논문 : 플라톤의 자연법 사상

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This paper intends to explore Plato`s theory of natural law with a view to renewedly appreciating the validity of its convincing argument in connection with our own life. In the later part of the fifth century, as it is well known, the argument that opposed phyais to nomos gave rise to nnuch philosophical controversy, which remained to be one of Plato`s lifelong concerns. The divine sanction of the traditionally accepted norms or laws was undermined. That was the very reason why Plato did raise a question as to $quot;the essential rightness or wrongness of laws.$quot; (the Laws, 627d) We find the expression nomostes physeos, the norm, or law, of nature in the Gorgias(483e), by which. Callicles argues that nature herself indicates the natural way for us to take: to seek to gratify our desires to the full; regardless of its consequences to others; consequently, it is right for the better to have advantage of the worse, the abler of the feebler, and the stronger of the weaker. Nature by which he means differs uttezly and absolutely from what Plato does by her. According to Plato, that case of Callicles` reflects a whole climate of thought of his day, fostered or. formed by the work of the poets, the natural philosophers and their hangers-on. `It seems,` they assert, `that the greatest and most beautiful things are the work of nature and of chance, and the lesser things that of art`: art receives from nature the great and primary products as existing, and itself moulds and shapes all smaller ones, which we commonly call artificial`; all legislation too is due, not to nature, but to art. (the Laws, 88ga-e) Plato on Natural ;Law Plato deplores that from them young people imbibe these .visors, which might, in turn, lead them towaxds the life that, is -right $quot;accorcliag ao nature$quot; (kata physin), which consists in being master over the rest, instead of being a slave to others according to legal convention(nomos), or towards the psychological state of anarchy. People`s greediness(pleoncxia) and factions between them in a state are fostered by those views. This state of the Athenians was once branded as that of $quot;absence of nous$quot; (anew nou) by him. Therefore, Plato lets Cleinias counter these arguments by that which in general is on the same lines as those taken in the Timaeus and in the Philebus: briefly speaking, all things and the universe are ruled by intelligence(nous), not by chance; the universe as kosmos is ultimately intelligible (noeta) only to intelligence(nous); law and art exist by nature or by a cause not to inferior to nature, since they are the offspring of intelligence; accordingly it is not wise to oppose nomos to physic. The climactical expression of his thought concerning natural law is to be found in his naming of nomos (law) as dianome (dispensation) of noun (intelligence), (the Lazvs, ?`14a) Now, in order for laws to be such is required to find the criterion, or the principle, for legislation or that for dispensation of intelligence in laws. For Plato it is the principle of to metrion (due measue) or that of to meson (the mean). `Follow always a middle loth!` That is it. With this standard or principle, a Platonic legislator can implement a state which is free, at unity with itself and possessed of intelligence. Concerning pleasures and pains, the right life for the oitizens to be trained to lead is to greet and embrace (aspaxesthai) the mean; neither to pursue pleasures nor to shun pains entirely, but to pursue and embrace the state of cheerfulness (hileon), What is in due measure or the mean is the very manifestation of the Good in the realities, of which the philosopher-king should have knowledge. Even nowadays, such a standard for legislation might greatly impinge on air own minds:

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