What Did Aristotle Mean By Legal Justice

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Aristotle’s main term for “law” is the noun nomos (plural nomoi).Related expressions are kata ton nomon, “according to the law,” nomikos, “legal,” and nomimos, “lawful.”The noun nomimon can also have the sense of “statute.” In contrast, para ton nomon signifies “against the law,” and paranomos means “illegal” or “unlawful.”

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Whether or not the model enunciated in the previous section of this article would have been accepted by Aristotle, the distinction between the kind of law …

1. Author: Allan Beever
2. Publish Year: 2004

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tremes. Similarly, a just law is the ideal mean "8 between the two extremes of defect and excess.'9 6 It the basis of all "legal Justice," since Aristotle himself makes the definite assertion that the common welfare of a political- ly organized society depends primarily upon "moral Jus-tice," which alone preserves happiness.2 Nor, on the other hand, does "moral …

1. Author: Anton-Hermann Chroust, David L. Osborn
2. Publish Year: 1942

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“In matters where ‘legal justice’ can be required to conform to ‘natural justice,’ the ‘divine’ element in men that gives each person natural knowledge of this higher justice would seem to give every person the right to refuse … to observe an ‘unjust’ law.” However, Aristotle “unequivocally denies both that legislating is merely a matter of enacting a pattern discovered

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Aristotle’s Theory of Justice! The entire Greek political thought revolves around the important concept of justice. This is an abstract concept and is difficult to define it in fixed terms, as it is viewed differently by different thinkers. But for Aristotle, justice is of two types, viz., universal justice and particular justice. The former refers to obedience to laws—that one should be

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Justice is the mean state of people having what they deserve. Injustice occurs when people have either too much or too little. Following Aristotle’s definition of justice, a theft of one hundred dollars would result in the thief’s gain of one hundred dollars and the victim’s equal and unjust loss of one hundred dollars.

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The introduction to Aristotle’s Politics discusses the importance of law to Aristotle who believes that there needs to be a distinction between a government and its laws and where decisions are made by the majority. However, Aristotle shows concern over any government that lacks laws. The reasoning for having laws is that they are a way to keep power in check. …

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It almost seems as though it should come first, defining “justice” as Aristotle is using it here, so that this section would mean something like this: Legal justice is the discrimination of the just and the unjust. It is a human convention, and must …

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This does not mean, however, that no sense at all can be made of it. I Aristotle's Terminology: Natural Justice, Legal Justice and Political Justice One point of central importance to note about this passage is that in it Aristotle appears to refer to three different types of justice. These are what he calls 'political justice' (πολιτικον δίκαιον, politikon dikaion), natural

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Aristotle's conception of justice pervades the law and heavily influenced the Anglo-Saxon court system to this day. Yet, the mark of a hero in Greek tragedy is his tragic flaw. Aristotle was not only a great scientist. He was also racist, sexist and homophobic - he thought slavery was natural and good. This tragic flaw in Aristotle's work has distorted all of western …

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Equitable Justice is that kind of justice which Aristotle postulated as being a form of justice superior to legal justice. Realizing that the "universality" (generality) of the law sometimes gave rise to injustices, Aristotle postulated equity, which was to function, though the judge, as a "correction of the law where it is defective owing to its universality." (NE 421) But Aristotle

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Legal justice is that which is just according to law; it ought to be in accordance with natural justice. These distinctions in types of justice are similar to the distinctions made in the philosophy of Thomas Aquinas. Aquinas states that the positive law that is, the law as written by the state must be in accordance with the natural law, which is universal and unchanging. …

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Aristotle’s doctrine of the mean is sometimes dismissed as an unhelpful and unfortunate mistake in what would otherwise be — or perhaps, in spite of this lapse, still is — a worthwhile enterprise. Bernard Williams, for example, clearly regards it thus: Aristotle’s…views on [virtue] are bound up with one of the most celebrated and least useful parts of his system, the doctrine of the

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The state is defined by Aristotle as “a body of citizens sufficing for the purposes of life.”[3] In order to determine what is and what is not the act of a state, Aristotle first enquires into the question of what determines the identity of the state. Clearly it does not consist in the identity of place and inhabitants. “It is true that as the essence of a thing consists in general not

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When discussing distributive justice, Aristotle says, “For everyone agrees that justice in distribution must be in some accordance with some kind of merit, but not everyone means the same by merit; democrats think that it is being a free citizen, oligarchs that it is wealth or noble birth, and aristocrats that it is virtue.”

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ARISTOTLE AND THE CONCEPT OF LAW1 W. VON LEYDEN 'OCKHAM'S RAZOR' o, r what may be called the principle of homo-geneity, is a widely used and recommended methodological device. It demands that the number of principles of explanation must not be unnecessarily increased, 'entia praeter necessitatem non sunt multiplicanda'. This 'principle of parsimony', as …

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The chapter thus proceeds from the assumption that a precondition for any adequate assessment of Aristotle’s status as a natural law theorist is a close analysis of the V.7 discussion of natural justice. Such an investigation, the main concern of section 1, reveals that Aristotle’s characterization of the politically just as partly natural and partly conventional does indeed …

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Frequently Asked Questions

What does aristotle say about the law of justice?

When we check Aristotle's statements we see quite another pic- ture. No one has a right to be judged by any other standard than justice. Hence Aristotle does not suggest that in certain cases the court should apply 17. Rh. 1374 a 25. 18. Rh. 1374 a 33. 19. Rh. 1374 a 27. NATURAL LAW FORUM "equity."

Does aristotles ideal of justice apply to money?

Looking at a simple example involving money, it seems Aristotle’s ideal of justice is valid. However, justice as a restoration of balance is not always so easily applied. In the case of the theft of an item of significant sentimental value, the victim loses much more than the thief gains.

What is aristotles term for law?

Aristotle’s main term for “law” is the noun nomos (plural nomoi ). Related expressions are kata ton nomon, “according to the law,” nomikos, “legal,” and nomimos, “lawful.” The noun nomimon can also have the sense of “statute.” In contrast, para ton nomon signifies “against...

Is aristotles law of liberty acceptable?

According to Aristotle none of these views is acceptable; in his eyes they are either irrelevant or involve the notion of liberty to a degree which would have appeared to him unjustifiable. I. THE GENERAL NATURE OF LAW What Aristotle would seem to have had in mind above all else here was something like the concept of an unwritten1 natural law.

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