A Beginner's History of Philosophy, Vol. 1: Ancient and Mediæval PhilosophyCushman, Herbert Ernest
Philosophy
A Beginner's History of Philosophy, Vol. 1: Ancient and Mediæval Philosophy
Cushman, Herbert Ernest
Philosophy -- History
In the last part of the fifth century B. C., critical skepticism became
universal. In religion the anthropomorphism of the Epic passes under
ridicule. Critias declares that the gods are the invention of shrewd
statecraft. In literature the Epic, in which the gods interfere in all
human details, yields to the naturalistic descriptions of Herodotus
and Thucydides, and to the personal note of lyric and satirical poetry.
More important than all was the change of attitude toward the laws.
Instead of the law having a divine authority, the individual placed
himself above it and sat in judgment upon it. The tribal conception
of guilt, that when a member of a tribe sinned the whole tribe would
suffer at the hands of the gods, had given way at the time of the
Persian Wars to that of personal responsibility and retribution. It
was noted that laws change in the same state, that they differ in
different states, and that moral customs have a great variety. All laws
seem therefore to be made by man, and the question then arose, Is there
any law which has universal validity? Is there any real _prius_ or
“Nature” of laws? In the Anthropological Period, the important question
was about the real _prius_ or “Nature” of human institutions, just
as in the Cosmological Period the question was about the real _prius_
or “Nature” of the world of physical phenomena. Yet the question
of the Anthropologists was a part of the Cosmological problem. The
Cosmologists had called the real _prius_ or “Nature” (φύσις), that
which ever remains like itself, and it is now asked if “Nature” in
itself contains any unchanging and eternal politico-moral law. The
contrast is thus drawn for all time between natural law and statute law,
and the distinction dominates this period. Human legal institutions
were regarded as only makeshifts, and often even as contradicting the
divine law. The conflict between natural or divine law and human law
appears worked out in the _Antigone_ of Sophocles.
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