have we essay this Throughout compared andthem Gibbon’s law natural views anHaving of understanding come to Our discoveries concerning Gibbon’s natural law views suggest that they were of a a of were they that suggest views law natural Gibbon’s concerning discoveries Our

these two questions in turn. in these twoquestions i ve

s It is clear that Gibbon wrote the wrote Gibbon that clear Itis

a profound place to the idea of reason as the instrument by which such law is law such which by instrument the as reason of idea the to place profound a y , given the proto the given , -

historicist position that has been claimed for claimed been has that position historicist

Conclusion 74 Decline and Fall and Decline an thinkers of the eighteenth century, and as and century, eighteenth the of thinkers an

latter

allow

with a conception of natural of conception a with not only exists in nature, in exists only not s

the role to reason or to or reason to role the to ad the and ction i t . . Let us Let gs as as gs CEU eTD Collection imp own his represent may Poitiers of Hilary from passage a of quote approving and lengthy His whole. a as religion institutional of mechanisms psychological the and zeal, partisan existe they as Ch religious following conflict t liberties civil universi his both jeopardizing of step bold the taken sixteen age at had f been had who man young a attracted have might inquiry of line a Such dispute. sectarian above was that religion” “rational a finding readings early lists (Gibbon practiced had Cicero kind the of speculation theosophical from far not likely are they but entail, principles these what explain not does religion.” natural of principles important and sublime the contained have to appears sy theological “The observes, he respected, greatly he whom figure a Julian, Emperor the of Writing religion.” “natural for respect strong his is challenged been never in its is with reason, of dignity the and kind, law on emphasis Ciceronian the of law Natural intent. gods’ the without is it what be not i exist laws certain Cicero’s into looking Legibus but Ciceronian, main the in are views law natural Gibbon’s was course, of Cicero, reputation. 2 1

Gibbon, Gibbon, Gibbon, sistent on removing reason from moral thought. One aspect of Gibbon’s thought that has that thought Gibbon’s of aspect One thought. moral from reason removing on sistent ristian belief. No doubt he became he doubt No belief. ristian atient feelings: It is not clear, however, that Gibbon wished to sanitize his religious ideas entirely of entirely ideas religious his sanitize to wished Gibbon that however, clear, not is It , one finds that divinity that finds one , My Journal My Fall and Decline

2 d in his time, and was intensely skeptical of the elaborate doctrines, the the doctrines, elaborate the of skeptical intensely was and time, his in d ), or from the “natural theology” of eighteenth of theology” “natural the from or ), y ovrig o n ulwd at, u woe ishn eprec of experience firsthand whose but faith, outlawed an to converting by

I n nature is due to the fact that the gods placed them there; nature would would nature there; them placed gods the that fact the to due is nature n in Gibbon’s Journal Gibbon’s , I.840. ,

his step had sickened him ofthe him hisday. hadrivalhis step creeds sickened of

–

“the gods” “the not what most people would call a religious thinker, and thinker, religious a call would people most what not , 22

uninterested in the Protestant or Catholic alternativesCatholic or Protestant the in uninterested .

ond of religious questions since childhood and childhood since questions religious of ond 75 – inherently

is an essential part of his conception. That conception. his of part essential an is

religious; no wonder Hume was so was Hume wonder no religious;

De Natura Deorum Natura De - century writers interested in interested writers century ty education and his and education ty stem of Julian of stem

among his among

He De CEU eTD Collection 3 origins the on chapters sixteenth and fifteenth famous his of beginning the at Christianity Fall and Decline source. original the from removed degrees many so report Greek. original the in lessons the followed in years last his in t is descendants physician’s that of one by recorded and physician Gibbon’s by told anecdote An life. adult his throughout habit this continued he whether examine cannot the call tomoralthelisteners. virtue of is passages these in concern main his already, seen have we As minister. the of goals the expatiati occasionally and dissatisfaction or satisfaction expressing sermon, the compliments often Gibbon attendant, obligated mere No Paul. from reading the mentions only he times few a although day, that were readings recount He family. his Sunda on church attending describes he where Hume, and Cicero read already had 1761 in written journals, his from apparent is letters Paul’s was he that alone suggest reason of limits the within religion than may more something in interested terms Pauline in ideas moral his of rendering Gibbon’s But 2 Gibbon,” Edward of Infidelity’ ‘Supposed “The his See truth. of color some suggest 5 4

