Antiquity and Middle Ages Flashcards
1
Q
What is the Shield of Achilles?
A
- shield on which 2 cities are portrayed (city of peace and city of war)
- in the peaceful city there’s a trial
- participants: plaintiff, defendant, elders, judge, public
- justice (trial) done in the public square, ensuring transparency and communal validation
- trials resolve disputes avoiding war
- trials signify transition from society of revenge to civil society
2
Q
Main concepts of law in Homer.
A
- homeric society follows unwritten laws
- responsability for vilation of the laws is collective
- sanctions enforced by injured party are legal duty to divine will
- justice is rooted in shared values
- WILL - laws originate from the divine will
- THEMIS - sacred and social rules, that are revealed by God are followed by the society
- SANCTION - divine retributions
3
Q
What is the transition from Homer to Hesiod?
A
- Homerian epic was only oral, Hesiod’s is written
- Homer told stories centered on the heroe and his actions
- Hesiod focuses even on more absract concepts without centering the point on a concrete person
- Hesiod law and justice is secularised (Zeus only oversees justice, but doesn’t primarily impose it)
- Hesiod’s justice is centered around humans and their individual actions
4
Q
Fable of the hawk and the nightingale.
A
- fable by Hesiod to guve a warning to rulers
- it is considered ti be the first fable of Western culture
- nightingale acknowledges his weaknest towards the hawk, however he keeps signing - metaphor for demanding justice even in the weaker position
- message - arrogance harms even the strongest; kings are responsibke for the (un)happiness of their people; good king has to respect justice; the one who does evel to others does also evil to themselves
5
Q
Hesiods rules for society.
A
- justice relies on ‘right speech’ (honest, unbiasted, free from corruption judgements)
- respect for others (honesty and reciprocity are central)
- hard work (labour is moral duty)
- trust is at the basis of a society (enabling cooperation, stable order)
6
Q
What is the context of Oresteia?
A
- Oresteia is a tragedy (with 3 parts) written by Aeschylus
- it was wirtten during a period of instability and uncertainty (Persian wars)
- it reflects the social shift from oligarchy to democracy
- Aeschyles tries to reconcile old order with the new democratic one (family based vengeange is replaced with democratic trial)
7
Q
Key themes in Oresteia.
A
- transition from revenge to justice (revenging crime used to be a family responsability, there was an endless cycle of revenge; Athena breaks the cycle by creating legal system with impartial judges, responsibility of punishment is transferred to the state)
- dividine vs. human authority (Gods dominate human affairs, bu the set-up of a trial signals gradual empowernment of humans)
- intergenetational conflicts (conflicts between generations; also between generations of gods (furies vs. Apollo and Athena); male and female dynamics - female character results reconciling)
8
Q
Principles of justice in Oresteia.
A
- dike (justice) which changes its meaning during the play (in the first two parts dike means revenge, however in the third part it changes its meaning to judicial justice
- trial is a discoursive process involving the confrontation of opposing opinions; persuasion plays a crucial role
- positive role of rhetorics - fosters oeace and reconciliation rather than manipulation
9
Q
Conflicts in Antigone
A
- Nomos vs. Nomina (nomos - positive law, embodies state authority); (nomina - unwritten law, upholds timeless customs and moral obligations)
- Individual vs. State (Creon argues that state law is necessary for order and that general welfare should exceed personal interests; Antigone holds by family duty and moral obligations, defying positive law)
- Gender dynamics (conflict in patrialchel society, where women are not taken seriously; Antigone challenging patrialchal order challneges it)
- Generation conflict (younger generation arguing for compasion and moral obligations; older generation imposing strict rule)
10
Q
Key interactions in Antigone
A
- Antigone and Ismene
- Antigone and Creon
- Creon and Elders
- Creon and Haemon
- Creon and Tiresias
11
Q
Antigone’s interactions
A
Antigone and Ismene
* Ismene is her sister and tried to persuade Antigone not to break the royal decree
* Ismene conforms with social norms and pressure and is scared of the consequences
* Antigone is resolute in her decison, but does not try to convince Ismene of her truth, simply states her opinion
Antigone and Creon
* Creon confronts Antigone with violating his royal decree
* Antigone takes all the responsability
* Antigone cities and bases her action on divine justice and moral obligations towards family
* Creon bases his authority on his position as a ruler and his norms
* Creon sees Antigone’s defiance as a threath to state stability and his masculinity
12
Q
Creon’s interactions
A
- Creon with Elders
- Creon defends his position, argumenting for his adtions
- he decides based on reason and good government and not on moral principles
- Creon and Haemon
- Haemon appeals for Antigone’s life urging Creon for compassion over rigid authority
- Creon sees in Heamon’s argumentation insubordination and challenge to his authrity as a father an ruler
* Creon and Tiresias - Tiresias is a wise men and accuses Creon of overstepping his boundaries
- Creon revokes his sgecree based on couese of events and not because he changed his mind
13
Q
Dialogue in Antigone
A
- in Antigone dialogues represent the failure of dialogue
- there is no actual dialogue, because neither Creon nor Antigone are willing to change their mind - instead of talking to each other, they talk just to themselves
- for there to be a dialogue parties need to be open to change their opinions
- Antigone highlights the challenges of resolving a deep disagreement between parties
14
Q
What is persuation in Plato?
