Ancient world
Aristotle
384–322 BC · Greece · Philosopher
1800 BCAD 2000
Life and ideas
Aristotle, a student of Plato and later the tutor of Alexander the Great, studied law as part of his study of how people can live well together. In the Nicomachean Ethics he divides justice into the distribution of honours and goods according to merit and the correction of wrongs by restoring a fair balance. He also argues that written laws, being general, sometimes give the wrong result in a particular case, and that equity is the correction of the law where its generality makes it fail. In the Politics he holds that the rule of law is better than the rule of any one person, since law is reason without passion, and he compares the constitutions of many cities. He distinguishes natural justice, which has the same force everywhere, from conventional justice, which depends on what a community decides. These distinctions are still the starting point of legal philosophy.
The big idea
Justice has two main kinds: distributive justice (a fair share of goods and honours) and corrective justice (putting right a wrong). Because rules are general, equity corrects them where they fail in a particular case. Some justice is natural, some is by convention.
Main work
Nicomachean Ethics; Politics
Legacy
The roots of ideas of equality, equity and the rule of law, and of the natural law tradition.
The school of thought
- Natural Law Theory: Law gets its force from morality: a gravely unjust rule is not truly law, or not fully law.
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