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§ 3.3 Justices of soul and justice of the policy in "State" and Platon's "Laws"

Dialogue «G osudarstvo» closes many themes occupying

Platon's predecessors. Whether fairly to neglect laws and to follow nature commands when nobody sees, what considered comprehensible (on accepted by us above M.Gagarin's reconstruction) the Antifont? No, it is not fair: finding in «G osudarstve» shepherd G attracts with a ring-invisible being yoke regicide (Resp.

359d-360b). Or, probably, the root of all nespravedlivostej - self-interest, enrichment at the expense of another how it is read in solonovskom "Blagozakonii", and justice consists in that «to give to everyone due» (332а)? And Platon sweeps aside such opinion as insolvent: the person fair causes to nobody harms, even to enemies (335e). For Frasimaha, in "State" defending monopoly strong on "justice", it the empty term: «there is an eternal struggle between strong and weak...„ Wolves eat sheep ", and those are protected, if can. Any of the parties has no" the rights "» [391]. Old Kefal, the advocate of common sense, also does not dare to object Socrat at all. From this, however, does not follow, that Platon considers all offered Socrat by interlocutors of the version as errors: the philosopher, more likely, their incompleteness does not arrange. Stated - on a being, particulars and, so, philosophers to Platon spoke about particulars or even were mistaken, as Frasimah. Moreover, in "State" refusal of approaches sokraticheskogo dialogue is traced. Kn. 1 sometimes consider separate and close in style and substantial relations to sokraticheskim to dialogues произведением1. Socrat in kn. 1 still «knows, that knows nothing» and opens to interlocutors apofaticheski, discrediting their conclusions and when it should prove advantage of justice and zakonoposlushnosti, addresses to taken thanking these qualities to personal benefit (346e sqq.) . Such approach subverts Glavkon. In the beginning kn. 2 it not without malice asks: «Socrat, whether it is desirable for you that only it seemed as if you have overpersuaded us or that we were originally convinced what the person fair in any case to be better, than unfair?» (357b, lane A.N.Egunova). Thus, the former way of the argument has appeared unsatisfactory. In "State" Platon leaves sokratovu didactics - manual of interlocutors on a virtue way

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Through familiarising with philosophy. Henceforth its hero convinces, showing

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The functional superiority of the ideal state. More low (357b-d) Glavkon demands from Socrat to define, justice concerns what kind of the blessings. The first tsenny in itself, the second - because of given advantages, the third - for those and other reasons at once. Socrat who, according to the logic of things, should carry justice to the second category, unexpectedly carries it to the third. At last, Glavkon and other brother Platon, Adimant, result some telling arguments in favour of that is not worse at all for own well-being only to seem fair, but not to be that. [392 [393] [394]

The further maintenance of "State" is defined by that it is not enough to Platon to prove visible advantage of justice. It sets to discussion new height, appearing the first Greek thinker whom justice in itself interests, taken is isolated from its visible displays and created benefits.

This interest introduction in "State" of the new term for a justice designation is subordinated also: it is a question not about dike, but about noticed by us in connection with orfizmom dikaiosyne - justice, assotsiiruemoj with personal virtue.

