The account of Natural Law, which begins with the Roman idea of a universal system of laws, is in fact dependent not merely on stoic cosmopolitanism, but also on the earlier Greek discovery of the idea of nature. The Greeks allowed two kinds of distinction that were important in the subsequent development of the theory of natural rights, in the first place, an ideal world constructed on rational principles from a theory of nature could be set alongside the real one permitting criticism of the mundane and not mere conformity to what was customary. Secondly, it meant that what was general could be set apart from what was particular. It was this idea of the nature that Antigone appealed in defiance of king Creon’s edict that her brother Polynices should remain unburied on the battle field because he had fought traitorously against his own city. And it was an appeal that showed the incompleteness of the moral community of the polis which was the subject of classical political theory.
In treating justice, as a quality that existed in a whole community, a polis, Plato and also Aristotle, had subordinated the good of the individual to that of the state, and allowed him no appeal beyond the polis to any wider notion of community.
Stoic doctrine, reflecting no doubt in the Greek period the hellenization of much of the world by Alexander the Great, and in the Roman period the imperial integration of diverse cultures, broke open the enclosed community of the polis and upheld the individual as an independent moral agent. The master concept making this development possible, was that of reason yoked to nature. The stoic ideal of living agreeably’ to nature had an external and an internal aspect from the point of view of the individual. It sup...
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...a right as a power over possession, but also the equally modern idea of a right as something which imposes a duty on others. This allows the notion, absent from classical Roman law, of law as a system of rules connecting up rights and duties.
If the reciprocity of rights and duties means that the content of the law can be got at just as easily from either and of a legal relationship, it is the Dutch jurist Grotius in the 17th Century who suggests that we should make a habit to start with rights. In his work, it has been said, the law of nature becomes ‘respect one another’s rights’. Then his contemporary Hobbes pushes the idea of right beyond legal restraint by calling it a liberty to do or to forbear-contrasted with law, ‘which bindeth to one of them’ and allowing, in the form of a right of nature anything which is necessary to an individual’s self preservation.
Creon’s laws are flaw, harsh and immoral, they take on the ‘gods who live forever’ (788), up to the point were his actions ‘seize [his] good mind,’ (791) and deprive him of moral thought. Creon’s restrictive democracy motivates Polynecie’s sister Antigone, who...
Sophocles' Antigone is, at its simplest, a tragedy of conflict and misunderstandings. In the play, the laws of the gods are set up against the laws of man, and the two appear irreconcilable as the values are upheld by equally opposing characters, Creon and Antigone respectively. Indeed, Wilkins and Macleod decide that in Antigone `not only is there conflict, there is also a refusal even to recognise the other's point of view' (23). Thus Chorus significantly warn against the pursuit of extremes and sing about the need for men to reconcile human and divine law:
In conclusion three notions of justice developed in Book I of The Republics of Plato are outlined in On Justice, Power and Human Nature. Justice is viewed as telling the truth and paying debts, doing good to friends and harm to enemies, and the advantage of the stronger.
It is generally held that the tragic essence of Antigone lies in the state’s brutal suppression of individual emotions and humanity. However, it is not only individual emotions and humanity, but also family honor and responsibilities that Antigone tries to defend and fulfill. So it is not completely true that what Antigone stands for is timeless and universal justice. The tragic conflict of the play consists in the extremist attitude Creon and Antigone hold towards the state law and the family honor. The fundamentalist ideas of the state ...
Aeschylus’s trilogy The Oresteia features turmoil in the house of Atreus following the Trojan war. After a cycle of violence presents itself, Aeschylus’s intended audience learns of the dichotomy between the “old gods” and the “new gods”. Where the original set of the divine believe in individual justice and seeking reparations for those who do wrong no matter what, the newer gods prefer justice by means that emulate the legislative process. Furthermore, in John Locke’s Second Treatise of Government, the “state of nature” of the human race is outlined; in a state where no civil system exists, beings under the state of nature live in perfect equality with only the fundamental urge to preserve their own species. This state of nature exists until
Just as in the modern society to which we live, where everyone feels justice has a different meaning, the society of Plato also struggled with the same problem. In this paper, I will look into the Republic, one of the books of Plato that resides heavily on defining an answer to the meaning of Justice, and try to find an absolute definition. I will also give my opinion on what I personally think justice is. During the time Socrates and his fellow citizens spent looking for a definition, they came across many different examples. Well-known Athenians, such as Polemarchus, bring out their own definitions of what justice is, with examples like Justice is "Doing the right thing, or "Giving everyone his due.