5 See above, p. p. above, See Gibbon, Paul Turnbull collects several anecdotes of this questionable kind, though taken together they seem to to seem they together taken though kind, questionable this of anecdotes several collects Turnbull Paul , no. no. , 1 1982) 1 (March notntl, ibns oras o o etn mc byn ti time, this beyond much extend not do journals Gibbon’s Unfortunately, ruin other’s ofeach cause havethe been others; in of others that of in own doctrine our the or either ourselves, condemn We defended. we whom those anathematize we repent, who those defend we done, have we what of repent We mysteries. invisible describe year, Every times. by unhappy these for away dispute of explained and of received, sources and subject a is Son the of and Father rejected, the of resemblance manytotal or partial The is synods. successive Homoousion as The and arbitrarily. inclinations, creeds as make we as them because us; doctrines among faults many are there as as blasphemy men, among opinions as Hilary, says thing,” a is “It Decline and Fall and Decline 54.

For other examples of these e ofthese examples For other

: tef Raes yial sie t the at smile typically Readers itself.

Lausanne, frequently attended St. Francis’ Chur Francis’ St. attended frequently Lausanne, 37. , I.755. ,

s following the lessons in his Gre his in lessons the following s

“equally deplorable and dangerous, that there are as many creeds creeds many as are there that dangerous, and deplorable “equally 4

.” ntries see Sunday entries throughout 1762. throughout entries ntriesSunday see ng his views in a way that suggests sympathy with sympathy suggests that way a in views his ng and, reciprocally tearing one another to pieces, we pieces, to another one tearing reciprocally and, 3

76 Of course, we cannot allow cannot we course, Of

nay, every moon, we make new creeds to creeds new make we moon, every nay, ek Bible, and often notes what the what notes often and Bible, ek 5 -

63 in his mid his in 63 rie ht ibn ie to gives Gibbon that praise A better source might be the be might source better A

arbitrarily, and explain explain and arbitrarily, ch near his house and and house his near ch The Historical Journal Historical The

much weight to a a to weight much - twenties after he after twenties . His interest in interest His .

hat Gibbon, hat ys with ys o we so

CEU eTD Collection Christianity,”frequent and the than Memoirs superstition, of wary so Gibbon, like not impugn of themoralearly its virtue practitioners. Christian praise Gospel.” the of faith the embraced ages first the during those of number greater the of lives austere as well as innocent the and its precepts, moral of sanctity the religion, Christian the of purity “the of description Gibbon’s genuine and Jupiter of the “disdained altars the on reason his of he offering voluntary a made he whilst Gospel, wherebythe of yoke salutary “contradiction” the at wonders historian the delight, with Empero heroic the with resignation,” and “meekness by “distinguished” were authorities, church later unlike Gospel.” the of maxims simple and “pure the and ecclesiastics vol six the throughout history, his in clergy of corruption and abuse the attacks frequently Gibbon Although praise. for selects Gibbon what to method consistent a reveals passages these of some of examination suspicion deflect and readers censorial satisfy which praise faith, the of growth and 9 8 7 6

Ibid. Ibid. Ibid. Gibbon,

, , I.484. , I.838. , I.876. the rest of the folios, contains an outpouring of thoughts on the “evidence of of “evidence the on thoughts of outpouring an contains folios, the of rest the viewed the important subject important the viewed By Christianity. the Religionis in veritate acquiesced humbly had I C Protestant Popery from escape my Since mirac in Belief Decline and Fall and Decline

records his struggles with this issue. A folio inserted into draft D, of a smaller ofa size inserted D, intodraft folio A issue. with this records struggles his

