本篇paper代写- Plato's idea of governance讨论了柏拉图的治国理念。柏拉图是古希腊的贵族,是一个浪漫的理想主义者,崇尚“哲学王”的治国理念。但由于当时的社会现实,他的理想遭受到了前所未有的打击乃至破灭。在第一等的理想治理方式之外,他不得不寻求第二等好的治国方式,《法律篇》则是这种思考的结晶,一种从理想到法律的探试。在这种探求法律之治的模式中,立法作为最重要的前提,柏拉图作出了许多尝试。本篇paper代写由51due代写平台整理,供大家参考阅读。
After the collapse of the ideal reign mode of "philosophical king", Plato pursued legalized governance and hoped to govern the city state through formulating good laws. This is the biggest shift in his thinking from the republic to the law. He pursued the rule of city-states under the rule of law, legislated for the good of city-states, and established the authority of city laws. He aspired to legislation that embodied "virtue", which should represent the interests of the public, and should pay attention to the leading role of education before legislation. Under the cultivation of education, talents under the law will pay attention to the good and pursue virtue, restrain and restrain their behaviors, and the legislation will exert the greatest effect.
Plato was an aristocrat of ancient Greece at that time, a romantic idealist who advocated the governing philosophy of "king of philosophy" and hoped to achieve the ideal degree of national governance through a philosopher with rationality, wisdom and many good qualities. His highest ideal, the philosopher should be a statesman, the statesman should be a philosopher. A philosopher is not a book in an ivory tower. He should apply what he has learned to practice. Those who have a philosophical mind should have a political power, and those who have a political power should have a philosophical mind. However, seeing the social turmoil in Athens after the defeat of peloponnesian war, Socrates, the most respected teacher, was executed for his words, and the political corruption in Sicily and other places, Plato faced these social realities, and his ideals suffered unprecedented shock and even disillusionment. In addition to the first class ideal governance, he had to seek the second class good governance. The law chapter is the crystallization of this thinking, a probe from the ideal to the law. In this mode of inquiry into the rule of law, legislation as the most important premise, Plato made many attempts. In the analysis of the legislative model, we find that many design and legislative ideas are very useful to the current legal construction.
Plato benefited greatly from the bumpy experiences of his life and was most influenced by Socrates. In his writings, Plato hoped to establish an idealized city-state by pursuing the goodness of soul. Plato's life is full of contradictions, and his ruling idea of "king of philosophy" in the face of cruel social reality is just a mirage. With the completion of the chapter of law, many scholars believe that Plato returned to the world from heaven and transitioned from the rule of man to the rule of law. Only by the rule of law can a country have the hope of becoming better. When we read Plato's entire book, we can easily find that he has a basic foothold in the unfolding of all problems, that is, "god is omnipotent, god is good, divine governance is the best, worship god is what everyone should do, should not have any slack".
Therefore, the author believes that the rule of law based on Plato's "divine will" should not be simply defined as the "rule of law" in the modern sense. All the legal discourses in the legal text are carried out around the purposes and ideas of "god" and how people guess the divine will. These laws govern a country for the sake of better access to god. Under the basic argument of advocating "god is omnipotent", it is inaccurate to simply apply "rule of man" and "rule of law" to study Plato's legal thoughts. Because Plato's rule of man is the rule of wisdom, the rule of truth, not the rule of man's desire in the real sense, which is the philosopher's rule that Plato pursues.
For this reason, we should be clear, no matter what kind of governance purpose Plato wishes to achieve and what kind of governance mode he will adopt, this is a basic human being used to purify and honor the soul, and the final node of refuge will fall on the omnipotent god. Under the influence of this serious religious color and the ideological system of pursuing natural law, it is meaningless to discuss Plato's interest in governing the country and argue whether the rule of law is more or more "rule of man". However, this does not mean that discussion of Platonic rule of law is meaningless. Throughout the book, we can still see a lot of creative descriptions about legislation, which undoubtedly has a guiding and referential effect on our current legislation.
