On The Thoughts Of Natural Law In Classical Antiquity

In this thesis,we would like to review the history of the idea of 'nature' in antiquity as a type of Rights Thesis.In different period of history,to what extent the rights advocated by 'nature' were recognized by positive law,and especially,to what extent the natural law could modify its counterpart.This review would begin at the time when physis was introduced by Hellenic natural philosophers till the time of early Roman jurists.In prospect of understanding the natural world itself,physis was introduced as a method of cosmology.It were rather a lucky coincidence that the philosophers recognized physis as the sole Origin of this cosmos,in order to avoid a religious approach to do so.Their elaboration to the Origin rapidly induced rumination of people about their own society--hardly a surprise considering the almost inseparable connection amongst science,philosophy,politics and ethnics of Hellenes.As an approach of cosmology,physis was at first recognized as natural elements constructing in a mechanistic way.By adding motion to the explanation of the Origin,Heraclitus created the concept of Logos.From whom the mechanistic materialized Origin were enriched into a body combined with matter and its mechanistic motion.The invention of Logos made human and nature linked in two opposed ways.On one hand,as the Origin of cosmos,physis is considered constant,exclusive and unmovable from human' s will.On the other hand,this very Logos running through nature also runs through human and their society,be endowed an instructive position towards the realm of men.Therefore,after Heraclitus,physis is no longer merely a cosmology,but endowed a duel-meanings of both 'laws of nature' and 'natural law'.Without question,the natural philosophers had realized this duplicity,but the real elaboration of natural law did not start till the time of sophists--it is unbelievably behindhand comparing the advanced development of Hellenic society.Flexibility of laws and society in ancient Greek was considered one of the most important reason to explain the delay.Polis itself is a community--or 'to koinon',if we use the terminology--mixed with the modern concept of state,society,law and ethics,it's derivative noun politeia also is far more than 'constitution of a city-state' but 'the life-style'in a polis.And notmos--both means law and custom--is provided with a powerful coping mechanism,capable of stabilizing the city-state in a wide spectrum from not-too-extreme monarchy to not-too-extreme democracy.Until its capability worn out.As a result of continuous conflicts during decades,almost all poleis depleted.People started to accept the idea of a 'natural law' thus the profound argument of physis-nomos had begun.Many were convinced that physis should function as a higher legal standard than nomos.This new kind of standard rooted in the unmovable Origins of world,or in human nature,or in both.Those who pro physis were no lack of such people as Nietzsche or Machiavelli,but the new form of law or rights they asserted could hardly overpower the inertia of nomos.Political philosophers at the time either backed off from physis,grounded their theories in nomos,or backed off from reality--as Aristotle--decayed into beasts or transcended into deity.Along with the collapsing of polis,new era so called Hellenistic began.Polis-based nomos enlarged because of the disappearance of cities' wall,and physis confounded within the new empire's frontier.Finally,physis and nomos unified under the preaching of late stoics,which passed on into Mediaeval then Modem via Cicero and Roman jurists:physis is nothing but consent of numerous nomoi.