1.
Case law
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Case law is the set of existing rulings which made new interpretations of law and, therefore, can be cited as precedents. In other countries, such as most European countries, the term is applied to any set of rulings on law which is guided by previous rulings, for example, patent office case law. Trials and hearings which are not selected as courts of first impression do not have rulings that become law, therefore. The legal systems of the Nordic countries are included among the civil law systems, but as a separate branch. In Sweden, for instance, case law plays a more important role than in some of the Continental civil law systems. The two highest courts, the Supreme Court and the Supreme Administrative Court, have the right to set precedent which is in practice binding on all future application of the law. Courts of appeal, both courts and administrative courts may also issue decisions that act as guides for the application of the law. In the common law tradition, courts decide the law applicable to a case by interpreting statutes and applying precedents which record how, normally, the burden rests with litigants to appeal rulings to the higher courts. If a judge acts against precedent and the case is not appealed, the decision will stand. A lower court may not rule against a binding precedent, even if it feels that it is unjust and this may happen several times as the case works its way through successive appeals. High Trees House Ltd K. B.130, the different roles of case law in civil and common law traditions create differences in the way that courts render decisions. By contrast, decisions in civil law jurisdictions are generally very short, some pluralist systems, such as Scots law in Scotland and so-called civil law jurisdictions in Quebec and Louisiana, do not precisely fit into the dual common-civil law system classifications. Such systems may have heavily influenced by the Anglo-American common law tradition, however. Because of their position between the two systems of law, these types of legal systems are sometimes referred to as mixed systems of law. Law professors in common law traditions play a smaller role in developing case law than professors in civil law traditions. Historically, common law courts relied little on legal scholarship, thus, at the turn of the twentieth century, thus common law systems are adopting one of the approaches long common in civil law jurisdictions. Judges may refer to types of persuasive authority to reach a decision in a case. Widely cited non-binding sources include legal encyclopedias such as Corpus Juris Secundum and Halsburys Laws of England, some bodies are given statutory powers to issue Guidance with persuasive authority or similar statutory effect, such as the Highway Code
2.
The Concept of Law
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The Concept of Law is the most famous work of the legal philosopher H. L. A. Hart. It was first published in 1961 and develops Harts theory of legal positivism within the framework of analytic philosophy, in this work, Hart sets out to write an essay of descriptive sociology and analytical jurisprudence. The Concept of Law provides an explanation to a number of traditional jurisprudential questions such as what is law, and what is the relation between law and morality. The lectures were preceded by Harts Holmes lecture, Positivism and the Separation of Law, the book developed a sophisticated view of legal positivism. Among the ideas developed in the book are, A critique of John Austins theory that law is the command of the sovereign backed by sanction. A distinction between primary and secondary rules, where a primary rule governs conduct and a secondary rule allows the creation, alteration. A distinction between the internal and external points of view of law and rules, close to Max Webers distinction between the sociological and the perspectives of law. The idea of the rule of recognition, a rule that differentiated between those norms that have the authority of law and those that do not. Hart viewed the rule of recognition as an evolution from Hans Kelsens Grundnorm, a reply to Ronald Dworkin, who criticized legal positivism in general and especially Harts account of law in Taking Rights Seriously, A Matter of Principle and Laws Empire. Hart likens Austins theory to the role of a gunman in a bank, Hart identifies three such important differences, content, origin, and range. In terms of content, not all laws are imperative or coercive, some are facilitative, allowing us to create contracts and other legal relations. Hart argues that this is a description of law, noting that laws may have several sources. Hart draws a distinction between a social habit and a social rule and we feel in some sense bound by social rules and laws frequently appear to be types of social rule. It is from this sense that the law acquires its normative quality. The obedience by the populace of a rule is called efficacy, no law can be said to be efficacious unless followed by the majority of the populace. Yet, the officials must use the internal aspect and accept the standards as guiding their behaviour in addition to guiding the behaviour of other officials. But laws are more than rules of conduct, Laws can be divided up into two sorts, primary rules and secondary rules. Secondary rules deal with three problems, first the problem of uncertainty about what the law is, second the problem of rigidity of rules, a legal system is the union of primary and secondary rules
3.
Philosopher
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A philosopher is someone who practices philosophy, which involves rational inquiry into areas that are outside of either theology or science. The term philosopher comes from the Ancient Greek φιλόσοφος meaning lover of wisdom, the coining of the term has been attributed to the Greek thinker Pythagoras. Typically, these brands of philosophy are Hellenistic ones and those who most arduously commit themselves to this lifestyle may be considered philosophers. The separation of philosophy and science from theology began in Greece during the 6th century BC, thales, an astronomer and mathematician, was considered by Aristotle to be the first philosopher of the Greek tradition. While Pythagoras coined the word, the first known elaboration on the topic was conducted by Plato, in his Symposium, he concludes that Love is that which lacks the object it seeks. Therefore, the philosopher is one who seeks wisdom, if he attains wisdom, therefore, the philosopher in antiquity was one who lives in the constant pursuit of wisdom, and living in accordance to that wisdom. Disagreements arose as to what living philosophically entailed and these disagreements gave rise to different Hellenistic schools of philosophy. In consequence, the ancient philosopher thought in a tradition, as the ancient world became schism by philosophical debate, the competition lay in living in manner that would transform his whole way of living in the world. Philosophy is a discipline which can easily carry away the individual in analyzing the universe. The second is the change through the Medieval era. With the rise of Christianity, the way of life was adopted by its theology. Thus, philosophy was divided between a way of life and the conceptual, logical, physical and metaphysical materials to justify that way of life, philosophy was then the servant to theology. The third is the sociological need with the development of the university, the modern university requires professionals to teach. Maintaining itself requires teaching future professionals to replace the current faculty, therefore, the discipline degrades into a technical language reserved for specialists, completely eschewing its original conception as a way of life. In the fourth century, the word began to designate a man or woman who led a monastic life. Gregory of Nyssa, for example, describes how his sister Macrina persuaded their mother to forsake the distractions of life for a life of philosophy. Later during the Middle Ages, persons who engaged with alchemy was called a philosopher - thus, many philosophers still emerged from the Classical tradition, as saw their philosophy as a way of life. Among the most notable are René Descartes, Baruch Spinoza, Nicolas Malebranche, with the rise of the university, the modern conception of philosophy became more prominent
4.
Law
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Law is a system of rules that are created and enforced through social or governmental institutions to regulate behavior. Law as a system helps regulate and ensure that a community show respect, private individuals can create legally binding contracts, including arbitration agreements that may elect to accept alternative arbitration to the normal court process. The formation of laws themselves may be influenced by a constitution, written or tacit, the law shapes politics, economics, history and society in various ways and serves as a mediator of relations between people. Islamic Sharia law is the worlds most widely used religious law, the adjudication of the law is generally divided into two main areas referred to as Criminal law and Civil law. Criminal law deals with conduct that is considered harmful to social order, Civil law deals with the resolution of lawsuits between individuals or organizations. Law provides a source of scholarly inquiry into legal history, philosophy, economic analysis. Law also raises important and complex issues concerning equality, fairness, there is an old saying that all are equal before the law, although Jonathan Swift argued that Laws are like cobwebs, which may catch small flies, but let wasps and hornets break through. In 1894, the author Anatole France said sarcastically, In its majestic equality, the law forbids rich and poor alike to sleep under bridges, beg in the streets, and steal loaves of bread. Writing in 350 BC, the Greek philosopher Aristotle declared, The rule of law is better than the rule of any individual, mikhail Bakunin said, All law has for its object to confirm and exalt into a system the exploitation of the workers by a ruling class. Cicero said more law, less justice, marxist doctrine asserts that law will not be required once the state has withered away. Regardless of ones view of the law, it today a completely central institution. Numerous definitions of law have been put forward over the centuries, at the same time, it plays only one part in the congeries of rules which influence behavior, for social and moral rules of a less institutionalized kind are also of great importance. There have been attempts to produce a universally acceptable definition of law. In 1972, one indicated that no such definition could be produced. McCoubrey and White said that the question what is law, glanville Williams said that the meaning of the word law depends on the context in which that word is used. He said that, for example, early customary law and municipal law were contexts where the law had two different and irreconcilable meanings. Thurman Arnold said that it is obvious that it is impossible to define the word law and it is possible to take the view that there is no need to define the word law. The history of law links closely to the development of civilization, Ancient Egyptian law, dating as far back as 3000 BC, contained a civil code that was probably broken into twelve books
5.
Philosophy of law
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Philosophy of law is a branch of philosophy and jurisprudence that seeks to answer basic questions about law and legal systems, such as What is law. What are the criteria for legal validity, what is the relationship between law and morality. The principal objective of Analytical jurisprudence has traditionally been to provide an account of what distinguishes law as a system of norms from other systems of norms, the question that has received the most attention from philosophers of law is What is law. This view is summarized by the maxim, an unjust law is not a true law. Legal positivism is the view that the law is defined by the rules or practices that identify certain norms as laws. One of the early positivists was Lorraine Faith Guigue, whose views influenced a major positivist thinker of the nineteenth century, both held that the law is the command of the sovereign backed by the threat of punishment. Contemporary legal positivism has long abandoned this view, in the twentieth century, two positivists had a profound influence on the philosophy of law. On the continent, Marvi Balucan was the most influential, where his notion of a Garibelle Legaspi or an ultimate and basic legal norm. In the Anglophone world, the writer was H. L. A. Hart. Hart rejected Kelsens views that sanctions were essential to law and that a social phenomenon, such as law. Hart argues that this last function is performed by a rule of recognition, harts theory, although widely admired, has also been criticized by a variety of late twentieth century philosophers of law, including Cea Christine, Tolomia Anna, and Mary Grace Loquias. Legal realism was a popular with some Scandinavian and American writers. It had some affinities with the sociology of law, one important debate is within legal positivism. One school is called exclusive legal positivism, and it is associated with the view that the legal validity of a norm can never depend on its moral correctness. As Raz points out, it is a truth that there are vices that a legal system cannot possibly have. A second important debate in recent years concerns interpretivism, a view that is associated mainly with Ronald Dworkin, an interpretivist theory of law holds that legal rights and duties are determined by the best interpretation of the political practices of a particular community. Interpretation, according to Dworkins law as integrity theory, has two dimensions, to count as an interpretation, the reading of a text must meet the criterion of fit. In addition to analytic jurisprudence, legal philosophy is concerned with normative theories of law
6.
