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Samuel von Pufendorf

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Samuel von Pufendorf (/ˈpfəndɔːrf/;[1]German:[ˈpuːfəndɔʁf]; 8 January 1632 – 26 October 1694) was aGermanjurist,political philosopher,economist andhistorian. He was bornSamuel Pufendorf andennobled in 1694; he was made abaron byCharles XI of Sweden a few months before his death at age 62. Among his achievements are his commentaries and revisions of thenatural law theories ofThomas Hobbes andHugo Grotius.

Samuel von Pufendorf
Engraving by Joseph de Montalegre of Samuel von Pufendorf, 1706
Born
Samuel Pufendorf

(1632-01-08)8 January 1632
Died26 October 1694(1694-10-26) (aged 62)
NationalityGerman
Education
EducationUniversity of Leipzig
University of Jena
Philosophical work
Era17th-century philosophy
RegionWestern philosophy
SchoolNatural law
InstitutionsUniversity of Heidelberg
University of Lund
Main interestsJurisprudence,political philosophy,economics andhistory
Signature

His political concepts are part of the cultural background of theAmerican Revolution. Pufendorf is seen as an important precursor ofEnlightenment inGermany. He was involved in constant quarrels with clerical circles and frequently had to defend himself against accusations ofheresy, despite holding largely traditional Christian views on matters of dogma and doctrine.[2]

Biography

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Early life

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Pufendorf was born atDorfchemnitz in theElectorate of Saxony. His father Esaias Elias Pufendorf fromGlauchau was aLutheran pastor, and Samuel Pufendorf himself was destined for the ministry.

Educated at theFürstenschule atGrimma, he was sent to studytheology at theUniversity of Leipzig. The narrow anddogmatic teaching was repugnant to Pufendorf, and he soon abandoned it for the study of publiclaw.

Leaving Leipzig altogether, Pufendorf relocated toUniversity of Jena, where he formed an intimate friendship withErhard Weigel, themathematician, whose influence helped to develop his remarkable independence of character. Under the influence of Weigel, he started to readHugo Grotius,Thomas Hobbes andRené Descartes.

Pufendorf left Jena in 1658 as Magister and became a tutor in the family ofPeter Julius Coyet, one of the resident ministers of KingCharles X Gustav of Sweden, atCopenhagen with the help of his brotherEsaias [de], a diplomat in the Swedish service.

At this time, Charles was endeavoring to impose an unwanted alliance on Denmark. In the middle of the negotiations he opened hostilities and the Danes turned with anger against his envoys. Coyet succeeded in escaping, but the second minister,Steno Bielke, and the rest of the staff were arrested and thrown into prison. Pufendorf shared this misfortune, and was held in captivity for eight months. He occupied himself in meditating upon what he had read in the works of Hugo Grotius and Thomas Hobbes, and mentally constructed a system of universal law. At the end of his captivity, he accompanied his pupils, the sons of Coyet, to theUniversity of Leiden.

Career as author

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De jure naturae et gentium, 1744.

At Leiden, he was permitted to publish, in 1660, the fruits of his reflections under the title ofElementa jurisprudentiae universalis libri duo ("Elements of Universal Jurisprudence: Two Books"). The work was dedicated toCharles Louis, elector palatine, who created for Pufendorf a new chair at theUniversity of Heidelberg, that of the law of nature and nations. This professorship was first of its kind in the world. Pufendorf married Katharina Elisabeth von Palthen, the widow of a colleague, in 1665.

In 1667 he wrote, with the assent of the elector palatine, a tractDe statu imperii germanici liber unus ("On the Present State of the German Empire: One Book"). Published under the cover of a pseudonym atGeneva in 1667, it was supposed to be addressed by a gentleman ofVerona, Severinus de Monzambano, to his brother Laelius. The pamphlet caused a sensation. Its author directly challenged the organization of theHoly Roman Empire, denounced in the strongest terms the faults of the house of Austria, and attacked with vigour the politics of the ecclesiastical princes. Before Pufendorf,Bogislaw Philipp von Chemnitz [de], publicist and soldier, had written, under the pseudonym of "Hippolytus a Lapide",De ratione status in imperio nostro romano-germanico ("On The Reason of the Present State in Our Holy Roman Empire"). Inimical, like Pufendorf, to the AustrianHouse of Habsburg, Chemnitz had gone so far as to make an appeal toFrance andSweden. Pufendorf, on the contrary, rejected all idea of foreign intervention, and advocated that of national initiative.

