The Law To Know

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Ancient world

Aristotle

384–322 BC · Greece · Philosopher

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Read this first. These are short summaries of large lives and bodies of work, chosen to give a first map of legal thought, not a ranking. Dates are the standard ones, with 'c.' or 'active' where they are uncertain. We paraphrase and never quote, and each summary simplifies. Read the original works before you cite anyone. This is general information, not legal advice.

1800 BCAD 2000

Life and ideas

Aristotle, a student of Plato and later the tutor of Alexander the Great, studied law as part of his study of how people can live well together. In the Nicomachean Ethics he divides justice into the distribution of honours and goods according to merit and the correction of wrongs by restoring a fair balance. He also argues that written laws, being general, sometimes give the wrong result in a particular case, and that equity is the correction of the law where its generality makes it fail. In the Politics he holds that the rule of law is better than the rule of any one person, since law is reason without passion, and he compares the constitutions of many cities. He distinguishes natural justice, which has the same force everywhere, from conventional justice, which depends on what a community decides. These distinctions are still the starting point of legal philosophy.

The big idea

Justice has two main kinds: distributive justice (a fair share of goods and honours) and corrective justice (putting right a wrong). Because rules are general, equity corrects them where they fail in a particular case. Some justice is natural, some is by convention.

Main work

Nicomachean Ethics; Politics

Legacy

The roots of ideas of equality, equity and the rule of law, and of the natural law tradition.

The school of thought

  • Natural Law Theory: Law gets its force from morality: a gravely unjust rule is not truly law, or not fully law.
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