The Moral Foundations Of Private Law

Aristotle seems to be primarily concerned to discover and refine the moral standards by which human beings should be governed. What laws are to be used to establish and maintain those standards depends on the good sense of the community and the prudence of its leaders, including its poets and other educators. In particular, his views on the connection between the well-being of the political community and that of the citizens who make it up, his belief that citizens must actively participate in politics if they are to be happy and virtuous, and his analysis of what causes and prevents revolution within political communities have been a source of inspiration for many contemporary

The Republic by Plato examines many aspects of the human condition. In this piece of writing Plato reveals the sentiments of Socrates as they define how humans function and interact with one another. He even more closely Socrates looks at morality and the values individuals hold most important. One value looked at by Socrates and his colleagues is the principle of justice. Multiple definitions of justice are given and Socrates analyzes the merit of each. As the group defines justice they show how self-interest shapes the progression of their arguments and contributes to the definition of justice.

In the work, Nicomachean Ethics, the philosopher Aristotle creates a guideline for those who are serious about pursuing happiness. Aristotle's recommendations for finding happiness are not accepted today without some struggle and careful examination. In Aristotle's time, slaves, women and children were not truly considered human; so in many cases the philosopher is directing his words towards free males only. It is necessary to understand that by overlooking this discrimination and applying it to all people, one can discover the timeless wisdom of Aristotle.

In Legal Profession Complaints Committee v Amsden (“the decision”), the Tribunal made findings of professional misconduct against Ms Amsden. Subsequently, they determined that the appropriate disciplinary consequence of was a public reprimand, an order to pay a fine of $5,000, and an order to pay the full costs of the Committee. This paper will outline the legislative and theoretical foundations of legal practitioners’ professional ethics in Western Australia in conjunction with an exploration of the justifications for disciplining legal practitioners. Subsequently, there will be analysis of the Tribunal’s reasons for their findings of professional misconduct against Ms Amsden and the effectiveness of the penalties imposed in achieving the underlying purposes of the system of legal ethics in WA. Particular emphasis will be placed upon Ms Amsden’s conduct in relation to ‘bringing the legal profession into disrepute’; this will necessitate an examination of the concept of law as a profession and its wider role in society.

Every legal system composes laws that we as people must abide.The question that is constantly raised is “why do we follow it?”, we mainly believe that if we follow the law then, all good will come. Even Though, it is not obligated to follow the laws , everyone living in the legal system will abide them because, it sets a controlling factor in social classes on what is wrong or right. In addition, legal subjects tend to depend on the state for a legal order,and by controlling what is good or bad the result depends on how the laws are followed. To their understanding both Socrates and Thrasymachus argue on what justice is and how it is important in life.

Among the virtues, Cicero grants precedence to the fellowship of men and deems justice “the most illustrious of the virtues, on account of which men are called ‘good’” (9). Consequently, Cicero enumerates in detail the ways in which one can exemplify this virtue, so as to be considered a good man. The duties of justice concern themselves “with preserving fellowship among men, with assigning to each his own, and with faithfulness to agreements one has made” (7). For the political man, maintaining community among citizens is the foremost duty of justice. As to the subliminal caveat for the populace, which allows one to determine the justness of a man, Cicero posits, “on the question of keeping faith, you must always think of what you meant, not of what you said” (18). Furthermore, of injustice, Cicero asserts, “nothing deserves punishment more than that of men who, just at the time when they are most betraying trust, act in such a way that they might appear to be good men” (19). This interpolation, as Cicero completes the doctrine concerning justice, portends the purpose of his third virtue.

In order to explain the fundamentals of Aristotle's Virtue Ethics, one must acknowledge his primary motive in this study, which is to understand what it means to live well. Unlike

In the article Unspeakable Ethics, Unnatural Laws, Arthur A. Leff took an agnostic approach when determining what morality should be comprised of. He suggested that humans struggle with desiring to follow a predetermined and unchallengeable set of moral rules, while at the same time wanting the autonomy to create those rules.

