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*Denotes 2005 Essasy

An Educational Theory

JURISPRUDENCE

Syllabus--2004

*Syllabus--2005

Introduction I

Introduction II

*US v. Holmes

Speluncean I

Speluncean II

*Further Speluncean

*Republic Outline I

*Rep. Outline II

*Rep. Outline III

*Rep. Outline IV

*Rep. Outline V

*Rep. Outline VI

*Rep. Outline VII

*Rep. Outline VIII

*Rep. Outline IX

*Rep. Outline X

*Rep. Outline XI

*Rep. Outline XII

*Rep. Outline XIII

*Rep. Outline XIV

*Rep. Outline XV

*Rep. Outline XVI

*Rep. Outline XVII

*Rep. Outline XVIII

*Rep. Outline XIX

*Rep. Outline XX

Plato I

Plato II

Plato III

Plato IV

Plato V--The LAWS

Plato VI--Critique

"Under God"

*Aquinas I

*Aquinas II

*Aquinas III

*Aquinas IV

*Aquinas V

Thomas Aquinas

*Blackstone

Aquinas/Blackstone

*Bentham (05)

*Bentham III (05)

*Bentham IV (05)

*Bentham V (05)

*Bentham VI (05)

*Bentham VII (05)

*Bentham VIII (05)

*Be. Worksheet

Jeremy Bentham I

Jeremy Bentham II

Jeremy Bentham III

Internet Research

*14th A Wksht I

*14th A Wksht II

The Field Code

Field Code II

Ten Commandments

C.C. Langdell

*Langdell I

*Langdell II

*OW Holmes I

*OW Holmes II

*Holmes Wksht

*Holmes Wksht II

*Pound I

*Pound II

*Pound and L. R.

Legal Realism I

Legal Realism II

Legal Realism III

Legal Realism IV

*Stages of Amer. Jur

*Stages II

Legal Process I

Legal Process II

*Brown v. Board

*Brown v. Board II

*Griswold v. CT

*Griswold II

*Griswold III

*Roe v. Wade I

*Roe v. Wade II

*Roe v. Wade III

John Finnis

Hans Kelsen I

Hans Kelsen II

Fuller/Dworkin/Rawls

Law and Economics

*L & E 2005

*Critical Legal Studies

*CLS II

*Contemp. People

*Contemporary II

Critical Studies I

Critical Studies II

Critical Studies III

 

 

 

 

 

September 16--Plato II

Professor William R. Long

Review of September 14. After leaving the Case of the Speluncean Explorers we turned to explore the earliest treatment in Western literature of the nature of justice. I said, therefore, that our reading of the Republic fits in under the second definition of jurisprudence: the philosophy of law (justice) and the basic principles behind what law seeks to accomplish. More specifically in the case of Plato, the Republic is an extended consideration of the definition and role of justice in the polis. Instead of connecting justice to the issuance and observance of positive (enacted) laws, however, Plato will connect it with a sense of harmony both inner and outer--that is, a congruence among the various parts of our nature (rational, spirited, appetitive) and the various "classes" of society (rulers, auxiliaries, craftspeople).

You should be able to say something about the following topics: Plato's biography (428-348 B.C.) and the relationship of some personal experiences he had to his choice to write; Influences on Plato, including Socrates, some philosophical schools (especially the Pythagoreans) and the growth of rhetoric/sophism; The Dialogue Style (I stressed that Book I of the Republic reflects the style of elenchus, or the "Socratic method," where questions are raised and answers given as the interlocutors approach truth, while Books II-X show a different style, the formal style of dialogue but the reality of monologue); The Flow of Book I, where we considered the definitions of justice of Cephalus (paying your debts); Polemarchus (doing good to friends and harm to enemies) and Thrasymachus (the advantage of the stronger). Especially important for the last was the passage from 343b-e which I read in class, which presents a powerful case against the idea that justice is an eternal, immutable and imitable principle.

Leading Points for September 16. I want to begin again where we left off--with Thrasymachus' definition of justice as the advantage of the stronger. Socrates tries to refute that in five arguments at the end of Book I by using analogies from the crafts, to the effect that the craftsperson works for the advantage of the client and not the self, to try to show that justice seeks the good of the one served rather than the advantage of the stronger. But no one seems impressed by the arguments (even though Thrasymachus is offended), and in Book II the argument is taken up again. The purpose of class is to see how the characters move from a reconsideration of Thrasymachus' argument to Socrates' attempts at mental construction of the kallipolis. In that connection you should be prepared to discuss the following topics:

I. Taking up the Argument again--358b. Here Glaucon and Adeimantus want to know "what justice and injustice are and what power each itself has when it's by itself in the soul." The threefold task will be to: (1) state what kind of thing people consider justice to be; (2) show that people who practice justice do so unwillingly; and (3) show that people have good reason for doing so. There follows some of the most memorable prose and stories of the Republic, including the story of the ring of Gyges (359d) and the description of the fully just and unjust person (360e-362). Care should be taken with these passages because they present the major point Socrates needs to confute: that the life of injustice is far superior to that of justice, and that people only pursue the latter because they are too weak to do the other.

II. Moving from the Individual to the City--368d. Socrates realizes the scope of his task and the others beg Socrates not to abandon the argument. They would help in any way they could to "track down what justice and injustice are." So, rather than giving his own definition of justice, Socrates will adopt the method of investigation of those "lacking keen eyesight," that is, to draw in large letters what they cannot see in small ones. Then, perhaps they can see what justice is. So, this will be the transitional point to begin Socrates' building of a city. He constructs a polis in his mind (the kallipolis) in order to find justice. We won't get to the definition of justice he proposes until Book IV; in the meantime we will patiently follow along as he begins to describe the city. Of course, one of the reasons for the extended treatment of education in the city and the different classes of people (rulers, auxiliaries and craftspeople) is to slip in Plato's educational philosophy along with a jurisprudential theory (Later, in Books VIII and IX Plato will present his political philosophy; Book VII focuses on his epistemology. Thus we have a veritable cornucopia of Plato's thought in the Republic).

III. Building the City. The central focus of Books II and III is: (a) the construction of the city (369-375a)-- note the difference between the simple and the feverish city; (b) the characteristics needed in a guardian (375a-376d) and (c) the education of the guardians (376d-417b). This last section is very extensive, and can be further broken up into: (1) Education in "music and poetry," which includes the stories people are taught. This section then explores the stories that people must be taught about the gods (377c-386a), the stories about heroes (386a-392), the style most appropriate for these stories (392c-397) [this discussion, along with the modes of storytelling in 397-400e is pretty obscure for our interests, but it shows the extent to which Plato is committed to the notion of proper content in proper form], and (2) Education in physical training, beginning in 403c. Note the language of harmony and balance and moderation and simplicity that is given throughout. The goal of the educational system is to produce someone who is "rightly nurtured," which means the production of both moderation and courage (411a). He then, near the end of Book III, divides the guardian class into two: the guardians and auxiliaries (414b).

IV. Other Themes. I think you should notice some of the following: (1) his treatment of homosexuality (403); (2) his references to law and lawyers (405b-c, 409); (3) his mention of the concept of the noble falsehood, which is legitimate to tell (382c-d, 389b, 414d-415); and (4) the living arrangements for the rulers (416d-417b). These sections of the Republic are among the most colorful in the book. Remember, however, their function. They are preliminary to Plato's giving his own definition of justice in Book IV. We know by the end of Book III, however, that justice has a great deal to do with harmony in the soul and with education. Thus, so far, it is an "individual" rather than a social concept.



Copyright © 2004-2007 William R. Long