Civil Law

Running head: CIVIL LAW
Civil Law
Name of the Student
Name of the University
Author Note

1
CIVIL LAW
Aristotle is one of the most significant figure in ancient Greek philosophy. He made
several contributions towards metaphysics, mathematics, logic, physics, botany biology,
ethics, politics, medicine, agriculture, theatre and dance. He was Plato’s student who studied
under Socrates.
Aristotle defined justice to be "the lawful and the fair." Injustice thereby includes
anything which is unlawful and unfair.
According to Austin “Law is the command of the Sovereign”.
Aristotle discussed individual behaviour of a particular society to set guidelines with
regards to the whole society. According to Aristotle justice is "the lawful and what is fair,"
but can the society be lawful or fairness is the main question. By the term justice either
lawfulness or fairness, can be meant this is because injustice means lawlessness and thereby
is not fairness. Laws encourages each and every individual to behave by the virtue. The fair
individual on the other hand is a person who is lawful. Being fair differs from that of being
lawful. This is because it relates to the moral state of a particular person. Being lawful on the
other hands relates to following the laws of the society. Justice is that state of a person who is
generally lawful and fair. (Hutchinson 2015).
There is a difference between being legal and being lawful. The most important
difference is that law is objective. On the other hand being fair is subjective. In law each and
every person has to abide by the laws of the country. The main objective here is to gain
justice. On the other hand to be fair is a moral decision of a person or of a society. Law
provides remedy from unequal distributions with regards to gain or loss with respect of two
individuals.

2
CIVIL LAW
Aristotle in The Nicomachean Ethics book states that no person can by his own free
will suffer an injustice as the laws are equal to everyone. Everyone is equal in the eyes of
law. Rich, poor everyone is equal in the eyes of law. People always think law is easy. This is
because it requires everyone to be obedient and to abide by the laws of that country where
they lives. But in a true sense law has a much broader preview than fairness in a society.
Laws are not always perfectly applicable, even then laws are the set of rules which governs
the society of any country. Each and every citizen of a particular country has to abide by the
laws of that country.
But there are certain circumstances too where the application of laws does not amount
to justice. In those situations to maintain the balance in the society being fair is the only
option which is left. Therefore, in those cases being fair becomes superior to following the
laws.
In case of being fair in the society it must be stated that. Fairness is the moral virtue of
every individual. Therefore, being fair from the point of view of one person may not be being
fair from the point of view of another person. Fairness varies with situations of a particular
society. In a particular situation two persons can never receive fair decision if they are on the
other sides. The definition of fairness varies from person to person. In the book The
Nicomachean Ethics Aristotle stated his point of view to be fair and just with respect of a
society.
Aristotle stated that for receiving justice maintaining and restoring the proper balance
between being fair and being just is necessary. Aristotle did not distinguish between the
justice which relates to criminal matters and justice which is involved with regards to legal
commerce. But Aristotle only termed justice which relates to criminal matters as