Socrates and the Law

Socrates

In Plato's Crito, Socrates engages the title character in a dialogue about the nature of law, justice, and ethics. Crito wants to break Socrates out from prison, making various arguments in favor of the escape. For one, Crito tells Socrates that it is not ethical to abandon his children if he can help it. Second, Crito repeatedly refers to his own honor and ego, not wanting to be viewed as having failed his friend. Third, Crito claims that Socrates is popular abroad and that his escape would make others happy. Crito's argument is classically utilitarian in nature. The problem is, Socrates is not a utilitarian. Socrates' position is that justice is unequivocal. He has accepted his fate, and did the moment of the trial. Socrates categorically refuses to escape from prison, because doing so would represent an unjust act. Therefore, Socrates firmly believes that a citizen of the state has an obligation to respect the laws of the state. If the citizen disagrees with the laws of the state, instead of breaking the law, the citizen should use the powers of reason and rhetoric to persuade legislative change.

Responding to Crito, Socrates repeatedly uses the phrase "improved by justice and deteriorated by injustice." For Socrates, using colloquial language, two rights don't make a wrong. He also states, "Injustice is always an evil and dishonor to him who acts unjustly." To escape would dishonor Socrates; although the philosopher does not in any way mean that his decision is a selfish one. On the contrary, Socrates' decision is based squarely on his placing the integrity of the city -- and its laws -- above his own life. He values the perpetual integrity of the legal codes that underlie a just society, in order for that society to evolve into a more just and reasonable place.

Because he might have failed to persuade the jury of the truth of his actions does not mean that Socrates has the right to wantonly disobey social codes. Social codes and social order are more important to Socrates than his own liberty and life. Disobeying the law leads to dissolution of the state. The state and its legal institutions exist as a matter of mutual trust between fellow citizens. Disobeying the law completely weakens the system, and there are no exceptions to this rule.

On a personal level, Socrates notes that a person who is willing to break the law might also be willing to do evil or unjust things in other arenas. For instance, he states, " he who is a corrupter of the laws is more than likely to be corrupter of the young and foolish portion of mankind." Socrates argues from a character virtue perspective that it is critical for a good person to obey the law. Yet part of the social contract is also to have the wisdom and willingness to point out necessary changes to the law. The law, enacted and drafted by humans, is not infallible. Because human beings make the law, those laws can be changed. Socrates allows for the existence of a more permanent, divine, law, as he concludes his dialogue with Crito by stating his willingness to follow the "intimations of God."