The Philosophy of Giambattista VicoCroce, Benedetto
Philosophy
The Philosophy of Giambattista Vico
Croce, Benedetto
Vico, Giambattista, 1668-1744
Vico rids himself of the ideal eternal code without seeming to do
so: though he is quite ready to recognise that the "philosophers'
natural right," _ius naturale philosophorum,_ is in idea eternal, and
inexorably laid down "in accordance with eternal reason," _ad rationis
aeternae libellam._ But from this verbal concession of eternity made
out of respect for the old traditional scholastic philosophy, whose
influence he felt now and then, he goes on to deny its real eternity
and supra-historical character; since instead of placing it above
and outside history he puts it in the place which belongs to it,
within history. The law of violence or heroic law, after passing into
the law of uncivilised society, gradually attains a certain limit of
clarity, in which state the only thing wanting to its perfection is
that some school of philosophers should complete it by establishing it
with reasoned principles, upon the idea of eternal justice: and this
reasoning and systematisation is the _"ius naturale philosophorum"_ the
extreme form of the historical development of law, not its unchanging
rule; a product, not a standard. Hence Vico's charge against Grotius
of confusing the _"ius naturale philosophorum,"_ the law composed of
reasoned principles derived from moralists, theologians and, in part,
jurists, with the natural law of nations, _ius naturale gentium_ (in
Grotius's language, confusing natural law with an arbitrary or positive
form of law): of misunderstanding the Roman jurists, who intended to
speak solely of the latter: and of offering to correct and venturing to
criticise writers whose faults on inspection vanish.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account