Plato: Obedience to Law

Plato’s Republic has the Greek name of Politeia that Araújo translates as “the way of life of the citizens,” not “the State” or “the form of government” as it more traditionally rendered. Plato’s treatise, Politeia, depicts the rich array of patterns emerging from human interaction and enquires into the best amongst them. Cooperative Flourishing in Plato’s Republic returns to these important questions about society – how to live with a vast diversity of personalities, with different interests and abilities, all of (...) them trying to flourish – and asks how best can we share our environment? With rigorous philosophical analysis of the Greek text, accompanied by original translations of the most important passages, Araújo upends mainstream scholarship to progress Socrates’ “bottomup” view of politics and rejects previous readings of the Republic as a proto-totalitarian text, psychological study or lengthy analogy. By defending a theory of Platonic justice that is rooted in cooperative flourishing, the public education of all citizens and the contribution of philosophers to political life, “the beautiful city”, which Plato called Kallipolis, emerges as a hopeful possibility. (shrink)

Abstract: In 1934 Gadamer delivered the lecture Plato und die Dichter. Its central topic was the relationship between poetry, philosophy and politics in Plato’s thought. Gadamer developed an original phenomenological investigation on Plato’s ethical-political philosophy and the role that art played in it, in which the dimension of language and the meaning of utopia are structural for his arguments. This article aims, in the first place, to elucidate some political dimensions of Plato und die Dichter. In order to do this, (...) I will carry out a critical review of Donatella Di Cesare’s and Dennis Schmidt’s contemporary readings of these aspects. In the conclusions, after briefly analysing in the third section the relationship between phrónēsis, aretḗ and andreía in the Platonic dialogues, I will try to demonstrate how these notions illuminate the question of the seduction of power (neglected by Schmidt in his reading of Gadamer’s Plato), as well as the inseparability of this problem with respect to the dialectical conception of utopia. It will be suggested that it is possible, from and beyond the Gadamerian reading of Plato, to rethink the idea of civil disobedience and the political value of the myth from standpoint of utopia. // Resumen: En 1934 Gadamer pronunció la conferencia Plato und die Dichter,cuyo tema central era la relación entre poesía, filosofía y política en el pensamiento platónico. Allí desarrolló una original investigación fenomenológica sobre la filosofía ético-política de Platón y el lugar que el arte ocupaba en ella, en la que la dimensión del lenguaje y el significado de la utopía son estructurales para sus argumentaciones. El presente artículo se propone, en primer lugar, elucidar algunos aspectos de la dimensión política de Plato und die Dichter. Para ello, se realizará una revisión crítica de las lecturas contemporáneas de estos aspectos por parte de Donatella Di Cesare y Dennis Schmidt. En las conclusiones, tras analizar brevemente en el tercer apartado la relación entre phrónēsis, aretḗ y andreía en los diálogos platónicos, intentaré demostrar cómo estas nociones alumbran la cuestión de la seducción del poder (descuidada por Schmidt en su lectura del Platón gadameriano), así como la inseparabilidad de este problema con respecto a la concepción dialéctica de la utopía. A partir de esto último se sugerirá que es posible, a partir y más allá de la lectura gadameriana de Platón, repensar la idea de “desobediencia civil” y el valor político del mito desde el punto de vista de la utopía. (shrink)

I defend the Seventh Letter, traditionally attributed to Plato, against Michael Frede's argument that it presents a political philosophy inconsistent with that found in the Laws. Frede argues that Plato had given up the idea of the philosopher-king in his Laws, but the 7th Letter seems to be still committed to the project. I argue the Laws, particularly with the introduction of the Nocturnal Council, has Philosopher-Rulers in all but name. I consider the education of the Nocturnal Council and how (...) it functions relative to the other constitutional structures of Magnesia. Frede advances several other arguments that the 7th Letter is spurious, but it at least escapes the most damning charge that it is inconsistent with the Laws philosophically. (shrink)

Socrates ́ thought of justice and obedience to laws is moti- vated by a will to avoid the destructive effects of Sophistic criti- cisms and theories of laws. He thus requires–against theories of natural law–an almost absolute obedience to the law, as far as this law respects the legal system of the city. But, against legal positivism, Socrates would not admit that a law is just simply because it is a law: he is looking for the true Just. However, as (...) often in Socratic philosophy, Socrates cannot accept that two equally justified and legitimate rights or moral values conflict. (shrink)