Apollo.”

moral teaching moral hurches ; but in the latter end of the year 1759 the famous treatise of Grotius of treatise famous the 1759 year the of end latter the in ; but hurches

every possible light that reason and history can afford, I have rep have I afford, can history and reason that light possible every , I.794. , le was, perhaps more than anything, the major obstacle for someone for obstacle major the anything, than more perhaps was, le

hitaa) is eggd me engaged first Christianae) Jla, hs vlat tak o cuc pwr ibn narrates Gibbon power church on attacks valiant whose Julian, r

In light of such comments as these, we should probably accept as accept probably should we these, as comments such of light In

struggle

; nor was it my fault if I said with Montesquieu, " Je lis pour pour lis Je " Montesquieu, with said I if fault my it was nor ; ms e s aeu t dsigih ewe te bss of abuses the between distinguish to careful is he umes in his writings, and while he doubts the miracles, he does he miracles, the doubts he while and writings, his in s that this question had elicited him: from s thatthis t its at to

religious faith, and a fascinating page in his his in page fascinating a and faith, religious

77 togs moments strongest

of his more controversial views, but a close a but views, controversial more his of

n rglr ra o te vdne of evidence the of tryal regular a in

ibn ee de ohr than other does never Gibbon

common creed of the the of creed common seems 6

h oiia disciples, original The

clearly designed to designed clearly eatedly eatedly

(d e

who who and CEU eTD Collection 11 Letters Craddock, Patricia See one? “regular” a trial the was why victorious, do I victor.” the not was “Christianity 10 th the and “secularization of reason.” of teleology” ascendancy linear “triumphalist a given is Enlightenment Europeannarrative a secular of completely.” so vehementlyand “so phrase the reflectedin is Gibbon reading a of careful how wondersOne c s and vehemently so religion revealed rejected Gibbon “t that writes Enlightenment the on work seminal his in who Gay, Peter as such scholars in find we that “pagan” as Gibbon Gibbon’s powersingular in oeuvreacknowledgment a beyond understanding? of human theasentencedoes offer Or categorysuperstition? the under falltoof expect would Hume) reader any certainly (and Gibbon of readers many which concept a grace, on rely must it that faith of concept the undermine it Does ambivalent: is here grace on comment Gibbon’s of the passage intriguing contains an onthero note conclusion The concern. this of evidence any find we do writings his in else nowhere that th to thought much so devoted apparently Gibbon That 1. 2008), Press, University Princeton Oxford: and (Princeton 13 Quoted 326. 1966), 12 ontribution to their ideas was modest and subterranean; they were usually unaware of it.”ofunaware usually were they subterranean; and modest was ideas their to ontribution

I e use of reason of use e Gibbon, Gibbon, ee Gay, Peter David Sorkin, Sorkin, David bid.

(Baltimore and London: Johns Hopkins University Press, 1982), 139. 1982), Press, University Hopkins Johns London: and (Baltimore Whatever the case, we can at this point disagree with the facile characteriza facile the with disagree point this at can we case, the Whatever ofGrace. by inspiration fortified the and virt the as well as faith the that and testimony, human of report, distant the basis, brittle the on supported be cannot mysteries and miracles of belief the that agree perhaps will Divines orthodox most the and philosophers accurate most The am I since contraire," tout effet un moi en freedo ofthe spirit and oftruth myselfthe love that to conscious souvent produit lecture cette mais m'edifier Memoirs h Elgtnet A Itrrtto. h Rs o Mdr Paganism Modern of Rise The Interpretation. An Enlightenment: The h Rlgos nihemn: rtsat, es ad C and Jews, Protestants, Enlightenment: Religious The

fl 68v. fol. , in Turnbull, “The ‘Supposed Infidelity’ of Edward Gibbon,” 23. Gibbon,” ofEdward Infidelity’ ‘Supposed “The in Turnbull, did not did uh iw tn t fl it wa Dvd So David what into fall to tend views Such 13