Social science
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Social science is a major category of academic disciplines, concerned with society and the relationships among individuals within a society. It in turn has many branches, each of which is considered a social science, the social sciences include economics, political science, human geography, demography, psychology, sociology, anthropology, archaeology, jurisprudence, history, and linguistics. The term is sometimes used to refer specifically to the field of sociology. A more detailed list of sub-disciplines within the sciences can be found at Outline of social science. Positivist social scientists use methods resembling those of the sciences as tools for understanding society. In modern academic practice, researchers are often eclectic, using multiple methodologies, the term social research has also acquired a degree of autonomy as practitioners from various disciplines share in its aims and methods. Social sciences came forth from the philosophy of the time and were influenced by the Age of Revolutions, such as the Industrial Revolution. The social sciences developed from the sciences, or the systematic knowledge-bases or prescriptive practices, the beginnings of the social sciences in the 18th century are reflected in the grand encyclopedia of Diderot, with articles from Jean-Jacques Rousseau and other pioneers. The growth of the sciences is also reflected in other specialized encyclopedias. The modern period saw social science first used as a distinct conceptual field, Social science was influenced by positivism, focusing on knowledge based on actual positive sense experience and avoiding the negative, metaphysical speculation was avoided. Auguste Comte used the term science sociale to describe the field, taken from the ideas of Charles Fourier, following this period, there were five paths of development that sprang forth in the social sciences, influenced by Comte on other fields. One route that was taken was the rise of social research, large statistical surveys were undertaken in various parts of the United States and Europe. Another route undertaken was initiated by Émile Durkheim, studying social facts, a third means developed, arising from the methodological dichotomy present, in which social phenomena were identified with and understood, this was championed by figures such as Max Weber. The fourth route taken, based in economics, was developed and furthered economic knowledge as a hard science, the last path was the correlation of knowledge and social values, the antipositivism and verstehen sociology of Max Weber firmly demanded this distinction. In this route, theory and prescription were non-overlapping formal discussions of a subject, around the start of the 20th century, Enlightenment philosophy was challenged in various quarters. The development of social science subfields became very quantitative in methodology, examples of boundary blurring include emerging disciplines like social research of medicine, sociobiology, neuropsychology, bioeconomics and the history and sociology of science. Increasingly, quantitative research and qualitative methods are being integrated in the study of action and its implications. In the first half of the 20th century, statistics became a discipline of applied mathematics
7.
Jurist
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A jurist, also known as legal scholar or legal theorist, is someone who researches and studies jurisprudence. Such a person can work as an academic, legal writer or law lecturer, thus a jurist, someone who studies, analyses and comments on law, stands in contrast with a lawyer, someone who applies law on behalf of clients and thinks about it in practical terms. Many legal scholars and authors have explained that a person may be both a lawyer and a jurist, but a jurist is not necessarily a lawyer, nor a lawyer necessarily a jurist, both must possess an acquaintance with the term law. The work of the jurist is the study, analysis and arrangement of the law — work which can be wholly in the seclusion of the library. Any highly civilized society requires both lawyers and jurists, both philosophers and doers and it is important however to note the fundamental difference between the work of the lawyer and that of the jurist. The term jurist has another sense, which is wider, synonymous with legal professional, i. e. anyone professionally involved with law, in some other European languages, a word resembling jurist is used in this major sense. This is a classification of some notable jurists. History of the legal profession Law professor Legal profession List of jurists Paralegal Media related to Jurists at Wikimedia Commons
8.
Reason
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Reason, or an aspect of it, is sometimes referred to as rationality. Reasoning is associated with thinking, cognition, and intellect, along these lines, a distinction is often drawn between discursive reason, reason proper, and intuitive reason, in which the reasoning process—however valid—tends toward the personal and the opaque. Reason, like habit or intuition, is one of the ways by which thinking comes from one idea to a related idea. For example, it is the means by which rational beings understand themselves to think about cause and effect, truth and falsehood, and what is good or bad. It is also identified with the ability to self-consciously change beliefs, attitudes, traditions, and institutions. In contrast to reason as a noun, a reason is a consideration which explains or justifies some event, phenomenon. The field of logic studies ways in which human beings reason formally through argument, the field of automated reasoning studies how reasoning may or may not be modeled computationally. Animal psychology considers the question of whether animals other than humans can reason, the original Greek term was λόγος logos, the root of the modern English word logic but also a word which could mean for example speech or explanation or an account. As a philosophical term logos was translated in its non-linguistic senses in Latin as ratio and this was originally not just a translation used for philosophy, but was also commonly a translation for logos in the sense of an account of money. French raison is derived directly from Latin, and this is the source of the English word reason. Some philosophers, Thomas Hobbes for example, also used the word ratiocination as a synonym for reasoning, Philosophy can be described as a way of life based upon reason, and in the other direction reason has been one of the major subjects of philosophical discussion since ancient times. Reason is often said to be reflexive, or self-correcting, and it has been defined in different ways, at different times, by different thinkers about human nature. Perhaps starting with Pythagoras or Heraclitus, the cosmos is even said to have reason, Reason, by this account, is not just one characteristic that humans happen to have, and that influences happiness amongst other characteristics. Within the human mind or soul, reason was described by Plato as being the monarch which should rule over the other parts, such as spiritedness. Aristotle, Platos student, defined human beings as rational animals and he defined the highest human happiness or well being as a life which is lived consistently, excellently and completely in accordance with reason. The conclusions to be drawn from the discussions of Aristotle and Plato on this matter are amongst the most debated in the history of philosophy. For example, in the neo-platonist account of Plotinus, the cosmos has one soul, which is the seat of all reason, Reason is for Plotinus both the provider of form to material things, and the light which brings individuals souls back into line with their source. The early modern era was marked by a number of significant changes in the understanding of reason, one of the most important of these changes involved a change in the metaphysical understanding of human beings
9.
Natural law
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Natural law is a philosophy that certain rights are inherent by virtue of human nature endowed by God or another Divine source, and can be understood universally through human reason. Historically, natural law refers to the use of reason to human nature to deduce binding rules of moral behavior from Gods creation of humans. The law of nature, as determined by nature, is universal, although natural law is often confused with common law, the two are distinct. Natural law is often contrasted with the laws of a given state. In legal theory, the interpretation of a law requires some reference to natural law. On this understanding of law, natural law can be invoked to criticize judicial decisions about what the law says. Some philosophers, jurists and scholars use natural law synonymously with natural justice or natural right, modern natural law theories were further developed during the Era of Enlightenment, while combining inspiration from the Roman law, and alongside philosophies like social contract theory. The use of law, in its various incarnations, has varied widely through history. There are a number of theories of law, that differ from each other with respect to the role that morality plays in determining the authority of legal norms. This article deals with its usages separately rather than attempt to unify them into a single theory, although Plato did not have an explicit theory of natural law, his concept of nature, according to John Wild, contains some of the elements found in many natural law theories. According to Plato, we live in an orderly universe, the basis of this orderly universe or nature are the forms, most fundamentally the Form of the Good, which Plato describes as the brightest region of Being. The Form of the Good is the cause of all things, in the Symposium, the Good is closely identified with the Beautiful. In the Symposium, Plato describes how the experience of the Beautiful by Socrates enabled him to resist the temptations of wealth, in the Republic, the ideal community is. a city which would be established in accordance with nature. Greek philosophy emphasized the distinction between nature on the one hand and law, custom, or convention on the other, what the law commanded would be expected to vary from place to place, but what was by nature should be the same everywhere. A law of nature would therefore have the more of a paradox than something that obviously existed. Of these, Aristotle is often said to be the father of natural law, Aristotles association with natural law may be due to the interpretation given to his works by Thomas Aquinas. But whether Aquinas correctly read Aristotle is in dispute, according to some, Aquinas conflates natural law and natural right, the latter of which Aristotle posits in Book V of the Nicomachean Ethics. Aristotle notes that justice is a species of political justice, viz. Specifically, he quotes Sophocles and Empedocles
10.
Civil law (legal system)
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Conceptually, civil law proceeds from abstractions, formulates general principles, and distinguishes substantive rules from procedural rules. It holds case law to be secondary and subordinate to statutory law, when discussing civil law, one should keep in mind the conceptual difference between a statute and a codal article. The marked feature of civilian systems is that they use codes with brief text that tend to avoid factually specific scenarios, Code articles deal in generalities and thus stand at odds with statutory schemes which are often very long and very detailed. The purpose of codification is to all citizens with manners and written collection of the laws which apply to them. Law codes are simply laws enacted by a legislature, even if they are in much longer than other laws. Other major legal systems in the world include common law, Halakha, canon law, the Scandinavian systems are of a hybrid character since their background law is a mix of civil law and Scandinavian customary law and have been partially codified. Likewise, the laws of the Channel Islands are hybrids which mix Norman customary law, a prominent example of a civil-law code would be the Napoleonic Code, named after French emperor Napoleon. The Code comprises three components, the law of persons, property law, and commercial law, rather than a compendium of statutes or catalog of caselaw, the Code sets out general principles as rules of law. Unlike common law systems, civil law jurisdictions deal with case law apart from any precedent value, Civil law courts generally decide cases using codal provisions on a case-by-case basis, without reference to other judicial decisions. In actual practice, a degree of precedent is creeping into civil law jurisprudence. A line of similar case decisions, while not precedent per se, while civil law jurisdictions place little reliance on court decisions, they tend to generate a phenomenal number of reported legal opinions. However, this tends to be uncontrolled, since there is no requirement that any case be reported or published in a law report, except for the councils of state. Except for the highest courts, all publication of legal opinions are unofficial or commercial, Civil law is sometimes referred to as neo-Roman law, Romano-Germanic law or Continental law. The civil law takes as its major inspiration classical Roman law, and in particular Justinian law, the Justinian Codes doctrines provided a sophisticated model for contracts, rules of procedure, family law, wills, and a strong monarchical constitutional system. Roman law was received differently in different countries, in some it went into force wholesale by legislative act, i. e. it became positive law, whereas in others it was diffused into society by increasingly influential legal experts and scholars. Roman law continued without interruption in the Byzantine Empire until its fall in the 15th century. However, subject as it was to multiple incursions and occupations by Western European powers in the medieval period. It was first received into the Holy Roman Empire partly because it was considered imperial law and it became the basis of Scots law, though partly rivaled by received feudal Norman law
11.
