| Plato is a political thinker in ancient Greece, an outstanding representative of idealism. The Law expands systematically the thought of law of Plato which reflects his thoughts from "rule by person " to "rule by law" . Plato bases his law thoughts on his idealism. The rule of ideal is namelya reasonableness rule, which composes deep groundwork of rule of law and government and nation that exsit. The Law's thoughts include primarily: On the general theories of law, Plato thinks that the rule of reasonableness is the law, which origionates from the God giving the order to the ruler,punishing the atheism and controlling ill nature of person. Justice is " well ", " harmonious', " each knowing one's place and attending to his own duties" and embodies the whole nation's interests which are supported by the law. In Plato's opinion,there are two main forms of government - the democracy system and the monarch system, which turn into other forms of government. Law rises the prominent function at the rise and fall process with the regime and the nation.Best system of government is the admixture of monarch system and democracy system which combines freedom together with monarch in the certain scope. At the aspect of rule of law, Plato asserts that the nation ruling by law must have good laws and lawmakers should regard justice as the principle, acquiring tallest well virtuous for the purpose, adopting persuasion with punishment.The preface of law should explain the intention of lawmaking and the language of law should be accurated and cleared, in order to conveniencing people for comprehending and obeying laws. What's more, lawmakers still consider population of nation and geography environment and economy influencing politics and function of education.Laws should be revised and added to adapt the changing society. In order to making the law on the paper actuality, the nation must insure putting laws into practice, enforcing the character of lawmaders and electionof the official and the law direct, giving the citizen's the right of direct with the duty, emphasizing all the people to obey the law, making everyone be equal in front of the law and the national official observance laws strictly, setting up the law to the highest authority.On concrete system of laws , Plato Suggests that the nation should compile the concrete codes of laws pertaining to crime and civil case and diplomacy and litigation procedure etc. On criminal law, from the human nature Plato analyzes the crime to be offend by ill nature of human and weakness of education. Anyone who burglarizes the temple and overthrows or rebels against the nation must be punished by whipping or penalizing money or throwing into the prison or sentencing death penalty. As for civil law, laws should rule how to handle renationship among people who live together and citizen should engage in single occupation and regard marriage as national interests. Measure is inherited by the testament or by the law.Moreover,other rules should be made such as agricultural laws which specify agricultural products and nature resources and business with trade laws and international laws.As for litigation laws, the citizen who defy the judgement can appeal to higher court till the final trial court, any person who relate to the case cannot serve as the judge ,and ownership cannot be traced back exceeding a certain time.The purpose that compiling codes of laws wants to attain laws which can accord to and investigate the one who breaks the law.Plato expresses his legal ideas in The Law systematically and completely.Its influence is far far ahead his the times. It has played great role not only in Plato's thought development but also in the political law in whole Greece. To the future generations's lawmaking, especially Rome Law, it contains important influence. It is an origin of western thought of theories rule of law. Studying The Law's thoughts has got the history value with realistic meaning, particularly nowadays our country ruling by law and virtue... |
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