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0.1 IntroductionMan is by nature a rational animal1and it is with this rationality that he seeks to livein a well ordered society. It is highly out of order to presume man to live in a society that ismarked by chaos and irregularity. It is therefore natural and ad rem that man should live in asociety that is fashioned according to the rational state of man. This is why Plato tries tojuxtapose the state with the soul. Plato believe that just as the three faculties of soul viz. theintellective, the vegetative and the appetitive soul in man is well ordered to create uniformityand order within man so the state should be ordered. So that in the state everyone will berelevant and, regulations of the common good will be well harnessed by a competentauthority. With the harmony of the faculties of the soul, the state should also be harmonized,that is, the different bodies the philosopher king, the militia, the hoipoloican work in unisonto create a peaceful and well-ordered state. Because of the irrefutable existential import of law, many philosophers have risenwith different theories on how to run the state with law. The fact of man being a social animalis irrefutable and no man can live isolated from other men unless one is bereft of reason.Little wonder why Aristotle posits firmly that man is a social animal.2Man being a socialanimal, it does not remove the natural tendency of self-preservation in him. This is in thethought of Thomas Hobbes who argues that man is naturally self-preservation. The first andstrongest instinct in everyman is the instinct to self-preservation.3This self-preservation cancome in different ways. It can be in the pursuit of things that will better life, in this case wetalk of property. Man wants to acquire properties so as to enjoy life and he also tries to1 Cf. Sheldon M. Cohen, Aristotle on Nature and Incomplete Substance(Cape Town: Sheldon M. Cohen, 1996),p. 105. 2 Cf. Aristotle, Politics trans. Benjamin Jewett. 3 Cf. Thomas Fahy ed., The Philosophy of Horror (Kentucky: University Press of Kentucky, 2010), p. 62.1
preserve his life in the midst of other people who on the other want to preserve their own life.Following, we see in a society different people trying to survive and an idea of survival of thefittest comes to the fore. Man then becomes aggressive and the bestial nature of man becomesmanifest. If this be the case, then there cannot be a well ordered society since the only thingthat will rule men is the sensibility and passions. This is why reason becomes paramount inthe society so that man avoids being ruled or overtaken by his passions and desires to self-preserve and enjoy life. Law comes in as an ordinance of reason which is geared towards the common good.