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ARISTOTLE
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384 BCE
Stagirus, Chalcidice
Proxemus
PlatosAcademy (20 years)
Mysia
PhillipIIandAlexanderthe Great
Fatherof NaturalLaw
BIOGRAPHY
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Lyceum
PeripateticSchool (Greek,peripatein towalkabout)
Empiricist
Diedin 322 BCE
BIOGRAPHY
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Aristotle argued that everything has apurpose or goal to which it aimed.
The aim of life is to fulfill your essence.
He describe good at which everythingaims. Something good is somehow
perfective and completing of a being.
Happiness is the basic good, whichmakes everything else worthwhile.
LEGALPHILOSOPHYON NATURAL
LAW
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A person can enjoy the good life byfulfilling his or her essential nature,
and doing it within the society.
Man is a thinking animal.
Reason was not just the ability tothink logical thoughts, but of livingthe good life in line with the
principles of reason.
LEGALPHILOSOPHYON NATURAL
LAW
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Reason is not just aboutunderstanding, but also about how
to act: Ethics.
Aristotle regards intellectualreasoning as the highest of allhuman activities for man isessentially a thinking animal.
Morality is based on reason.
LEGALPHILOSOPHYON NATURAL
LAW
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Law is reason unaffected by desire.
Human beings are essentially
reason.
LEGALPHILOSOPHYON NATURAL
LAW
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Aristotle believed that there were
abstract truths, natural laws, in
response to which men formedpositive laws.
It is important to recognized thedistinction between natural law and
positive law
LEGALPHILOSOPHYON NATURAL
LAW
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Thomas Aquinas: Natural law andNatural right
Rhetoric
Nicomachean Ethics, Aristotle saidthat all supreme good is happiness,the product of virtue. The state is aperfect organic union which has for itspurpose virtue and universal
happiness.
LEGALPHILOSOPHYON NATURAL
LAW
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Public and private laws
Aristotle distinguishes law from
constitution.
Law can only give guidelines and
cannot settle in advance future
disputes.
LEGALPHILOSOPHY
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Aristotle holds that states and
their laws vary and may depend
on the character of the people
LEGALPHILOSOPHY
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CICERO,MARCUS TULLIUS
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Born on January 3, 106 BC
Murdered on December 7, 43 BC
Arpinum to RomeLaw, Philosophy and Rhetoric
He emerged as a great author and speaker
Cicero aimed to be a defense attorney as the
best bet for success in politics
He studied philosophy with the Athenian
Antiochus, who reflected Stoic influence,
BIOGRAPHY
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Having held office made him a member of
the Roman Senate
Cicero became a consul in 63 BCECicero was exiled
On the Orator, On the Republic, and On the
Laws
Caesar became the first Roman Emperor
Antony, Lepidus, and Octavian
Marcus
BIOGRAPHY
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The Romans excelled in the codification of law
but the philosophical basis was derived from the
Greeks.
According to Cicero, law is not a product ofchoice but is given by nature.
There is eternal law which is an expression of
universal reason. Equity and natural law are
factors in an ideal law. The contribution of the Romans to jurisprudence
is the formulation of codes.
Justinian code
LEGALPHILOSOPHY
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Justinian Code
PrivateLaw:
Law for individuals
composed ofNatural Law, Law of Nations, and Civil Law
NaturalLaw
"The law of nature is that law which nature
teaches to all animals. For this law does
not belong exclusively to the human race,
but belongs to all animals, whether of the
earth, the air, or the water. Hence comes
the union of the male and female, which
we term matrimony; hence the procreation
and bringing up of children. We see,
indeed, that all the other animals besides
men are considered as having knowledge
of this law."
LawofNations
"[T]he law which natural
reason appoints for all
mankind obtains equally
among all nations,
because all nations make
use of it."
CivilLaw
"The law which a
people makes for its
own government
belongs exclusively to
that state and is called
the civil law, as being
the law of the particular
state."
PublicLaw:Law for government
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Justinian
Code
"Civil law is thus distinguished from the
law of nations. Every community governedby laws and customs uses partly its own
law, partly laws common to all mankind. . .
. The people of Rome, then, are governed
partly by their own laws, and partly by thelaws which are common to all mankind."
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Justinian
Code
Nations have established certain laws, as
occasion and the necessities of human life required.Wars arose, and in their train followed captivity and
then slavery, which is contrary to the law of nature;
for by that law all men are originally born free.
Further, by the law of nations almost all contracts
were at first introduced, as, for instance, buying and
selling, letting and hiring, partnership, deposits,
loans returnable in kind, and very many others."
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De Legibus(On the L a w s , 52 B.C.) - Cicero talked about
the supreme law which existed through the ages, before
the mention of any written law or established state. The
human mind grasps that fundamental law and derives from
it the rules of right and wrong. Thus, the effective naturallaw for human is the mind and reason of the prudent
mind.
De Republica (The Republic, 51 B.C.) - True law is right
reason in agreement with nature; it is of universalapplication, unchanging and everlasting . . . there will not
be different laws at Rome and at Athens, or different laws
now and in the future, but one eternal and unchangeable
law will be valid for all nations and all times, and there will
be one master and ruler, God, over us all, for he is the
author of this law, its promulgator, and its enforcing judge.
LEGALPHILOSOPHY
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Ciceros De Officiis (On Duties, 44
B.C.)M-Mthe chief purpose in the
establishment of states andconstitutional orders was that individual
property rights might be secured . . . it
is the peculiar function of state and city
to guarantee to every man the free andundisturbed control of his own property.
LEGALPHILOSOPHY
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The essential justice that binds human
society together and is maintained by one
law is right reason.
Cicero declared that government is like a
trustee, morally obliged to serve society.
The highest human achievement lies in the
effective use of knowledge for the guidance
of human affairs.
LEGALPHILOSOPHY
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For Cicero, natural law obliges us to
contribute to the general good of the
larger society.
The purpose of positive laws is to
provide for"the safety of citizens, the
preservation of states, and thetranquility and happiness of human
life."
LEGALPHILOSOPHY
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The highest human achievement lies in
the effective use of knowledge for the
guidance of human affairs.
Cicero associates this idea to free
society-
that is, a constitutional republicin which persuasion rather than
violence is the instrument of political
power
LEGALPHILOSOPHY
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Cicero argues that natural world exhibits a
divinely ordained and rationally intelligible
order that can be codified in legislation andprovides the ultimate tribunal for all positive
laws.
Mankind perfects their own nature byfollowing Gods and Mans law, and when
these principles are not respected, human
nature is degraded.
LEGALPHILOSOPHY
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Cicero defended a universal human
community beyond ethnic differences and a
natural that is the same everywhere and
immutably binds every human and everynation.
Cicero said, there is only one principle by
which men may live with one another, and
that this is the same for all and possessed
equally by all.
LEGALPHILOSOPHY
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To Cicero, equality is moral obligation, every
human must be conceded some dignity and
respect since we are all part of the
humankind.
Cicero does not accept that the principles of
justice are founded on the rules of thelegislator, the dictates of people or the
decisions of judges.
LEGALPHILOSOPHY
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The principles of natural law are the basic
pillars that inspire the laws and norms by
which a nation is governed, and in so doing
avoid the failure of the legal system.
Ciceros life has illuminated two thousand
years of fight for what is ethical, what is justand what is good for humanity.
LEGALPHILOSOPHY
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