ARISTOTLE

BIOGRAPHY 384 BCE Stagirus, Chalcidice Proxemus Platos Academy (20 years) Mysia Phillip II and Alexander the Great Father of Natural Law

BIOGRAPHY

Lyceum
Peripatetic School (Greek, peripatein to walk about) Empiricist Died in 322 BCE

LEGAL PHILOSOPHY ON NATURAL LAW

Aristotle argued that everything has a purpose or goal to which it aimed. The aim of life is to fulfill your essence. He describe good at which everything aims. Something good is somehow perfective and completing of a being. Happiness is the basic good, which makes everything else worthwhile.

LEGAL PHILOSOPHY ON NATURAL LAW A person can enjoy the good life by fulfilling his or her essential nature, and doing it within the society. Man is a thinking animal. Reason was not just the ability to think logical thoughts, but of living the good life in line with the principles of reason.

LEGAL PHILOSOPHY ON NATURAL LAW Reason is not just about understanding, but also about how to act: Ethics. Aristotle regards intellectual reasoning as the highest of all human activities for man is essentially a thinking animal. Morality is based on reason.

LEGAL PHILOSOPHY ON NATURAL LAW Law is reason unaffected by desire. Human reason. beings are essentially

LEGAL PHILOSOPHY ON NATURAL LAW Aristotle believed that there were abstract truths, natural laws, in response to which men formed positive laws. It is important to recognized the distinction between natural law and positive law

LEGAL PHILOSOPHY ON NATURAL LAW

Thomas Aquinas: Natural right Rhetoric Nicomachean Ethics, Aristotle said that all supreme good is happiness, the product of virtue. The state is a perfect organic union which has for its purpose virtue and universal happiness. Natural law and

LEGAL PHILOSOPHY Public and private laws  Aristotle distinguishes law from constitution. Law can only give guidelines and cannot settle in advance future disputes.

LEGAL PHILOSOPHY

Aristotle holds that states and  their laws vary and may depend on the character of the people

CICERO, MARCUS TULLIUS

BIOGRAPHY
Born on January 3, 106 BC Murdered on December 7, 43 BC Arpinum to Rome Law, 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
Having held office made him a member of the Roman Senate Cicero became a consul in 63 BCE Cicero was exiled On the Orator, On the Republic, and On the Laws Caesar became the first Roman Emperor Antony, Lepidus, and Octavian Marcus

LEGAL PHILOSOPHY
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 of choice 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

Justinian Code
Public Law:
Law for government Private Law: Law for individuals composed of Natural Law, Law of Nations, and Civil Law

Natural Law

Law of Nations

Civil Law

"The law of nature is that law which nature "[T]he law which natural "The law which a teaches to all animals. For this law does reason appoints for all people makes for its not belong exclusively to the human race, mankind obtains equally own government among all nations, belongs exclusively to but belongs to all animals, whether of the earth, the air, or the water. Hence comes because all nations make that state and is called use of it." the civil law, as being the union of the male and female, which the law of the particular we term matrimony; hence the procreation state." and bringing up of children. We see, indeed, that all the other animals besides men are considered as having knowledge of this law."

Justinian Code
"Civil law is thus distinguished from the law of nations. Every community governed by 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 the laws which are common to all mankind."

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."

Justinian Code
"The laws of nature, which all nations observe alike, being established by a divine providence, remain ever fixed and immutable. But the laws which every state has enacted, undergo frequent changes, either by the tacit consent of the people, or by a new law being subsequently passed."

LEGAL PHILOSOPHY
De Legibus(On the Laws, 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 natural law 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 universal application, 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.

LEGAL PHILOSOPHY Ciceros De Officiis (On Duties, 44 B.C.)M-M the chief purpose in the establishment of states and constitutional 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 and undisturbed control of his own property.

LEGAL PHILOSOPHY
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.

LEGAL PHILOSOPHY 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 the tranquility and happiness of human life."

LEGAL PHILOSOPHY 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 republic in which persuasion rather than violence is the instrument of political power

LEGAL PHILOSOPHY
Cicero argues that natural world exhibits a divinely ordained and rationally intelligible order that can be codified in legislation and provides the ultimate tribunal for all positive laws. Mankind perfects their own nature by following Gods and Mans law, and when these principles are not respected, human nature is degraded.

LEGAL PHILOSOPHY
Cicero defended a universal human community beyond ethnic differences and a natural that is the same everywhere and immutably binds every human and every nation. 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.

LEGAL PHILOSOPHY
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 the legislator, the dictates of people or the decisions of judges.

LEGAL PHILOSOPHY
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 just and what is good for humanity.