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10.1 Students relate the moral and ethical principles in ancient Greek and Roman philosophy, in Judaism, and in Christianity to the development of Western political thought. 1. Analyze the similarities and differences in Judeo-Christian and Greco-Roman views of law, reason and faith, and duties of the individual.
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Roman View of Law 1 st Plebeian Breakthrough Law of the Twelve Tables: first code of law developed during the early republic. Inscribed into stone and placed in a public area the peasants, or Plebes, could now read and know the law. Courts couldn’t take unfair advantage of them.
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The Roman legal system was characterized by a formalism that lasted for more than 1,000 years. The basis for Roman law was the idea that a violation of the letter of the law, and not the spirit of the Law, produced legal consequences. Roman View of Law
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To ignore the spirit of the law may seem unfair from our perspective, but the Romans recognized that one could witness actions and words, but not intentions. One cannot see into a person’s brain to understand why something was done. The letter was key!
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Roman View of Law Roman Civil Law Without replacing older laws, the Romans made lawmaking easier and more fair. The empire was large and complex. This allowed them to add new laws or extend legal principles to new situations.
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Roman View of Law Law entitled Romans to make wills, but 25% of the property must be left to the children, or it could be declared invalid as an "irresponsible testament." Instead of simply changing the law to avoid confusion, the Romans preferred to humanize a rigid system with flexibility.
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Roman View of Law Early Roman Law The emperor asserted his authority as the ultimate source of law. However, his edicts, judgments, administrative instructions, and responses to petitions were all collected with the comments of legal scholars.
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Roman View of Law As one 3rd-century judge said, "What pleases the emperor has the force of law." As the law and scholarly commentaries on it expanded, the need grew to codify (organize into a code or system, such as a body of law) and to mainstream conflicting opinions.
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Roman View of Law It wasn’t until much later in the 6th century AD that the emperor Justinian I, who ruled over the Byzantine Empire in the east, began to publish a comprehensive code of laws, collectively known as the Corpus Juris Civilis, but more familiarly as the Justinian Code.
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Roman View of Law For the Roman, the larger good came to mean the spread of law across the face of the planet; this law was to be spread through Roman imperial conquest and was called the Law of Nations. The grand design for history, then, was the spread of the Roman Empire and her laws.
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Roman View of Law Roman Rule of Law and Justice All citizens enjoyed equality before the Law All those arrested were considered Innocent until proved guilty All citizens on trial had the right to face their accuser
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Roman View of Law Citizens on trial must be found guilty ONLY if their guilt is beyond a reasonable doubt All citizens have the right to a trial with Judges and Juries Rulers will have the power to Veto any proposition
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Roman Views of Reason and Faith Epicureanism (like Stoicism) is proposing to find in reason and knowledge the secret of a happy life. Epicurus said that natural science is important only if it can be applied in making practical decisions and in dispelling fear: fear of the gods, fear of death, fear based on superstitions.
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Despite his materialism, Epicurus believed in the freedom of the will. Stoicism: The Stoics emphasized ethics (that which concerns one’s duty) as the main knowledge base, but had theories of logic and natural science to support their ethics. Roman Views of Reason and Faith
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The Logos (energy, law, reason, and providence found throughout nature) was conceived as a rational divine power that orders and directs the universe; it was identified with God, nature, and fate. Roman Views of Reason and Faith
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Human reason and the human soul were both considered part of the divine Logos, and therefore immortal. Living according to nature or reason, they held, is living in conformity with the divine order of the universe.
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The importance of this view is seen in the role Stoicism played in developing a theory of natural law which considered human nature the standard for evaluating laws and social institutions; this view had an important influence on Roman and later Western law. Roman Views of Reason and Faith
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Natural law and Reason was foundational for the existence of humans and the citizens. They believed that individuals could understand the universe and that man, if he lived in accordance with the divine universe, could, through reason uncover its mysteries. Roman Views of Reason and Faith
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The single most important philosophy in Rome was Stoicism, which originated in Greece. Romans liked Stoicism because all situations seemed to reproduce their crowning achievement: virtus, or "manliness," or "toughness." Roman Views:Duties of the Individual
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Stoic philosophy centered on the concept of the logos. The universe is ordered by the gods and this order is the logos, which means "rational order" or "meaning" of the universe. The state was run in a rational order in accordance with the logos. Roman Views:Duties of the Individual
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Therefore, each and every function a Roman undertook was for the state. Whether as a farmer or foot-soldier, a philosopher or emperor, each Roman saw himself with a larger purpose or meaning of world history. Roman Views:Duties of the Individual
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The central values of this complex system are "duty," which is the responsibility to perform the functions you were born to, to the best of your abilities, and "respect for authority." Roman Views:Duties of the Individual
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The primary duty is to the state; The gods are using the Roman state to further law and civilization, so, one's duty is a religious act. Since god is using the Roman state and Roman officials for his will, respect for Roman authorities is respect for god and the logos. Roman Views:Duties of the Individual
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Since the Romans viewed the State and the Rule of Law above all else, it is reasonable to state that they derive their worth and dignity from being able to use reason (from the Greeks), in unity with the Logos, to spread the Rule of Law FOR THE State. Roman Views:Duties of the Individual
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