Great IdeasLiving together

Laws and lawgivers

Where laws come from, why we obey them, and when they can be wrong.

The question

Where do laws come from, and why should we obey them? Can a law be wrong?

The stops on a time line 9 stops, from 441 BC to 1820. Each number is a stop below, placed at its year.
  1. 1 Sophocles 441 BC
  2. 2 Plato 350 BC
  3. 3 Aristotle 335 BC
  4. 4 Thomas Aquinas 1270
  5. 5 Thomas Hobbes 1651
  6. 6 Montesquieu 1748
  7. 7 The American founders 1787
  8. 8 Immanuel Kant 1788
  9. 9 G. W. F. Hegel 1820

How the books answer

Oldest first. Each stop is our own short summary of what the author argued; follow the link to the rung for the whole lesson.

  1. c. 441–401 BC

    Sophocles, Antigone

    When King Creon forbids the burial of her brother, Antigone appeals to laws older than any king. Creon stands for the law of the city, which keeps order. Sophocles sets the two side by side and lets both suffer for their stubbornness.

    “For their life is not of today or yesterday, but for all time, and no man knows when they were first put forth.”

    Go to the rung: Sophocles: Oedipus and Antigone

  2. c. 360–348 BC

    Plato, Statesman, Philebus, Laws and the Seventh Letter

    In his last dialogue, Plato imagines three old men planning laws for a new city. He suggests each law should begin with a preamble that explains its reason, so citizens obey because they are persuaded, not only because they are afraid. Law, for him, should be a teacher of good character.

    “Tell me, Strangers, is a God or some man supposed to be the author of your laws?”

    Plato, Laws I, 624a. Translated by Benjamin Jowett (The Dialogues of Plato, 3rd edition, vol. V, Clarendon Press, 1892). Internet Archive.

    Go to the rung: Plato: Statesman, Laws and the Seventh Letter

  3. c. 340–322 BC

    Aristotle, Politics and The Athenian Constitution

    Aristotle asks whether it is better to be ruled by the best man or by the best laws. He leans toward law, which he calls reason without passion, since any human ruler can be swayed by anger or desire. But laws are general, so wise judges are still needed for cases the law did not foresee.

    Go to the rung: Aristotle: Politics

  4. 1265–1274

    Thomas Aquinas, Summa Theologica, First Part of the Second Part

    Aquinas defines a law as a rule of reason for the common good, made by whoever cares for the community, and made known. He describes an order of laws: God's eternal law, the natural law that reason can grasp, and human laws that apply it. Human laws, he says, should not try to forbid every vice, only the most serious harms.

    “it is nothing else than an ordinance of reason for the common good, made by him who has care of the community, and promulgated.”

    Thomas Aquinas, Summa Theologica, First Part of the Second Part, Question 90, Article 4. Translated by the Fathers of the English Dominican Province (Second and Revised Edition, 1920). New Advent.

    Go to the rung: Aquinas: Happiness, Virtue and Law

  5. 1651

    Thomas Hobbes, Leviathan

    Hobbes defines law more simply: the command of the sovereign, the power that the people have set over themselves. Where there is no common power, he says, there is no law. People obey because the sovereign keeps the peace that protects their lives.

    Go to the rung: Hobbes: Leviathan

  6. 1748

    Montesquieu, The Spirit of Laws

    Montesquieu compares the laws of many lands. He argues that good laws must fit the people they serve: their kind of government, their climate, trade, religion and customs. This is the spirit of the laws, and he also argues that liberty needs the power to make laws kept apart from the power to carry them out and to judge.

    Go to the rung: Montesquieu: The Spirit of Laws

  7. the Constitution, 1787

    The American founders, The Declaration of Independence, the Articles of Confederation and the Constitution of the United States

    The Constitution of the United States is a written law above ordinary laws. It sets up the government, limits its powers and gives a way to change it by amendment. It names itself the supreme law of the land, and the people, not a king, are said to establish it.

    Go to the rung: The American State Papers

  8. 1785–1797

    Immanuel Kant, Fundamental Principles of the Metaphysic of Morals, The Critique of Practical Reason, and the writings on ethics and right

    Kant turns to a law inside each person. A rational being, he says, can give itself the moral law and follow it freely, and this self-rule is what makes people worthy of respect. He ends one book by saying two things fill him with awe: the starry sky and the moral law within.

    “Two things fill the mind with ever new and increasing admiration and awe, the oftener and the more steadily we reflect on them: the starry heavens above and the moral law within.”

    Immanuel Kant, Critique of Practical Reason, Conclusion. Translated by Thomas Kingsmill Abbott (Kant's Critique of Practical Reason and Other Works on the Theory of Ethics, 4th edition, Longmans, Green, London, 1889). Internet Archive.

    Go to the rung: Kant: The Moral Philosophy

  9. 1820

    G. W. F. Hegel, The Philosophy of Right

    Hegel argues that laws, property, the family and the state are freedom made real in the world, not just limits on it. The first command of right, he says, is to be a person and respect others as persons. He thinks a people's laws grow out of its history.

    “Be a person and respect others as persons.”

    Hegel, Philosophy of Right, section 36 (on abstract right). Translated by S. W. Dyde (George Bell and Sons, London, 1896). Internet Archive.

    Go to the rung: Hegel: The Philosophy of Right

For young readers

Laws are rules for a whole country or town, like stopping at red lights or not taking things that aren't yours. They help people live together safely.

But where do they come from? Some writers say good laws follow rules of right and wrong that are true everywhere. Others say a law is whatever the government decides. Many say a good law should have a good reason that people can understand, just as a good family rule does.

Talk about it

  • What is a rule in your home? What is the reason for it?
  • Plato says a law should explain itself. Do you follow rules better when you know why?
  • Can a law ever be wrong? What should a person do then?
  • Why is it helpful to have laws written down?
  • Which is better: a very wise ruler or very good laws?

Where else on the site

Every rung tagged with this idea:

These pages are our own short synthesis, written for families. They were inspired by Mortimer J. Adler's Syntopicon, the index of great ideas in volumes 1 and 2 of Great Books of the Western World, but the questions, summaries and groupings are ours, not the Syntopicon's. Short excerpts come from public-domain translations, credited where they appear.

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