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2 - Discovering Tort Law

Published online by Cambridge University Press:  05 June 2012

Joel Levin
Affiliation:
Case Western Reserve University, Ohio
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Summary

While awaiting execution, Socrates is visited in jail by his old friend Crito. Crito proposes an easy, and relatively painless, escape from unguarded Athens to a new city where Socrates can live safely in those preextradition times. Socrates famously protests this proposal on a number of grounds, both prudent – it would be humiliating, others would be tainted or penalized for participating, non-Athenian cities have cultures antithetical (slovenly) or inimical (militaristic) to his liking – and moral. The moral grounds are simple and extraordinary, prompting a prediction of future moral behavior rarely, if ever, made in Western culture or in its literature. Central to Socrates' reasoning is the absolute irrelevance of the misconduct of others in justifying a response of the aggrieved.

  1. Socrates: Then we ought never to act unjustly?

  2. Crito: Certainly not.

  3. Socrates: If we ought never to act unjustly at all, ought we to repay injustice with injustice, as the multitude thinks we may?

  4. Crito: Clearly not.

  5. Socrates: Well, then, Crito, ought we to do evil to anyone?

  6. Crito: Certainly I think not, Socrates.

  7. Socrates: And is it just to repay evil with evil, as the multitude thinks, or unjust?

  8. Crito: Certainly it is unjust.

  9. Socrates: For there is no difference, is there, between doing evil to a man and acting unjustly?

  10. Crito: True.

  11. […]

Type
Chapter
Information
Tort Wars , pp. 39 - 87
Publisher: Cambridge University Press
Print publication year: 2008

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  • Discovering Tort Law
  • Joel Levin, Case Western Reserve University, Ohio
  • Book: Tort Wars
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511840388.005
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  • Discovering Tort Law
  • Joel Levin, Case Western Reserve University, Ohio
  • Book: Tort Wars
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511840388.005
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Discovering Tort Law
  • Joel Levin, Case Western Reserve University, Ohio
  • Book: Tort Wars
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511840388.005
Available formats
×