Every branch of knowledge is better understood by knowing its history.History of Philosophy is a means of study and research which helps inthe acquisition of regarding knowledge philosophies advocated bydifferent philosophers in the past. It is a study of how philosophersmeditated upon the problems of law and justice.Philosophy in the past has been intermingled with Theology, Morals, andPolitics.
THE PHILOSOPHY OF ANCIENT GREECE
The general history of Legal Philosophy started with the ancient Greekphilosophers Socrates, Plato, and Aristotle.In the 15
century, the Sophists denied the existence of absolute justice.Law to them is relative. Plato in his
disputed the Sophists.
(469-399 BC) believed in a higher justice for the validity of which it is necessary that there is a positive sanction or a writtenformulation. Obedience to the law of the state is a duty. Socrates in this way gave the first indication of the idealistic philosophical system.
(427-347 BC), a disciple of Socrates, in his two dialogues,
, presented the ideal concept of the State as “themost perfect unit”. The State dominates all human activity and mustpromote good in any form. Justice is achieved through the harmoniousrelation between the various parts of the State.
(384-322 BC), a disciple of Plato, in his
,said that all supreme good is happiness, the product of virtue. The Stateregulates the lives of the citizens by means of laws. The content of lawsis justice as is applied in various ways.Kinds of justice according to Aristotle:1.Distributive justice – applied in giving honors and respects2.Connective and equalizing or called rectifying justice – applied tovoluntary contractual relationship.
THE ANCIENT ROMAN JURISTS
The Roman excelled the codification of law but the philosophical basisderived from the Greeks.