A
- criticised Sophist (believed that truth does not exist and used persuation from manipulation)
- criticised dualistic ontology (rejects absolute opposites; non-being is a way of being, not its opposite; opposite coexist and complement each other)
- truth and opinion are interconnected (truth is dynamic and emerges from dialectics, every opinon has always a part of true)
- persuation is achieved through reasoned argument
15
Q
What is justice for Plato?
A
- everyday justice (secondary) = fairness and equal distribution
- primary justice = perfection of soul, complete virtue
- justice in a state - ideal state consists of
1. rulers (educated to know the truth)
2. soldiers (exhibit strenght and bravery)
3. producers (fulifilling societal needs) - virtues necessary for just society - wisdom, courage, moderation
- city-soul analogy (societies harmony reflects balanced soul of an individual; justice occurs when rational part regulates the spirited and rational parts of the soul)
16
Q
What is law for Plato?
A
- at the foundation of law there is reason
- law must guide behaviour
- metaphor of fabric - there is an interconnection between law and society; law must balance flexibility with adaptability
- laws interact with morality and society, they are not isolated
- good laws promote justice and common good (ruler is like a doctor prescribing law’s as remedies to establish society’s well-being)
17
Q
What are Aristotle’s definitions of justice?
A
- legal justice (nominum) - compliance with law, following laws is virtuous if they promote societal welfare
- equality and proportionality - equitable distribution of goods and honours, benefits based on merits and contributions
- general virtue - holistic virtue encompassing all individual virtues, reflects harmony and completeness of character
- particular virtue - one of classical varitues (prudence, temperance, fortitude, justice)
- political virtue - civic responsability at all levels of citizenship, citizens’s virtues contribute to the wellbeing of political community
18
Q
Types of justice according to Aristotle.
A
- distributive justice - geometric equality, proportional allocation of resources, ensures fair treament based on merit and contribution
- commutative justice - arithmetic equality, fairness in individual transaction, rectification of imbalances in exchanges or agreements
19
Q
Concord - original view
A
- concept originated in ancient Greece
- foundation of society, harmony and unity
- goes beyond agreement, involving shared thought, feelings and cooperative actions
- sophist Gorgias - cultural unity for internal stability and strenght against external enemies
- sophist Antiphone - true concord arises from recognising the natural equality of all humans
- Aristotle - shared values and natural equality, concord relies on shared actions and values, concord is a matter of political friendship (mutual trust)
20
Q
Concord - modern view.
A
- Thomas Hobbes - concord is a pragmatic agreement, individuals give up their freedom for peace and security; concord is obedience to authority
- John Locke - concord involves respect for mutual rights, emphasises peaceful coexistence (rather than action)
- John Rawls - modern society is marked by plurality; concord arises through overlapping consensus on shared principles (like justice)
21
Q
Aristotle’s definition of polis.
A
- society of citizens working together for common good
- self-sufficient society meeting both daily and non-daily needs
- enables citizens to live well and achieve happiness
- parnership for common good - members share values and goals, striving for collective wellbeing
- polis is a natural development for humans, enabling full realisation of human potential
- polis is a society full of equals (unlike in family, which is hierarchical)
22
Q
Rhetorics according to Aristotle.
