Group 5 GREEK CONCEPT OF LAW A. Basic Categories of Philosophy a. Metaphysics b. Epistemology c. Ethics d. Teleology B. The Greek Philosophers A.

Socrates a. Way of Life b. Fundamental Principles B. Plato a. Concept of State b. The Republic c. Laws d. Theory of Forms C. Aristotle a. Concept of State b. Law as a regulator of human conduct c. Politeia (Politics) d. Nicomachean Ethics i. Concept of Good ii. Doctrine of the Mean iii. Hexis (Habit) iv. Virtues v. Law and Equity C. Conclusion

A. Basic Categories of Philosophy Metaphysics

This is a branch of philosophy which concern is the ultimate structure and constitution of reality which asks the questions such as, What is the world made of? and What is the ultimate substance of reality? which paves the way for searching for the true reality (materialism) and apparent reality (idealism). Epistemology This is a branch of philosophy which is known as philosophy of knowledge which determines whether or not a thing is real or not. This arises to two opposing approaches to the problem of knowledge : empiricism and rationalism. The former says that all knowledge comes from the senses while the latter says that knowledge is a matter of reason or thought. Ethics Ethics is a philosophical understanding of good and bad, right and wrong which is often called morality.1 Teleology From the Greek word telos, meaning end. It is a type of ethical theory that evaluates human actions according to their final causality or ultimate end which emphasizes a conception of the good as the source of moral value. One has a duty to perform, regardless of the consequences. However, some theories may not require one to perform certain actions because they are contrary to the good. Therefore, we have an obligation not to perform such actions.

B. The Greek Philosophers Socrates As a young man in battle, Socrates distinguished himself for bravery several times. He exhibited a daimon which is a sign or inner voice which issued prohibitory messages in periods of dazes (suggestive of epilepsy). He also considered himself as a gadfly annoying the State because of his profession of ignorance but said to have been exaggerated because of his presumptions which is known as the Socratic Irony. His irreverent cross-examination of prominent persons was not to humiliate them but to discover the truth with a view of finding the good life. He was found guilty of impiety and corruption of the youth among other accusations.2 Fundamental Socratic Principles a. The Unexamined Life is not worth living. One must seek knowledge and wisdom before private interests. Knowledge is a means to ethical actions. It is undignified, not really honourable, simply to live from day to day without ever asking oneself What am I doing here? Why am I living as I am? To be truly and completely human, Socrates thought, each man and woman must subject his or her life and
1 2

The Ancient Greeks, Part One: Pre-Socratics (Dr. C. George Boeree, 2002) The Ethics of Socrates (www.philosophy.lander.edu, 2009)

convictions to the test of critical self-examination. What is more, my means of this process of self-examination, one can achieve genuine happiness. b. There really are valid principles of thought and action that must be followed if we are to live good lives - if we are to be, at the same time, genuinely happy and genuinely good. These principles are objective - they are true for all men and women, whenever and wherever they may live. Some people are unjust, selfindulgent, obsessed with worthless goals, estranged from their fellow men and women, confused and blind about what is truly important. These people do not know that certain things are beneath notice, unimportant. They are terrified of shadows, incapable of living or dying with grace. Such people need to find the truth and live in accordance with it. c. The truth lies within each of us, not in the stars, nor in tradition, or in religious books, or in the opinions of the masses. Each of us has within, however hidden, the true principles of thinking and acting. In the end, therefore, no one can teach anyone else the truth about life. If that truth were not within you, you would never find it; but it is within you, and only relentless critical self-examination will reveal it to you. d. Although no one can teach anyone else about the fundamental principles of right action and clear thinking, some people-call them teachers, philosophers, godforsaken ask questions that prod men and women to begin the task of . These teachers may also be able to guide the process, at least in its early stages, because they have been over the same ground themselves and know where the pitfalls are.3 Plato Plato taught his students of the hierarchy of reality. Part from objects and entities that are observable to the physical senses there exist another timeless dimension of reality. This different sort of reality is concerned with other entities that yield only to the amazing power of abstraction of human mind.4 According to Plato in his ideal concept of the state, the state is the most perfect unit because it dominates all human activities. The State must promote good in any form so that justice could be achieved through the harmonious relation between various parts of the State. The Republic Plato advanced rational justice as the central theme of his concept of the law. Law is an instrument of doing justice in the state to preserve peace and harmony therein. Rational justice dictates that every individual in the state should attend to his or her own function whether he or she is a legislator, a judge, a soldier, a lawyer, a physician, a carpenter or whatsoever.5 Laws

Socrates Four Basic Principles of Philosophy (http://onesideals.blogspot.com/2012/02/socrates-four-basicprinciples-of.html, February 25, 2012) 4 Introduction of Legal Philosophy (Pascual, 2003) 5 Ibid.

