Tag Archives: law

Thoughts on “Crito” by Plato

This short dialog is included in The Last Days of Socrates which I originally read in college (and yes, I still have my old copy). It takes place while Socrates is in prison awaiting execution, and his friend Crito offers to help him escape and leave Athens. The two discuss whether it is right to do something that is wrong if something wrong is done to you, ultimately concluding that it is not justified, that the ideal of the social contract is more important than an individual’s self-interest. Essentially, Socrates would not break the law by escaping prison even though he was wrongly convicted, because upholding the ideal to which he agreed to live mattered more than his life.

Reading this in a time of social unrest as a result of individuals being frustrated with an unjust legal system raised a lot of questions for me, particularly: At what point does the social contract become invalid? If the laws themselves are just, but the people enforcing and applying those laws are unjust, is it right to respond unlawfully to foment social change which is clearly in the best interest of society? These are not easy questions to grapple with and I do not feel equipped to address them, but I felt I would put them out there for individuals to contemplate on their own.

There are a couple passages worth sharing and considering.

SOCRATES: I only wish that ordinary people had an unlimited capacity for doing harm; then they might have an unlimited power for doing good; which would be a splendid thing, if it were so. Actually they have neither. They cannot make a man wise or stupid; they simply act at random.

(Last Days of Socrates: p. 81)

There are some interesting things to think about here. First, it seems that Socrates is asserting that a person’s ability to do good is equal to that person’s ability to do wrong, and vice versa. This is important, especially in our current world of social media where people tend to view others as either good or bad, depending upon how that persons actions or ideologies correlate with the person making the judgment call. In our drive to squeeze everything down to a Tweet or a meme, we’ve lost the ability to recognize the complexity and range of scope that every individual possesses.

The other thing that struck me about the previous quote is Socrates’ claim that ordinary people “simply act at random.” At first glance, this seems rather insulting, but upon further reflection, one begins to see the truth in the statement. The problem with many people in the world is that they react to situations without taking the time to adequately think through the ramifications of their actions. A wise person would pause, consider the situation, and come to a logical conclusion. Conversely, a stupid person would pause, consider the situation, and come to an illogical conclusion. Too many people do neither. They react without consideration, essentially acting at random, as Socrates would claim.

Later in the dialog, Socrates debates whether it is best to listen to public opinion or to defer to a single authority.

SOCRATES: In that case, my dear fellow, what we ought to consider is not so much what people in general will say about us but how we stand with the expert in right and wrong, the one authority, who represents the actual truth. So in the first place your proposition is not correct when you say that we should consider popular opinion in questions of what is right and honorable and good, or the opposite.

(ibid: p. 86)

Socrates builds on this to establish that the law is the one authority that represents truth and that the public opinion that he should break the law by fleeing prison is the wrong course of action. But this again leads back to my quandary, which is, at what point does public opinion outweigh the law and previously agreed-upon social contract? It is a really difficult question, and one worthy of analysis via Socratic Method. But that is beyond the scope of this post, so I will leave you with the questions to ponder.

This dialog is very short (a mere 16 pages), but evokes a lot of questions relevant to our society today. I encourage you to give it a read. I suspect you can find a digital copy online for free.

Thanks for stopping by and for reading and thinking.

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“The Invisible Man” by H. G. Wells: Belief in the Unseen

I figured I would start out the October spooky reading with the classic sci-fi tale from H.G. Wells. Not surprising, Wells weaves some thought-provoking social commentary into his story. While I discovered a lot of philosophical ideas within the text, the one that really stood out for me was the question of whether things unseen (such as God and the spirit) can exist.

My sense is that during the time Wells was writing, the dominant scientific belief was that if something truly existed in the universe, then it could be scientifically observed and studied. There was skepticism that unseen phenomena, such as God, could exist.