A large amount of contemporary literature on Plato’s Republic deals with Glaucon’s speech as the major challenge Socrates is to face in his defense of justice, seeing in Adeimantus’ speech nothing but a restating of the matter. However, Plato is very clear in stating both that Glaucon’s argument was not enough and that he did not make the most relevant point to the matter. The aim of this paper is to present Adeimantus’ contribution to the problem in two general theses: (...) first the objection to piety as a virtue, submitting it to justice; second the argument about the power of collective concealment as a device for breaking the cause/effect pattern that sustains the logic of retribution. The conclusion is that, while Glaucon presents an account that would grant justice to members of a community that obey its laws, Adeimantus considers this only an appearance of justice that would still produce collective unjust actions. By means of Glaucon’s challenge, Socrates is expected to prove that justice has a power in the soul besides its communitarian function, but by Adeimantus’ challenge, he is to demonstrate that it has a power in the soul despite the injustice that constitutes a community. (shrink)

This paper examines the relationship between the political thought of Plato and Xenophon, by positioning both as post-Socratic political theorists. It seeks to show that Xenophon and Plato examine similar themes and participate in a shared discourse in their later political thought, and in particular, that Plato is responding to Xenophon, with the Statesman exploring similar themes to Xenophon’s Cyropaedia, which itself responds to sections of Plato’s Republic. Both writers explore the themes of the shepherd king and the kairos as (...) attributes of the excellent leader, and both use temporality and political ontology to do so. (shrink)

Plato’s Laws include what H.L.A. Hart called the ‘classical thesis’ about the nature and role of law: the law exists to see that one leads a morally good life. This paper develops Hart’s brief remarks by providing a panorama of the classical thesis in Laws. This is done by considering two themes: (1) the extent to which Laws is paternalistic, and (2) the extent to which Laws is naturalistic. These themes are significant for a number of reasons, including because they (...) show how Laws might be viewed as a sophisticated forerunner of natural law theory. The upshot is that Plato's metaphysical commitments about legal ontology allow him to base the truth of legal propositions on the way they relate to the truth of corresponding moral propositions. (shrink)

At the start of Plato’s Minos an anonymous comrade argues that the variability of law according to time and place undermines the claim that it conveys moral truth. But by the end he has accepted Minos as the greatest of lawgivers because of his education by Zeus. How does he manage to slide so quickly from the moral laxity of conventionalism to the moral absolutism of divine revelation? Guided by this question, the author considers how the two divergent parts of (...) the Minos form one whole, and so what Plato suggests is the common basis to conventionalism and piety. Plato’s Minos thus ends up having an unexpectedly close relationship to his Euthyphro. (shrink)

A reply to Melissa Lane's "Antianarchia: interpreting political thought in Plato" In these comments I focus on how to think of antianarchia as an element of Plato's political thought, and in doing so raise some methodological questions about how to read Plato’s dialogues, focusing on what is involved in attributing views to Plato in general.

This paper gives a novel reading of the argument addressed by the Laws of Athens to Socrates in Plato's Crito. Many philosophers have suggested that the argument of the Laws is merely a weak 'rhetorical sop' to Crito. However, I offer an interpretation of that argument that brings out its plausibility, particularly in the context of the post-Oligarchic demos of early fourth-century Athens. For on Crito's plan, Socrates would have undermined a critical form of civic trust in Athens, not by (...) merely disobeying the sentence imposed on him by the jury, but by openly displaying the legal impunity of the rich. -/- We can call this 'legal trust.' By that coinage, I mean citizens' faith in their fellow citizens' willingness and ability to collectively defend the law---to enforce it against the powerful, and refrain from acting to undermine that capacity. When the members of a democratic political community recognize one another's commitment to their legal system, they are able to defend the laws that hold their democracy together; in such a state, the laws are both conceptually constitutive of democratic authority and practically necessary for democracy. -/- Taken in the context of the strategic structure of the Athenian legal system, in the appeal to the filial loyalty Socrates owed the Laws we can see just such an account of the interweaving of law, trust, and citizenship in the preservation of a democracy. The Laws demand that Socrates be trustworthy, and thereby refrain from undermining his fellow citizens' trust in them, where that trust is necessary for the citizens' collective defense of the democratic legal system; they make this demand on Socrates in virtue of the Laws' role in Socrates's identity as citizen. (shrink)

