A Treatise of the Laws of Nature. Richard Cumberland

      The seventeenth century witnessed what has been called the “heroic” period in the development of modern natural law theory.¹ Beginning with Hugo Grotius, Protestant thinkers began to experiment with scholastic natural law ideas to produce a distinctive and highly successful tradition of natural jurisprudence that would come to dominate European political thought. Viewed from the eighteenth century, the success of the tradition could be, and often was, taken for granted, but such retrospective views could often conceal the extent to which the early pioneers faced real challenges in their attempts to reconcile natural law ideas with the rigors of Protestant theology. In this context, Richard Cumberland is perhaps one of the great unsung heroes of the natural law tradition. Cumberland’s De Legibus Naturae constituted a critical intervention in the early debate over the role of natural jurisprudence at a moment when the natural law project was widely suspected of heterodoxy and incoherence.

      Hugo Grotius’s work undoubtedly generated a great deal of interest among Protestant thinkers, but it also occasioned a critical response that threatened to undermine the whole project. The most dangerous writer in this respect was Thomas Hobbes. Hobbes simultaneously adapted and subverted the new jurisprudence, producing a theory that would become notorious for its apparent atheism and absolutism. As a result, early natural law writers were dogged by accusations of Hobbism, the charge that behind their attempts to forge a new tradition lay the reduction of moral and political obligation to self-interest alone. Cumberland’s De Legibus Naturae, with its sustained assault on Hobbes’s ideas, constituted one of the most important and influential responses to this damaging accusation. Cumberland not only produced one