After the first gusty panic had spent itself Iping became argumentative. Scepticism suddenly reared its head—rather nervous scepticism, not at all assured of its back, but scepticism nevertheless. It was so much easier not to believe in an invisible man; and those who had actually seen him dissolve into thin air, or felt the strength of his arm, could be counted on the fingers of two hands.

(H. G. Wells: Seven Novels; p. 197)

I addition to a skepticism of the existence of things unseen, there is also social stigma attached to those individuals who do perceive beings that are invisible (angels, demons, spirits, gods, etc.). These people are often considered delusional or mentally ill, and that the unseen entities with which they are conversing are just creations of a diseased mind.

This stranger, to the perceptions of the proprietor of the cocoanut shy, appeared to be talking to himself, and Mr. Huxter remarked the same thing. He stopped at the foot of the Coach and Horses steps, and, according to Mr. Huxter, appeared to undergo a severe internal struggle before he could induce himself to enter the house.

(p. 198)

After Kemp, who symbolizes the scientific thinker, encounters the invisible man, he begins to ponder the existence of invisible entities. Essentially, he is contemplating whether the existence of God is a possibility.

“Invisible!” he said.

“Is there such a thing as an invisible animal? In the sea, yes. Thousands! millions. All the larvae, all the little nauplii and tornarias, all the microscopic things, the jelly-fish. In the sea there are more things invisible than visible! I never thought of that before. And in the ponds too! All those little pond-life things—specks of colourless translucent jelly! But in the air? No!

“It can’t be.

“But after all—why not?

(p. 223)

Another interesting point about this passage is that Kemp claims that the sea has more things invisible than visible. The sea is a common metaphor for the subconscious mind. Psychologically speaking, there is so much happening in the mind that is beyond the grasp of our ordinary consciousness. Science has not even scratched the surface of the deeper realms of consciousness. There is much there that is still invisible to us.

For me, the most powerful passage in the entire text is when the invisible man reveals to Kemp his plans for establishing a “Reign of Terror.”

“Not wanton killing, but a judicious slaying. The point is they know there is an Invisible Man—as well as we know there is an Invisible Man. And that Invisible Man, Kemp, must now establish a Reign of Terror. Yes—no doubt it’s startling. But I mean it. A Reign of Terror. He must take some town like your Burdock and terrify and dominate it. He must issue his orders. He can do that in a thousand ways—scraps of paper thrust under doors would suffice. And all who disobey his orders he must kill, and kill all who would defend the disobedient.”

(p. 251)

Here Wells is making a dual criticism. On one level, the passage expresses his views on the concept of a vengeful God, one that hands down orders “on scraps of paper” (symbolizing scriptures) and then doles out severe punishment to the people who fail to heed the word of God. Additionally, Wells is criticizing the concept of divine rule as embodied in an absolute monarchy. These rulers live in palaces, unseen by the common folk, and hand down laws (more scraps of paper) and decree punishment upon those villagers who fail to obey the laws.

What makes this book such a masterpiece is that it is a great story, and it also has deeper meaning if you look beneath the surface. As always, feel free to share your thoughts in the comments section. Have a great day, and keep reading cool stuff.

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“Measure for Measure” by William Shakespeare – #MeToo

I had not read this play since college, and it bothered me back then. But reading it now, in light of the whole #MeToo movement, it was even more infuriating.

This play is a “comedy,” not because it is funny, but because it ends with marriage (as opposed to a tragedy, which ends in death). It is definitely considered one of Shakespeare’s problem plays, along with Merchant of Venice. It is a play that explores questions of justice, law, punishment, and mercy. But what is most problematic for me is the depiction of how women are sexually exploited by men in positions of power and authority.

Basically, what happens in the play is that the Duke of Vienna places all authority to enforce laws upon his Deputy, Angelo. Angelo is strict and supposedly steadfast, and the Duke claims he wants to test Angelo’s resolve. Angelo begins enforcing a long-ignored law sentencing people to death for having sex out of wedlock. His first example is Claudio, who has a virgin sister named Isabella. Isabella goes before Angelo to plead for her brother’s life, and Angelo basically tells her he will only spare her brother if she agrees to have sex with him.