imply

Gibbon might have believed st believed have might Gibbon Patricia Craddock writes of this “regular tryal” that Gibbon “implies” that that “implies” Gibbon that tryal” “regular this of writes Craddock Patricia

secularization. The same can be said of the attempt to place to attempt the of said be can same The secularization. culture that commenced with the Enlightenment,” where the the Enlightenment,” where withthe culture commenced that

e rnh hlspe ad rts ifdl lk Hm or Hume like infidels British and philosophes French he not find this implication in the passage. If one or the other side was side other the or one If passage. the in implication this find not 11

le of grace: e ue of a Christian must be formed formed be must Christian a of ue

question is remarkable considering considering remarkable is question rongly in reason, but but reason, in rongly o completely that that completely o Young Edward Gibbon: Gentleman of of Gentleman Gibbon: Edward Young m directed mysearch. m directed

rkin has called “the master master “the called has rkin

tois rm odn o Vienna to London from atholics

(Ne w York: Knopf, Knopf, York: w h Christian the 10 in h in

is case, is tion of tion

of of 12

CEU eTD Collection existed in the world or were introduced by revelation. He concludes that the truth is somewhere in the middle the in somewhere is truth the that concludes He revelation. by introduced were or world the in existed already Christianity by taught ofduties” “system whetherthe considers he where drafts, later from deleted was Gibbon’s of draft 1758 15 the ix, xiii. 2010), Press, CambridgeUniversity shared Gibbon that assumption his the See from Hume. written of “unbelief” is Christianity early on assu chapters Gibbon’s “this on that volume out pointing belief,” Christian destroying 14 wil it anyignores one historythat law, innatural believes if stodgy contrived; and seem will scheme law natural a with history any law, natural as such nature human of truths is what of as history satisfying for makes what of matter a much so not is question the that observe innovations.” societies t different to judge who according and nature, human of continuities basic in believe who historians that criticism the considered we chapter, first the In them. of one certainly was from excellences, human the encompassesall usesit ‘virtue’asand Gibbon although Republic, the those who lived under than virtuous less were century fifth the of Romans the history: his in decline of notion he that notion rejected a“Christianity” whole,as complex. more thetruthrather is the to but belief, Christian of definitions many satisfy not would views his. uniquely R Roman of religion. on com and society on based manners refined “Enlighten simplified a into Gibbon 16 Littérature in Craddock, London.Quoted la de l’Étude sur Essai Christ’ emphasizes and

See ab See Gibbon appears to have had some idea of this synthesis at an early age. Craddock describes a passage in the the in passage a describes Craddock age. early an at synthesis ofthis someidea had haveto appears Gibbon ook t hs rdt ciiie te supin ht ibn ws rtn hsoy ih h itnin of intention the with history writing “was Gibbon that assumption the criticizes credit, his to Pocock, ove, p. ove, As to the second question, we have we question, second the to As n prpit ve o hmn xsec. f n de nt eiv i continuous in believe not does one If existence. human of view appropriate an 14 epublican virtue, and something of Christianity, in a complex synthesis that is that synthesis complex a in Christianity, of something and virtue, epublican

15 16 14. Gibbon’s moral outlook contains something of the Enl the of something contains outlook moral Gibbon’s

i bsc cee dpie hi hsois f rdcl eouin or revolutions “radical of histories their deprive scheme, basic his i history His Wi s role as “the legislator of the Christians.” Original draft in Edward Gibbon, Draft of of Draft Gibbon, Edward in draft Original Christians.” the of legislator “the as role s Essai sur l’Étude de la Littérature la de l’Étude sur Essai hu gtig o etnld with entangled too getting thout