The analysis demonstrates that for Plato the principal aim of punishment is not the defence of values acknowledged by the legal system nor the well being of the state, but the good of the individual – his personal development, which is, first of all, moral development. This development consists of the attainment of the greatest – situated on the level of existence – excellence of the subject, which is the virtue of justice, an inner unity based on inner regularity, order, (...) harmony and straightness. Attainment of the virtue of justice is likewise the attainment of happiness. In principle, punishment ought to be adapted and proportionate not to the act committed, but to the state of the subject, the state of his soul. It should be appropriate medicine, returning health to the soul, restoring inner order, harmony and straightness. The elements of a retributive concept of punishment become salient above all in the case of the most hardened criminals, who are internally so spoiled that no amelioration is possible, no punishment can be a suitable, sufficient medicine. Yet, the punishment is deserved, proportional to the degree of depravity of the offender, and thus possesses a deterrent value. Moreover, the suffering of the offender, since it is beneficial for others, contributes to his inner unity and his goodness. The preceding analysis concerning Plato’s conception of punishment clearly shows that the aim of punishment is not the good of the state, nor the abstractly conceived order of justice. The aims of punishment are not located beyond the individual (the individual soul). Therefore, in this conception of punishment there are no elements of thinking typical of that in the spirit of totalitarianism. The law and the state serve the good of the individual. This is an important argument on behalf of the postulate of a non-totalitarian interpretation of the Republic and the others dialogs of Plato. (shrink)

Short communication published in the Proceedings of the International Summer School for Young Researchers Platwnopolis, in St. Petersburg, Russia, 2012.

Plato's Republic critiques Athenian democracy as practised during the Peloponnesian War years. The diseased city Socrates attempts to purge mirrors Athens in crucial particulars, and his proposals should be evaluated as counter-weights to existing institutions and practices, not as absolutes to be instantiated. Plato's assessment of the Athenian polity incorporates two strategies -- one rhetorical, the other argumentative -- both of which I address. Failure to consider Athens a catalyst for Socrates' arguments has led to the misconception that Plato was (...) dogmatically committed to a single political doctrine for all and for all time. (shrink)

Most interpretations of the Crito, such as the absolute obligation view and the civil disobedience view, are thought to be grounded largely in an obligation of gratitude. I present arguments for why these interpretations are not viable, and then propose an alternative solution; this alternative is the obligation of fair play. While the obligation of fair play has been discussed before in relation to the Crito, this is the first full account of the position. The fair play interpretation both precludes (...) absolute obligation and does not require civil disobedience to resolve supposed inconsistencies with the Apology. (shrink)

In the Statesman, Plato seems to be advocating that in the absence of a true king who will rule independently of laws, the next best thing as far as just rule is concerned is to ad here rigidly to existing laws, whatever they are. The rule of the true king is given as an example of virtuous rule in the sense that virtue politics or jurisprudence holds that laws cannot always deal justly with particular cases. But Plato’s view of what (...) we must do when there are no true kings forthcoming seems to preclude a virtue theoretical understanding of politics and laws. In this paper I will investigate the view that the image of the true king, who relies on written laws for convenience only, provides a model for a more realistic appeal to virtue in jurisprudence, that is, a respect of laws that is compatible with equity, in the sense understood by Aristotle.Čini se da Platon u Državniku zagovara shvaćanje prema kojemu u odsutnosti istinskog kralja koji će vladati neovisno o zakonima druga najbolja stvar, što se tiče pravedne vladavine, jest strogo pridržavanje postojećih zakona, što god oni bili. Uloga istinskog kralja navodi se kao primjer vrle vladavine u tom smislu što politika ili jurisprudencija koje se zasnivaju na vrlini drže da zakoni ne mogu uvijek pravedno izlaziti na kraj s pojedinačnim slučajevima. No čini se da Platonovo shvaćanje toga što moramo činiti kada ne postoje istinski kraljevi sprječava razumijevanje politike i zakonâ koje se zasniva na teoriji vrline. U ovom članku ispitujem shvaćanje prema kojemu slika istinskog kralja, koji se na pisane zakone oslanja samo iz praktičnih razloga, pruža model za realističnije pozivanje na vrlinu u jurisprudenciji, to jest poštivanje zakonâ koje je spojivo s nepristranošću u onom smislu u kojem to razumije Aristotel. (shrink)

