Socrates Philosophy of Law

Socrates Philosophy of Law

Discussion Questions:

Fun Facts About Socrates:

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Biography:

Socrates was born 469 BC, in Athens, Greece. We know of his life through the writings of his students, including Plato and Xenophon. His "Socratic method," is the foundation for Western systems of logic and philosophy. When the political climate of Greece turned, Socrates was sentenced to death by hemlock poisoning in 399 BC. He accepted this judgment rather than fleeing into exile.

Positive law, on the other hand, believes that our rights are to be granted by the government, society or other men and therefore can be taken back by them as well. If someone commits an act and it’s not considered morally wrong but does cause harm, that’s where natural law fails to deliver. Positive law helps maintain the order of society where natural law can’t. Such as trespassing, tort law (damages) and so forth. At the end of the day, a society needs a stable justice system that does not rely on one's moral's.

• Despite the bulging eyes of Socrates, his disciples were pretty attracted to him because of his thoughts and brilliant debates.
• His method of communicating or question was known as the Socrates Method and this method sometimes made the answers too obvious, making the opponents look foolish. This is precisely why many people did not like his method but some others admired the method he used.

1. Do you think Socrates was innocent or guilty?

2. If you were to run a nation, would you use natural or positive law?

3. Do you think that natural law can be successful today if we were to implement them?

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Political Position:

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One objection to natural law is the argument of natural rights. Many say that natural law is useless because a natural law against murder or theft will not protect us from murderers or thieves. Philosophers like Hobbes believed that it allowed to find their own meaning of the law, which made it ineffective. Real rights are enforced by the laws of a state and its government.

• He was the father of Political Philosophy

• He was Natural law theorist who believed that ‘Ideals belong in a world only the wise man can understand’

• Socrates didn't support the Athenian democracy because their government did not conform to his ideal of a perfect republic led by philosophers

• He was known for engaging people in public over things like the nature of virtue. He would analyze a persons concept telling them the flaws knowing that they’ll come up with a more solid explanation

One of the immediate effects of Socrates’ death was the setting up of new philosophical schools of thoughts by his students and followers. They also exercised their perceptions of his teachings in politics. Contribution of Socrates in Western Philosophy became more evident in the Renaissance and the Age of Reason in Europe. His scientific method is still being used in classrooms and law school discourses.

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Influence:

• Socrates was charged in 399 B.C for corruption of the minds of youth in society. He was found guilty by a margin of 280 votes out of 501 jurors and was sentenced to death by drinking a poison known as Hemlock.

• Socrates failure to control Athens caused The Thirty Tyrants to take control of the city after winning the war as Spartans against Athens which was led by Plato's (Student of Socrates) relative, Critias who had once been a student of Socrates also.

Socrates, considered to be one of the smartest men in Greece by the oracle of Delphi. Is a man who believes in natural law and very much influenced the world of law. Socrates is a teacher, while his best student Plato who listened to his teachings, who then used the teachings from Socrates to cite his work and thoughts to the future. He had influenced many students along the way as he enlightened Plato, he continues to pass the torch onto Aristotle and so forth.

The fact that Socrates doesn’t even believe in civil disobedience caused a disagreement between him and his understudy Plato. Plato believed that must laws must be followed because they are a moral guide, but to him any law that did not produce justice and harmony should be disobeyed. Plato’s view is also different from Socrates when it comes to the supernatural.

Rebuttal:

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He had much influence on western society with his method known as the Socratic method. It works by asking continuous questions until a disagreement was exposed, so proving the error of the initial theory. This became known as the Socratic Method, and may be Socrates' most permanent contribution to philosophy. Socrates influenced today’s society by helping people to think outside of the box, to lead people to the idea that they should think or find the truth for themselves.

Plato believed in God and the metaphysics, this can be seen in the way he talks about law as being righteous which validates it more because if law comes from an external force it is viewed more highly and appropriately then compared to it just being handed down to man from other men, who made it. Lastly unlike Socrates theory focused on virtue and justice whiles Plato’s focused on knowledge, he believe that the best city was ruled by knowledge and this meant that the city should be ruled by its peoples natural desires.

In the Book of Plato’s republic Socrates and and Thrassymacus ask the question what is justice? Socrates view of law is very hard to live out when thinking about the times in life when one might have to view breaking the law as what is right and not keeping the law. Since Socrates came up with the theory of natural law he really didn’t see any room for the law to be disobeyed (Which is odd because positive says the same thing). Socrates’ didn’t even try to escape from his own death because he believed it would be wrong to do to so.

Agree or Disagree:

References:

Thomas Hobbes rebuttal:

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Just like how Socrates was the first natural law philosopher, many believe Hobbes is the first positive law philosopher. Socrates was very strict on what type of people a society should have or should be run by. Unlike Socrates, Hobbes had a very strong conviction that all men in a society are equal and citizens should be able to judge their government. That means all men had a say in the politics of their state.

We disagree with Socrates’ philosophies on law as he is a natural law theorist. We don’t agree with his views on natural law and justice as natural law would not protect society because it’s all moral based. You need something more than that to run a city or nation. Natural law begins with the assumption that all of our rights come from God or nature and are essential to our being.

• BAIDYA, S. (2014, October 14). 30 Interesting Socrates Facts. Retrieved March 9, 2015, from http://factslegend.org/30-interesting-socrates-facts/
• Mark, J. (2009, September 2). Socrates. Retrieved March 9, 2015, from http://www.ancient.eu/socrates/
• Socrates Biography. (n.d.). Retrieved March 9, 2015, from http://www.thefamouspeople.com/profiles/socrates-259.php
• Socrates. (2015). The Biography.com website. Retrieved 08:53, Mar 08, 2015, from http://www.biography.com/people/socrates-9488126.
• The Influence of Socrates. (n.d.). Retrieved March 9, 2015, from http://www.mediabyjohn.com/socrates/influence.html

Hobbes came to the conclusion a states should be controlled by a monarch while Socrates believed that it should be ran by philosophers, who did not have sole authority. Just like Plato, Hobbes believed that civil disobedience is always wrong but he thought it would lead into anarchy. The perfect republic was not what Hobbes focused it on, it was protection from each other so that no one was harmed. Men wanted to take over each other so the government having sole power would protect the people of the state.

By: Yan D, James F, Khalil J, & Boaz Y