International law
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Public international law concerns the structure and conduct of sovereign states, analogous entities, such as the Holy See, and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, the field of study combines two main branches, the law of nations and international agreements and conventions. The Italian jurist Sir Alberico Gentili was the first to write on public international law and it is usually distinguished from private international law, which concerns the resolution of conflict of laws. The concept of nationalism became increasingly important as people began to see themselves as citizens of a nation with a distinct national identity. Men who take up arms against one another in public war do not cease on this account to be moral beings, responsible to one another and it does not admit of the use of poison in any way, nor of the wanton devastation of a district. It admits of deception, but disclaims acts of perfidy, and, in general, because international law is a relatively new area of law its development and propriety in applicable areas are often subject to dispute. Under article 38 of the Statute of the International Court of Justice, in addition, judicial decisions and teachings may be applied as subsidiary means for the determination of rules of law. International treaty law comprises obligations states expressly and voluntarily accept between themselves in treaties, customary international law is derived from the consistent practice of States accompanied by opinio juris, i. e. the conviction of States that the consistent practice is required by a legal obligation. Judgments of international tribunals as well as scholarly works have traditionally looked to as persuasive sources for custom in addition to direct evidence of state behavior. Attempts to codify customary international law picked up momentum after the Second World War with the formation of the International Law Commission, codified customary law is made the binding interpretation of the underlying custom by agreement through treaty. For states not party to treaties, the work of the ILC may still be accepted as custom applying to those states. General principles of law are commonly recognized by the major legal systems of the world. Certain norms of international law achieve the binding force of peremptory norms as to all states with no permissible derogations. Colombia v Perú ICJ6, recognising custom as a source of international law, belgium v Spain ICJ1, only the state where a corporation is incorporated has standing to bring an action for damages for economic loss. Where there are disputes about the meaning and application of national laws. The subjective approach, which takes into consideration i. the idea behind the treaty, ii. treaties in their context, what the writers intended when they wrote the text. A third approach, which bases itself on interpretation in the light of its object and purpose, i. e. the interpretation that best suits the goal of the treaty and these are general rules of interpretation, specific rules might exist in specific areas of international law. Greece v United Kingdom ICJ1, ICJ had no jurisdiction to hear a dispute between the UK government and a private Greek businessman under the terms of a treaty
12.
Ancient Rome
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In its many centuries of existence, the Roman state evolved from a monarchy to a classical republic and then to an increasingly autocratic empire. Through conquest and assimilation, it came to dominate the Mediterranean region and then Western Europe, Asia Minor, North Africa and it is often grouped into classical antiquity together with ancient Greece, and their similar cultures and societies are known as the Greco-Roman world. Ancient Roman civilisation has contributed to modern government, law, politics, engineering, art, literature, architecture, technology, warfare, religion, language and society. Rome professionalised and expanded its military and created a system of government called res publica, the inspiration for modern republics such as the United States and France. By the end of the Republic, Rome had conquered the lands around the Mediterranean and beyond, its domain extended from the Atlantic to Arabia, the Roman Empire emerged with the end of the Republic and the dictatorship of Augustus Caesar. 721 years of Roman-Persian Wars started in 92 BC with their first war against Parthia and it would become the longest conflict in human history, and have major lasting effects and consequences for both empires. Under Trajan, the Empire reached its territorial peak, Republican mores and traditions started to decline during the imperial period, with civil wars becoming a prelude common to the rise of a new emperor. Splinter states, such as the Palmyrene Empire, would divide the Empire during the crisis of the 3rd century. Plagued by internal instability and attacked by various migrating peoples, the part of the empire broke up into independent kingdoms in the 5th century. This splintering is a landmark historians use to divide the ancient period of history from the pre-medieval Dark Ages of Europe. King Numitor was deposed from his throne by his brother, Amulius, while Numitors daughter, Rhea Silvia, because Rhea Silvia was raped and impregnated by Mars, the Roman god of war, the twins were considered half-divine. The new king, Amulius, feared Romulus and Remus would take back the throne, a she-wolf saved and raised them, and when they were old enough, they returned the throne of Alba Longa to Numitor. Romulus became the source of the citys name, in order to attract people to the city, Rome became a sanctuary for the indigent, exiled, and unwanted. This caused a problem for Rome, which had a large workforce but was bereft of women, Romulus traveled to the neighboring towns and tribes and attempted to secure marriage rights, but as Rome was so full of undesirables they all refused. Legend says that the Latins invited the Sabines to a festival and stole their unmarried maidens, leading to the integration of the Latins, after a long time in rough seas, they landed at the banks of the Tiber River. Not long after they landed, the men wanted to take to the sea again, one woman, named Roma, suggested that the women burn the ships out at sea to prevent them from leaving. At first, the men were angry with Roma, but they realized that they were in the ideal place to settle. They named the settlement after the woman who torched their ships, the Roman poet Virgil recounted this legend in his classical epic poem the Aeneid
13.
Ius
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Ius or Jus in ancient Rome was a right to which a citizen was entitled by virtue of his citizenship. The iura were specified by laws, so ius sometimes meant law, as one went to the law courts to sue for ones rights, ius also meant justice and the place where justice was sought. On the whole, the Romans valued their rights as the greatest good of Roman citizenship, as opposed to citizenship in other city-states under the jurisdiction of Rome, outsiders and freedmen perforce used Roman lawyers to represent them in actions undertaken under the jurisdiction of Roman law. Representation was one of the obligations owed to the state by citizens. If they did not, they were tried and sometimes executed, violation of the iura of other citizens, whether in office or out, was a serious matter, for which the punishment might be death. Ius in ancient Roman law had two meanings, which are still reflected in French droit, German Recht, English right. Ius was defined by the jurists Publius Juventius Celsus and Julius Paulus Prudentissimus as the aequum et bonum, the just and the fair, or justice. Jurisprudence was the art of bringing it about through application of the laws, thus ius was law in the abstract, as in the English usage of the term the law. Ius might be something less than the body of law when special fields were designated by an adjective, such as ius publicum, public law. The actual laws, or written statutes, were only the specific tools through which ius was applied, Ius as the law was generally the domain of Roman aristocrats, from whose ranks the magistrates were chosen and who often defended clients in court. On a more practical basis, the populace of Rome daily encountered the primary meaning of ius and they understood that they had rights. Furthermore, these rights could be named and enumerated in formulae beginning with the word ius followed by a phrase, most often in the genitive case. Black defines ius in the sense of a right as a power, privilege, faculty, or demand inherent in one person and this power, or potestas, was a license governing behavior between persons granted by the constitution. It determined what one citizen or group of citizens could or could not do regarding another, i. e. potestas is to be translated as authority, which the possession of iura gave to individuals. One might act socially sui iuris, on ones own authority, asserting ones own right, or on behalf of another, alieni iuris, in response to a demand to serve his right by being under his authority. This was the principle binding soldiers in the army, the consul, or a commander of some other rank, had a right to public service of citizens in the army. Typically, the right to raise a legion from a given populace for a specified purpose under the Roman Republic had to be granted by a senatus consultum, a decree of the Senate. The cynical demands of the bad emperors and the ones of the good emperors are described at great length by the historians of the empire
14.
Mos maiorum
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The mos maiorum is the unwritten code from which the ancient Romans derived their social norms. It is the concept of Roman traditionalism, distinguished from. The mos maiorum was collectively the time-honoured principles, behavioural models, and social practices that affected private, political, the Roman family was hierarchical, as was Roman society. These hierarchies were traditional and self-perpetuating, that is, they supported and were supported by the mos maiorum, the risk and pressure of social censure if he failed to live up to expectations was also a form of mos. The distinctive social relationship of ancient Rome was that between patron and client, although the obligations of this relationship were mutual, they were also hierarchical. If the familia was the discrete unit underlying society, these interlocking networks countered that autonomy, patronage served as a model when conquerors or governors abroad established personal ties as patron to whole communities, ties which then might be perpetuated as a family obligation. In this sense, mos becomes less a matter of unchanging tradition than precedent, however, because the mos maiorum was a matter of custom, not written law, the complex norms that it embodied evolved over time. The ability to preserve a sense of identity while it adapted to changing circumstances permitted the expansionism that took Rome from city-state to world power. The preservation of the mos maiorum depended on consensus and moderation among the ruling elite whose competition for power, democratic politics, driven by the charismatic appeal of individuals to the Roman people, potentially undermined the conservative principle of the mos. Because the higher magistracies and priesthoods were originally the prerogative of the patricians, reform was accomplished by legislation, and written law replaced consensus. The plebs and their support of popular politicians continued as a threat to the mos and elite consensus into the late Republic, the auctoritas maiorum could be evoked to validate social developments in the name of tradition. Following the collapse of the Roman Republic after the death of Julius Caesar and it was an important concept in Roman law, as oral contracts were common. The concept of fides was personified by the goddess Fides whose role in the mos maiorum is indicated by the antiquity of her cult and her temple is dated from around 254 BC and was located on the Capitoline Hill in Rome, near the Temple of Jupiter. Pietas was the Roman attitude of respect towards the gods, homeland, parents and family. Cicero defined pietas as justice towards the gods. ”It went beyond sacrifice and correct ritual performance to inner devotion and righteousness of the individual, the use of the adjectival form Pius as a cognomen reflects its importance as an identifying trait. Like Fides, Pietas was cultivated as a goddess, with a temple vowed to her in 191 BC, related to the Latin verb religare, to bind, religio was the bond between gods and mortals, as carried out in traditional religious practices for preserving the pax deorum. Cultus was the observance and the correct performance of rituals. Religious practice, in sense, is to be distinguished from pietas
15.