The penal code of the Laws has attracted scholarly attention because it appears to advance a coherent theory of punishment. The Laws' suggestion that legislation follow the model of 'free doctors', as well as its discussion of the Socratic paradox, leads one to expect a theory of punishment that recommends kolasis and nouthetesis rather than timoria. In practice, however, the Laws makes use of the language of timoria and categorizes some crimes as voluntary. While the Laws provides a searching criticism (...) of contemporary Greek penal practices rooted in anger and retribution, Kleinias' dramatic participation in the discussion forces the qualified inclusion of these common beliefs. While the Laws provides a philosophic intervention intended to reform the injustices of contemporary penal practices, it ultimately suggests that educated doxa, not theoretical completeness, is the proper standard for establishing a workable penal code. (shrink)

This paper is in part an introduction to Plato's late political philosophy. In the central sections, I look at Plato's Laws and Statesman and ask the question of how law can produce authentic virtue. If law is merely coercive or habituating, but virtue requires rational understanding, there will be a gap between what law can do and what it is supposed to do. I examine the solution to this difficulty proposed in the Laws, the persuasive preludes attached to the laws, (...) and suggest that they produce an inferior, passive mode of rational order that falls short of full virtue. (shrink)

ABSTRACT: Can virtue ethics say anything worthwhile about laws? What would a virtue-ethical account of good laws look like? I argue that a plausible answer to that question can be found in Plato’s parent analogies in the Crito and the Menexenus. I go on to show that the Menexenus gives us a philosophical argument to the effect that laws are just only if they enable citizens to flourish. I then argue that the resulting virtue-ethical account ofjust laws is not viciously (...) paternalistic. Finally, I refute the objection that the virtue-ethical account I am proposing is not distinct from a consequentialist account.RÉSUMÉ: Peut-on construire une théorie de la loi à partir de l’éthique de la vertu? Qu’est ce qu’une bonne loi? Je dis que l’on trouvera une réponse à la question dans l’analogie entre les lois et les parents présentée par Platon dans le Criton et le Ménéxène. Dans §2, je montre que le Ménéxène apporte une défense philosophique de l’argument que les lois sont bonne seulement si elles amènent les citoyens a la vertu.Dans §3, je montre que celte théorie des lois selon la vertu n’est pas outre mesure paternaliste. Dans la dernière section, je réponds a l’objection suivante : que la théorie que je défend n’est ni plus ni moins qu’une théorie conséquentialiste. (shrink)

I propose an alternative interpretation of the Crito. The arguments that are typically taken to be Socrates’ primary arguments against escape are actually supplementary arguments that rely on what I call the Superiority Thesis, the thesis that the state and its citizens are members of a moral hierarchy where those below are tied by bonds of obligation to those above. I provide evidence that Socrates holds this thesis, demonstrate how it resolves a number of apparent difficulties and show why my (...) interpretation is preferable to competing interpretations. (shrink)

The Law Most Beautiful and Best is a thoughtful and creative examination of the role irrational rhetoric ought to play in persuading citizens to voluntarily obey laws. Author Randall Baldwin Clark explores the figure of the physician in Plato's Laws to address this question, identifying the subtle ways in which Plato uses the physician's role in healing as a metaphor for the task of governance and arguing that Plato hints that rational discourse may ultimately be inadequate as a persuasive technique.

Antigone’s reasons for being prepared to die make good sense within a tragic world-view; but the Crito turns out to be, in an odd way, aporetic, because Socrates’ professed reasons make no sense within the Platonist world-view that we expect him to use. On Platonist principles, Socrates should have escaped from prison, and acted unjustly in not doing so. But Socrates’ real reasons for being prepared to die are not Platonist: they are tragic. Like Antigone, he regards the narrative of (...) his life as over: this is why he is incapable of taking seriously the option of escape. (shrink)

THE SECOND BOOK OF PLATO’S REPUBLIC begins with a spirited outburst. Glaucon, not satisfied with Socrates’ arguments proving the goodness of justice in book 1, demands a new proof. At once deeply tempted and deeply repelled by the life of injustice, he wishes to be purged of his longing for tyranny and, accordingly, wants Socrates to show that justice itself, by itself, is good, that is, that justice is not simply a necessary evil, something good by law or nomos but (...) not by nature. To explain what he means, Glaucon tells a story. Perhaps it is worth quoting in full. (shrink)

My paper has two aims. The first is to challenge the widespread assumption that the personified Laws of Athens, whom Socrates gives voice to during the second half of the _Crito express Socrates' own views. I shall argue that the principles which the Laws espouse not only differ from those which Socrates sets out in his own person within the dialogue, but are in fact in conflict with Socrates' states principles. (edited).

