ARISTOTLE ON LAW AND JUSTICE
● Considered by many as the father of ‘natural law’.
● Aristotle was a student at Plato’s academy-revived philosophical education there-
entered at the age of 17 was there for 19 years.
● Strongly influenced by his teacher Plato-but departed from Plats idea in many aspects.
● Wrote or his authorship consists of 3 books: Nicomachean Ethics, The Politics and The
Rhetoric.
● His views of natural law and justice-centered around these 3 books.
● For Aristotle - Humans are both-political and social beings- to be human -is to live with
other humans and interactions.
● Aristotle’s ‘true’ meaning on natural law is based on “Rhetoric”.
● Aristotle’s definition of natural law: everything which is a principle of order within social
life- to the principles of customs, morals, manners and habits. For eg: dress attire in
someone’s funeral, visit to any holy or religious place
● He further says- virtues of courage, temperance and justice- are all based on law-and
are in accordance with the dictates of law.
● He further says- law is at work (function of law is )-when people submit to and feel bound
by propositions-deciding the worthiness or unworthiness of certain behaviour-within a
given community. Eg: Allan Turning and ‘homosexuality’
● For him -law is - a ‘norm’- norm written or unwritten is not important. As per him - ‘norm’ -
is of decisive character-fixed in some way and enacted.
● For him another function of law is - it facilitates social life.Did not talk about the
best/perfect State. For him State is based on law-as the only practical means of
achieving a good life.
● As per him- ‘ Man when perfected is the best of animals-but if he is isolated from the law
and justice-he is the worst of all’.
● For him 2 kinds of law exists: particular law and general law
● Particular law: law applied in particular state in administering justice-may be a written
law or unwritten law-restricted to only those people who enacted it.eg: Laws applicable
to Indian territory.
● General law: acknowledged and recognized by everybody-not confined to a particular
State- logically unwritten law-has universal applicability-law “according to nature”.Eg:
Universal laws - law of rhythm, laws of polarity etc.
● As per him-the dispute of written law vs. unwritten law - will always be there- and non
bridging gap.
● Pinpointed 4 distinct ways- ‘unwritten law’ can be used:
1. When actions in question are not within the purview of written law. Eg: distinction
between good habits and bad habits
2. Particular unwritten laws. E.g: time to sleep, time to act as per season change
etc.
3. Relationship of equity with unwritten law. As per him- certain conduct may be
‘illegal’ and still be ‘equitable’- and in situations- where the universality and
rigidity of legal rules may cause hardship in an individual case- he proposed to
cure such cases by means of equity. For him -equity is -rectification of law -as
law is defective- because of its generality- equity is -by putting reason above
