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Aristotle’s Philosophy. Start of the Philosophy. Greek philosophy emphasized the difference between "nature" on the one hand and "law", "custom", or "convention" What the law commanded varied from place to place, but what was "by nature" should be the same in every place
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Start of the Philosophy • Greek philosophy emphasized the difference between "nature" on the one hand and "law", "custom", or "convention" • What the law commanded varied from place to place, but what was "by nature" should be the same in every place • Thomas Aquinas’ association with natural law is due largely to the interpretation given to him by Aristotle. This was based on Aquinas' conflict of natural law and natural right
Philosopher’s Contributions • Aristotle is often referred as the father of Natural Law • His philosophies and theories have a big impact on the modern/western world • He positioned the existence of natural law/right • Aristotle's theory of justice is bound up in his idea of the golden mean.
Aristotle’s Views on Natural Law • Aside from “particular” laws that people have set up for themselves. Aristotle believes that there is a “common” law according to nature. • He had a strong belief that similar cases should be approached in similar ways • In Aristotelian terms, a law is “by nature” if the equality which it aims to ensure is such that it is justified by appeal to something other than an agreement or decision • Similarly a law would be “contrary to nature” if it forbade equalities which a law which was “by nature” would aim to effect, or if it commanded corresponding inequalities
Aristotle’s Critisism • Some criticisms that Aristotle has had on other philosophical schools of thought concerning the law included his criticism of Plato’s philosophy of Platonisms. • Aristotle, by contrast, believed that Plato had everything the wrong way around, and that knowledge could only be gained by comparing it with what was already known and perceived. • Plato’s famous idealized Republic required a perfect Philosopher King to rule it, with wisdom and benevolence. He argued that because such a perfect human being could exist, therefore such a king would be possible to find. • Aristotle countered this concept by stating that because he had never seen or heard of such a human in recorded history, then it was an impossible concept.
Our Criticism on his Philosophy • Aristotle believes that knowledge could only be gained by comparing it with what was already known and perceived. • Aristotle countered this concept by stating that because he had never seen or heard of such a human in recorded history, then it was an impossible concept. Because something is unknown doesn’t mean that it does not exist.
Start of the Philosophy • Cicero left the sinful life he lived and turned towards philosophy and God • During this time, many of the philosophies he came up with were based on this faith and God • He believed that the gods govern the world, love humans, and after death a reward is given to the good and a punishment to the bad • He chose a career in law because it would most likely lead him to political success
Philosopher’s Contributions • Distinguished the difference between natural and positive law • Had a strong belief in natural law • One of the philosophers who believed that as a citizen you can disobey an un just law that is not up to standard with principles of the natural law (civil disobedience)
Cicero’s Views on Natural Law • Natural law morally bounds us to contribute to the general good of the larger society • Positive laws is to provide for the safety of citizens, the maintenance of states, stress free and happiness of human life • “Nature” and “custom” were the source of society’s law • By nature human beings have reason, that reason enables us to discover the principles of justice, and that justice gives us law • Therefore any valid law is rooted in nature, and any law not rooted in nature is no law at all
Cicero’s Criticism • Although Cicero had many critics he himself criticized others philosophies too • The biggest criticisms that Cicero had was on most of Julius Caesar's philosophy concerning law. He did not like the laws that Caesar was developing • After Caesar’s death Cicero became a popular leader in Rome • Many rumours state that Cicero abetted in Caesar assassination, he did this out of jealousy
Our Criticism on his Philosophy • Cicero believed that any law which was not nature based was not a law at all. We have many laws today that are not based on nature. • Positive laws can also ensure that we contribute to the larger scale of our society
