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Lecture 4

PHL400: Week 4 - (SEPT 24th) Aristotle, Cicero, and the Nature of Law.docx

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Ryerson University
PHL 400
Mark Clamen

PHL400-011: “Aristotle, Cicero, and the Natural Law” th Week 3: September 24 , 2013 - Nature in question is always human nature, not a naturalist fallacy - Only humans can be inhumane; you have to be a person to act like a person - What relationship does law have with justice? o Laws effectively borrow from this “higher” law; a law derived from our very humanity, and human truth o How do we handle intervening? Do we do it despite the sovereignty of that state? Or is the atrocity happening in the civil conflict enough to nullify the sovereignty of that state? - Justice, it turns out, is our natural state as human beings. The measure of rightness of a law, or action is not a product of our choice, justice is a norm - Modern notions of “natural political rights” and personal autonomy Aristotle (384BCE – 322 BCE) - Wrote about almost everything - Teleological: “aimed towards an end”; goal-oriented (all things are organized to end) - We all have reflections to the end; the “telos” of a thing, - “we all share a common end” -> incorrect, we do not all have the same goals - “eudemonia” translated as happiness, or blessedness, and the state of being well and doing well in being well; - Politics; literally “things concerning the polis” (the city, or its citizenry) o not an accidental or contingent of a certain class of people, just something that organizes every person in that city; man is “political animal”  evident that the state is a creation of nature, and that man is by nature is a political animal; a social instinct is implanted in all men by nature,… but when separated from law and justice, he is worst of all  man without state is arguable no longer human  Only beasts and angels have no need for a state, and man is neither  Language is our proof; a
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