Rethinking Aristotle: Aristotle's understanding of the law
2022
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Advisor: Doç. Dr. Ülker Yükselbaba
Abstract (EN)
Aristotle's understanding of the law has been analyzed for a long time; however, consensus has not been reached on this issue. Therefore, our study will be about the examination of Aristotle between the natural law and the legal positivism approaches. One of the biggest reasons Aristotle's understanding of the law is not fully understood is that the philosophy of the philosopher has not been evaluated in a comprehensive way. For this reason, it is aimed to explain Aristotle's basic philosophy at the beginning of the study. Including Aristotle's basic philosophy will lay the basis of his views in the field of law. Since his views in the fields of moral and political philosophy are much more closely related to the philosophy of law, these two issues will be reviewed just before Aristotle's understanding of the law. These two issues will be carefully analyzed. In the thesis, it will be examined whether Aristotle is a legal positivist or a natural legist, whether he is a natural legist or a classical natural legist, and whether it is possible to argue that these two approaches are outside the scope of them. For this reason, the views of those who support these approaches will be handled separately. Both acceptable and unacceptable aspects of the views will be included and by using this technique we will try to reach a resolution. Lastly, an Aristotle analysis will be carried out throughout history. The reason for this is to shed light on how Aristotle's view of law has changed over time. Thanks to this method, it will be possible to have an idea about the reasons for the proposed approaches to the philosopher's view of law; rethinking the views of the philosopher will be possible.
Author
Dr. Buket Özten
How to Cite
Buket Özten (Master Thesis). Rethinking Aristotle: Aristotle's understanding of the law, 2022, İstanbul University.
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