17 Jul 2022

57

Richard Hooker’s Influence on Legal Theory

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Introduction 

Richard Hooker (1554-1600) is generally considered one of the first comprehensive and systematic theologians of Anglicanism. He grew up in an England that was fully saturated with the spirit of Reformation. Through his works, Hooker was able to influence religious and political views in England. One of his important works was the eight-volume “Of the Laws of Ecclesiastical Polity” ( Foster, 2014 ). The work was one of its kinds, as it was one of the finest works of theology written in modern English. Hooker’s work generally focused on rebutting the theological principles of the Puritans, whose leaders has denounced the Church of England as well as its governance by the monarchy ( Council, 2014 ). Through his laws, Hooker responded to the accusations that he was following a corrupt doctrine. According to him, the Scripture was not the only important law that should govern people. Instead, Hooker advocated for reasonable discretion, arguing that reason and tradition were critical in interpreting scriptures. Additionally, Hooker asserted that the Bible was written in a particular context in response to specific situation. As such, the Scripture should not be treated as the sole guide that one should follow without questioning, citing that individual discretion should play a role in matters not specifically addressed in the Bible. Therefore, while Hooker agrees that Scripture is the infallible Word of Good, he asserts that the law of reason should form the basis of religious discourse. 

Influence on Legal Theory 

According to Hooker, reason should form the basis of all laws. He considered the denial of reasonable discretion in secondary things not only inflammatory but also impolitic. He was concerned about the possibility of Christianity being weakened by religious strife from within while facing dangers from without. Therefore, he saw the need to exercise reason in order to facilitate religious inclusion, where diverse religious views could be tolerated. He realized that Puritans were blindly following Scriptural guidelines that could eventually sow hatred among the populace. He realized that reasonable discretion could play a significant role in ensuring tolerance and inclusion in a religiously charged society. 

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Interestingly, Hooker believed that human beings could know their natural duties without divine revelation if at all they put in the effort. He asserts that human beings can be moved by natural inclinations to reason rightly to the chief mandates. According to Hooker, exercising natural reason and being steadfast of will are some of the important components of a religiously inclusive society ( Beiser, 2014) . It is important to realize that individuals can observe the laws of reason by calling to mind the great reward of eternal life. By focusing on the need to claim the reward of eternal life, people are more likely to exercise discretion in whatever they do, indicating the core importance of reason. 

Hooker continues to state that human being’s knowledge of the law of reason is a result of reason’s clarifications and calculations. This is because he believed that the mind is of utter vacuity as to moral knowledge, allowing for sound reasoning. This demonstrates Hooker’s major assertion that it is reasoning rather than habitual dispositions bred by practice that finds the moral law. As such, Hooker calls for rational inquiry rather than blindly adhering to doctrine. Such inquiry allows individuals to conduct a natural discourse through which they can realize that better things produce better results. Such a realization encourages one to develop a natural desire for infinite good. 

Relationship between Divine Revelation and Human Law 

According to Richard Hook, the law of reason or human law is derived from divine revelation. He asserts that God governs all things by the divine revelation. While acknowledging the centrality of divine law in human life, Hooker argues that people should rely on reasonable discretion while holding religious discourse. Although he acknowledges the presence of the Holy Spirit, he places significant emphasis on revelation through reason. In doing so, he attributes very little to the Holy Spirit, suggesting that the law of reason should for the bedrock of morality. This is because, according to Hooker, relying on reason when defending, explaining, or sharing the Gospel message is more effective than referring to the Holy Spirit ( Hill, 2014) . He argues that the Apostles, particularly Peter and Paul, regularly resorted to the power of reason. According to Hooker, Apostle Peter tried to explain to the Jews that the grace of God was extended to the Gentiles as well through the power of human reason. Therefore, this demonstrates that the binding authority of the Church solely rests on its ability to take into account reason, human law, and natural while developing its own laws and doctrines. 

Conclusion 

In conclusion, it is fair to state that Richard Hooker stressed the importance of the law of reason in promoting inclusion in the church. While he acknowledged that the law of reason was derived from divine revelation, he advocated for reasonable discretion, particularly in explaining, defending, and sharing the Gospel. Through the direction of the divine revelation, human beings have the power to exercise reasonable discretion, allowing them to know their natural duties naturally. 

References 

Council, N. (2014).  When Honour's at the Stake (Routledge Revivals) . Routledge.

Beiser, F. C. (2014).  The Sovereignty of Reason: The Defense of Rationality in the Early English Enlightenment  (Vol. 349). Princeton University Press.

Hill, C. (2014).  The century of revolution: 1603–1714 . Routledge.

Foster, A. (2014).  Church of England 1570-1640, The . Routledge.

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StudyBounty. (2023, September 16). Richard Hooker’s Influence on Legal Theory.
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