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Like Kraynak and Canavan, Fortin rejects Tierney’s claim that John Locke’s philosophy was simply an evolution of 12th-century Catholic canon law. Fortin argues that Tierney confuses a linguistic similarity with a philosophical continuity, thereby obscuring the radically secular and revolutionary nature of Lockean liberalism.

The critique from Fr. Ernest Fortin—a prominent Catholic theologian, classical political philosopher, and student of Leo Strauss—directly challenges Brian Tierney’s historical thesis regarding the medieval roots of modern individual natural rights.
Like Kraynak and Canavan, Fortin rejects Tierney’s claim that John Locke’s philosophy was simply an evolution of 12th-century Catholic canon law. Fortin argues that Tierney confuses a linguistic similarity with a philosophical continuity, thereby obscuring the radically secular and revolutionary nature of Lockean liberalism. [1]

The Core of Fortin's Critique: A Radical Mutation, Not an Evolution
Fortin outlines his objections to Tierney and the "continuity school" in essays like The Natural Wrong in Natural Rights. His critique centers on several fundamental points: [1]
  • The Shift from "Right" to "A Right": Fortin stresses that in classical and medieval thought (such as the theology of Thomas Aquinas), jus meant objective rightness or "what is fair" under a cosmic order. It dictated an individual's duties to God and the community. Locke shifted the meaning of jus to a subjective claim—a personal power or freedom owned by the individual. Fortin argues that Tierney mistakenly views the emergence of individual legal protections in the Middle Ages as the birth of modern subjective rights, failing to see that the underlying moral framework had been totally inverted. [1]
  • The Fatal Rejection of Teleology: Medieval canon law was teleological, meaning human life had a natural purpose: to achieve virtue and eternal salvation. Locke's philosophy, however, rejects this shared moral purpose. Fortin points out that Lockean rights are grounded in the state of nature, a hypothetical pre-political condition driven by the raw instinct for self-preservation. Fortin argues Tierney fails to see that Locke’s rights are born from fear and individual survival, not Christian charity or divine order.
  • The "Trojan Horse" of Modernity: Fortin asserts that Tierney’s attempt to baptize Locke’s ideas is dangerous for Christian theology. By trying to claim Locke as an heir to Catholicism, Tierney inadvertently smuggles a deeply individualistic, anti-teleological philosophy into Christian social teaching. Fortin warns that once a society adopts Lockean rights as its ultimate foundation, it inevitably strips the state of its authority to promote the common good and cultivate human virtue. [1, 2]

Comparison of Key Assumptions
Philosophical CategoryBrian Tierney's InterpretationErnest Fortin's Critique
Foundational ConceptContinuity: Locke expanded on legal faculties (facultas) defined by medieval church lawyers.Discontinuity: Locke initiated a radical break by prioritizing individual desires over cosmic duties.
Human MotivationDignity: Rights are a legal reflection of the free will and dignity given to humans by God.Self-Preservation: Lockean rights stem from the passion to survive in a hostile state of nature.
Purpose of the StateProtection: To safeguard the naturally occurring rights of individuals.Virtue: Classical and Christian states must orient citizens toward objective virtue and the common good.

If you want to dive deeper into this academic debate, we can explore Fortin’s specific critique of how modern Catholic Social Teaching adopted this rights language, or look at Leo Strauss's influence on Fortin's reading of John Locke. [1]

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