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  • Philaw

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    darna
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    This document discusses perspectives on whether law is necessary from philosophers and thinkers from both Eastern and Western traditions, as well as from Christian Church fathers and modern anarchists. It notes that Eastern philosophers generally believed that law is necessary due to human nature being initially evil or passionate, while some Western philosophers argued that in more primitive or ideal states, law may not have been necessary. However, most Western philosophers acknowledged that as societies became more complex, law was needed to maintain order and stability. Christian Church fathers also viewed law as a necessity to curb human sinful nature. While some modern anarchists believed education and voluntary cooperation could replace law, most acknowledged that even simple societies require some system of rules.

    Исходное описание:

    Idea of Law

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    This document discusses perspectives on whether law is necessary from philosophers and thinkers from both Eastern and Western traditions, as well as from Christian Church fathers and modern anarchists. It notes that Eastern philosophers generally believed that law is necessary due to human nature being initially evil or passionate, while some Western philosophers argued that in more primitive or ideal states, law may not have been necessary. However, most Western philosophers acknowledged that as societies became more complex, law was needed to maintain order and stability. Christian Church fathers also viewed law as a necessity to curb human sinful nature. While some modern anarchists believed education and voluntary cooperation could replace law, most acknowledged that even simple societies require some system of rules.

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    © All Rights Reserved
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    53 просмотров3 страницы

    Philaw

    Загружено:

    darna
    This document discusses perspectives on whether law is necessary from philosophers and thinkers from both Eastern and Western traditions, as well as from Christian Church fathers and modern anarchists. It notes that Eastern philosophers generally believed that law is necessary due to human nature being initially evil or passionate, while some Western philosophers argued that in more primitive or ideal states, law may not have been necessary. However, most Western philosophers acknowledged that as societies became more complex, law was needed to maintain order and stability. Christian Church fathers also viewed law as a necessity to curb human sinful nature. While some modern anarchists believed education and voluntary cooperation could replace law, most acknowledged that even simple societies require some system of rules.

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    © All Rights Reserved
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    из 3

    Alessandra Sabrina M.

    Pinili 1-C

    Is Law necessary?
    Yes but No

    Philosophers (east) 1. Legists 1. Seneca (YES but)


    - Mans nature initially evil - No need for law back when men
    - The good in man are due to social still possessed primitive innocence,
    environment: teachings of rituals BUT NOW men are avaricious
    and restraints of penal laws (greedy)
    - Ex. Of governing maxim: - Laws had to be created to control
    their rulers and prevent tyranny
    A single law, enforced by severe 2. Ovid
    penalties, is worth more for the - Man didnt need the law during the
    maintenance of order than all Golden Age; just uncorrupted
    words of the sages reason and conscience

    2. Shastra
    - Men are by nature passionate and
    covetous that if left to themselves,
    the world would develop a devils
    workshop, where the logic of the
    fish would reign: Big ones would
    eat the Little ones

    Philosophers (west) 1. Elliot Smith 1. Adam Smith (YES but)


    - Human History - Favored the use of coercive law in
    - Natural man is innately good and order to protect private property,
    peaceful; Civilized man is full of which is indispensable in a free
    envy, malice and uncharitableness market
    - Object of the above mentioned is - Laissez-Fairs under arching
    an artificial aim doctrine: government and law
    2. Bodin were in principle evil in so far as
    - The original state of man was one they constricted/distorted the
    of disorder, force and violence natural devt of the economy and
    3. Hobbes the society
    - The life of primitive man was a
    state of perpetual warfare, where
    individual existence was brutish,
    nasty, and short
    4. Hume
    - Without law, government and
    Alessandra Sabrina M. Pinili 1-C

    coercion, human society cannot


    exist
    5. Aristotle
    - Mans nature might be corrupt and
    sinful but he still possessed a
    natural virtue which was capable
    of development
    6. Machiavelli
    - men are naturally bad and wont
    observe their faith towards you, so
    you must, in the same way, not
    observe yours to them
    7. Rousseau
    - Proponent of the social contract
    theory (people give up certain
    rights in exchange for
    governments protection)
    - Believed that men in their natural
    state are innocent but civilization
    corrupted them
    8. Freud
    - To control peoples behavior
    (sexual desires)

    Christian Church Fathers 1. Augustine


    - Law is a natural necessity to curb
    mans sinful nature
    2. Aquinas
    - State was not a necessary evil but
    a natural foundation for
    development of human welfare

    Modern Day Anarchists 1. Plato (YES but) 1. Godwin


    - Proposed an inflexible and - Held that voluntary cooperation
    rigorously enforced legal system in and education would enable all
    his late dialogue, The Laws law to be abolished
    - education can provide a royal - coercive institutions and
    (rulers) road to wisdom ignorance hamper mans
    inherently unlimited progress
    2. Herbert Read - evil in society not from mans evil
    - Anarchy mean a society without a nature but from oppressive
    ruler, not laws human institutions
    Alessandra Sabrina M. Pinili 1-C

    - Even the simplest form of society - Political Justice


    needs some system of rules 2. Bakunin & Kropotkin
    - Believed that the principle of
    mutual aid would replace the
    miseries of the coercive
    community
    - the state, law, coercion and
    private property are the enemies
    of human happiness and welfare
    3. Tolstoy
    - property is wrongful, and the
    police and the law-courts are part
    of an immoral regime of
    coercion
    - Tolstoyism induced men to
    believe that no fixed code or seat
    of judgment should exist, and the
    only people who will be able to
    get on decently will be those who
    follow a traditional way of life
    4. Karl Marx
    - Wanted to overthrow the
    capitalist society by a violent
    revolution of the oppressed
    proletariat
    - Viewed law as nothing but a
    coercive system devised to
    maintain the privileges of the
    property owning class
    - Prospective visa-a-vis Golden
    Age, when social harmony will
    be naturally attuned to the
    goodness of man unimpeded by
    such environmental snares such
    as the institution of private
    property

    1. (Freud)

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