A Study On The Legal Views Of Aristotle

Aristotle's legal ideas were scattered in Nicomachean Ethics and Politics, although hedid not write a systemic legal book. Literatures on Aristotle's conception on law are largely ofintroductory book review, and systematic and theory-oriented studies are insufficient.Therefore, it is necessary to study his legal view under a broad scope of history, philosophy,ethics and politics by which we can delve into the humanistic value of law which, as a socialentity, is of rational instrument in nature.Aristotle's legal views were deeply rooted in the preceding age as well as contemporarytimes he was living. The Greek lawmakers' legislation practice and thinkers' legal viewexerted great impact on Aristotle. He argued that human was both good and bad in nature.Human beings differ from animals in that "human is rational animal". This predisposition ofhuman nature had profound influence on the construction of his legal views. He held that lawshould be designed according to the constitutions. Law should be in conformity withconstitutions. The status of the authority of law varies in different constitutions. Aristotle'sviewpoints on law are oriented to justice in terms of value. The adjusted justice andmoderatism are the cores of his justice theory, which bear a close relationship with his legalviews. A glimpse at the long river of western legal history, Aristotle's legal legacy hassweeping influence. The legal thinker Cicero of Rome, the representative of scholasticismin the Mediaeval Age Thomas Aquinas, and the modern enlightening thinker Montesquieufrom France owed great to him. An analysis of the origin and spread of Aristotle's legal viewsmakes us get a more clear idea of his significant status in the history of western legal history.