And now I give my sensual race the rein:
Fit thy consent to my sharp appetite;
Lay by all nicety and prolixious blushes,
That banish what they sue for; redeem thy brother
By yielding up thy body to my will;
Or else he must not only die the death,
But thy unkindness shall his death draw out
To lingering sufferance. Answer me to-morrow,
Or, by the affection that now guides me most,
I’ll prove a tyrant to him. As for you,
Say what you can, my false o’erweighs your true.

(Act II, scene iv)

I won’t spoil the details of how everything plays itself out, but suffice to say that Isabella manages to save her brother and her virginity, with the aid of the disguised Duke. But that sets us up for what, in my opinion, is the most offensive part of this play—the very end.

Long story short, the Duke pardons people, measures out justice that seems to be tempered with mercy, and thereby reinstates order out of the chaos. But it is the Duke’s “pardoning” of Claudio that is the major issue.

If he be like your brother, for his sake
Is he pardon’d; and, for your lovely sake,
Give me your hand and say you will be mine.
He is my brother too: but fitter time for that.

(Act V, scene i)

Basically, the Duke is doing the same thing Angelo was doing, pardoning Claudio on the condition that Isabella giver herself to him. And while, yes, the implication here is that the Duke intends to marry her, it’s still not OK. He is still using his authority to get what he wants, taking advantage of a young woman, and even worse, not applying the scales of justice evenly to himself as to others (namely Angelo).

I don’t claim to know Shakespeare’s intent when he wrote this play. Maybe he was making a critique against the patriarchal hierarchy, or maybe he was claiming it is OK to take advantage of a woman as long as you are “responsible” and marry her. But the fact is, in the 21st century, this attitude towards women is offensive, to say the least.

In spite of the gender issues in this play, it is still worth reading for the exploration of law, justice, punishment, and mercy. As always, feel free to share your thoughts on the play. Thanks for stopping by, and keep reading challenging stuff.

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Appealing to the Masses

Great Orator, 1944 by Irving Norman

Great Orator, 1944 by Irving Norman

As we near the end of what may be the longest and most contentious election in US history, I have been thinking a lot about something I read in my college English Composition textbook (which I still have after all these years). It was in a section explaining how rhetoric is used to appeal to a crowd of people, and the importance of using key words that tap into the fears and prejudices of the audience. Anyway, here is the quote:

The streets of our country are in turmoil. The universities are filled with students rebelling and rioting. Communists are seeking to destroy our country. Russia is threatening us with her might, and the public is in danger. Yes, danger from within and without. We need law and order. Yes, without law and order our nation cannot survive. Elect us, and we shall by law and order be respected among the nations of the world. Without law and order our republic shall fall.

(Excerpt from speech by Adolf Hitler: Strategies for Successful Writing)

Fear seems to be the driving motivator in this election, and regardless of a person’s political inclination, fear and insecurity are the primary impetuses in candidate selection. People supporting Trump are afraid that they are losing their jobs, that they are not being heard and represented, and that the country is heading in a direction that contradicts their beliefs. On the flip side, people supporting Clinton fear increasing racism and intolerance, increased influence of corporate interests, and loss of women’s rights. Add to that the fact that everyone, regardless of political affiliation, is concerned about terrorist threats and political instability in other countries. Put all this together, and you have an election based upon fear, which is stoked by a media that seeks to capitalize on this widespread sentiment.

I am not going to tell you who to vote for, because it is your choice and you have the right to vote your conscience. I would encourage everyone, though, to take a step back, take a deep breath, and try to make a decision that is less fear based. It is tough—trust me, I know—but it is important.

Thanks for stopping by, and keep reading and thinking.