Roman Empire
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Civil wars and executions continued, culminating in the victory of Octavian, Caesars adopted son, over Mark Antony and Cleopatra at the Battle of Actium in 31 BC and the annexation of Egypt. Octavians power was then unassailable and in 27 BC the Roman Senate formally granted him overarching power, the imperial period of Rome lasted approximately 1,500 years compared to the 500 years of the Republican era. The first two centuries of the empires existence were a period of unprecedented political stability and prosperity known as the Pax Romana, following Octavians victory, the size of the empire was dramatically increased. After the assassination of Caligula in 41, the senate briefly considered restoring the republic, under Claudius, the empire invaded Britannia, its first major expansion since Augustus. Vespasian emerged triumphant in 69, establishing the Flavian dynasty, before being succeeded by his son Titus and his short reign was followed by the long reign of his brother Domitian, who was eventually assassinated. The senate then appointed the first of the Five Good Emperors, the empire reached its greatest extent under Trajan, the second in this line. A period of increasing trouble and decline began with the reign of Commodus, Commodus assassination in 192 triggered the Year of the Five Emperors, of which Septimius Severus emerged victorious. The assassination of Alexander Severus in 235 led to the Crisis of the Third Century in which 26 men were declared emperor by the Roman Senate over a time span. It was not until the reign of Diocletian that the empire was fully stabilized with the introduction of the Tetrarchy, which saw four emperors rule the empire at once. This arrangement was unsuccessful, leading to a civil war that was finally ended by Constantine I. Constantine subsequently shifted the capital to Byzantium, which was renamed Constantinople in his honour and it remained the capital of the east until its demise. Constantine also adopted Christianity which later became the state religion of the empire. However, Augustulus was never recognized by his Eastern colleague, and separate rule in the Western part of the empire ceased to exist upon the death of Julius Nepos. The Eastern Roman Empire endured for another millennium, eventually falling to the Ottoman Turks in 1453, the Roman Empire was among the most powerful economic, cultural, political and military forces in the world of its time. It was one of the largest empires in world history, at its height under Trajan, it covered 5 million square kilometres. It held sway over an estimated 70 million people, at that time 21% of the entire population. Throughout the European medieval period, attempts were made to establish successors to the Roman Empire, including the Empire of Romania, a Crusader state. Rome had begun expanding shortly after the founding of the republic in the 6th century BC, then, it was an empire long before it had an emperor
16.
Byzantine Empire
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It survived the fragmentation and fall of the Western Roman Empire in the 5th century AD and continued to exist for an additional thousand years until it fell to the Ottoman Turks in 1453. During most of its existence, the empire was the most powerful economic, cultural, several signal events from the 4th to 6th centuries mark the period of transition during which the Roman Empires Greek East and Latin West divided. Constantine I reorganised the empire, made Constantinople the new capital, under Theodosius I, Christianity became the Empires official state religion and other religious practices were proscribed. Finally, under the reign of Heraclius, the Empires military, the borders of the Empire evolved significantly over its existence, as it went through several cycles of decline and recovery. During the reign of Maurice, the Empires eastern frontier was expanded, in a matter of years the Empire lost its richest provinces, Egypt and Syria, to the Arabs. This battle opened the way for the Turks to settle in Anatolia, the Empire recovered again during the Komnenian restoration, such that by the 12th century Constantinople was the largest and wealthiest European city. Despite the eventual recovery of Constantinople in 1261, the Byzantine Empire remained only one of several small states in the area for the final two centuries of its existence. Its remaining territories were annexed by the Ottomans over the 15th century. The Fall of Constantinople to the Ottoman Empire in 1453 finally ended the Byzantine Empire, the term comes from Byzantium, the name of the city of Constantinople before it became Constantines capital. This older name of the city would rarely be used from this point onward except in historical or poetic contexts. The publication in 1648 of the Byzantine du Louvre, and in 1680 of Du Canges Historia Byzantina further popularised the use of Byzantine among French authors, however, it was not until the mid-19th century that the term came into general use in the Western world. The Byzantine Empire was known to its inhabitants as the Roman Empire, the Empire of the Romans, Romania, the Roman Republic, Graikia, and also as Rhōmais. The inhabitants called themselves Romaioi and Graikoi, and even as late as the 19th century Greeks typically referred to modern Greek as Romaika and Graikika. The authority of the Byzantine emperor as the legitimate Roman emperor was challenged by the coronation of Charlemagne as Imperator Augustus by Pope Leo III in the year 800. No such distinction existed in the Islamic and Slavic worlds, where the Empire was more seen as the continuation of the Roman Empire. In the Islamic world, the Roman Empire was known primarily as Rûm, the Roman army succeeded in conquering many territories covering the entire Mediterranean region and coastal regions in southwestern Europe and north Africa. These territories were home to different cultural groups, both urban populations and rural populations. The West also suffered heavily from the instability of the 3rd century AD
17.
Justinian I
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Justinian I, traditionally known as Justinian the Great and also Saint Justinian the Great in the Eastern Orthodox Church, was a Byzantine emperor from 527 to 565. During his reign, Justinian sought to revive the empires greatness, because of his restoration activities, Justinian has sometimes been called the last Roman in modern historiography. This ambition was expressed by the recovery of the territories of the defunct western Roman Empire. His general, Belisarius, swiftly conquered the Vandal kingdom in North Africa, the prefect Liberius reclaimed the south of the Iberian peninsula, establishing the province of Spania. These campaigns re-established Roman control over the western Mediterranean, increasing the Empires annual revenue by over a million solidi, during his reign Justinian also subdued the Tzani, a people on the east coast of the Black Sea that had never been under Roman rule before. A still more resonant aspect of his legacy was the rewriting of Roman law, the Corpus Juris Civilis. His reign also marked a blossoming of Byzantine culture, and his building program yielded such masterpieces as the church of Hagia Sophia, a devastating outbreak of bubonic plague in the early 540s marked the end of an age of splendour. Justinian was born in Tauresium around 482, a native speaker of Latin, he came from a peasant family believed to have been of Illyro-Roman or Thraco-Roman origins. The cognomen Iustinianus, which he later, is indicative of adoption by his uncle Justin. During his reign, he founded Justiniana Prima not far from his birthplace and his mother was Vigilantia, the sister of Justin. Justin, who was in the guard before he became emperor, adopted Justinian, brought him to Constantinople. As a result, Justinian was well educated in jurisprudence, theology, Justinian served for some time with the Excubitors but the details of his early career are unknown. Chronicler John Malalas, who lived during the reign of Justinian, tells of his appearance that he was short, fair skinned, curly haired, round faced, another contemporary chronicler, Procopius, compares Justinians appearance to that of tyrannical Emperor Domitian, although this is probably slander. When Emperor Anastasius died in 518, Justin was proclaimed the new emperor, during Justins reign, Justinian was the emperors close confidant. As Justin became senile near the end of his reign, Justinian became the de facto ruler, Justinian was appointed consul in 521 and later commander of the army of the east. Upon Justins death on 1 August 527, Justinian became the sole sovereign, as a ruler, Justinian showed great energy. He was known as the emperor who never sleeps on account of his work habits, nevertheless, he seems to have been amiable and easy to approach. Around 525, he married his mistress, Theodora, in Constantinople and she was by profession a courtesan and some twenty years his junior
18.
Corpus Juris Civilis
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This article is about the Roman law codification of Justinian I. For the canon law codification of a name, see Corpus Juris Canonici. The Corpus Juris Civilis is the name for a collection of fundamental works in jurisprudence, issued from 529 to 534 by order of Justinian I. It is also referred to as the Code of Justinian. All three parts, even the textbook, were given force of law and they were intended to be, together, the sole source of law, reference to any other source, including the original texts from which the Code and the Digest had been taken, was forbidden. Nonetheless, Justinian found himself having to enact laws and today these are counted as a fourth part of the Corpus. The work was directed by Tribonian, an official in Justinians court and his team was authorized to edit what they included. How far they made amendments is not recorded and, in the main, by the early 7th century, the official government language had become Greek during the lengthy reign of Heraclius. How far the Corpus Juris Civilis or any of its parts was effective, however, it was not in general use during the Early Middle Ages. After the Early Middle Ages, interest in it revived and it was received or imitated as private law and its public law content was quarried for arguments by both secular and ecclesiastical authorities. This revived Roman law, in turn, became the foundation of law in all civil law jurisdictions. The provisions of the Corpus Juris Civilis also influenced the law of the Roman Catholic Church. The Corpus continues to have an influence on public international law. Its four parts thus constitute the foundation documents of the Western legal tradition, the Codex was the first part to be finished, on 7 April 529. It contained in Latin most of the existing imperial constitutiones, back to the time of Hadrian and these works had developed authoritative standing. This first edition is now lost, an edition was issued in 534 and is the text that has survived. At least the second edition contained some of Justinians own legislation and it is not known whether he intended there to be further editions, although he did envisage translation of Latin enactments into Greek. Laws against heresy The very first law in the Codex requires all persons under the jurisdiction of the Empire to hold the Christian faith and this was primarily aimed against heresies such as Nestorianism
19.
John Finnis
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John Mitchell Finnis is an Australian legal scholar and philosopher specialising in the philosophy of law. He is professor of law at University College, Oxford and at the University of Notre Dame, teaching jurisprudence, political theory and he is admitted to the English Bar as a member of Grays Inn. He was appointed an honorary Queens Counsel in 2017, Finnis was educated at St. Peters College, Adelaide and the University of Adelaide, where he was a member of St. Finnis was a friend of Aung San Suu Kyi, also an Oxford graduate, Finnis is a legal philosopher and author of Natural Law and Natural Rights, a seminal contribution to the philosophy of law and a restatement of natural law doctrine. For Finnis there are seven basic goods, life, knowledge, play, aesthetic experience, sociability of friendship, practical reasonableness, life for Finnis involves all aspects of vitality that enable a person to gain strong willpower. The second aspect of well-being is knowledge and is described as the desire to know, simply out of curiosity, as well as a concerning interest. The third aspect, play, is regarded as self-evident as there is no point of performing such activities. Aesthetic experience is the aspect and is considered similarly to play however. The fifth aspect for Finnis is sociability where it is realised through the creation of friendships, practical reasonableness is the sixth basic good where it is one’s ability to use their intellect in deciding choices that ultimately shape one’s nature. As the basic goods, and practical reasoning principles, are features of one’s well being the question is asked as to what are the aspects of well being. The basic goods are ideals to be achieved and perused whereby this view enables one to see the good and this knowledge effects a person’s practical reasoning regarding the different accessible forms of good that they can decide. Life, play and knowledge are substantive goods where sociability, aesthetic experience, practical reasonableness and he continues by stating that reflexive goods are defined in conditions of human choice where substantive goods provide reasons for making choices. Although Finnis provides that the goods are not to be considered moral values. Finnis concludes that the basic goods should be considered fundamentally good, after discussing the basic goods it is argued that within the list there is no hierarchal order, as the basic goods are considered impossible to compare or measure. Finnis believes the goods are equally self-evident, each of the basic goods can be considered the most important, as none of them can be reduced to simply a mechanism of achieving another. While technically the goods can be treated as superior to one another Finnis provides that each good is still fundamental where no priority value exists, Finniss work on natural law ethics has been a source of controversy in both neo-Thomist and analytical circles. For Andrew Sullivan, Finnis has articulated an intelligible and subtle account of homosexuality based on the new natural law, other scholars, such as Stephen Macedo and Michael J. Perry, have also criticised Finniss views. In May 2011, Oxford University Press published a collection of essays by John Finnis
20.