According to Plato, the true function of law is to produce men who are completely good. However, laws that do not incline to this end are not laws.6 It broadly defines law as opinions of the future. The general name for these opinions is expectations. Some of the examples are the following: When the expectation is of pain, the opinions specific name is fear. When the expectation is of hope, the specific name is pleasure. When these opinions or expectations are embodied in a decree by the state, they are called Law.7 As for Plato, Man is a puppet of the gods: either plaything only or created with a purpose. Mans affections are like cords and strings where he is eing pulled in different ways and different directions. Among the cords, there is that one man who ought to grasp and he never lets the man go. Man ought to pull with it against all the rest. This sacred golden cord is reason, also called as the common law of the state.8 Theory of Ideal Forms Plato believes that there are two worlds. These two worlds consist of the perfect world of ideal forms (noumenal) and the imperfect world of appearances (phenomenal). The former is a source of all good, where absolute truth, beauty and justice reside. The latter is an ever-changing, illusory and trial-and-error world of appearances that imitates the former. These are shadows and poor copies of the former. By means of reason, wisdom (the ability to see the truth) and intelligence mankind may be given a glimpse of the perfect. These forms comprise what is ultimately real. They are eternal, timeless, unchanging archetypal patters existing in the realm of the perfect and independently of the mind. Thus, he believes that wisdom should rule above the law.9 Aristotle Aristotle is famous for his Nicomachean Ethics. This explains that: all supreme good is happiness the product of virtue. He further elaborates that the State is a perfect union which has for its purpose virtue and universal happiness. The State regulates the lives of the citizens by means of law. The adoption of the constitution is raised as the measure of all other laws which will be the common advantage of all.10 He describes Man as a social animal by nature. He explains that he can actualize his potential only within the matrix of the society. Aristotle looks at man as going through a social evolution from family up to the highest political organization known in his lifetime. Politeia treatise

6 7

Ibid. Legal Philosophy for Filipinos: A case study approach (Tabucanon, 2011) 8 Ibid. 9 Ibid. 10 Ibid.

It is mans nature to congregate in groups, and act as groups. The goal of the collective (aided by politics) is the same as that of the individual (aided by ethics): to achieve vitality, wellbeing and happiness eudaimonia. Concept of Good Goodness is for a thing to achieve that which is in accord with its nature. Full development of mans rational faculties, reason being the essence of man Doing something expressive of ones nature or essence promotes eudaimonia. Doctrine of the Mean Avoidance of the extremes by following the ethical principle of not having too much or too little To be good is to live a life in between two extremes of excess and deficiency Extremes vices Means virtues Virtues Dianoetic (Intellectual) and Moral (Practical) Dianoetic Consciousness and acceptance of the rational principles that guide moral conduct Intellectual activity where one becomes aware of the principles and concepts as well as see them in their combinations and relationships wisdom as by product (sophia)

Moral Persons reasoned control of his sensitive and appetitive life Practical wisdom (phronesis) or knowledge applied to everyday living or conduct Enables man to discover what is correct or proper action in a given situation. Helps a person to see the end of his conduct and finds a correct means to see such end. prudence, thoughtfulness, ability and intention to do the right thing. By product is a virtuous and ethical life11

11

Ibid.

C. Conclusion The problem of a nature of a thing is its effective development condition of actual fulfilment or complete realization. Human Beings true nature is not only having nutritive soul (primitive state) but also rational soul (fulfilled reality). In the case of law, its fulfilled reality is found in the achievement of the precepts of natural law in the legal order. 12 Therefore, mans governing rule or principle is the order of reason. In the case of law, both Plato and Aristotle regarded its true nature not in terms of its primitive condition but its final purpose or end the realization of justice and equity. On the other hand, Socrates believes in absolute justice. He inculcated in the minds of the students two principal considerations: (a) No person is intentionally bad or evil because of his understanding of justice. The failure to do what is just and avoid what is unjust is really due to morbid physiological appetites, mistakes, or even bad company. There is a distinction between absolute knowledge of justice (episteme) and mere opinion of justice (doxa); and (b) Only the temperate person knows himself or herself, and thus, able to bring his or her emotions under control: Know thyself. In relation to the gods, a temperate person will do what is virtuous and just, in relation to rights and obligations, a temperate person will do what ought and avoid what ought not, and in relation to other persons, a temperate person will act properly, patiently enduring when necessary. Thus, for Socrates, a temperate individual is a good, happy and sound person able to judge whether his or her acts and their consequences would be just and vicious.

12

Legal Philosophy (Pascual, 2003)