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US Constitution: Article II, Section 2, Clause 2 – Regarding Appointment of Supreme Court Justices

Constitution

Almost immediately after the passing of US Supreme Court Justice Antonin Scalia, Republican senators vowed to block any appointment by President Obama to fill the seat, stating that the “American people should have a voice in the selection of their next Supreme Court Justice” (source: Huffington Post). To this, my brother who holds a Master’s Degree in History asserted that Republicans “quote the Constitution verbatim when it comes to ‘The right to bear arms’ but they ignore it when it comes to the President’s obligation to appoint Supreme Court justices.” I decided to read the part of the Constitution concerning appointment of Supreme Court Justices, since I had not read it since college.

[The President] shall have power, by and with the advice and consent of the Senate, to make treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law: but the Congress may by law vest the appointment of such inferior officers, as they think proper, in the President alone, in the courts of law, or in the heads of departments.

(Source: Cornell University Law Dept.)

The Constitution is very clear here. Nowhere does it state that the American people should select Supreme Court Justices; it is solely the President’s responsibility, and it is the responsibility of the Senate to provide “advice and consent.” Rather than obstructing the nomination, the Senate should expedite and assist in the process. This is what the Constitution demands.

I find it troubling that the US Constitution is being used in the same manner the Bible is often used—to be cited when it justifies what a group or individual believes in, but ignored when it contradicts those beliefs or opinions. The Constitution is the defining document that dictates how our government should operate and how our laws should be interpreted. If we begin to disregard sections for the sake of partisan politics, then we start down a very dangerous and slippery slope.

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Analysis of “The Island of Doctor Moreau” by H. G. Wells

DoctorMoreau

So I confess that this book was not what I expected. I decided to read the book because I thought it would be a cool sci-fi/horror tale for October. What I discovered is an amazing story that explores human consciousness, evolution and animal instincts in humans, social structure, morality and mores, religion, psychology, and the development of mythology. In fact, upon finishing this book, I have come to the conclusion that the name Moreau is symbolic of mores and morality, as we will see later in this post.

Before I begin looking closely at some of the key passages, I figured I’d give a very brief summary of the plot. It is the tale of Edward Prendick, who finds himself on an island where Doctor Moreau is conducting experiments, using surgery and vivisection to speed up the evolutionary process, essentially modifying animals so that they become more human and teaching them how to behave as humans. As you can imagine, this does not end well. But that’s all I’ll say—no spoilers!

The beast-men on the island are trained to repeat the Law, which is a code of ethics and morals bestowed upon them by Moreau. When Prendick encounters the beast-men, one of them who is tasked with repeating the Law points out that the animal instinct is within all, and that it is adherence to the Law that prevents them from slipping back into animalistic behavior.

“For every one the want is bad,” said the grey Sayer of the Law. “What you will want we do not know; we shall know. Some want to follow things that move, to watch and slink and wait and spring; to kill and bite, bite deep and rich, sucking the blood. It is bad. ‘Not to chase other Men; that is the Law. Are we not Men? Not to eat flesh or fish; that is the Law. Are we not Men?’’”

(p. 83)

When Moreau explains his work to Prendick, he asserts that the physical transformation is the easy part; it is the mental transformation that is difficult. The reason being is that the psyche maintains aspects of the primal consciousness, and this part of the psyche always seeks to reestablish dominance.

“… But it is in the subtle grafting and reshaping one must needs to do to the brain that my trouble lies. The intelligence is often oddly low, with unaccountable blank ends, unexpected gaps. And least satisfactory of all is something that I cannot touch, somewhere—I cannot determine where—in the seat of the emotions. Cravings, instincts, desires that harm humanity, a strange hidden reservoir to burst forth suddenly and inundate the whole being of the creature with anger, hate, or fear. These creatures of mine seemed strange and uncanny to you so soon as you began to observe them; but to me, just after I make them, they seem to be indisputably human beings. It’s afterwards, as I observe them, that the persuasion fades. First one animal trait, then another, creeps to the surface and stares out at me. But I will conquer yet! Each time I dip a living creature into the bath of burning pain, I say, ‘This time I will burn out all the animal; this time I will make a rational creature of my own!’ After all, what is ten years? Men have been a hundred thousand in the making.” He thought darkly. “But I am drawing near the fastness. This puma of mine—” After a silence, “And they revert. As soon as my hand is taken from them the beast begins to creep back, begins to assert itself again.”

