Ambivalence Towards the Law

4. In this paper it will be shown that throughout history, there has been an ambivalence towards the law, with people acknowledging on the one hand that some form of laws is necessary for society to function, and on the other hand declaring, as Plato did, that "Law is an ignorant and obstinate tyrant." Although issuing this condemnation of the law, in Magnesia he considers the written laws of great importance primarily because of their educational content (Oliveira). He believed that citizens should respect the law because of their role in developing social cohesion, and not because of fear of punishment. Plato further believed that every law has a transcendental foundation - it comes from God.

In The Republic, Plato saw the supreme universal principle as being the Good, which is the equivalent of God's mind in The Laws (Oliveira). The Law proposes a government system combining aristocracy and democracy, with state administration carried out by different servers, at the top level of which is the Nocturnal Council, whose major responsibilities are: 1) to develop philosophical studies in order to obtain a thorough understanding of the laws ruling the state; 2) to establish an interchange with philosophers from other cities so as to improve the laws of "Magnesia; and 3) to make sure that the philosophical and legal principles the counselors respect in performing their duties are extended to all citizens. The counselors play similar roles as the guards of Plato's The Re

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sents human qualities at their best. It is being faithful to oneself and to others, and altruism as expressed in the Confucian golden rule, "Do not do to others what you do not want done to yourself." Confucius advocated a benevolently governing sovereign and the subjects being respectful and obedient. The ruler should set a good example for his subjects, he believed. Confucian philosophy taught devotion to family, loyalty to the constituted authority (personal loyalty to immediate superiors and to those above), and ethical behavior, and a rigid code of honor and courtesy, based on good example and higher principles (Caile). It was based on his belief in the inherent goodness of man. However, Confucius believed the law failed on two fronts: it could be circumvented, and it could not evoke a sense of shame over those it sought to control. The teachings of Confucius stressed gentlemanly conduct, morals, and sets of obligations and ethics within the population to set a standard of conduct. Throughout history, then, although many have decried what law becomes, they all agree that it is a necessary evil. It is necessary to control society, at least in part, though all agree that it would be preferable if the will to

Category: Government - A