Читать книгу A Beginner's History of Philosophy, Vol. 1: Ancient and Mediæval Philosophy онлайн

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It was thus that the distinction arose between positive law and natural law. Reflecting upon the differences among the constitutions of the Greek states and upon the constant alterations in these constitutions, the Sophist concluded that the greater part of them were of human invention. They were positive laws and were to be contrasted with natural law, which was such law as is binding on all men equally. Natural law is therefore of greater worth than positive law, and is set in antithesis to it. Sir Henry Maine says in his Ancient Law that the Greeks did not found any system of jurisprudence, because natural law was always referred to by them in arguing any question. The only way to find natural law is to strip it of the mass of conventional laws. The word “nature” has been in its history one of the most ambiguous of words; and Protagoras’ teaching that “nature” consists of primary ethical feelings is hardly a complete and satisfactory definition. The more the theory of the Sophists limited “nature” to human nature, and to human nature in its capricious and individual aspects, so much the more did statute laws appear antagonistic to natural law and seem to be detrimental to it.