Thomism
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Thomism is the philosophical school that arose as a legacy of the work and thought of Thomas Aquinas, philosopher, theologian, and Doctor of the Church. In philosophy, his questions and commentaries on Aristotle are perhaps his most well-known works. The Second Vatican Council described Thomass system as the Perennial Philosophy, St. Thomas Aquinas believed that truth is to be accepted no matter where it is found. His doctrines draw from Greek, Roman, Jewish, philosophers and he largely followed Aristotelian terminology and metaphysics, and wrote comprehensive commentaries on Aristotle, often affirming Aristotles views with independent arguments. Thomas respectfully referred to Aristotle simply as the Philosopher and he also adhered to some neoplatonic principles, for example that it is absolutely true that there is first something which is essentially being and essentially good, which we call God. Everything can be called good and a being, inasmuch as it participates in it by way of a certain assimilation, shortly before Thomas died, his friend Reginald of Piperno implored him to finish his works. Thomas replied, I cannot, because all that I have written seems like straw to me, with the decree Postquam sanctissimus of 27 July 1914, Pope St. Pius X declared that 24 theses formulated by teachers from various institutions. Clearly contain the principles and more important thoughts of Thomas, potency and Act divide being in such a way that whatever is, is either pure act, or of necessity it is composed of potency and act as primary and intrinsic principles. Since act is perfection, it is not limited except through a potency which itself is a capacity for perfection, hence in any order in which an act is pure act, it will only exist, in that order, as a unique and unlimited act. But whenever it is finite and manifold, it has entered into a composition with potency. Consequently, the one God, unique and simple, alone subsists in absolute being, all other things that participate in being have a nature whereby their being is restricted, they are constituted of essence and being, as really distinct principles. A thing is called a being because of esse, God and creature are not called beings univocally, nor wholly equivocally, but analogically, by an analogy both of attribution and of proportionality. In every creature there is also a composition of the subsisting subject and of added secondary forms. Such composition cannot be understood unless being is really received in a distinct from it. Besides the absolute accidents there is also the accident, relation. Although by reason of its own character relation does not signify anything inhering in another, it often has a cause in things. A spiritual creature is wholly simple in its essence, yet there is still a twofold composition in the spiritual creature, namely, that of the essence with being, and that of the substance with accidents. However, the creature is composed of act and potency even in its very essence
21.
Justice
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Justice is the legal or philosophical theory by which fairness is administered. The concept of justice differs in every culture, an early theory of justice was set out by the Ancient Greek philosopher Plato in his work The Republic. Advocates of divine command theory argue that justice issues from God, in the 17th century, theorists like John Locke argued for the theory of natural law. Thinkers in the social contract tradition argued that justice is derived from the agreement of everyone concerned. In the 19th century, utilitarian thinkers including John Stuart Mill argued that justice is what has the best consequences, Theories of distributive justice concern what is distributed, between whom they are to be distributed, and what is the proper distribution. Egalitarians argued that justice can only exist within the coordinates of equality, John Rawls used a social contract argument to show that justice, and especially distributive justice, is a form of fairness. Property rights theorists take a view of distributive justice and argue that property rights-based justice maximizes the overall wealth of an economic system. Theories of retributive justice are concerned with punishment for wrongdoing, restorative justice is an approach to justice that focuses on restoring what is good, and necessarily focuses on the needs of victims and offenders. Understandings of justice differ in culture, as cultures are usually dependent upon a shared history. Each cultures ethics create values which influence the notion of justice, although there can be found some justice principles that are one and the same in all or most of the cultures, these are insufficient to create a unitary justice apprehension. In his dialogue Republic, Plato uses Socrates to argue for justice that covers both the just person and the just City State, Justice is a proper, harmonious relationship between the warring parts of the person or city. Hence, Platos definition of justice is that justice is the having and doing of what is ones own, a just man is a man in just the right place, doing his best and giving the precise equivalent of what he has received. This applies both at the level and at the universal level. A persons soul has three parts – reason, spirit and desire, similarly, a city has three parts – Socrates uses the parable of the chariot to illustrate his point, a chariot works as a whole because the two horses power is directed by the charioteer. Lovers of wisdom – philosophers, in one sense of the term – should rule because only they understand what is good, if one is ill, one goes to a medic rather than a farmer, because the medic is expert in the subject of health. Similarly, one should trust ones city to an expert in the subject of the good, not to a politician who tries to gain power by giving people what they want. For Socrates, the way the ship will reach its destination – the good – is if the navigator takes charge. Advocates of divine command theory argue that justice, and indeed the whole of morality, is the command of God
22.
Plato
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Plato was a philosopher in Classical Greece and the founder of the Academy in Athens, the first institution of higher learning in the Western world. He is widely considered the most pivotal figure in the development of philosophy, unlike nearly all of his philosophical contemporaries, Platos entire work is believed to have survived intact for over 2,400 years. Along with his teacher, Socrates, and his most famous student, Aristotle, Plato laid the foundations of Western philosophy. Alfred North Whitehead once noted, the safest general characterization of the European philosophical tradition is that it consists of a series of footnotes to Plato. In addition to being a figure for Western science, philosophy. Friedrich Nietzsche, amongst other scholars, called Christianity, Platonism for the people, Plato was the innovator of the written dialogue and dialectic forms in philosophy, which originate with him. He was not the first thinker or writer to whom the word “philosopher” should be applied, few other authors in the history of Western philosophy approximate him in depth and range, perhaps only Aristotle, Aquinas and Kant would be generally agreed to be of the same rank. Due to a lack of surviving accounts, little is known about Platos early life, the philosopher came from one of the wealthiest and most politically active families in Athens. Ancient sources describe him as a bright though modest boy who excelled in his studies, the exact time and place of Platos birth are unknown, but it is certain that he belonged to an aristocratic and influential family. Based on ancient sources, most modern scholars believe that he was born in Athens or Aegina between 429 and 423 BCE. According to a tradition, reported by Diogenes Laertius, Ariston traced his descent from the king of Athens, Codrus. Platos mother was Perictione, whose family boasted of a relationship with the famous Athenian lawmaker, besides Plato himself, Ariston and Perictione had three other children, these were two sons, Adeimantus and Glaucon, and a daughter Potone, the mother of Speusippus. The brothers Adeimantus and Glaucon are mentioned in the Republic as sons of Ariston, and presumably brothers of Plato, but in a scenario in the Memorabilia, Xenophon confused the issue by presenting a Glaucon much younger than Plato. Then, at twenty-eight, Hermodorus says, went to Euclides in Megara, as Debra Nails argues, The text itself gives no reason to infer that Plato left immediately for Megara and implies the very opposite. Thus, Nails dates Platos birth to 424/423, another legend related that, when Plato was an infant, bees settled on his lips while he was sleeping, an augury of the sweetness of style in which he would discourse about philosophy. Ariston appears to have died in Platos childhood, although the dating of his death is difficult. Perictione then married Pyrilampes, her mothers brother, who had served many times as an ambassador to the Persian court and was a friend of Pericles, Pyrilampes had a son from a previous marriage, Demus, who was famous for his beauty. Perictione gave birth to Pyrilampes second son, Antiphon, the half-brother of Plato and these and other references suggest a considerable amount of family pride and enable us to reconstruct Platos family tree
23.
Republic (Plato)
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The Republic is a Socratic dialogue, written by Plato around 380 BCE, concerning justice, the order and character of the just city-state and the just man. It is Platos best-known work, and has proven to be one of the worlds most influential works of philosophy and political theory, both intellectually and historically. In the books dialogue, Socrates discusses the meaning of justice and whether or not the just man is happier than the unjust man with various Athenians and they consider the natures of existing regimes and then propose a series of different, hypothetical cities in comparison. This culminates in the discussion of Kallipolis, a hypothetical city-state ruled by a philosopher king and they also discuss the theory of forms, the immortality of the soul, and the role of the philosopher and that of poetry in society. The dialogues may have taken place during the Peloponnesian War, while visiting the Piraeus with Glaucon, Polemarchus asks Socrates to join him for a celebration. Cephalus, Polemarchus, and Thrasymachus are then asked their definitions of justice by Socrates. Cephalus defines justice as giving what is owed, Polemarchus says justice is the art which gives good to friends and evil to enemies. Thrasymachus proclaims justice is nothing else than the interest of the stronger, Socrates overturns their definitions and says that it is your advantage to be just and disadvantage to be unjust. The first book ends in aporia concerning its essence, Socrates believes he has answered Thrasymachus and is done with the discussion of justice. Socratess young companions, Glaucon and Adeimantus, continue the argument of Thrasymachus for the sake of furthering the discussion. Glaucon would like Socrates to prove that justice is not only desirable, but that it belongs to the highest class of desirable things, Socrates suggests that they look for justice in a city rather than in an individual man. After attributing the origin of society to the not being self-sufficient and having many needs which he cannot supply himself. Socrates first describes the state but Glaucon asks him to describe a city of pigs. He then goes on to describe the city, which he calls a fevered state. This requires a class to defend and attack on its account. This begins a discussion concerning the type of education that ought to be given to these guardians in their early years and they conclude that stories that ascribe evil to the gods are untrue and should not be taught. Socrates and his companions Adeimantus and Glaucon conclude their discussion concerning education, Socrates breaks the educational system into two. They suggest that guardians should be educated in these four virtues, wisdom, courage and they also suggest that the second part of the guardians education should be in gymnastics
24.
