The Law in Plato’s Laws: A Reading of the ‘Classical Thesis’

The Law in Plato’s Laws: A Reading of the ‘Classical Thesis’ Plato’s Laws include what H.L.A. Hart called the ‘classical thesis’ about the nature and role of law: the law exists to see that one leads a morally good life. This paper develops Hart’s brief remarks by providing a panorama of the classical thesis in Laws. This is done by considering two themes: (1) the extent to which Laws is paternalistic, and (2) the extent to which Laws is naturalistic. These themes are significant for a number of reasons, including because they show how Laws might be viewed as a sophisticated forerunner of natural law theory. The upshot is that Plato’s metaphysical commitments about legal ontology allow him to base the truth of legal propositions on the way they relate to the truth of corresponding moral propositions. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Polis: The Journal for Ancient Greek Political Thought Brill

The Law in Plato’s Laws: A Reading of the ‘Classical Thesis’

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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0142-257x
eISSN
2051-2996
DOI
10.1163/20512996-12340142
Publisher site
See Article on Publisher Site

Abstract

Plato’s Laws include what H.L.A. Hart called the ‘classical thesis’ about the nature and role of law: the law exists to see that one leads a morally good life. This paper develops Hart’s brief remarks by providing a panorama of the classical thesis in Laws. This is done by considering two themes: (1) the extent to which Laws is paternalistic, and (2) the extent to which Laws is naturalistic. These themes are significant for a number of reasons, including because they show how Laws might be viewed as a sophisticated forerunner of natural law theory. The upshot is that Plato’s metaphysical commitments about legal ontology allow him to base the truth of legal propositions on the way they relate to the truth of corresponding moral propositions.

Journal

Polis: The Journal for Ancient Greek Political ThoughtBrill

Published: Apr 12, 2018

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