Section 3. The Greek View of Law.
For nothing is more remarkable in the political theory of the Greeks than the respect they habitually express for law. Early legislators were believed to have been specially inspired by the divine power—Lycurgus, for instance, by Apollo, and Minos by Zeus; and Plato regards it as a fundamental condition of the well-being of any state that this view should prevail among its citizens. Nor was this conception of the divine origin of law confined to legend and to philosophy; we find it expressed in the following passage of Demosthenes, addressed to a jury of average Athenians, and representing at any rate the conventional and orthodox, if not the critical view of the Greek public:
"The whole life of men, O Athenians, whether they inhabit a great city or a small one, is governed by nature and by laws. Of these, nature is a thing irregular, unequal, and peculiar to the individual possessor; laws are regular, common, and the same for all. Nature, if it be depraved, has often vicious desires; therefore you will find people of that sort falling into error. Laws desire what is just and honourable and useful; they seek for this, and, when it is found, it is set forth as a general ordinance, the same and alike for all; and that is law, which all men ought to obey for many reasons, and especially because every law is an invention and gift of the Gods, a resolution of wise men, a corrective of errors intentional and unintentional, a compact of the whole state, according to which all who belong to the state ought to live." [Footnote: Demosth. in Aristogeit. Section 17.—Translation by C. R. Kennedy.]
In this opposition of Law, as the universal principle, to Nature, as individual caprice, is implied a tacit identification of Law and Justice. The identification, of course, is never complete in any state, and frequently enough is not even approximate. No people were more conscious of this than the Greeks, none, as we shall see later, pushed it more vigorously home. But still, the positive conception which lay at the root of their society was that which finds expression in the passage we have quoted, and which is stated still more explicitly in the "Memorabilia" of Xenophon, where that admirable example of the good and efficient citizen represents his hero Socrates as maintaining, without hesitation or reserve, that "that which is in accordance with law is just." The implication, of course, is not that laws cannot be improved, that they do at any point adequately correspond to justice; but that justice has an objective and binding validity, and that Law is a serious and on the whole a successful attempt to embody it in practice. This was the conviction predominant in the best period of Greece; the conviction under which her institutions were formed and flourished, and whose overthrow by the philosophy of a critical age was coincident with, if it was not the cause of, her decline.