WHEN DISCUSSING LAW AND JUSTICE philosophers and historians almost in
variably claim that Aristotle’ is the father of natural law. The truth of this
claim will not be contested here. However, without a clear understanding of
what Aristotle meant by the expression “natural law,” the claim that he was
the father of natural law has little significance.
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- Aristotle did not coin the term 81Kauov cvo0-K’V, nor was he the first per
son to relate ‘justice’ to ‘nature.’ It is important to stress this in order to ap
preciate fully the way he approaches the problem of natural law in its various
aspects. Largely through the teachings of the Sophists the expression SKatov
had become quite popular by the time of Aristotle.2 Despite con
siderable doctrinal differences in various dicta of the Sophists concerning the
8tKatov cVCtKoV they all share a polemical character. Aristotle’s treatment of
this subject is polemical too; but what distinguishes him from his predeces
sors is the fact that he endeavors to overcome a purely negative attitude,
thereby turning a slogan into a serious problem. In sum, by clarifying the
idea of justice as a whole, he seeks a constructive approach to the problem
of 8,Katov04,TKoV. The far-reaching significance of his achievement has not yet been fully appreciated. Hence a new and unbiased inquiry seems to be desirable.