Theophrastus (Sept.
14, 2018) This is because, for Polybius, no one can be trusted with
Two main legal philosophy:
1. A normative theory on content maintaining that laws
should be crafted, not with a view of anticipating every
contingency, but for situations that occur for the most
part and not for those which occur rarely. Exceptions
for those special circumstances may always be
accommodated by the law only when they surface;
2. A corollary normative theory on content stating that
good men need fewer laws than bad men.
Demetrius of Phaleron
Demetrius served as governor of Athens for TEN YEARS
after being educated in Peripatos Being in that position,
he was able to concretize his philosophical ideas, the
most well-known of which, involved revenue.
For Demetrius, it was not the City or any private
patronage which had the power to tax, but the Empire
(as a State). Furthermore, he believed that the taxing
burden of the state should fall on all citizens of that
state, not only on the wealthy.
As a result, he abolished the liturgia (imposed only on
the wealthy) and trierarchies (paid to private
patronage) in favor of taxation.
Demetrius of Phaleron
Furthermore, he imposed a 1000 drachma requirement
for the exercise of political rights. This was seen as a
move toward an oligarchic direction.
Polybius
Polyblus was a historian and statesman. His legal
philosophy mainly dwell on the normative theory on
content. He was more interested in philosophining on
the ideal constitution
For Polybius, the favored constitutional order is a blend
of monarchy, aristocracy, and democracy. The blend
will enable for the different offices to have a division of
power. This division of power will provide CHECKS AND
BALANCES.
unchecked power, not because human nature 5
inherently corrupt but because unchecked power tend
to cause corruption.
Polybius
Polybius Rives a descriptive theory in antuing that it is
more beneficial that a constitution must have such a
blend He observed that those with division of power
tend to be more stable, because abuse is most likely
averted
For Polybius, abuse always triggers revolution from the
people.
Furthermore, he argues that a constitution with this
division and blend is more flexible. In times of
emergency, they may act and work together for the
common good. During peace time, they function as
mutual regulators of each other.
Epicureans
The school of the Epicureans was founded by Epicurus,
who maintained that the supreme good is pleasure. All
virtues, therefore, are merely instrumental to attaining
pleasure - including justice.
Because human's nature tends toward pleasure, the
law or any moral code should lead humans to that
which is pleasurable. Likewise, it should deliver
humans from pain.
Note that Epicurus does not use the word "pleasure" to
mean only bodily pleasure. He uses it in relation to a
wholistic notion of pleasure - that is, including
emotional and social pleasure.
Epicureans
Because of this pleasure theory, Epicureans maintain a
normative theory on the binding nature of law which
states that obedience to the law is grounded only on
two things:
(1) the fear of legal punishment and
(2) the fear of negative reputation or natural
punishment
For Epicureans, law and justice is merely a contract
made for mutual benefit, an agreement not to harm
others or be harmed. If a person violates the law and
do injustice, he will be punished under the law. This will
result into pain.