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Aristotle on Emotions in Law and PoliticsEthical Theory and Judicial Practice: Passions and Crimes of Passion in Plato, Aristotle and Lysias

Aristotle on Emotions in Law and Politics: Ethical Theory and Judicial Practice: Passions and... [This paper analyzes and compares the opinions of Plato and Aristotle about the crimes of passion, particularly in the case of murders caused by anger in response to an outrage (hubris). The act of hubris was certainly the most serious form of injustice which a citizen could encounter, an intolerable crime, which would compromise his raison d’être as a member of the community of men. For this reason Attic law considered it in certain cases—like rape and adultery—legitimate for the victim or his relatives to kill the perpetrator of the outrage. The opinions of Plato and Aristotle concerning the moral and juridical gravity of outrages concur, just as they both approve of the legitimacy of certain killings in response to such crimes. Their appreciation of anger however is very different and bears witness to a radical disagreement. For Plato the violence of anger is above all a danger for collective life and should be eliminated, while Aristotle gives more room for justification and for psychological satisfaction. The famous speech of Lysias On the Murder of Eratosthenes, which precisely treats the issue of a killing provoked by an outrage, illustrates that Aristotle shows more insight into the esprit des lois of his time than Plato.] http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png

Aristotle on Emotions in Law and PoliticsEthical Theory and Judicial Practice: Passions and Crimes of Passion in Plato, Aristotle and Lysias

Part of the Law and Philosophy Library Book Series (volume 121)
Editors: Huppes-Cluysenaer, Liesbeth; Coelho, Nuno M.M.S.
Viano, Cristina
Aristotle on Emotions in Law and Politics — Feb 14, 2018
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References (13)

Publisher
Springer International Publishing
Copyright
© Springer International Publishing AG 2018
ISBN
978-3-319-66702-7
Pages
217 –236
DOI
10.1007/978-3-319-66703-4_10
Publisher site
See Chapter on Publisher Site

Abstract

[This paper analyzes and compares the opinions of Plato and Aristotle about the crimes of passion, particularly in the case of murders caused by anger in response to an outrage (hubris). The act of hubris was certainly the most serious form of injustice which a citizen could encounter, an intolerable crime, which would compromise his raison d’être as a member of the community of men. For this reason Attic law considered it in certain cases—like rape and adultery—legitimate for the victim or his relatives to kill the perpetrator of the outrage. The opinions of Plato and Aristotle concerning the moral and juridical gravity of outrages concur, just as they both approve of the legitimacy of certain killings in response to such crimes. Their appreciation of anger however is very different and bears witness to a radical disagreement. For Plato the violence of anger is above all a danger for collective life and should be eliminated, while Aristotle gives more room for justification and for psychological satisfaction. The famous speech of Lysias On the Murder of Eratosthenes, which precisely treats the issue of a killing provoked by an outrage, illustrates that Aristotle shows more insight into the esprit des lois of his time than Plato.]

Published: Feb 14, 2018

Keywords: Adultery; Anger; Aristotle; Hubris; Lysias; Outrage; Plato; Rape

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