Natural law and unwritten law in Classical Greek thought

Tussay, Ákos (2024) Natural law and unwritten law in Classical Greek thought. HUNGARIAN JOURNAL OF LEGAL STUDIES, 65 (1). pp. 114-134. ISSN 2498-5473

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Abstract

It is a common mistake of contemporary natural law scholarship to overestimate the ancient Greeks' contribution to a meaningful theory of natural law and to mistake an appeal to unwritten law with natural law's criteria for normative validity. This paper was designed to elaborate on two interrelated queries. On the one hand, it labours to reconstruct the ancient Greeks' understanding of a hierarchy of law, which is answered in the affirmative. On the other hand, the paper inquires whether there existed any meaningful sense of natural law in the Classical period, to which question the Archytean nexus of law and natural justice is offered as a palpable compromise.

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