A critical analysis on the theory of the cycle of the decline of constitutional laws from the point of view of Polybius

Articles in Press

Document Type : Research Paper

Authors

1 Islamic Azad University of Shiraz

2 public law department, Law and Humanitarian Faculty, Islamic Azad University, Shiraz Branch, Iran.

3 faculty of law and hummanities , Islamic Azad University, Shiraz Branch, Shiraz, Iran

4 Faculty of Law and Human Sciences, Islamic Azad University, Shiraz, Iran

Abstract

Polybius, a prominent Greek philosopher and historian, is renowned for his extensive works, particularly in narrating the evolution of legal systems. Central to his scholarship is the concept of the cycle of fundamental laws, which forms the core focus of this article. Observing the collapse of governments, the disruption of legal frameworks, and the ensuing societal discord manifested in internal strife, Polybius sought to discern the underlying causes of such instabilities. Through his proposition of the cycle of constitutional laws, he aimed to advocate for the notion that a well-balanced constitution ensures the welfare of all societal strata, fostering legal and social equilibrium. This article delves into the concept and function of Polybius's cycle of fundamental laws, accompanied by a critical examination. Employing a descriptive-analytical research method, data collection was primarily conducted through library research. The findings challenge Polybius's perspective, contending that while he posited a balanced constitution as a remedy for the cycle of decline, no legal framework or structure is inherently complete, necessitating continual and widespread citizen oversight. Failure to uphold such vigilance inevitably leads to corruption, rendering any constitutional guarantees precarious.

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Journal of Legal Studies

Articles in Press, Accepted Manuscript
Available Online from 06 August 2024

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