ABSTRACT

The precursors of modern jurisprudence selected as the basis of the questions in this chapter are Plato (c 427-c 347 BC), Aristotle (384-312 BC), Cicero (106-43 BC), Grotius (1583-1645), Hobbes (1588-1679), Locke (1632-1704) and Rousseau (1712-1778). Plato, Aristotle and Cicero were concerned with fundamental problems such as the nature of justice and the functions of law. Hobbes, Locke and Rousseau sought, through their theories of ‘the social contract’, to explain the place of government and law within society. Grotius was concerned with questions of liberty and order. The theories produced by these philosophers formed the basis of many problems which continue to be posed in modern jurisprudence. Questions of the type forming this chapter call for an understanding of the basic teachings related to justice, law, state and government. Answers must concentrate on fundamentals.