Plato and the Rule of Law

Abstract

This chapter sets up a contrast between the principle of the rule of law as understood in present-day analytical legal philosophy and as understood by ancient legal philosophers, particularly Plato, and thereby to argue for the usefulness of Plato’s integrative approach to legal philosophy. Initially, some general criticisms of Plato’s philosophical methodology are addressed, and Plato’s integrative philosophical approach is then considered in light of the internecine disputes between present-day analytical legal philosophers and the distinction between ‘legal theory’ and ‘legal philosophy’. The second main part of the essay considers the elements of the concept of the rule of law. By addressing the role of those concepts in legal theory, ancient and modern, we see the degree to which Plato’s thoughts on law have been sadly overlooked. Of particular importance is Plato’s continuous concern with an emphasis on the educative function of legal systems.