Legislation is one of the most important precursory issues that Plato talked about in the legal chapter. Plato put forward many ideas and ideas, and constructed many specific legal systems based on social life, involving marriage, family, education, criminal law, religion, civil relations and other aspects. As Plato pointed out, social life and interpersonal communication require the regulation of laws. Although "honesty" is the most precious thing in everyone's soul, no one will voluntarily put the evil things such as crime into the most valuable thing of soul and get along with it. However, in the pursuit of wealth, people always infinitely enlarge some of their desires. Sometimes, we cannot make proper restraint and give up such interests, because self-control is not easy for everyone.
As the theoretical basis of legislation, we can see that Plato positioned human nature on the basis of "sexual evil". Although human soul is "good", all unjust things are what human beings are unwilling to do and go against their will. But the greatest evil of man's nature is that he will always forgive his own actions, even if they are wrong, and will not try to avoid them. In that case, the rule of the legislation is made for the recalcitrant as they refuse to accept the education. What lawmakers have to do is pass legislation that will subdue the desires that control humanity. A temperate life is a happy life, a happy life, and is in accord with human nature. When happiness is greater than pain, people will be happy, but excessive happiness is also painful, such life is also disharmonious, unhappy, the role of legislation is through the regulation of rules, people's behavior to moderate, thus leading a happy and harmonious life. Even so, some laws are made for the benefit of honest people, because they want to live a friendly life, and the laws can teach them the rules of human interaction they must follow.
Therefore, we can see that legislation is not only to regulate the evil, but also to protect the good. Plato therefore proposed that the goal of legislation was to enable the people of the city to live a harmonious and moderate life. This is because, according to Plato, only this life was the happiest for the people of the city. Later, Rousseau inherited and developed the Plato that why a legislative interpretation, also claims that legislation must, in order to extract the people the greatest happiness for the principle, he suggested that legislation is the most perfect degree can enable people to achieve than in the natural state can get larger forces, through legislation, make people's freedom, personal and property gets greater security. To bentham, the British bourgeois jurist, this idea was developed into a utilitarian theory.
The legislation that Plato seeks in the canto of law is a kind of human jurisprudence made with the help of god's will, which is different from the natural law of god. On the one hand, Socrates, in thinking of knowing man himself, has raised the question of establishing a study of the soul of man. On the other hand, Socrates expounded his legal thoughts on the basis of his natural philosophy, which divided law into natural law and human law, emphasizing the importance of natural law as the will of god, which was higher than human law as the law issued by the state. Therefore, Plato, as the most direct inheritor of Socrates' thoughts, repeatedly emphasizes in the elaboration of the legal text that human law should be subject to divine law after all, because the interests of people pursued by legislation are determined by the interests of god.
Although Plato of laws is in god's interests on the pursuit of the interests of the people, however, we can realize that the law's pursuit of the interests of the people is also a kind of progress in legislation, the subject status of the people was evident, due to more people in the process of legislation, is that the interests of the masses, rather than the interests of the ruler of a few.
The athenians, as the spokesmen of Plato, in discussing the certainty of enacting laws, affirmed that the object of every legislator in making every law was to obtain the greatest good. This greatest good is neither foreign war nor civil war, for war is not the conflict we would like to see, but the perpetual peace and goodwill between men. Since legislation is the pursuit of the greatest good, what does good mean? In the relationship between countries, the purpose of war cannot be pursued. Laws are made for better peace, and they can only be used as a means and an instrument of peace.
In the process of legislation, we must start from virtue correctly, pay attention to the whole of virtue rather than only the part of virtue, and explain that this is the purpose of legislator to make law. There are four major aspects of virtue: courage, self-control, justice, and good judgment. Only laws with such virtues are laws in the true sense, and there are mainly three things that legislators should consider when making laws, for the freedom, unity and wisdom of the legislative city-states. We have said that legislation that guarantees strong and extreme authority is a mistake, and we should always remember that a nation should be free and intelligent, and that it should be harmonious internally, which is what legislators should focus on when they legislate.
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