THE GREEK CONCEPT

OF THE LAW
GROUP 3
Edward Arriba
Violet Najarro
Christina Gilladoga

BASIC CONCEPTS
Teleological concept the natural law is
the basis in shaping the concept of law

Ancient Greek Philosophers were among

the first to inquire the NATURE OF LAW

GOOD FAITH IN DEALING WITH ONE

ANOTHER IS THE CONDITION OF LIFE IN
SOCIETY

POSITIVE LAW

GREEK PHILOSOPHERS

Socrates - - - > ABSOLUTE JUSTICE

Plato - - - - - - > RATIONAL JUSTICE

Aristotle - - - - > PARTICULAR JUSTICE

ABOUT: SOCRATES

born circa 470 BC in Athens, Greece

son of a mason/sculptor and midwife
born from a poor family
married (wife: Xanthippe described as
undesirable) and bore him 3 sons
Socratic Method by way of discussion or
diaclectic method

THE TRIAL OF SOCRATES

Charges
: corrupting the youth and
impiety
(failing to acknowledge the gods that
the city
acknowledges)
Sentence : Convicted by a jury of 500
Athenians and sentenced to poison to
death.
** under the law of positivism : he refused
a lighter sentence when given the chance in
spite of his belief that he was innocent because
the law must be obeyed at all costs.

LAW OF POSITIVISM
MAIN QUESTION IS WHETHER OR NOT
WE SHOULD OBEY THE LAW
A LAW MUST BE ADHERED TO
IRRESPECTIVE OF PERSONAL OPINION
AND PERSONAL CONSEQUENCE.
ENACTED LAW IS VALID
CORRECT PROCEDURE
OBEY THE POSITION OF THE
SOVEREIGN
** regardless of whether it is good or bad, moral
or immoral

ABSOLUTE JUSTICE
BY: SOCRATES
TWO PRINCIPAL CONSIDERATIONS IN THE CONCEPT OF
JUSTICE

NO PERSON IS INTENTIONALLY BAD

OR EVIL BECAUSE OF HIS OR HER
UNDERSTANDING OF JUSTICE

ONLY THE TEMPERATE PERSON

KNOWS HIMSELF OR HERSELF AND,
THUS, ABLE TO BRING HIS OR HER
EMOTIONS UNDER CONTROL
- KNOW THYSELF

ABSOLUTE JUSTICE
BY: SOCRATES
EPISTEME absolute knowledge of justice
(preferred)
DOXA mere opinion of the law

PLATOS IDEA OF UNIVERSAL JUSTICE

WHO IS PLATO?

Justice itself is not the exclusive

responsibility of any one class
of citizens, but emerges from the
harmonious interrelationship
of each component of the
society with every other.

PLATOS UNIVERSAL JUSTICE

EXAMPLES:

The Civil Code of the

Philippines

CHAPTER 2:
HUMAN RELATIONS

EXAMPLES OF ARTICLES IN CIVIL CODE

CHAPTER 2

Art. 19. Every person must, in the exercise of his

rights and in the performance of his duties, act with
justice, give everyone his due, and observe honesty
and good faith.

Art. 20. Every person who, contrary to law, willfully or

negligently causes damage to another, shall
indemnify the latter for the same.

Art. 21. Any person who willfully causes loss or injury

to another in a manner that is contrary to morals,
good customs or public policy shall compensate the
latter for the damage.

EXAMPLES OF ARTICLES IN CIVIL CODE

CHAPTER 2

Art. 22. Every person who through an act of

performance by another, or any other
means, acquires or comes into possession
of something at the expense of the latter
without just or legal ground, shall return the
same to him.

Art. 23. Even when an act or event causing

damage to another's property was not due to
the fault or negligence of the defendant, the
latter shall be liable for indemnity if through
the act or event he was benefited

PLATOS IDEA OF JUSTICE

Justice is Harmony.
(book 4, 434c of The Republic)

Justice is Doing ones own

job.
(book 4, 443b of The Republic)

PLATOS IDEA OF UNIVERSAL JUSTICE

Plato offers two main analogies to examine

the definition of justice.

SOU
L

STAT
E

Rational
Soul (Thinking)
Wisdom
SOUL

Spirited
Soul (Willing)
Courage
Appetitive
Soul (Feeling)
Moderation

HIERARCHY OF SOUL
Rational Soul
(Thinking) Wisdom

Spirited Soul
(Willingness)
Courage

Appetitive Soul
(Feeling)Moderation

Rulers
Wise Decisions

STATE

Soldiers
Courageous Actions
Farmers,
Merchants, and
other People
(Moderated Desires)

WORKER

SOLDIER

RULERS

HIERARCHY OF STATE
Rulers
Wise Decisions

Soldiers
Courageous
Actions
Farmers, Merchants, and
other People
(Moderated Desires)

PLATOS CONCEPT OF STATE AND SOUL

Wisdom

Courage

Moderation

PARTICULAR
JUSTICE

Aristotle

denied Socrates concept

of Absolute Justice
He observed that the concept of
justice advanced by Socrates and
Plato was simply unworkable as
guide to human conduct
Aristotle

 For

Aristotle, justice is sound and

sensible when in light of events and
circumstances, it is fair and equal.

Aristotle, the hallmark of a persons

moral nature and good faith is fair
equality.
Aristotles analysis of justice was a
philosophical breakthrough for it brought
the concept of justice to the level
consistent with or adaptable to the legal
ordering of society
To

Particular Justice
- each person receives what he or
she is entitled to on the basis of ability
and achievement
Particular justice is rendering as
nearly as possible to every person what
he or she is entitled to on the basis of
the rule of law

Particular justice is
the correct distribution of
just deserts to others. For
Aristotle, such justice is
proportionalit has to do
with people receiving
what is proportional to
their merit or their worth.

PARTICULAR JUSTICE
Particular

justice deals with honor,

money, or safety because these are
zero sum goods.

Money

TWO FORMS:
1.

Distributive Justice
- It employs geometric proportion

2. Rectificatory Justice
- remedies unequal distributions of
gain and loss between two people

1. DISTRIBUTIVE PARTICULAR JUSTICE

Justice

embodies

fairness

equality
Strict Sense or Broader Sense?
Justice is not strict equality

and

EXAMPLE

TWO FORMS:
1.

Distributive Justice
- It employs geometric proportion

2. Rectificatory Justice
- remedies unequal distributions
of gain and loss between people

2. RECTIFICATORY JUSTICE
rectus

means right, setting things

right
Restoring an order that has been lost

 Judge

serves as the rectifier

Injured

party vs offending party