Philosophers on Justice and Law

Marcus Tullius Cicero

• Created "evil laws" (e.g., legalization of weed means bad laws).
• Considered the greatest in Roman history.
• Became "the enemy of the state" and was executed.
• Believed justice, right, equality, and fairness should underlie all laws.
• "There is nothing proper about what you are doing, soldier, but do try to kill me properly."

Aristotle

• Arguably the most influential philosopher.
• Founder of natural law (human nature and free will).
• Law did not originate from the divine.
• Beginning of human rights.
• Created the Lyceum, an academy that promoted logic and rationalism.
• "Poverty is the parent of revolution and crime."

Plato

• Questioned whether perfect justice could ever be achieved.
• Believed perfect justice was unattainable because humans are imperfect.
• Humans are best in stratified societies (gold, silver, bronze, and copper citizens).
• Guardians are born/trained philosopher warriors (mentally strong).
• Best rulers are benevolent ("doing it for the people").
• Laws cannot be black and white; need "circumstance."
• Politics are altruistic ("noble").

Socrates

• His writings come from his students Plato and Aristotle.
• Tried to figure out "why are we here?" (without considering gods).
• Refused to recognize the gods acknowledged by the state.
• Accused of corrupting the youth (trying to make them think).
• Founder of political philosophy.
• Used the Socratic method (series of questions to promote critical thought).

Thomas Hobbes

• Believed all humans were flawed.
• Man in a state of nature is ego-centric, evil, and ignoble.
• Lived during the English Civil War (no monarchy).
• Motivated by greed, competition, and egotism.
• Advocated against democracy preferring dictatorship.
• Believed humans are naturally evil, but it's our instinct for survival.
• Dictatorship provides civil peace & domestic tranquility.
• "Life in the state of nature is solitary, poor, nasty, brutish, and short".

John Locke

• Wrote after the Glorious Revolution (bloodless overthrow of James II) (2 essays).
• Man has natural rights: life, liberty, and property.
• Gov't duty is to uphold these rights (Social Contract).
• Lived during a time of monarchy, the opposite of Hobbes.
• Believed in democracy and the right to change government.
• Believed the government is for the people.
• "All mankind... being all equal and independent, no one ought to harm another in his life, health, liberty..."

Jean-Jacques Rousseau

• Evaluated man in a "state of nature".
• Believed people were "noble savages," initially good, but capable of greed in survival.
• "Born to be free yet everywhere in chains." - Laws limit freedoms.
• "General Will" = National concerns, values, attitudes, objectives (government pleasing the people).
• He supported the separation of church and state.
• "No man has any natural authority over his fellow men."

Jeremy Bentham

• Wants to end slavery and corporal punishment.
• Believed in Utilitarianism; laws should make citizens happy.
• Influenced by the horrific conditions of the Industrial Revolution (child labor and slavery).
• Advocated for the marginalized.

John Austin

• Professor of Jurisprudence.
• Influenced by Bentham.
• Created Legal Positivism theory; laws are commands issued by the government.
• Legal positivism: laws should only be followed if they are good laws.
• Excessive state power and technology are enemies of freedom.
• Ideals of socialism and communism.
• Ethics and morality should not determine law's justness.

John Stuart Mill

• Promoter of liberalism = social progress via changing laws (not revolution).
• Believed coercion is the opposite of liberty.
• Tolerances vs. Acceptance - Laws should prevent harm, not legislate morality.
• Supported freedom of speech and proportional representation.
• Advocate for the rights of women, education, and equality.

John Rawls

• Believed justice is fairness.
• Legal system must be impartial (can't base decisions on wealth or status).
• Justice system needs a "Veil of Ignorance" – everyone treated equally.
• Important political philosopher after World War II.
• Rule of Law: everyone treated the same under the law.

Noam Chomsky

• Doesn't like either political party.
• Media is used by the powerful to gain consent from the masses.
• Social media amplified this effect.

Jurisprudence

• Understanding subcategories of modern law.
• Derived from Latin and means "knowledge or skill in the law." (originally meant).
• The "science of law" (today): deals with applying legal doctrine.
• Recipe for law & justice; many interacting ingredients to form a modern system.

Law in Ancient Times (Nomadic/Neolithic)

• Pre-history: before written history.
• Nomadic lifestyle: constant food search.
• Tribal communities: oral tradition; survival-based laws.
• Neolithic Revolution: settled farming, led to surpluses and more people needing laws.

The Code of Hammurabi

• Ancient Babylonian king.
• Codified laws; over 300 laws dealing with business, trade, and ownership.
• Patriarchal legal code; focused on retribution.
• Codified laws were displayed in public places (e.g., marketplaces).

Mosaic Law

• Given to Moses by God.
• Foundation for laws across the globe.
• Introduced circumstances to laws (e.g., mitigating or aggravating factors).

Dark Ages and Canon Law

• Church laws (aka canon law).
• During the Roman Empire's fall (no technology).
• Catholicism became the intellectual leaders.
• Monks preserved knowledge; formed a basis for influencing positive laws.

British Roots

• From Great Britain.
• Customary laws and court systems.
• William the Conqueror.
• Introduced the feudal system (landlord system).
• Feif: piece of land.
• Vassal: tenant who pays landlord with services.
• Landlords judged civil fights; controlled all power in the land.
• Trial by combat: person could choose a champion to fight on their behalf.
• Trial by ordeal: divine determination of guilt or innocence.

Development of Courts

• King Henry the first: created "court order".
• Members of his council (most trusted) presided over important cases.
• London court became established – "King's Bench" (less critical cases).
• Power shifted from landlords to the King.
• Common Pleas court; sent judges to various areas to deal with cases.

The Magna Carta

• King John forced to sign.
• Introduced Habeas Corpus and due process (innocent until proven guilty).
• Established "rule of law"—no one is above the law.

Development of Parliament

• King Henry III forced to create a "Great Council."
• Barons and lords formed initial Parliament.
• Representatives controlled the Treasury.
• Viewed as the beginning of English democracy.

Stare Decisis

• Previous court rulings are considered when similar legal arguments are presented.
• Courts align their decisions with prior similar cases.

Explore the ideas of Cicero, Aristotle, and Plato on justice, law, and human rights. Understand their perspectives on the interplay between morality and legal systems. Delve into their philosophical legacies and how they shaped the understanding of law in society.