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Author

Lezyer V., Sumachev A.V.

Title of article

Plato’s ideas and their reception by the law enforcement practice

Section

Methodology of law enforcement activities

Issue, year

1 (31) 2015

Abstract

Plato’s legal views are still topical and can be used in the public and law enforcement practice. Much of his theory of law and legislation, crime and punishment is very modern and can be subject to reception. The authors analyzed his views in terms of modern law and, in particular, criminal law. The foundations of Plato’s political and legal philosophy are examined. It’s shown that the philosopher formulated the concept of the state as the commonwealth of people, living according to the adopted laws, united for mutual assistance in satisfying needs. He also defined the principles of state-building, developed the theory of forming and functioning of the governing body and state protection; proposed a system of anticorruption measures implemented in the current civil service legislation in most developed countries. It’s proved that The Laws by Plato contains many provisions ready for reception by modern criminal law, e.g. the ninth book covers Plato’s views on crime and punishment, judicial (criminal) liability. The detailed character and contemporary significance of murders classification and differentiation of legal (criminal) liability for committing them proposed by Plato are argued. The modern character of the philosopher’s ideas about the need to rehabilitate the offender as implementing one of the objectives of criminal punishment and the importance of the principle of punishment inevitability, even if the person who has committed the crime fled out of the state, is proved. The theoretical significance of Plato’s legal ideas and the need for their reception by law enforcement practice are emphasized.

 

Keywords

state, law, legislation, crime, punishment, justice, good.

References

1. Losev A.F. Ocherki antichnogo simvolizma i mifologii [Sketches of antique symbolism and mythology]. Moscow, Mysl’ Publ., 1993. 960 p.

2. Platon. Gosudarstvo. Zakony. Politik [State. Laws. Politician]. Moscow, Mysl’ Publ., 1998. 798 p.

3. Popper K. Otkrytoe obshchestvo i ego vragi. T. 1: Chary Platona [Open society and its enemies. In 2 Volumes. Vol. 1: Charms of Platon]. Moscow, Feniks: Kul’turnaya initsiativa Publ., 1992. 448 p.

4. Platon. Izbrannye dialogi [Chosen dialogues]. Moscow, RIPOLKLASSIK, 2001. 960 p.