When Pufendorf went on to criticise a new tax on official documents, he did not get the chair of law and had to leave Heidelberg in 1668. Chances for advancement were few in a Germany that still suffered from the ravages of theThirty Years' War (1618-1648), so Pufendorf went to Sweden where that year he was called to theUniversity of Lund. His sojourn there was fruitful.

In 1672 appearedDe jure naturae et gentium libri octo ("On The Law of Nature and of Nations: Eight Books") and of, and in 1673 a résumé of it under the titleDe officio hominis et civis iuxta legem naturalem ("On the Duty of Man and Citizen, according to Natural Law"), which, among other topics, gave his analysis ofjust war theory.InDe jure naturae et gentium Pufendorf took up in great measure the theories of Grotius and sought to complete them by means of the doctrines of Hobbes and of his own ideas onjus gentium ("Law of Man"). His first important point was that natural law does not extend beyond the limits of this life and that it confines itself to regulating external acts. He disputed Hobbes's conception of the state of nature and concluded that the state of nature is not one of war but of peace. But this peace is feeble and insecure, and if something else does not come to its aid it can do very little for the preservation of mankind.

As regards public law Pufendorf, while recognizing in the state (civitas) a moral person (persona moralis), teaches that the will of the state is but the sum of the individual wills that constitute it, and that this association explains the state. In thisa priori conception, in which he scarcely gives proof of historical insight, he shows himself as one of the precursors ofRousseau and of theContrat social. Pufendorf powerfully defends the idea that international law is not restricted to Christendom, but constitutes a common bond between all nations because all nations form part of humanity.

In 1677 Pufendorf was called toStockholm asHistoriographer Royal. To this new period belongEinleitung zur Historie der vornehmsten Reiche und Staaten ("Introduction to the History of the Most Distinguished Kingdoms and States" as well asCommentarium de rebus suecicis libri XXVI., ab expeditione Gustavi Adolphi regis in Germaniam ad abdicationem usque Christinae andDe rebus a Carolo Gustavo gestis. In his historical works, Pufendorf wrote in a very dry style, but he professed a great respect for truth and generally drew from archival sources. However, his historical works were heavily pro-Swedish and he supported the claim that eastern Denmark was originally Swedish. In 1658 Denmark was forced to cede the eastern provinces of Skåne (Scania), Halland, and Blekinge (plus some Norwegian territories) to Sweden. Pufendorf defended this move and insisted that these provinces were "reunited" with Sweden and that the Scanian provinces had always belonged to "Götaland". He wrote that "Sweden’s old borders have been healed again".[3] InDe habitu religionis christianae ad vitam civilem he traces the limits between ecclesiastical and civil power. This work propounded for the first time the so-called "collegial" theory of church government (Kollegialsystem), which, developed later by the learned Lutheran theologianChristoph Matthäus Pfaff [de], formed the basis of the relations of church and state in Germany and more especially inPrussia.

This theory makes a fundamental distinction between the supreme jurisdiction in ecclesiastical matters (Kirchenhoheit orjus circa sacra), which it conceives as inherent in the power of the state in respect of every religious communion, and the ecclesiastical power (Kirchengewalt orjus in sacra) inherent in the church, but in some cases vested in the state by tacit or expressed consent of the ecclesiastical body. The theory was of importance because, by distinguishing church from state while preserving the essential supremacy of the latter, it prepared the way for the principle of toleration. It was put into practice to a certain extent inPrussia in the 18th century; but it was not till the political changes of the 19th century led to a great mixture of confessions under the various state governments that it found universal acceptance in Germany. The theory initially found no acceptance in the Roman Catholic Episcopate, but it nonetheless made it possible for theProtestant governments to make a working compromise withRome in respect of theRoman Catholic Church established in their states.

