Our Legal Heritage: The First Thousand Years: 600 - 1600: King Aethelbert - Queen ElizabethReilly, S. A.
History
Our Legal Heritage: The First Thousand Years: 600 - 1600: King Aethelbert - Queen Elizabeth
Reilly, S. A.
Law -- England -- History
Though there was much agreement on the faults of the church and
the need to reform it, there were many disagreements on what
philosophy of life should take the place of church teachings.
The humanist Thomas More was a university trained intellectual.
His book "Utopia", idealized an imaginary society of pagans
living according to the principles of natural virtue. In it,
everything is owned in common and there is no need for money.
There is agreement that there is a God who created the world and
all good things and who guides men. But otherwise people choose
their religious beliefs and their priests. From this perspective,
the practices of current Christians, scholastic theologicians,
priests and monks, superstition, and ritual look absurd. He
encouraged a religious revival. Aristotle's position that
virtuous men would rule best is successfully debated against
Plato's position that intellectuals and philosophers would be the
ideal rulers.
More plead for proportion between punishment and crime. He urged
that theft no longer be punished by death because this only
encouraged the thief to murder his victim to eliminate evidence
of the theft. He opined that the purpose of punishment was to
reform offenders. He advocated justice for the poor to the
standard of justice received by the rich.
Erasmus, a former monk, visited the nation for a couple of years
and argued that reason should prevail over religious belief. He
wrote the book "In Praise of Folly", which noted man's elaborate
pains in misdirected efforts to gain the wrong thing. For
instance, it questioned what man would stick his head into the
halter of marriage if he first weighed the inconveniences of that
life? Or what woman would ever embrace her husband if she
foresaw or considered the dangers of childbirth and the drudgery
of motherhood? Childhood and senility are the most pleasant
stages of life because ignorance is bliss. Old age forgetfulness
washes away the cares of the mind. A foolish and doting old man
is freed from the miseries that torment the wise and has the
chief joy of life: garrulousness. The seekers of wisdom are the
farthest from happiness; they forget the human station to which
they were born and use their arts as engines with which to attack
nature. The least unhappy are those who approximate the naiveness
of the beasts and who never attempt what is beyond men. As an
example, is anyone happier than a moron or fool? Their cheerful
confusion of the mind frees the spirit from care and gives it
many-sided delights. Fools are free from the fear of death and
from the pangs of conscience. They are not filled with vain
worries and hopes. They are not troubled by the thousand cares
to which this life is subject. They experience no shame, fear,
ambition, envy, or love. In a world where man are mostly at
odds, all agree in their attitude towards these innocents. They
are sought after and sheltered; everyone permits them to do and
say what they wish with impunity.
Public-domain text, read in full here on John Shaqi.
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