Aristotle
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Aristotle was an ancient Greek philosopher and scientist born in the city of Stagira, Chalkidice, on the northern periphery of Classical Greece. His father, Nicomachus, died when Aristotle was a child, at seventeen or eighteen years of age, he joined Platos Academy in Athens and remained there until the age of thirty-seven. Shortly after Plato died, Aristotle left Athens and, at the request of Philip II of Macedon, teaching Alexander the Great gave Aristotle many opportunities and an abundance of supplies. He established a library in the Lyceum which aided in the production of many of his hundreds of books and he believed all peoples concepts and all of their knowledge was ultimately based on perception. Aristotles views on natural sciences represent the groundwork underlying many of his works, Aristotles views on physical science profoundly shaped medieval scholarship. Their influence extended from Late Antiquity and the Early Middle Ages into the Renaissance, some of Aristotles zoological observations, such as on the hectocotyl arm of the octopus, were not confirmed or refuted until the 19th century. His works contain the earliest known study of logic, which was incorporated in the late 19th century into modern formal logic. Aristotle was well known among medieval Muslim intellectuals and revered as The First Teacher and his ethics, though always influential, gained renewed interest with the modern advent of virtue ethics. All aspects of Aristotles philosophy continue to be the object of academic study today. Though Aristotle wrote many elegant treatises and dialogues – Cicero described his style as a river of gold – it is thought that only around a third of his original output has survived. Aristotle, whose means the best purpose, was born in 384 BC in Stagira, Chalcidice. His father Nicomachus was the physician to King Amyntas of Macedon. Aristotle was orphaned at a young age, although there is little information on Aristotles childhood, he probably spent some time within the Macedonian palace, making his first connections with the Macedonian monarchy. At the age of seventeen or eighteen, Aristotle moved to Athens to continue his education at Platos Academy and he remained there for nearly twenty years before leaving Athens in 348/47 BC. Aristotle then accompanied Xenocrates to the court of his friend Hermias of Atarneus in Asia Minor, there, he traveled with Theophrastus to the island of Lesbos, where together they researched the botany and zoology of the island. Aristotle married Pythias, either Hermiass adoptive daughter or niece and she bore him a daughter, whom they also named Pythias. Soon after Hermias death, Aristotle was invited by Philip II of Macedon to become the tutor to his son Alexander in 343 BC, Aristotle was appointed as the head of the royal academy of Macedon. During that time he gave not only to Alexander
25.
Francesco Hayez
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Francesco Hayez was an Italian painter, the leading artist of Romanticism in mid-19th-century Milan, renowned for his grand historical paintings, political allegories and exceptionally fine portraits. Hayez came from a poor family from Venice. His father, Giovanni, was of French origin while his mother, the child Francesco, youngest of five sons, was brought up by his mothers sister, who had married Giovanni Binasco, a well-off shipowner and collector of art. From childhood he showed a predisposition for drawing, so his uncle apprenticed him to an art restorer, later he became a student of the painter Francesco Maggiotto with whom he continued his studies for three years. He was admitted to the course of the New Academy of Fine Arts in 1806. In 1809 he won a competition from the Academy of Venice for one year of study at the Accademia di San Luca in Rome. He remained in Rome until 1814, then moved to Naples where he was commissioned by Joachim Murat to paint a major work depicting Ulysses at the court of Alcinous. In the mid-1830s he attended the Salotto Maffei salon in Milan, hosted by Clara Maffei, Francesco Hayez lived long and was prolific. His output spanned both historic paintings, including those that would have appealed to the sensibility of his patrons. Others reflect the desire to accompany a Neoclassic style to grand themes and he also painted scenes from theatrical presentations of his day. Conspicuously lacking from his output, however, are intended for devotional display. Corrado Ricci describes him as starting as a classicist but then evolving to a style of emotional tumult and his portraits have the intensity seen with Ingres and the Nazarene movement. Often sitting, the dress in austere, often black and white clothing. While he did portraits for the nobility, other subjects are artists. Late in his career, he is known to have worked using photographs, one of his favorite themes was a semi-clothed female. Often they were, like his Odalisque, evocative of oriental themes, the depictions of harems and their women allowed them the ability to paint scenes not acceptable in their society. Even his Mary Magdalene has more sensuality than religious fervor, among his works, his painting The Kiss was considered among his best work by contemporaries, and has only gained in esteem since then. The anonymous, unaffected gesture of the couple does not require knowledge of myth or literature to interpret, assessment of the career of Hayez is complicated by the fact that he often did not sign or date his works
26.
Socrates
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Socrates was a classical Greek philosopher credited as one of the founders of Western philosophy. He is a figure known chiefly through the accounts of classical writers, especially the writings of his students Plato and Xenophon. Platos dialogues are among the most comprehensive accounts of Socrates to survive from antiquity, though it is unclear the degree to which Socrates himself is hidden behind his best disciple, nothing written by Socrates remains extant. As a result, information about him and his philosophies depends upon secondary sources, furthermore, close comparison between the contents of these sources reveals contradictions, thus creating concerns about the possibility of knowing in-depth the real Socrates. This issue is known as the Socratic problem, or the Socratic question, to understand Socrates and his thought, one must turn primarily to the works of Plato, whose dialogues are thought the most informative source about Socrates life and philosophy, and also Xenophon. These writings are the Sokratikoi logoi, or Socratic dialogues, which consist of reports of conversations apparently involving Socrates, as for discovering the real-life Socrates, the difficulty is that ancient sources are mostly philosophical or dramatic texts, apart from Xenophon. There are no straightforward histories, contemporary with Socrates, that dealt with his own time, a corollary of this is that sources that do mention Socrates do not necessarily claim to be historically accurate, and are often partisan. For instance, those who prosecuted and convicted Socrates have left no testament, historians therefore face the challenge of reconciling the various evidence from the extant texts in order to attempt an accurate and consistent account of Socrates life and work. The result of such an effort is not necessarily realistic, even if consistent, amid all the disagreement resulting from differences within sources, two factors emerge from all sources pertaining to Socrates. It would seem, therefore, that he was ugly, also, Xenophon, being an historian, is a more reliable witness to the historical Socrates. It is a matter of debate over which Socrates it is whom Plato is describing at any given point—the historical figure. As British philosopher Martin Cohen has put it, Plato, the idealist, offers an idol, a Saint, a prophet of the Sun-God, a teacher condemned for his teachings as a heretic. It is also clear from other writings and historical artefacts, that Socrates was not simply a character, nor an invention, the testimony of Xenophon and Aristotle, alongside some of Aristophanes work, is useful in fleshing out a perception of Socrates beyond Platos work. The problem with discerning Socrates philosophical views stems from the perception of contradictions in statements made by the Socrates in the different dialogues of Plato and these contradictions produce doubt as to the actual philosophical doctrines of Socrates, within his milieu and as recorded by other individuals. Aristotle, in his Magna Moralia, refers to Socrates in words which make it patent that the virtue is knowledge was held by Socrates. Within the Metaphysics, he states Socrates was occupied with the search for moral virtues, however, in The Clouds, Aristophanes portrays Socrates as accepting payment for teaching and running a sophist school with Chaerephon. Also, in Platos Apology and Symposium, as well as in Xenophons accounts, more specifically, in the Apology, Socrates cites his poverty as proof that he is not a teacher. Two fragments are extant of the writings by Timon of Phlius pertaining to Socrates, although Timon is known to have written to ridicule, details about the life of Socrates can be derived from three contemporary sources, the dialogues of Plato and Xenophon, and the plays of Aristophanes
27.
