Grotius, Hobbes, and Pufendorf are canonical representatives of the early modern natural law tradition. In this chapter, we consider the tradition’s other two main figures: John Locke and Richard Cumberland. Locke is justly famous, of course, though more for his political philosophy and the more familiar topics in epistemology and metaphysics treated in the Essay Concerning Human Understanding than for his ethics. In his moral philosophy, however, he makes interesting connections between moral accountability and autonomy that provide an interesting point of contrast with Pufendorf. Cumberland is much less well known. However, Cumberland’s contemporaries saw him, along with Grotius and Pufendorf, as one of a “triumvirate of seventeenth-century founders of the ‘modern’ school of natural law” (Haakonssen). Moreover, Cumberland has special relevance to moral philosophy of the present day, since he was among the first to attempt to “locate” moral truths and facts in relation to, and perhaps reduce them to, those that are confirmable by the empirical sciences, a naturalist program that remains vital today. And he was also an important source of philosophical utilitarianism.

In Grotius, Cumberland, and Locke we see the basic elements of the theological version of morality as legislation. Grotius used a framework of evaluating the consequences of different possible rules for fallible, biased people as a way of determining what ought to be done. Cumberland provided a theory of right in which all the content of all divine laws could be traced back to one divine attribute, benevolence. Locke, while less systematically consequentialist than Cumberland, had a hedonistic theory of the good, an account of God that also emphasized benevolence, and (most interestingly) a willingness to press very hard on the legislative metaphor in order to establish the correct content of natural law when it was in dispute. Locke imagines God as a legislator using precisely the structure of rationality that a human legislator would use in contemplating which law to pass, including problems of biased and fallible execution of the law. Locke’s use is clearly counterfactual. It is probably not a coincidence that both Locke and Cumberland were strong supporters of new scientific theories that sought to understand nature by means of natural laws.