Legislation, Legal Development and Anomie in Plato’s Philosophy of Law

MOUSOURAKIS George

廣島法學

The Hiroshima Law Journal

[ISSN] 03865010

[NCID] AN0021395X

In his Socratic dialogues, Plato seeks to vindicate the memory of Socrates by showing that Socrates’ behaviour provides the model that the virtuous citizen ought to follow in his relationship with his state and its laws. Socrates offers a clear example of the consistency of the function of the common citizen with that of the wise man. In this respect, the possibility of a science of legal dynamics appears to be a subsidiary issue. If, however, one considers the fact that, according to Plato, the legal order is largely dependent on its acceptance by the ordinary citizen, one can argue that the Socratic dialogues contain hints of a theory of legal development. The purpose of the present paper is to explore and comment on Plato’s views on legal development as a key element of social development, with particular attention being paid to his works Apology of Socrates and Crito. Although the focus of the discussion will be on the positive aspect of legal development, Plato’s notion of lawlessness or anomie and its effects on the legal order will also be examined.

英語

広島大学法学会

THE SOCIETY OF LAW OF HIROSHIMA UNIVERSITY

許可なく複製・転載することを禁じる