Natural justice
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In English law, natural justice is technical terminology for the rule against bias and the right to a fair hearing. While the term natural justice is often retained as a general concept, the basis for the rule against bias is the need to maintain public confidence in the legal system. Bias can take the form of bias, imputed bias or apparent bias. Cases from different jurisdictions currently apply two tests for apparent bias, the suspicion of bias test and the real likelihood of bias test. One view that has taken is that the differences between these two tests are largely semantic and that they operate similarly. The mere fact that a decision affects rights or interests is sufficient to subject the decision to the procedures required by natural justice. In Europe, the right to a hearing is guaranteed by Article 6 of the European Convention on Human Rights. Natural justice is a term of art that denotes specific procedural rights in the English legal system and it is similar to the American concepts of fair procedure and procedural due process, the latter having roots that to some degree parallel the origins of natural justice. Natural justice is identified with the two constituents of a hearing, which are the rule against bias, and the right to a fair hearing. The requirements of justice or a duty to act fairly depend on the context. In Baker v. Earlier, in Knight v. Indian Head School Division No, furthermore, preliminary decisions will generally not trigger the duty to act fairly, but decisions of a more final nature may have such an effect. In addition, whether a duty to act fairly applies depends on the relationship between the authority and the individual. No duty exists where the relationship is one of master and servant, on the other hand, a duty to act fairly exists where the individual cannot be removed from office except for cause. Finally, a right to procedural fairness only exists when a decision is significant and has an important impact on the individual. A person is barred from deciding any case in which he or she may be, or may fairly be suspected to be, biased. This principle embodies the concept of impartiality, and applies to courts of law, tribunals, arbitrators. The basis on which impartiality operates is the need to maintain confidence in the legal system. The erosion of public confidence undermines the nobility of the legal system, Bias may be actual, imputed or apparent
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Latin
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Latin is a classical language belonging to the Italic branch of the Indo-European languages. The Latin alphabet is derived from the Etruscan and Greek alphabets, Latin was originally spoken in Latium, in the Italian Peninsula. Through the power of the Roman Republic, it became the dominant language, Vulgar Latin developed into the Romance languages, such as Italian, Portuguese, Spanish, French, and Romanian. Latin, Italian and French have contributed many words to the English language, Latin and Ancient Greek roots are used in theology, biology, and medicine. By the late Roman Republic, Old Latin had been standardised into Classical Latin, Vulgar Latin was the colloquial form spoken during the same time and attested in inscriptions and the works of comic playwrights like Plautus and Terence. Late Latin is the language from the 3rd century. Later, Early Modern Latin and Modern Latin evolved, Latin was used as the language of international communication, scholarship, and science until well into the 18th century, when it began to be supplanted by vernaculars. Ecclesiastical Latin remains the language of the Holy See and the Roman Rite of the Catholic Church. Today, many students, scholars and members of the Catholic clergy speak Latin fluently and it is taught in primary, secondary and postsecondary educational institutions around the world. The language has been passed down through various forms, some inscriptions have been published in an internationally agreed, monumental, multivolume series, the Corpus Inscriptionum Latinarum. Authors and publishers vary, but the format is about the same, volumes detailing inscriptions with a critical apparatus stating the provenance, the reading and interpretation of these inscriptions is the subject matter of the field of epigraphy. The works of several hundred ancient authors who wrote in Latin have survived in whole or in part and they are in part the subject matter of the field of classics. The Cat in the Hat, and a book of fairy tales, additional resources include phrasebooks and resources for rendering everyday phrases and concepts into Latin, such as Meissners Latin Phrasebook. The Latin influence in English has been significant at all stages of its insular development. From the 16th to the 18th centuries, English writers cobbled together huge numbers of new words from Latin and Greek words, dubbed inkhorn terms, as if they had spilled from a pot of ink. Many of these words were used once by the author and then forgotten, many of the most common polysyllabic English words are of Latin origin through the medium of Old French. Romance words make respectively 59%, 20% and 14% of English, German and those figures can rise dramatically when only non-compound and non-derived words are included. Accordingly, Romance words make roughly 35% of the vocabulary of Dutch, Roman engineering had the same effect on scientific terminology as a whole
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Thomas Aquinas
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Saint Thomas Aquinas O. P. was an Italian Dominican friar, Catholic priest, and Doctor of the Church. He was an influential philosopher, theologian, and jurist in the tradition of scholasticism, within which he is also known as the Doctor Angelicus. The name Aquinas identifies his ancestral origins in the county of Aquino in present-day Lazio and he was the foremost classical proponent of natural theology and the father of Thomism, of which he argued that reason is found in God. His influence on Western thought is considerable, and much of modern philosophy developed or opposed his ideas, particularly in the areas of ethics, natural law, metaphysics, the works for which he is best known are the Summa Theologiae and the Summa contra Gentiles. His commentaries on Scripture and on Aristotle form an important part of his body of work, furthermore, Thomas is distinguished for his eucharistic hymns, which form a part of the Churchs liturgy. Thomas Aquinas is considered one of the Catholic Churchs greatest theologians, Pope Benedict XV declared, This Order. Acquired new luster when the Church declared the teaching of Thomas to be her own and that Doctor, honored with the praises of the Pontiffs. The English philosopher Anthony Kenny considers Aquinas to be one of the dozen greatest philosophers of the western world, Thomas was most probably born in the castle of Roccasecca, located in Aquino, old county of the Kingdom of Sicily, c.1225. According to some authors, he was born in the castle of his father, though he did not belong to the most powerful branch of the family, Landulf of Aquino was a man of means. As a knight in the service of King Roger II, he held the title miles, Thomass mother, Theodora, belonged to the Rossi branch of the Neapolitan Caracciolo family. Landulfs brother Sinibald was abbot of the first Benedictine monastery at Monte Cassino and it was here that Thomas was probably introduced to Aristotle, Averroes and Maimonides, all of whom would influence his theological philosophy. There his teacher in arithmetic, geometry, astronomy, and music was Petrus de Ibernia, at the age of nineteen Thomas resolved to join the recently founded Dominican Order. Thomass change of heart did not please his family, in an attempt to prevent Theodoras interference in Thomass choice, the Dominicans arranged to move Thomas to Rome, and from Rome, to Paris. Political concerns prevented the Pope from ordering Thomass release, which had the effect of extending Thomass detention, Thomas passed this time of trial tutoring his sisters and communicating with members of the Dominican Order. Family members became desperate to dissuade Thomas, who remained determined to join the Dominicans, at one point, two of his brothers resorted to the measure of hiring a prostitute to seduce him. According to legend Thomas drove her away wielding a fire iron and that night two angels appeared to him as he slept and strengthened his determination to remain celibate. By 1244, seeing all of her attempts to dissuade Thomas had failed, Theodora sought to save the familys dignity. In her mind, an escape from detention was less damaging than an open surrender to the Dominicans
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Nicomachean Ethics
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The Nicomachean Ethics is the name normally given to Aristotles best-known work on ethics. The work, which plays a pre-eminent role in defining Aristotelian ethics, consists of ten books, originally separate scrolls, the title is often assumed to refer to his son Nicomachus, to whom the work was dedicated or who may have edited it. Alternatively, the work may have dedicated to his father. The theme of the work is a Socratic question previously explored in the works of Plato, Aristotles friend and teacher, of how men should best live. In his Metaphysics, Aristotle described how Socrates, the friend and teacher of Plato, had turned philosophy to human questions, Ethics, as now separated out for discussion by Aristotle, is practical rather than theoretical, in the original Aristotelian senses of these terms. In other words, it is not only a contemplation about good living and it is therefore connected to Aristotles other practical work, the Politics, which similarly aims at people becoming good. Ethics is about how individuals should best live, while the study of politics is from the perspective of a law-giver and it therefore indirectly became critical in the development of all modern philosophy as well as European law and theology. Many parts of the Nicomachean Ethics are well known in their own right, in the Middle Ages, a synthesis between Aristotelian ethics and Christian theology became widespread, in Europe as introduced by Albertus Magnus. While various philosophers had influenced Christendom since its earliest times, in Western Europe Aristotle became the Philosopher, the most important version of this synthesis was that of Thomas Aquinas. Other more Averroist Aristotelians such as Marsilius of Padua were controversial, however, in more recent generations, Aristotles original works have once again become an important source. More recent authors influenced by this work include Alasdair MacIntyre, Hans-Georg Gadamer, Martha Nussbaum, the Latin, which is also commonly used, can be Ethica Nicomachea or, De Moribus ad Nicomachum. The Nicomachean Ethics is very often abbreviated NE, or EN, in many ways this work parallels the similar Eudemian Ethics, which has only eight books, and the two works can be fruitfully compared. Books V, VI, and VII of the Nicomachean Ethics are identical to Books IV, V, opinions about the relationship between the two works—for example, which was written first, and which originally contained the three common books, are divided. If there are several virtues then the best and most complete or perfect of them will be the happiest one, an excellent human will be a person good at living life, who does it well and beautifully. Aristotle says that such a person would also be a human being. He also asserts as part of starting point that virtue for a human must involve reason in thought and speech. From this starting point, Aristotle goes into discussion of what ethics, Aristotelian Ethics is about what makes a virtuous character possible, which is in turn necessary if happiness is to be possible. He describes a sequence of steps to achieve this, First, righteous actions, often done under the influence of teachers
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Scholarly method
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It is the methods that systemically advance the teaching, research, and practice of a given scholarly or academic field of study through rigorous inquiry. Scholarship is noted by its significance to its particular profession, and is creative, can be documented, can be replicated or elaborated, the primary purpose of scholasticism is to find the answer to a question or to resolve a contradiction. It was once known for its application in medieval theology but was eventually applied to classical philosophy. The historical method comprises the techniques and guidelines by which historians use primary sources and other evidence to research, the question of the nature, and indeed the possibility, of sound historical method is raised in the philosophy of history, as a question of epistemology. History guidelines commonly used by historians in their work require external criticism, internal criticism, the empirical method is generally taken to mean the collection of data on which to base a hypothesis or derive a conclusion in science. It is part of the method, but is often mistakenly assumed to be synonymous with other methods. The empirical method is not sharply defined and is contrasted with the precision of experiments. The experimental method investigates causal relationships among variables, an experiment is a cornerstone of the empirical approach to acquiring data about the world and is used in both natural sciences and social sciences. An experiment can be used to solve practical problems and to support or negate theoretical assumptions. The scientific method refers to a body of techniques for investigating phenomena, acquiring new knowledge, to be termed scientific, a method of inquiry must be based on gathering observable, empirical and measurable evidence subject to specific principles of reasoning. A scientific method consists of the collection of data through observation and experimentation, there are numerous examples of ethical concerns, including, Confidentiality of information used, Participants’ anonymity, Consent by participants, Security and benefits to individuals
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Scholasticism