This is the Stoic doctrine of the
In Sophocles’ Antigone, the most prominent theme is the concept of divine law versus human law. The play opens with the debate between the sisters Antigone and Ismene concerning which law comes first- the devout obligations of citizens, or civic duty. Antigone requests for Ismene to assist her in burying their brother Polyneices, though the new king Creon, has prohibited burial on pain of death. It can be argued that Creon’s edict, which deprived Polyneices of his funeral rites, is understandable. The young man had been killed perpetrating the most atrocious crime of which a citizen could be guilty, and Creon, as the responsible head of state, naturally supposed that exemplary punishment was the culprit’s right...
One major theme in Antigone is the abuse of power. Creon and Antigone cause doom to their lives as they display resistance to power. The two characters attempt to override divine law with the law of the states, which leads to ruin. Creon, displaying a resistance to moral law, denies Antigone the opportunity and rightfulness to bury her brother, Polynices. This is due to Polynices’ rebellion against Creon, the King of Thebes. Antigone serves as a threat to the status quo. She gives up her life out of her commitment to principles above human law—moral law. Creon believes that the laws created by the King must be obeyed no matter how big or small they are. Creon argues that the law created by the King is the platform for justice. On the other hand, Antigone feels that there are unjust laws, despite who made them. She believes she has a moral obligation t...
More specifically, Stoicism is a moral guide for humans. Though nature is absolute and perfect through God, the human thought is the one and only feature of life that is controlled and changed by people. Humans have the ability to reason and to know that everything in life is determined. For every event that they encounter, humans are able to acknowledge the fact that it is a part of their life plan. Therefore, a person can control whether he/she accepts that the action is unchangeable. Many humans think that they have a choice for all that they do and all that happens to them. But in Stoic reality, natures plan has one path with no possible differences. Thus, good is not defined by what a person does; but, by a per...
Within two classical works of philosophical literature, notions of justice are presented plainly. Plato’s The Republic and Sophocles’ Antigone both address elements of death, tyranny and immorality, morality, and societal roles. These topics are important elements when addressing justice, whether in the societal representation or personal representation.
Natural law can be considered the ‘morally correct’ approach to authority and justice. It is the idea that one should make decisions based upon what they deem morally appropriate within themselves. Antigone’s support of this approach is apparent in her refusal of Kreon’s order when she buries Polyneices anyway. She loves Polyneices and believes in her heart that there is no other alternative. She is aware that by burying him she would be breaking the law and risking her own life for it. “I will bury him myself. If I die for doing that, good: I will stay with him, my brother; and my crime will be devotion” (87-90). To her this is the only morally acceptable solution. Her support of Natural law resolves her to perform what she believes in her heart to be right, casting aside any social and political upholding that prove to be opposition.
Stoicism was popularized by the Roman elite of the Late Republic, and it appealed to the elites especially because it provided teachings on how to deal with strife. During the civil war between Pompey the Great and Julius Caesar and the resulting power vacuum after Caesar's assassination, the chaos and violence caused a desire for an...
Philosophers of law “represent ancient, historical, and contemporary philosophies and all have influenced jurisprudence and contemporary legal thought in North America” (Blair, 2004). Plato, Socrates, and Aristotle have promoted their beliefs to a global scale, leaving an impact to this day. Jurisprudence, justice, and ethics have played a major role in these philosophers work which can be seen through their principles of natural law. “Natural law supporters assume that it is human nature to be good, that all people strive to be good, and that goodness is essential to our well-being” (Blair, 2004). Socrates did not produce any legal writings, however, his approach to the law can be seen through Plato’s Dialogues.
In her article ‘From Citizenship to Human Rights: The Stakes for Democracy’ Tambakaki notes that apart from playing a political role, human rights are in principal moral and legal rights. Like moral norms they refer to every creature that bears a human face while as legal norms they protect individual persons in a particular legal community (pp9).