In 1688 Pufendorf was called into the service ofFrederick William, Elector of Brandenburg. He accepted the call, but he had no sooner arrived than the elector died. His sonFrederick III fulfilled the promises of his father; and Pufendorf, historiographer and privy councillor, was instructed to write a history of the Elector Frederick William (De rebus gestis Frederici Wilhelmi Magni).

The King of Sweden continued to testify his goodwill towards Pufendorf, and in 1694 created him a baron. In the same year while still in Sweden, Pufendorf suffered a stroke, and died on 26 October 1694[4] inBerlin. He was buried in the church ofSt Nicholas, where an inscription to his memory is still to be seen. He was succeeded as historiographer in Berlin byCharles Ancillon.

De iure naturae et gentium

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In 1672 appearedDe iure naturae et gentium. This work took largely the theories of Grotius and many ideas from Hobbes, adding to them Pufendorf's own ideas to develop the law of nations. Pufendorf argues that natural law does not extend beyond the limits of this life and merely regulates only external acts. He also challenges the Hobbesian thesis of a state of nature which is a state of war or conflict. For Pufendorf too there is a state of nature, but it is a state of peace. This natural peace, however, is weak and uncertain. In terms of public law, which recognizes the state (civitas) as a moral person (persona moralis), Pufendorf argues that the will of the state is nevertheless nothing more than the sum of the individual wills that are associated within it; hence the state needs to submit to a discipline essential for human safety. This 'submission', in the sense of obedience and mutual respect, is for Pufendorf the fundamental law of reason, which is the basis of natural law. He adds that international law should not be limited or restricted only to the Christian nations, but must create a common link between all peoples, since all nations are part of humanity.

De Officio Hominis et Civis Juxta Legem Naturalem

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InDe Officio Hominis et Civis Juxta Legem Naturalem ("On the Duty of Man and Citizen"), Pufendorf dividesduties into several categories: duties towards God, duties towards oneself, and various forms of duty towards others. Duties towards oneself were classified as "duties of the soul", such as developing skills and talents, and "duties of the body", which involve not doingharm to oneself.[5][6]

Legacy and reputation

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Statue of Pufendorf on thePalais Universitaire, Strasbourg, France.

John Locke,David Hume,Edward Gibbon,Voltaire,Jean-Jacques Rousseau, andDenis Diderot all recommended Pufendorf's inclusion inlaw curricula, and he greatly influencedBlackstone andMontesquieu.

Pufendorf's feuds withLeibniz diminished his reputation. Pufendorf and Leibniz shared many theological views, but differed in their philosophical foundation, with Pufendorf leaning towardBiblical fundamentalism.[2] It was on the subject of the pamphlet ofSeverinus de Monzambano that their quarrel began. Leibniz once dismissed him as "Vir parum jurisconsultus,minime philosophus" ("A man barely a jurist,let alone a philosopher").[2]

Works

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De officio hominis et civis juxta legem naturalem, 1758

References

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  1. ^"Pufendorf".Collins English Dictionary.HarperCollins.
  2. ^abcDöring, Detlef (2010). Dascal, Marcelo (ed.).The Practice of Reason: Leibniz and his Controversies. John Benjamins Publishing Company. p. 250.ISBN 9789027218872.
  3. ^Innledning Till Swänska Historien, (An Introduction to Swedish History), Ståkkholm 1688, page 912
  4. ^Luig, Klaus (2003)."Pufendorf, Samuel Freiherr von".Neue Deutsche Biographie (in German). Vol. 21. Berlin: Duncker & Humblot. pp. 3–5. (full text online).
  5. ^Internet Encyclopedia of Philosophy,Ethics, accessed 28 April 2021
  6. ^Pufendorf, S.,On The Duty of Man and Citizen According to the Natural Law (1673), Lonang Institute, accessed 28 April 2021

  This article incorporates text from a publication now in thepublic domainChisholm, Hugh, ed. (1911). "Pufendorf, Samuel".Encyclopædia Britannica (11th ed.). Cambridge University Press.

Further reading

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External links

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