Conche, Marcel

Natural Law and Positive Law According to Epicurus - 2013.


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A commentary of Capital Maxims XXXI to XXXVIII. The Epicurean theory of law is best conceived through the distinction between natural desires, the satisfaction of which provides happiness, and non natural or “vain” desires, which subject us to the indefinite pursuit of an unreachable happiness. If humans content themselves with satisfying their natural desires, they form a society without conflicts, where peace and justice according to nature prevail. If they are driven by “vain desires”, they create a society of indefinite progress, of “bigger and better”, and they invent positive law. However, complex society, created by the “unwise”, has a natural foundation, for the unwise do have natural desires, so that positive law partly agrees with natural law.