Barbarism and Religion. Volume 5: Religion: The First Triumph First The Religion: 5: Volume Religion. and Barbarism Young Edward Gibbon Edward Young s o ob srnl aes t isiuinl eiin ad his and religion, institutional to averse strongly doubt no is

martial valor to the civic energy of public life, moral virtue moral life, public of energy civic the to valor martial , fols. 154r., 155r., Add. MS 34880, Gibbon Papers, British Library, Library, British Papers, Gibbon 34880, MS Add. 155r., 154r., fols. ,

narrative” merce replaces older ideas of moral virtue based based virtue moral of ideas older replaces merce

seen how Gibbon’s moral views influenced the the influenced views moral Gibbon’s how seen 79 , 130. ,

entire his Still, today.” current remains mption (1761), in a chapter devoted to “La Reli “La to devoted chapter a in (1761),

a la a

hs ruet i my e nuh to enough be may it argument, this David Hume, David

ightenment, somethingightenment,

where the forming of of forming the where

l appear to (Cambridge: gion” that that gion”

CEU eTD Collection a stickinthe m remains he realms, political and moral the regards as especially reason,” and “truth of issue the on but societies, different of aesthetics the in latitude some be might there that accept to fairne its for praised been has which work his of section a Islam, of development the of overview Gibbon’s amid comes passage This of thequestion: twentieth of arguments th and history, grapplereadwith Gibbon must that authorssame the drawinspirationfrom who those much in place be could own) question a their Such societies? (and human other own to inapplicable his by conditioned be might ideas and these standards,changewasrev the a contained notions these that believe not did one if drama its half lose would century fifth the and Republic Roman the between n liberal and “just of collapse vast the part, Gibbon’s history. for than rather philosophy for decision a ultimately is issue the before, said perhaps essential, an miss ofIs picture overlypositive his for himmainly faults and hisinstinct for critical Gibbon 19 18 17

Gibbon, Gibbon, p. above, See i Bernard Lewis, “Gibbon on Muhammad,” Muhammad,” on “Gibbon Lewis, Bernard qeto tdy Atog Gbo cno b spoe t hv atcptd the anticipated have to supposed be cannot Gibbon Although today. question s religious freedom. Their moral and political writings might have gradually unlocked the the unlocked gradually have might despotism fettersofEastern writings political and moral Their freedom. religious civil of rights, the asserted and blessings, the enjoyed Rome and Athens of philosophers of delineation just the poetry. beauty, dramatic intellectual and visible of pas and character forms the graceful art, the style, of of dignity proportions temperate the learn; to much have Orientals the that believe ignorant am I language whose of nations, of of judgment and standard literature the a condemn to minds forward not our am I in and taste; fixed exclusive have may schools Latin and Greek the in education Our authors classical on bestows he value the extent what to consider ever Gibbon Did Decline and Fall and Decline

11. ud.

sion, the rhetoric of narrative and argument, the regular fabric o fabric regular the argument, and narrative of rhetoric the sion, The influence of truth and reason is of a less ambiguous complexion. The The complexion. ambiguous less a of is reason and truth of influence The - , II.353. , century cultural relativism, it does at does it relativism, cultural century

the

essential element in the events that it describes. As has been been has As describes. it that events the in element essential …. 18 . Yet I know that the classics have much to teach, and I I and teach, to much have classics the that know I Yet .

olution, and a radical and one. olution, an essential an Daedalus ss and scholarly sensitivity. scholarly and ss 80

0, o 3 Sme 17) 97 1976): (Summer 3 no. 105,

truth otions of the dignity of human nature” human of dignity the of otions about

least appear that he was aware aware was he that appear least human reality. Measured by Measured reality. human

neetn, ie how given interesting, 19

lamic history. lamic He seems willing seems He - f epic and and epic f 98. Lewis praises praises Lewis 98.

