Pre-Modern Legal Philosophies

What is the meaning of natural law?    The idea that there is a real, pre-political set of rules that provide the yardstick against which human laws can be measured Natural law is a metaphysical concept (not something physical) Cannot be touched, seen or measured What is the meaning of the common good?    Here the assumption is that the community is more important than the individual Terms such as “human rights” are inappropriate for this type of thinking Idea of individual rights being in conflict with the interests of the group is unthinkable What is the meaning metaphysics?    Metaphysical assumptions led to the development of the theory of natural law Metaphysical ideas include beliefs in ghosts, devils and Gods Ideas of reality beyond the physical meant a separate set of laws exist metaphysically What is the meaning of natural order?     There is a natural order or natural harmony that applies to social life and the law In legal thinking, the hierarchical structure of these societies were never questioned and were justified (Nazi’s, Apartheid) This meant that laws were often regarded as being beyond criticism If your laws are from natural order and your order comes from God, then criticism of laws is indirect criticism of God The Greek philosophers Plato     Ideas on law and nature of justice are linked to his theory of knowledge He wanted to understand how we tell what is true and what is false His famous story of the cave: Imagine a group of prisoners tied up in a cave in a way that they can only look at the wall in front of them Behind them a fire is burning