A
- rhetoric is the art of speaking and persuadinf effectively
- effective persuation requires the combination of ethos, pathos and logos
- ethos = speaker’s credibility, authoruty, moral charm
- pathos = appeal to emotions to persuade audience
- logos = logical appealing, relying on evidence and reasoning
- rhetoric is a matter of well-listening, not well-speaking; listener is central to rhetoric
23
Q
Aristotle’s virtue ethics.
A
- virtue is the ability to perform actions in the best possible way
- virtue lies between 2 extremes
- ETHICAL Virtues - character virtues, develop through habits and practice, arise from the part of soul without reason
- DIANOETHIC Virtues - intellectual virtues, developed through education and intellectual activity
1. Episteme (scientific knowledge)
2. Nous (understanding) - grasping general pricniples
3. Sophia (wisdom) - combines episteme and nous to understand ultimate thruths about world
4. Techne (art) - practical knowledge applied to produce
5. Phronesis (prudence) - ability to make good decisions in practical situations
24
Q
What is happiness according to Aristotle?
A
- happiness is defined only at the end of one’s life
- happiness is a well-lived life
- elements need for happiness:
1. friendship
2. theoretical life
3. polis
4. external conditions
25
Q
General elements of Roman philosphy.
A
- focused on practical matters
- jurisprudence is considered to be Roman creation
- contributed to the development of:
1. natural law
2. social contract theory
3. ethical foundation of law
26
Q
Lucreziu’s social contract theory.
A
- state of nature (humans lived like wild animals in chaos and disordination)
- social contract (natural agreement since over time people recognised that they need order to avoid extintion; voluntary pact to ensure peace and submit to the rule of law; ongoing process; breaking pact would mean going back to chaos)
- civil state (laws arise from necessity; pactum unionis (base of society); pacum subordinationis (individuals are subordinate to the rule of law)
27
Q
Seneca’s social contract theory.
A
- state of nature - Golden Age; wise men ruled and ensured peace and protection of the weak; people lived harmoniously using natural resources and avoiding conflict
- laws - the need for laws arose because of the emergence of greed, tyranny and poverty; laws are rules focused on regulating governance rather than human behaviour
- civil state - emerged from the need to escape tyranny, not from the natural condition itself; voluntary organisation
28
Q
Key elements of Cicero’s philosophy.
A
- considered to be the first philosopher of law
- decorum = good manners, composure; alingment between internal values and public actions; nature itself indicates decorum
- natural law = universal, unchanging across time and space; derived from divine reason; links reason, nature and divinity into unified concept
- acting against ntural law is rejecting human nature
- naturalistic fallacy (deriving prescriptions from nature)
29
Q
Types of law according to Saint Thomas Acquinas.
A
- Lex Aeterna - rationality of the universe created by God, God’s plan encompassing everything; most comprehensive and universal; cannot be fully comprehended by humans; partly can be rationally understood through natural and divine law
- Lex Naturalis - part of eternal law accessible through reason; every rational human can access it (even non-believers)
- Lex Divina - eternal law revealed through Bible and faith; aims at salvation of souls and guidance in supernatural life
-
Lex Humana - human-made law derived from natural law; has to conform to natural law; formation by
* modus conclusionis (logical deduction from rational principles)
* modus determinationis (specifies undeterminate aspects of natural law)
30
Q
Dialectical method in Summa Theologie.
A
- Title of the question (provocative)
- Objections (against Thomas’ opinion)
- Sed Contra (in favour of Thomas’ opinion)
- Respondeo (detailed response and logical explanation)
- Responses to objections
31
Q
Key questions in Summa Theologiae
A
- Does law belong to reason?
- Is law ordered towards common good?
- Does promulgation belong to the nature of law?
- Does every human law stem from natural law?
32
Q
Acquina’s definition of positive law.
A
- Law is an ordering of reason, it is grounded on rational principles.
- Law is directed towards common good, emphasising that laws should serve the welfare of the community as a whole, not just individual interests.
- Law must come from someone that cares for the community.
- Law must be promulgated.
33
Q
Principles of European legal civilisation in Oresteia.
A
- persuation (use of rhetorics has fundamental place in discussion)
- confrontation state (first thing in trial is the presentation of parties)
- adversarial principle (judgment can be issued only when all parties have been heard)
- appeal of pathos (arguments appeal to emotions)
- (un)expressed personal opinions (personal opinions of judges influnce the judgements)