and and

For CEU eTD Collection usin f itrcs, ol fn smtig o prcae mn Gbo’ principles. Gibbon’s among appreciate to something find would historicism, of question societies thatwe inhabit. ourselves others, than achievement and creativity human to congenial more were places and times certain why us remind to serve they best, their at author; the of prejudices the honestly display they worst their at Rome…), Republican from asks? one soterrible, clerical life the (Whywas the above quote comical However centuries. the makes are wooden, and clumsy works their leave thus and standards rigid same the judge they that Gibbon, like writers in condemn historicists which cu M European the of office religious and political important most the on attack pungent This of selecting a Pope: mode the case this in establishment, ecclesiastical the of abuses the one: familiar a is topic The volumes. earlier the in was it ever as form a fine as in temper judgmental his shows W when pronounced more and sharper were anything if and however, societies 20 Not

Gibbon, Gibbon, iddle lture at the expense of others. More importantly, it demonstrates that the very qualities qualities very the that demonstrates it importantly, More others. of expense the at lture estern Europe. A specimen of these criticisms, taken from the final chapter of h of chapter final the from taken criticisms, these of specimen A Europe. estern

a few would agree that “there is nothing perhaps more adverse to nature and reason and nature to adverse more perhaps nothing is “there that agree would few a One might venture to suggest to venture might One loom the or plough the than more instruments useful as thecrucifix, missal, the consider to and Athens; of sages the and Rome of heroes the above calendar the of saints the place to virtues; of first the as celibacy and mortification reward to crime, wha despise to and of contemptible, is that all revere to trammels absurd, is it because believe the to learned has he faith, In servile freedom. and humanity, reason, to adverse most the life and education t from drawn is candidate successful The Gibbon’s A Decline and Fall and Decline ges should help absolve Gibbon of any criticism that he is biasedWestern towardshe is that any of Gibbon criticism absolve help ges should Decline and Fall and Decline critiques of earlier cultures earlier of critiques

, III.1059. , tever might deserve the esteem of a rational being; to punish error as a as error punish to being; rational a of esteem the deserve might tever

so entertaining, and have guaranteed its popularity for over two over popularityfor its guaranteed have andentertaining, so Gibbon’s

that most historians today, whatever their view on the the on view their whatever today, historians most that

judgment he church, and even the convent; from the mode of mode the from convent; the even and church, he

81 were not, by any means, limited to “Oriental” to limited means, any by not, were

and what we may like or dislike about the about dislike or like may we what and s may seem when taken to the extreme of extreme the to taken when seem may s . 20

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all

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rans London: Penguin,1996

Bibliography lated by . , Series 2,Part3,Reel 1

. Edited by edition. GeoffreySt. Keynes. Second .

th E

T , 1763: &My Journal I,IIIEphemerides II and d . 1761. London:. 1761. rans ited by 83 .

C.D. Yonge C.D.

lated by lated

. Windus, Windus, 1929 . nent Archive Internet

E J.E. Norton J.E. . d

ited by ) Internet Archive . td by ited

tenberg.org 6, (accessed May

Dom Mark Pontifex Mark Dom .

. E

d James E.G. Zetzel E.G. James T. Becket D T. & P.A.

New York:Bros.,New & Harper d ited by ited . ihr Tuck Richard

. ited by .

1748.

. 3 vols. . Reading, England:

1776

http://www.archive.org

William

. Murray John

London: Cassell, - 88 . . .

P. Baumgarth P. E Westminster, Indianapolis: .

e Hondt, anuscripts anuscripts ited by .

CEU eTD Collection Brown, Secondary Sources: ——— ——— Robertson Plato. Montaigne — Locke, John. Hutcheson ——— ——— ——— Craddock, ——

h Epnin f Empire CambridgeUniversity Press, 1997 of Expansion the 26, 2012). Balfour,Hamilton & 1759 Considered Religion, His of Success the with . 1804 Seymour, (accessed May 24,2012). & Hopkins York: Century Sixteenth the the of Subversion the from Europe, in Society of . May 26,2012). 1792 Balfour, J. and Cadell, ( 1888 Press, University Oxford http:// Received . F Nature of Law the and Ethicks of Elements the edition. . Liberty 1688 . . Johns Hopkins UniversityJohns Press, 1982 h Rpbi o Plato of Republic The Stewart J. Stewart accessed March 11,2012

oulis

Two Treatises Two Concerning Government Civil Essays andLiterary Moral,Political, The Situation of the World at the Time the at World the of Situation The The History of the Reign of the Emperor Charles V. With a View of the Progress the of View a With V. Charles Emperor the of Reign the of History The The History of England from the Invasion of Julius Caesar to the Revolution in Revolution the to Caesar Julius of Invasion the from England of History The , William. ,