So far, interpreters have not made the import of this last clause clear. F. J. Church translates the last phrase ‘they act at random’. Burnet says of Adam that he seems to have been the first to point out that the meaning cannot be ‘they act at random’. Instead, ‘the phrase expresses indifference’. Adam′s idea, which Burnet here commends, is that the many are thoughtless in their treatment of the individual; and Adam compares 48C below: the many would lightly put (...) someone to death and just as lightly bring him back to life again. The Burnet-Adam point is evidently that the many have a policy of acting indifferently, or just as it occurs to them—by contrast with the ‘at random’ in Church′s translation, which suggests that they act without policy at all. (shrink)

This is a fascinating and important study of ideas of justice and punishment held by the ancient Greeks. The author traces the development of these ideas from Homer to Plato, analysing in particular the completely radical new system of punishment put forward by Plato in his dialogue the Laws. From traditional Greek ideas of cursing and pollution through to Plato's views on homicide and poisoning by doctors, this enlivening book has a wealth of insights to interest both ancient historians and (...) classicists, and all those interested in the history of philosophy and ethics. `Quite simply, essential reading.'. (shrink)

In 1979, A. D. Woozley proposed an interpretation of Apology 29c–d which was intended to alleviate the well-known tension between the Apology and Crito on the citizen's obligation to obey the law. According to his interpretation, the court's hypothetical offer – to release Socrates on the condition that he will be put to death if he does not give up philosophy – is not an order, but a warning as to what would happen should he accept their acquittal and yet (...) continue to philosophize. Obviously, if this is the spirit of the words he puts into the court's mouth, Socrates would not be guilty of disobedience should he refuse the offer, or even if he should accept it and then disregard the warning. To support this interpretation, Woozley suggested a novel construal of the words in which Socrates makes his refusal – πεσομαι δ μγγον τ θε ἢ μν. (shrink)

The crito takes no stand on the question of whether violating the law is ever morally justified, despite modern attempts to derive a civil disobedience doctrine from it. The argument is largely ad hoc and ad hominem and resistant to generalization as political theory. The central claim is that socrates' escape would be unjust because escape would be an act whose maxim is incompatible with the principle of effective legality. A new construal of the crito's argument is offered and several (...) problems with the argument are discussed. (shrink)

This book is a brilliant and painstaking analysis, at once historical and systematic, of Plato's penology. The initial sinking of a philosopher's heart at the sight of philosophy done by a classicist is soon stopped and even reversed. For Mackenzie immediately displays a mastery of the philosophical issues involved in a critique of penal institutions. The book opens with five chapters that clearly set forth the basic incongruity: experience shows that penal institutions are inevitable in human societies, and yet punishment--because (...) it does harm to the punished-needs to be justified. But the major philosophical theories fail in that justification: retribution, deterrence, and reform are finally incompatible with each other, and yet none can stand alone without doing violence to the intuitions of common sense. Plato's theory, then--basically reformative, with a touch of deterrence--is finally unsatisfactory. As the author says in her introduction, "different theories of punishment cannot be held conjointly because they conflict. But they cannot be held separately, either, or they risk being violent or unintelligible. Violence is what theories of punishment guard against, and if a theory is incomprehensible, it is no theory at all". Plato's theory is then said to fail by being incomprehensible. (shrink)

Considerable scholarship over the last dozen years has greatly increased our understanding of Apology and Crito. However, the knottiest problem between these dialogues--the frequently noted apparent contradiction between Apology 29c-30c and Crito 51b-c, between Socrates’ pledge to disobey a court order to give up philosophy and his argument that legal authority absolutely obligates a citizen to obedience--is far from being resolved. In the end I argue that this contradiction is unresolved, despite numerous ingenious attempts to eliminate it, because it is (...) rooted in deep inconsistencies in Socrates’ principles and character. In the course of reaching a conclusion that most scholars have striven to avoid I review and dispute the major strategies on resolving the contradiction: that it is only apparent, because one of the views is not (unqualifiedly) Socrates’ or a sophisticated analysis of the rhetorical purposes of the dialogues eliminates any contradiction. (shrink)

The argument attributed to the Laws of Athens at Crito 50 a ff. relies on three main propositions, firstly that disobedience to law harms persons, secondly that the relationship between citizen and state is analogous to that between child and parent, and thirdly that the citizen makes a tacit compact to obey the laws. The connection between these three is not entirely clear and I shall consider how the first proposition is related to the second, and then how the second (...) is related to the third. Both these problems, which are important for the assessment of Plato's conclusions, appear in obscurities in the structure of the speech of the Laws. (shrink)