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
Thus the Sophists came to teach such doctrines as these: Laws are
made by the strongest, represent their will, and must be obeyed if
they cannot be disobeyed; it takes a strong man to make a law, but a
stronger to break it; the laws are only conventions invented either
by the many to restrain the powerful few, or by the few to enslave the
many. Even religions are devices of the crafty to enchain the people.
Obedience to law is therefore a matter of personal interest. Happiness
is the most important consideration of the individual. Sometimes
personal interest conflicts with law and law does not then bring
happiness, for criminals are often the most happy. It is not obedience
to law that brings happiness but (Polus) a shrewd calculation of ends
with no regard to right or law. The Sophists made no attempt to put
their theories into execution. They expressed the sentiments of the
Greek people, and Greek public opinion then pointed to segregation and
individualism. Plato said that, after all, the Greek public was the
great Sophist.
It was thus that the distinction arose between positive law and natural
law. Reflecting upon the differences among the constitutions of the
Greek states and upon the constant alterations in these constitutions,
the Sophist concluded that the greater part of them were of human
invention. They were positive laws and were to be contrasted with
natural law, which was such law as is binding on all men equally.
Natural law is therefore of greater worth than positive law, and is
set in antithesis to it. Sir Henry Maine says in his _Ancient Law_ that
the Greeks did not found any system of jurisprudence, because natural
law was always referred to by them in arguing any question. The only
way to find natural law is to strip it of the mass of conventional laws.
The word “nature” has been in its history one of the most ambiguous
of words; and Protagoras’ teaching that “nature” consists of primary
ethical feelings is hardly a complete and satisfactory definition. The
more the theory of the Sophists limited “nature” to human nature, and
to human nature in its capricious and individual aspects, so much the
more did statute laws appear antagonistic to natural law and seem to be
detrimental to it.
Summary.
1. Although a skepticism and a criticism, Sophistry was a relative
advance over the traditionalism and dogmatism of the Cosmologists.
2. Sophistry turned the attention to man and his interests as the
principal object of inquiry.
3. The Sophists stood for freedom of thought by pointing to individual
consciousness as the final court of appeal.
4. Although the Sophists differed very much in their teaching, they had
a mutual dependence and common presuppositions.
5. The Sophists disregarded the likenesses and emphasized the
differences among men.
6. The Sophists built up their doctrines upon the basis of a
sensationalist psychology.
CHAPTER V
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account