Tets o Hmn Nature Human of Treatise A , Francis. , Mce de Michel , Patricia. .

www.oregonstate.edu , 1747

An Essay Concerning Human Understanding 1754 .

Oxford: Oxford Oxford Oxford: University 1 Press, http://files.libertyfund.org (accessed May 21,2012). (accessed May http://files.libertyfund.org . ”

- “Robertson and the Scottish Enlightenment Scottish the and “Robertson

Young Edward Gibbon: Gentleman of Letters of Gentleman Gibbon: Edward Young

A Short Introduction to Moral Philosophy in Three Books; Containing Books; Three in Philosophy Moral to Introduction Short A The History of America of The History

1778 ed 1778

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Essays 1769

ition

rnltd y ejmn oet Jowett. Benjamin by Translated ) . .

ed , ( Google BooksGoogle accessed March 25,2012 . . .

Indianapolis: Liberty Fund, 1983 Fund,Liberty Indianapolis: F oge Books Google . td by ited .

irst American (from tenth London) ed London) tenth (from American irst

(1575)

h Lbry Fund Liberty The 1739 84 . . .

. 1777

1742 . oge Books Google of Christ’s Appearance, and Its Connexion Connexion Its and Appearance, Christ’s of ,

. twr J Bon 55 Brown, J. Stewart

978 E http://books.google.com (accessed May .

. t S

. asae b Cals Cotton Charles by ranslated td by ited . 1756. .

. . ixth ed ixth

1689.

Roman Empire, to the Beginning of Beginning the to Empire, Roman

tp/bosgol.o (accessed http://books.google.com English ed English .

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http://files.libertyfund.org http://files.libertyfund.org I

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CEU eTD Collection Pocock ——— Phillipson, Karen. O’Brien, ——— Macintyre, Lewis, Ko Honoré, Hochstrasser, Haakonssen, Giuseppe. Giarrizzo, Ghosh, Gay, Dillon ——— ntler,

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Smith, , J.G.A. Bernard 1737 Brown,J. 55 Robertson . Gibbon 1965. by . Duckworth, 1985. Tyrus Miller, 195 Robertson William 12, 2012). 2002 Press, University CambridgeUniversity Press, 2000 Enlightenment Italianogli Storici Studi per York: Knopf, 1966. 1982 Empire Roman the of Fall and Decline CambridgeUnivers . P.R.

Tony. László “ Barbarism and Religion. Volume 2: Narratives of Civil Government Civil of Narratives 2: Volume Religion. and Barbarism “Providence and Progress: An Introduction to the Historical Thought of William of Thought Historical the to Introduction An Progress: and “Providence

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lsar Macintyre Alasdair Nicholas.

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h nihemn:A nepeain h ieo Mdr Paganism Modern of Rise The Interpretation. An Enlightenment: The 1764 “Gibbon Observed.

Knud.

http://ro.uow.edu.au/theses/ (accessed M David. . T.J.

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Given World and Time: Temporalities in Context in Temporalities Time: and World Given ” ndon: Weidenfeld &ndon: Weidenfeld Nicolson, 1989

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Time as Progress: An Enlightened Sermon by by Sermon Enlightened An Progress: as Time

Daedalus 85

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uropean University Press, 2008. Ph.D. diss., University of Wollongong, of University diss., Ph.D. .

105, no.3(Summer 1976): arch 3,2012).

books.google.com (accessed March (accessed books.google.com pea del Settecento del pea eod edition Second . .

s, 1997.

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