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2 - Aristotle

Published online by Cambridge University Press:  22 September 2009

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Summary

Aristotle, like Plato, understood the character of law by analogy with a conception of the universe as a cosmos in which the elements of disorder are reduced to unity by reason. Just as reason governs the soul of a human being, so law is the source of order in communal life: “He who commands that law should rule may thus be regarded as commanding that God and reason alone should rule; he who commands that a man should rule adds the character of the beast. Appetite has that character; and high spirit, too, perverts the holders of office, even when they are the best of men. Law [as the pure voice of God and reason] may thus be defined as ‘Reason free from all passion.’” Moreover, Aristotle made the distinction between arbitrary government and the rule of law the foundation of his analysis of the varieties of political life. The manner of selecting the ruler or of apportioning offices was for him secondary to the question: Are all public decisions subject to rules of law? Monarchy, aristocracy, and politeia are all legitimate forms of government, Aristotle says, because they are all ruled by law, but a democracy, where the majority decide as they please from one moment to the next, is just as tyrannical as rule by one man without law because in both there is the same subjection to arbitrary will.

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Publisher: Cambridge University Press
Print publication year: 2005

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  • Aristotle
  • Shirley Robin Letwin
  • Book: On the History of the Idea of Law
  • Online publication: 22 September 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511490613.004
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  • Aristotle
  • Shirley Robin Letwin
  • Book: On the History of the Idea of Law
  • Online publication: 22 September 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511490613.004
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Aristotle
  • Shirley Robin Letwin
  • Book: On the History of the Idea of Law
  • Online publication: 22 September 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511490613.004
Available formats
×