Unit 1: Classical Greek and Roman Political Thinkers
Syllabus coverage in this unit
1.1 General Introduction to Political Thought and their Relation to Law · 1.2 Plato: Justice and Ideal State · 1.3 Aristotle: State, Classification of Government and Citizenship · 1.4 Cicero: Concept of Law
1.1 General Introduction to Political Thought and its Relation to Law
What political thought is: the systematic reflection on political life — the state, power, authority, liberty, equality, justice, rights, obedience and revolution — across time. Political theory systematises it; political ideology weaponises it (your Political Theory course’s distinction).
Why law students must study it (the relation to law — the syllabus’s own question):
- Every legal order embodies a political theory. A constitution is applied political philosophy: who is sovereign (Hobbes/Rousseau), why rights exist (Locke), what the state may do (Mill), whom the law serves (Marx — Jurisprudence Unit 3’s six schools each answer politically).
- Every political theory produces a theory of law: Plato’s philosopher-lawgiver, Aristotle’s rule of law, Cicero’s natural law, the contractarians’ legislated order, Mill’s liberty-limitation principle, Marx’s superstructure — this course and Jurisprudence are one story told twice.
- Legal argument’s deepest vocabulary — justice, consent, sovereignty, representation, liberty — was minted here; lawyers argue with these thinkers’ coins daily.
- Nepal’s own constitutional debates (sovereignty of the people, inclusion, secularism, socialism-oriented economy) are the syllabus’s East-West debate in Nepali dress.
The map of the course: classical (this unit) → contractarians (U2) → moderns (U3) → Eastern thinkers (U4) → socialism, including its Nepali career (U5).
1.2 Plato (427–347 BC): Justice and the Ideal State
Setting: Socrates’ execution by democratic Athens (399 BC) — the wound behind the Republic: what state would make philosophy, not force, sovereign?
Justice in the individual (the Republic‘s answer, built in three waves): the soul has three parts — reason, spirit, appetite; justice is each part doing its own work (harmony): reason ruling, spirit enforcing, appetite obeying. Injustice = civil war within the soul.
Justice in the state (the ideal state — the soul written large):
| Class | Soul’s part | Virtue | Work |
|---|---|---|---|
| Philosopher-rulers | reason | wisdom | governing by knowledge of the Good |
| Auxiliaries (soldiers) | spirit | courage | defending the city |
| Producers (farmers, artisans) | appetite | moderation | providing life’s goods |
Justice = each class doing its own and not meddling — the “one man, one work” principle; the state as an organism. (Note the craft-argument: ruling is a craft like medicine; the sick need doctors, the polis needs knowers.)
The state’s distinctive institutions: community of property, wives and children for the guardian classes (to kill faction); education as the state’s supreme instrument (the long curriculum culminating in dialectic); the noble lie (the myth of metals — a political fiction for social cohesion); the philosopher-king — “until philosophers rule… cities will have no rest from evils” (brief, the famous line); the Rule of Law alternative in the Statesman/Laws: if the ideal philosopher-king is unavailable, the second-best state is government of laws — “law is the golden cord of reason,” the origin of the rule-of-law lineage.
Critique of democracy: Plato ranks it near the bottom (freedom degenerating into licence; the ship of state commanded by the crew’s vote rather than the navigator’s skill); the demagogue as democracy’s natural product. Assessment (write both sides): the founder of political philosophy — and of the totalitarian temptation (Popper’s Open Society charge: holism, engineered society, the noble lie as propaganda). His real legacy for law: justice as order and harmony; law as reason embodied; the demand that power justify itself by knowledge — questions every constitution still must answer.
1.3 Aristotle (384–322 BC): State, Classification of Government, Citizenship
The state: man is by nature a political animal (zoon politikon) — language, morality and reason mature only in the polis; the state exists by nature and is prior to the individual (as the whole is prior to the part): not a contract but the completion of human association (household → village → polis). The state’s end is not mere life but the good life.
Law before the ruler: “law is reason free from passion” — Aristotle’s preference for the rule of law over even the best man (the second-best, perfected): collective wisdom, stability, impartiality; even the best ruler needs law as a trainer’s regimen. The ancestral contribution to constitutionalism (echoing Plato’s Laws, refining it).
Classification of government (the six-fold — the exam’s core): by who rules (one / few / many) crossed with whose good is served:
| Number | True form (common good) | Perverted form (rulers’ good) |
|---|---|---|
| One | Monarchy/Kingship | Tyranny |
| Few | Aristocracy (rule of the best) | Oligarchy (rule of the rich) |
| Many | Polity (the mixed many) | Democracy (Aristotle’s term for mob rule of the poor) |
Note: “democracy” is the perverted form in his vocabulary — a fact examiners love; the good form of the many he calls polity, a mixed constitution blending oligarchic and democratic elements (with a large middle class as ballast — his material precondition of stability). This six-fold map organises political classification to this day (Nepal’s debates: loktantra as the good-many form).
