Concepts, Theories, and Theorists

SOCRATES (469 – 399 BCE) ATHENS Considered the founder of philosophy Highest moral principle was to obey the law Even if it was considered unfair, unjust or wrong P. 88-89

Was sentenced to death for “corrupting the youth of Athens” and for disbelieving in the gods HEMLOCK

PLATO (428-348 BCE) Socrates’ student Present at Socrates’ death Laws should strive to reflect certain universal, absolute truths or virtues Purpose of law is moral

PLATO “The just man disobeys unjust laws.” Believed Socrates’ death was motivated by the need for the ruling elite in Athens to maintain their power (p. 87) True leaders should be “PHILOSOPHER KINGS” (with wisdom to administer justice)

PLATO Natural justice is in two places: the individual and the state (a) Individual: considered just when all person’s powers are working in harmony with lower powers subordinated to the higher; reason (b) State: considered just when each class of people performs own functions right and doesn’t interfere with functions of any other class

ARISTOTLE PLATO

ARISTOTLE (384 – 322 BCE) Plato’s student Contribution: origin of laws came not from gods, but from the laws of nature Believed that justice should aspire to equality True meaning of law is through human reasoning—guided by observations Rationalism: observation and human reasoning

CICERO (106 – 43 BCE) Roman Dangerous if people did not believe unhesitatingly in the sanctity of the laws and justice Felt politicians of the time were corrupt

CICERO Virtue ahead of power, wealth and fame Witnessed Caesar’s murder, was exiled Returned when Mark Anthony became part of Roman leadership Cicero tried to oust Anthony; a bounty was placed on his head Murdered, hands and head were nailed to the Senate speakers’ podium as a warning to others.

CICERO Took ideas of natural law & justice to early Christian and European scholars Justice, right, equality, and fairness should underlie all law Agreed with Aristotle that the state should represent the collective will of its citizens, but the state could not enact “evil” laws (even if these acts were approved by the collective will of the people) because the laws of nature would not support these activities Argued that citizens can withdraw support from a government that enacted evil laws

JUSTINIAN (483 – 565 CE) Believed that law had two parts: (a) universal laws of nature (observed by all people), (b) civil laws (specific to a particular community) Natural law ensured that all people were born free (measuring stick – laws that permitted slavery were to be struck down)

FROM GREEK AND ROMAN GODS/GODDESSES To: CHRISTIANITY JUDAISM ISLAM

SAINT AUGUSTINE (354 – 430 CE) Believed in divine law, that God would punish evil and reward good Believed that “ideal justice” could only be achieved when God came back to earth Thought that the Church had a moral duty and authority to act as a check on the abuses of the state

THOMAS AQUINAS (1225 – 1274) Roman Catholic priest Like Aristotle and Cicero, believed humans can use reason to determine law; however… Aquinas also believed that law is made known to humans by the divine revelation of Christian prophets

THOMAS AQUINAS (1225 – 1274) Identified the rational nature of human beings as that which defines moral law Since human beings are by nature rational beings, it is morally appropriate that they behave in a way that conforms to their rational nature. Thus Aquinas derived the moral law from the nature of human beings--thus "Natural Law"

THOMAS AQUINAS (1225 – 1274) Since humans exist for a spiritual power… The ultimate authority on earth is NOT the state or the government The ultimate authority is the Roman Catholic Church All man-made law should support divine law (church law)

Natural Law Philosophy is therefore based upon: (a) divine revelation (b) laws of nature (c) human reasoning.

TRANSITION Henry VIII Law-making power of the church Law-making power of man

KING HENRY VIII No, he wasn’t a philosopher BUT the expansion of the Holy Roman Empire meant that if it arrived in Britain, his power as monarch would be over and the power in England would be in the Pope’s hands. Therefore, he took action by separating the Church of England from the Roman Catholic Church and establishing himself as the head of the Church of England, thus ensuring his consolidation of power

THOMAS HOBBES (1588 – 1679) British Self preservation key to human survival Security and preservation of peace most important Individual must surrender rights to the sovereign (King); therefore, the people can no longer claim a right to control that ruler  social contract