The Greek Philosophers, Vol. 1 (of 2)Benn, Alfred William
Philosophy
The Greek Philosophers, Vol. 1 (of 2)
Benn, Alfred William
Philosophy, Ancient
Still more important was the antithesis between Nature and convention,
which, so far as we know, originated exclusively with Hippias. We
have already observed that universality and necessity were, with
the Greeks, standing marks of naturalness. The customs of different
countries were, on the other hand, distinguished by extreme variety,
amounting sometimes to diametrical opposition. Herodotus was fond
of calling attention to such contrasts; only, he drew from them the
conclusion that law, to be so arbitrary, must needs possess supreme
and sacred authority. According to the more plausible interpretation
of Hippias, the variety, and at least in Greek democracies, the
changeability of law proved that it was neither sacred nor binding.
He also looked on artificial social institutions as the sole cause of
division and discord among mankind. Here we already see the dawn of a
cosmopolitanism afterwards preached by Cynic and Stoic philosophers.
Furthermore, to discover the natural rule of right, he compared the
laws of different nations, and selected those which were held by
all in common as the basis of an ethical system.[63] Now, this is
precisely what was done by the Roman jurists long afterwards under
the inspiration of Stoical teaching. We have it on the high authority
of Sir Henry Maine that they identified the _Jus Gentium_, that is,
the laws supposed to be observed by all nations alike, with the _Jus
Naturale_, that is, the code by which men were governed in their
primitive condition of innocence. It was by a gradual application of
this ideal standard that the numerous inequalities between different
classes of persons, enforced by ancient Roman law, were removed, and
that contract was substituted for status. Above all, the abolition of
slavery was, if not directly caused, at any rate powerfully aided,
by the belief that it was against Nature. At the beginning of the
fourteenth century we find Louis Hutin, King of France, assigning
as a reason for the enfranchisement of his serfs, that, ‘according
to natural law, everybody ought to be born free,’ and although Sir
H. Maine holds this to have been a mistaken interpretation of the
juridical axiom ‘omnes homines naturâ aequales sunt,’ which means
not an ideal to be attained, but a primitive condition from which we
have departed: nevertheless it very faithfully reproduces the theory
of those Greek philosophers from whom the idea of a natural law was
derived. That, in Aristotle’s time at least, a party existed who were
opposed to slavery on theoretical grounds of right is perfectly evident
from the language of the _Politics_. ‘Some persons,’ says Aristotle,
‘think that slave-holding is against nature, for that one man is a
slave and another free by law, while by nature there is no difference
between them, for which reason it is unjust as being the result of
force.’[64] And he proceeds to prove the contrary at length. The same
doctrine of natural equality led to important political consequences,
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