고대 그리스의 법사상-플라톤과 아리스토텔레스를 중심으로-

Abstract

Greek is the cradle of democracy. Ancient Greek laws are characterized by the various legislative systems because Ancient Greek was organized from many separated polices. The law thoughts of Ancient Greek have exerted influence on modern laws in a diversity of sides. Specially Platon's theory of the state and Aristoteles' Nicomachean Ethics are acknowledged theoretically and practically as the original form of justice in the modern law. These days, the investigations of Western law history in the sphere of law have been studied generally the Roman law and the Germanic law. However when the Rome enacted a statute for the first time, they learned it from the Greeks. This is an interesting fact. The thoughts of Ancient Greek which gave rise to democracy are the rule of laws being connected by equality to realize ideal and justice. According to Platon's theory of the state, law is not an actual law possessing current in those days but an ideal law. The ideal law means what imitating a genuine ruler's act. When the state enacts such a law, the political structure based on the law will be the most ideal one. Aristoteles defines law as a general and rational norm based on the acceptance and agreement of the people or the lawmakers. Law is intended to create and preserve the necessary conditions of happiness. And Aristoteles describes law as constitutional principle realizing justice and happiness by respecting and observing laws to the members of communal society by menas of rationality and physical compulsion. Law as a means of moral education resorts to persuasion and coercion in order to perform its proper role.