Roman law has been modified in many different ways. These modifications have not created new law systems, but instead have been placed and framed upon the rules of Roman law to a large extent, “Rather, these provisions of Roman law were fitted into a more coherent system and expressed in the national language” (Law in Ancient Rome). Therefore, knowledge of Roman law is necessary and valuable in understanding legal systems of today. It has come to be that Roman law is still a subject in which many law students study and learn to understand its values in modern legal systems. Hence, Roman law has created many values that are accepted and acknowledged in what we call law

Before comparison of different contexts of self-sufficiency, it is necessary to understand how the Aristotelian conceptualization of self-sufficiency merges itself with the political aspect of virtuous life. In the examination of the nature of human beings and of the magnanimous man, self-sufficiency in a fuller sense is revealed to be inherently political. In defining happiness, Aristotle first also clarifies self-sufficiency itself “not by reference to the “self” alone. We do not mean a man who lives in isolation, but a man who also lives with… fellow citizens generally” (NE I.7 1097b8-11). This expanded understanding of self-sufficiency, while initially and potentially paradoxical, rather does little more than begin to redefine self-sufficiency as a quality that can be possessed by more than isolated hermits. It is not until the discussion of the ‘high-minded’ man that this expanded self-sufficiency becomes political in nature. The magnanimous man will “requite good with a greater good”, putting himself in the recipients “debt” in order to repay disproportionately. Additionally, this high-minded man “is a person who will rather possess beautiful and profitless objects than objects which are profitable and useful, for they mark him more as self-sufficient” (NE IV.3 1124b11-13; 1125a11-12). Oddly, self-sufficiency is characterized by excess rather than mere contentment. This Aristotelian self-sufficiency is counter-intuitive in two ways. Firstly in that it requires more

Since the beginning of the human’s existence, there have been so many great different concepts from various philosophers that have shaped the structure, knowledge and behaviors that we still exercise in our current world. Philosophy as the fundamental nature of knowledge has contributed to the development of our thoughts and the structure of our societies. Many great philosophers left the presence of their idea implanted in our world for the rest of human life. One central leader that contributed in the philosophical views of ideas, realism and morality of life was the greatest philosopher of all time “Aristotle”. This essay will focus on two of Aristotle’s major impact on today’s society. These two great essays are, “The Politics” and “The Nicomachean Ethics”. Aristotle influenced by previous work from his professor the great philosopher Plato developed ideas of moralities, virtues and ethics of how man should best live, how can we find the truth also how can we explain the world around us. Throughout history there have been many philosophers who have tried to shape the world with their philosophical concepts to make an action a universal law of morality that gives us options to choose a freely moral or legal alternative rather than another one. The concepts revealed by Aristotle’s work have inculcated the way we actually behave and apply ethics to our everyday duties that would lead us to the supreme good “Eudaimonia” ‘Human Flourishing’, happiness. All theories

When discussing the relationship between law and ethics a lot of things are taken in consideration. But the first thing is to know what each of them mean. In some ways law plays a role in ethical values, while some laws can be influenced by ethical values.

This essay will be examining the ethics of Plato (428-347 BCE) and Aristotle (384-322 B.C). I will firstly attempt to summarise the five fundamental concepts of Plato and Aristotle before providing my own opinion and view on their ethics. I will concentrate on their theories on the good life as a life of justice, censorship, knowledge and the good life.

In Aristotle’s Nicomachean Ethics he accounts that humans should make sacrifices and should ultimately aim first and foremost for their own happiness . In the paper I will argue that it is really in a person’s best interest to be virtuous . I will do this by first describing Aristotle’s notion on both eudaimonia and virtue , as well as highlighting the intimate relationship between the two . Secondly I will talk about the human role in society. Thirdly I will describe the intrinsic tie between human actions . Finally I will share the importance of performing activities virtuously .

As well as being a devoted biologist, botanist, moral philosopher, psychologist, zoologist and many more things besides Aristotle held a view about human nature that he interwove into his concept of virtue theory, this is described at some length in the text Nicomachean Ethics. It is this view on human nature that I intend to explain and discuss throughout this essay with reference to some more recent philosophers to show that Aristotle’s view was not only linked directly to Athenian society but has managed to stand the test of time. A point I will return to later in a yet to posted article ‘Can we Consider Modern Ethics to be Aristotelian or Nietzschean?’, this article is much better written and argues the points in greater detail. I must admit this was in fact a very early work of mine and although some editing has been made it still lacks the strength some of my later pieces possess.