Citizenship: the citizen is one who shares in the judicial functions and in office (politics III) — “a juror and a member of the ecclesia”; citizenship as participation in ruling and being ruled in turn, not mere residence or legal protection. Aristotle’s exclusions (women, slaves, labourers — the artisan too “vulgar” to be leisured) are the modern critique’s target; his core definition — the citizen as office-sharer — survives in the electorate and jury of every republic.
1.4 Cicero (106–43 BC): Concept of Law
The Roman frame: orator, consul, philosopher; the De Republica, De Legibus, De Officiis; his career (and murder) spanning the republic’s death-agony — the thinker of civic virtue against dictatorship.
The res publica: the commonwealth is the people’s affair (res populi) — a people united by agreement on justice and common interest; the state a moral partnership, not a property. Civic duty (the officium of De Officiis — through Pufendorf into modern constitutional ethics) binds citizen and statesman alike.
The concept of law (the natural-law doctrine — Jurisprudence Unit 3.1’s Roman chapter):
- True law is right reason in agreement with nature — universal, unchangeable, everlasting; it cannot be repealed by senate or people; it “summons to duty by its commands… and thwarts the wicked.” There is one law, eternal and unchangeable, for all nations and all times — one master and ruler, God.
- Human law’s validity derives from this: statutes that conflict with natural law are not binding — “the wicked command of a tyrant” is no law; corruption of custom does not corrupt the measure.
- Law’s unity with justice: law is “the distinction between just and unjust,” the bond of the commonwealth — an unjust “law” names nothing (De Legibus‘ argument — the lex injusta tradition’s fountainhead).
The statesman: Scipio’s Dream (De Republica‘s close) — the ruler’s true glory is the citizen’s safety; government’s forms are instruments; the mixed constitution (Rome’s own: consuls/senate/tribunes) recommended against the six-fold’s instabilities — the model Montesquieu would copy.
Legacy for law: natural law enters jurisprudence through Cicero (the Stoics’ pupil, Aquinas’s quarry); “right reason” becomes the international law of Grotius; and every constitutional court striking down “unjust” statute speaks, knowingly or not, his sentence.
Unit close (one comparative paragraph — memorise)
Plato gives law its philosopher (knowledge must rule), Aristotle its scientist (classification, the rule of law, the citizen as office-sharer), Cicero its moralist (law as right reason binding the state itself): the Greek-Roman inheritance is the DNA of the legal world — including its Nepali branch, where ” loktantrik “, federal republic and fundamental rights are these three thinkers’s grandchildren naturalised.
Exam Focus
- Long questions: “Explain the relation between political thought and law.” / “Discuss Plato’s theory of justice and the ideal state (classes, philosopher-king, critique of democracy).” / “Explain Aristotle’s state, six-fold classification and concept of citizenship.” / “Discuss Cicero’s concept of law (natural law, res publica, the mixed constitution).”
- Short questions: zoon politikon; the myth of metals; one man one work; polity vs democracy (Aristotle’s usage); the golden cord; res publica; true law as right reason.
- Trick areas: (i) in Aristotle’s table democracy is the perverted form — say it and explain; (ii) the rule of law enters via Plato’s Laws but is perfected by Aristotle — attribute the steps; (iii) Cicero’s “true law” passage is natural-law canon — quote only its first clause; (iv) the Popper critique of Plato must appear in any full Plato answer.
Model Questions
Short-answer questions
- Why does the syllabus begin with Greek political thought for law students?
- State Plato’s three classes and their corresponding virtues.
- What is Aristotle’s six-fold classification? Why is polity the good “many” form?
- Define citizenship per Aristotle and note his exclusions.
- Quote (briefly) and explain Cicero’s definition of true law.
Long-answer questions
- “Constitutions are applied political philosophy.” Discuss the relation of political thought to law with Nepali illustrations.
- “Justice is each part doing its own.” Explain Plato’s justice — individual and state — and evaluate the ideal state and its critics.
- “The state exists by nature, and law should rule rather than men.” Explain Aristotle’s state, classification of governments and citizenship.
- “Law is the bond of the commonwealth.” Discuss Cicero’s concept of law and its jurisprudential legacy.
📚 Get the complete notes: Download the full Political Thoughts PDF (all units) — Law Info Nepal Original Notes Series.
