Jean Barbeyrac's Theory of Permissive Natural Law and the Foundation of Property Rights

The paper considers Jean Barbeyrac’s theory of permissive natural law, in particular its significance for his account of natural property rights. This interpretation contributes to current debates on permissive natural law in the early modern period by arguing that Barbeyrac’s theory was more significant than hitherto acknowledged. The conceptual framework provided by Barbeyrac’s theory of permissive natural law is crucial to understanding the ways in which his will-based theory of property departs not only from the consent-based theory of Samuel Pufendorf but also from the labor-based theory of John Locke with which he is most commonly associated. © by Journal of the History of Ideas.