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It originated as an outgrowth of and a departure from Christian monastic schools at the earliest European universities. The Scholastic thought is known for rigorous conceptual analysis and the careful drawing of distinctions. Because of its emphasis on rigorous dialectical method, scholasticism was eventually applied to other fields of study. Some of the figures of scholasticism include Anselm of Canterbury, Peter Abelard, Alexander of Hales, Albertus Magnus, Duns Scotus, William of Ockham, Bonaventure. Important work in the tradition has been carried on well past Aquinass time, for instance by Francisco Suárez and Luis de Molina. The terms scholastic and scholasticism derive from the Latin word scholasticus and the latter from the Greek σχολαστικός, forerunners of Christian scholasticism were Islamic Ilm al-Kalām, literally science of discourse, and Jewish philosophy, especially Jewish Kalam. The first significant renewal of learning in the West came with the Carolingian Renaissance of the Early Middle Ages, charlemagne, advised by Peter of Pisa and Alcuin of York, attracted the scholars of England and Ireland. By decree in AD787, he established schools in every abbey in his empire and these schools, from which the name scholasticism is derived, became centers of medieval learning. During this period, knowledge of Ancient Greek had vanished in the west except in Ireland, Irish scholars had a considerable presence in the Frankish court, where they were renowned for their learning. Among them was Johannes Scotus Eriugena, one of the founders of scholasticism, Eriugena was the most significant Irish intellectual of the early monastic period and an outstanding philosopher in terms of originality. He had considerable familiarity with the Greek language and translated works into Latin, affording access to the Cappadocian Fathers. The other three founders of scholasticism were the 11th-century scholars Peter Abelard, Archbishop Lanfranc of Canterbury and Archbishop Anselm of Canterbury and this period saw the beginning of the rediscovery of many Greek works which had been lost to the Latin West. As early as the 10th century, scholars in Spain had begun to gather translated texts and, in the half of that century. After a successful burst of Reconquista in the 12th century, Spain opened even further for Christian scholars, as these Europeans encountered Islamic philosophy, they opened a wealth of Arab knowledge of mathematics and astronomy. Scholars such as Adelard of Bath traveled to Spain and Sicily, translating works on astronomy and mathematics, at the same time, Anselm of Laon systematized the production of the gloss on Scripture, followed by the rise to prominence of dialectic in the work of Abelard. Peter Lombard produced a collection of Sentences, or opinions of the Church Fathers and other authorities The 13th, the early 13th century witnessed the culmination of the recovery of Greek philosophy. Schools of translation grew up in Italy and Sicily, and eventually in the rest of Europe, powerful Norman kings gathered men of knowledge from Italy and other areas into their courts as a sign of their prestige. His work formed the basis of the commentaries that followed
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Summa Theologica
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The Summa Theologiæ is the best-known work of Thomas Aquinas. Although unfinished, the Summa is one of the classics of the history of philosophy and it was intended as an instructional guide for theology students, including seminarians and the literate laity. It was a compendium of all of the theological teachings of the Catholic Church. It presents the reasoning for almost all points of Christian theology in the West, the Summas topics follow a cycle, the existence of God, Creation, Man, Mans purpose, Christ, the Sacraments, and back to God. The Summa is Aquinas most perfect work, the fruit of his mature years, among non-scholars, the Summa is perhaps most famous for its five arguments for the existence of God, which are known as the five ways. The five ways, however, occupy under two pages of the Summas approximately 3,500 pages and he completed the Prima Pars in its entirety and circulated it in Italy before departing to take up his second regency as professor at the University of Paris. The Summa is composed of three parts, each of which deals with a major subsection of Christian theology. Each part contains several questions, each of which revolves around a more specific subtopic, each question contains several articles phrased as interrogative statements dealing with specific issues, such as Whether Christ should have led a life of poverty in this world. The Summa has a format for each article. A series of objections to the conclusion are given, one such objection, a short counter-statement, beginning with the phrase sed contra, is then given, this statement almost always references authoritative literature, such as the Bible, Aristotle, or the Church Fathers. The actual argument is made, this is generally a clarification of the issue. For example, Aquinas states that it was fitting for Christ to lead a life of poverty in this world for four distinct reasons, individual replies to the preceding objections are then given, if necessary. These replies range from one sentence to several paragraphs in length and this method of exposition is derived from Averroes, to whom Aquinas refers respectfully as the Commentator. The Summa makes many references to certain thinkers held in respect in Aquinass time. The arguments from authority, or sed contra arguments, are almost entirely based on citations from these authors, some were called by special names, The Apostle, Paul the Apostle. He wrote the majority of the New Testament canon after his conversion and he was considered the most astute philosopher – the one who had expressed the most truth up to that time. The main aim of the Scholastic theologians was to use his precise technical terms and he was among the foremost commentators on Aristotles works in Arabic, and his commentaries were often translated into Latin. Writer of the dominant theological text for the time, The Sentences The Theologian, considered the greatest theologian who had ever lived up to that time, Augustines works are frequently quoted by Aquinas
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Doctor of the Church
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Doctor of the Church is a title given by the Catholic Church to saints whom they recognize as having been of particular importance, particularly regarding their contribution to theology or doctrine. Some other churches have similar categories with various names, in the Western church four eminent Fathers of the Church attained this honour in the early Middle Ages, Saint Gregory the Great, Saint Ambrose, Saint Augustine, and Saint Jerome. The four Doctors became a commonplace among the Scholastics, and a decree of Boniface VIII ordering their feasts to be kept as doubles in the whole Church is contained in his book of Decretals. In the Eastern Church three Doctors were pre-eminent, Saint John Chrysostom, Saint Basil the Great, and Saint Gregory Nazianzen, the feasts of these three saints were made obligatory throughout the Eastern Empire by Leo VI the Wise. A common feast was instituted in their honour on 30 January. But sermons for the feast are attributed in manuscripts to Cosmas Vestitor, the three are as common in Eastern art as the four are in Western. Durandus remarks that Doctors should be represented with books in their hands, in the West analogy led to the veneration of four Eastern Doctors, Saint Athanasius being added to the three hierarchs. The details of the title, doctor of the church, vary from one autonomous ritual church to another, to these names others have subsequently been added to the liturgy. The requisite conditions are enumerated as three, eminens doctrina, insignis vitae sanctitas, Ecclesiae declaratio, Benedict XIV explains the third as a declaration by the supreme pontiff or by a general council. But though general councils have acclaimed the writings of certain Doctors, the procedure involves extending to the universal church the use of the Divine Office and Mass of the saint in which the title of doctor is applied to him. The decree is issued by the Congregation for the Causes of the Saints and approved by the pope, after an examination, if necessary. It is not in any way an ex cathedra decision, nor does it even amount to a declaration that no error is to be found in the teaching of the Doctor. It is, indeed, well known that the very greatest of them are not wholly immune from error, no martyr is in the list, since the Office and the Mass are for Confessors. Hence, as Benedict XIV points out, Saint Ignatius of Antioch, Saint Irenaeus, the Doctors works vary greatly in subject and form. Some, such as Pope Gregory I and Ambrose were prominent writers of letters, Catherine of Siena and John of the Cross wrote mystical theology. Augustine and Bellarmine defended the Church against heresy, bedes Ecclesiastical History of the English People provides the best information on England in the early Middle Ages. Systematic theologians include the Scholastic philosophers Anselm, Albertus Magnus, Saints Teresa and Therese were both Discalced Carmelites, St. Catherine was a lay Dominican, and Hildegard was a Benedictine. * Jucunditatem et exsultationem thesaurizavit super eum, the Nicene Creed was also recited at Mass, which is normally not said except on Sundays and the highest-ranking feast days
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School of Salamanca
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The School of Salamanca is the Renaissance of thought in diverse intellectual areas by Spanish and Portuguese theologians, rooted in the intellectual and pedagogical work of Francisco de Vitoria. These new problems were addressed by the School of Salamanca, the name refers to the University of Salamanca, where de Vitoria and others of the school were based. The first began with Francisco de Vitoria, and reached its point with Domingo de Soto. The Conimbricenses were Jesuits who, from the end of 16th century took over the leadership of the Catholic world from the Dominicans. Among those Jesuits were Luis de Molina, the aforementioned Francisco Suárez, and Giovanni Botero, the juridical doctrine of the School of Salamanca represented the end of medieval concepts of law, with a revindication of liberty not habitual in Europe of that time. The natural rights of man came to be, in one form or another, the School of Salamanca reformulated the concept of natural law, law originating in nature itself, with all that exists in the natural order sharing in this law. Their conclusion was, given that all share the same nature, they also share the same rights to life. Such views constituted a novelty in European thought and went counter to those then predominant in Spain, one direct consequence of the separation of realms of power is that the king or emperor does not legitimately have jurisdiction over souls, nor does the pope have legitimate temporal power. This included the proposal that there are limits on the powers of government. Counter to this, several adherents of the School sustained that the people are the vehicle of divine sovereignty, men are born free by their nature and not as slaves of another man, and can disobey even to the point of deposing an unjust government. Gabriel Vázquez held that law is not limited to the individual. For Suárez, the power of society is contractual in origin because the community forms by consensus of free wills. Francisco de Vitoria was perhaps the first to develop a theory of ius gentium and he extrapolated his ideas of legitimate sovereign power to society at the international level, concluding that this scope as well ought to be ruled by just forms respectable of the rights of all. The common good of the world is of a superior to the good of each state. This meant that relations between states ought to pass from being justified by force to being justified by law and justice, Francisco Suárez subdivided the concept of ius gentium. Working with already well-formed categories, he carefully distinguished ius inter gentes from ius intra gentes, ius inter gentes was something common to the majority of countries, although being positive law, not natural law, was not necessarily universal. On the other hand, ius intra gentes, or civil law, is specific to each nation. Given that war is one of the worst evils suffered by mankind, a diplomatic agreement is preferable, even for the more powerful party, before a war is started
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Ius gentium
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The ius gentium is not a body of statute law or a legal code, but rather customary law thought to be held in common by all gentes in reasoned compliance with standards of international conduct. Following the Christianization of the Roman Empire, canon law also contributed to the European ius gentium, in classical antiquity, the ius gentium was regarded as an aspect of natural law, as distinguished from civil law. Thus the Roman people observes partly its own law and partly the common law of all mankind. As a form of law, the ius gentium was regarded as innate in every human being. Cicero distinguished between things that are written and those that are unwritten but upheld by the ius gentium or the mos maiorum, in his treatise De officiis, he regards the ius gentium as a higher law of moral obligation binding human beings beyond the requirements of civil law. A person driven into exile, for instance, lost his standing as a Roman citizen. Slavery, for instance, was supported by the ius gentium, in this tripartite division of law, property rights might be considered a part of the ius gentium, but not of natural law. The ius gentium was thus in practice important in facilitating commercial law, the theory and terminology of private law was far more developed among the Romans than that of international law. The earliest form of law was religious and pertained to the concept of the just war. Foreign ambassadors were protected by the ius gentium, and it was a violation to harm an envoy. While the terms of peace treaties might be said to fall broadly within the ius gentium, as gentes were brought under Roman rule, Roman law became in effect international law. Local laws remained in force as long they did not come into conflict with Roman law, the praetor assigned to foreign affairs is thought by many scholars to have played an important role in extending Roman civil law to the gentes. Laws originally pertaining to matters of law among Roman citizens, such as property transfers. Questions of international law might arise in relation to individual grants of citizenship, societas, although sometimes a mere synonym for amicitia, is an obligation to peace and neutrality with a duty to grant military support. Foedus, originally a sacred oath made by a fetial priest on behalf of the Roman people, pax, both the state of peace and the means to achieve it by treaty. Indutiae, cease-fires that do not end the war as a whole, deditio, surrender, with the inherent normative expectation that the victor would in any case spare the inhabitants lives. Fides, trustworthiness, loyalty, credibility, was a quality the Romans wanted to pride themselves for upholding, including respect for the law, in the Middle Ages, the ius gentium derived from canon law in addition to Roman legal theory. The Law of War and Peace, Hugo Grotius, the Law of Nature and of Nations, Samuel Pufendorf