(pp. 107 – 108)

After Moreau is killed, there is a poignant moment of existential crisis for the beast-people as they begin to question what will become of them and whether the laws of morality are still applicable. Prendick responds by saying that Moreau is not really dead, but has ascended to heaven and now watches over them.

I had been standing behind him during this colloquy. I began to see how things lay with them. I suddenly stepped in front of Montgomery and lifted up my voice:—“Children of the Law,” I said, “he is not dead!” M’ling turned his sharp eyes on me. “He has changed his shape; he has changed his body,” I went on. “For a time you will not see him. He is—there,” I pointed upward, “where he can watch you. You cannot see him, but he can see you. Fear the Law!”

(pp. 145 – 146)

Essentially, Wells is asserting that religion is a falsehood, designed to instill fear in people and force them to deny their animal tendencies and embrace a coerced morality. Fear is a powerful motivator, and the fear of some unseen being watching your every move, ready to inflict suffering if you disobey, has effectively guided the behavior of individuals for thousands of years.

When Prendick returns to civilization, he is haunted by the realization that society is fragile, that the fabric is so thin and frayed, it is just a matter of time before we slip back into our animal selves. Our primal nature will inevitably regain control of our psyches. There is a long passage near the end that expresses this and it is so exquisitely written that it is worth including here at the end of the post.

My trouble took the strangest form. I could not persuade myself that the men and women I met were not also another Beast People, animals half wrought into the outward image of human souls, and that they would presently begin to revert,—to show first this bestial mark and then that. But I have confided my case to a strangely able man,—a man who had known Moreau, and seemed half to credit my story; a mental specialist,—and he has helped me mightily, though I do not expect that the terror of that island will ever altogether leave me. At most times it lies far in the back of my mind, a mere distant cloud, a memory, and a faint distrust; but there are times when the little cloud spreads until it obscures the whole sky. Then I look about me at my fellow-men; and I go in fear. I see faces, keen and bright; others dull or dangerous; others, unsteady, insincere,—none that have the calm authority of a reasonable soul. I feel as though the animal was surging up through them; that presently the degradation of the Islanders will be played over again on a larger scale. I know this is an illusion; that these seeming men and women about me are indeed men and women,—men and women for ever, perfectly reasonable creatures, full of human desires and tender solicitude, emancipated from instinct and the slaves of no fantastic Law,—beings altogether different from the Beast Folk. Yet I shrink from them, from their curious glances, their inquiries and assistance, and long to be away from them and alone. For that reason I live near the broad free downland, and can escape thither when this shadow is over my soul; and very sweet is the empty downland then, under the wind-swept sky.

When I lived in London the horror was well-nigh insupportable. I could not get away from men: their voices came through windows; locked doors were flimsy safeguards. I would go out into the streets to fight with my delusion, and prowling women would mew after me; furtive, craving men glance jealously at me; weary, pale workers go coughing by me with tired eyes and eager paces, like wounded deer dripping blood; old people, bent and dull, pass murmuring to themselves; and, all unheeding, a ragged tail of gibing children. Then I would turn aside into some chapel,—and even there, such was my disturbance, it seemed that the preacher gibbered “Big Thinks,” even as the Ape-man had done; or into some library, and there the intent faces over the books seemed but patient creatures waiting for prey. Particularly nauseous were the blank, expressionless faces of people in trains and omnibuses; they seemed no more my fellow-creatures than dead bodies would be, so that I did not dare to travel unless I was assured of being alone. And even it seemed that I too was not a reasonable creature, but only an animal tormented with some strange disorder in its brain which sent it to wander alone, like a sheep stricken with gid.

(pp. 183 – 184)

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