So, feature of discussion by Platon of a justice problematics is its carrying over to area of personal virtue and, at times, even rather thin psychology. It is necessary to clear a question: whether reasonings on the justice, presented in "State", to a subject field of legal philosophy and political philosophy belong? On the affirmed belief, "State" - «the dialogue containing the majority of the most significant ideas of Platon in political philosophy» 1. Critics notice, that an image of the fair state fantasmagorichen. In a composition of dialogue it an evident illustration to a theme which discussion "State" it is opened and it is closed: that there is a justice in «the separate person» (369a). Platon considers, that components of soul [395 [396] are conformable to components of the policy and between them the analogy is admissible. The most appreciable representative of the "anti-political" point of view insisting on strictly ethical approach of Platon to justice as personal virtue, Z.Anna [397] is. However even having taken into consideration argumentativnuju strategy of the author of "State", all of us believe, that the conservative point of view is closer to true. First, the Greek name of dialogue - «Politeia» [398 [399] - was known already to Aristotle (Pol. 1161a5), that confirms circulation among Platon's pupils of political treatment of dialogue. Secondly, Platon speaks about political mission of "State" in "Timee" (17с). Thirdly, true we consider B.Williams's reasons, in special article showing absence of accurate logic communication between images of justice of soul and the state. Williams takes for a starting point two moments in "State", namely the following: « The fair person will not differ at all from the fair state on the idea of the justice »(435b);« At each of us there are just same kinds of moral properties, as in the state Would be ridiculous to think, that such property as fury of spirit, has developed not because that separate persons - carriers of this reason »(435e) are that there. Further, a necessary condition of justice of soul is performance by all its parts of the functions. Management should belong to reason (442d). However from three represented in« G osudarstve »estates only in souls of representatives of one - philosophers-governors - the reason predominates. Soldiers and demiurges are not that (in the first fury, in the second - thirst) dominates. Hence, their souls are unfair. Thus, in the fair state the minority жителей2 is fair only. This example, as well as some other examples"rassinhronizatsii"justice as virtues of the person and институтов3, testify to Platon's doubtless interest to

To representation of the politiko-legal problematics which have been not limited

Illustrative problems to ethics.

Platon's ideal state possesses four qualities - virtues (as well as a human soul): it is wise, courageous, judicious and fair (427e). Having defined, that wisdom in the state belongs to guards (they philosophers), for courage "answer" soldiers, and the judiciousness (sophrosyne - it and modesty, prudence, self-discipline) «is similar to a certain harmony» 1 and is not fixed to any separate class, but communicates at once with everything, Platon by process of elimination decides, that justice - everything, that remains. Short expression of this "rest" is the principle: «to be engaged in to everyone the business» (433d). At first sight simple and even primitive, the formula proves the utility at once in several spheres - in the politician, in the jural sphere, in a daily life.

Justice in political sphere is expressed by division

Duties in the state and severe, resolutely incompatible with the Athenian customs, a regulation of a public and private life. For example, as the institutes promoting the personal blessing to the detriment of general, are excluded a family and (at soldiers) a private property. This project is obliged by the origin to two factors. The first is connected with platonovskoj epistemologiej, and, first of all, with its construction round idea of the blessing in comparison with which all human opinions are insignificant, traditions and customs - from here and ignoring by Platon polisnyh foundations (to this question we will return more low). The second moment is read in

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Platon's stated in VII. the intellectual autobiography «When I [400 [401] was still young, - the philosopher writes, - I have tested the same, that many usually worry: I thought, as soon as will become the independent person, immediately to take part in state affairs». Intentions have sufficed for a short while: has burst the revolution which has established bloody tyranny Thirty, and then there was the restoration of democracy as a whole moderated, but taken life Socrat. « Eventually concerning all states existing now I have decided, that they cope badly, after all the condition of their legislation almost that is incurable Thus, the mankind will not get rid of harm until true and correctly conceiving philosophers will not occupy the state posts or masters by any divine definition there are no original philosophers »VII. 324с-326Ь, lanes S.P.Kondratyev. Compare: Resp. 474b). These factors (it is possible, seasoned with Spartan foundations) were embodied in the freakish project of"State". Platonovsky justice is good in the sense that it resists to an order obviously unfair when interests of private persons and their associations dominate over interests of the general - the policy.

About justice in "legal" sphere it is told so: «And at proceeding unless their efforts will be directed more on something other, instead of on that nobody grasped the stranger and did not lose the? means, and on this example it is possible to be convinced, that justice consists in that everyone had the and executed too the» (433e). We will notice, it is a question not of observance of due procedure, but about the decision has put in essence. Legal proceedings and procedural justice concerned a narrow circle of persons. Platon always argues on a society taken tselokupno; infringement of interests of one of citizens should break justice as that.

At last, in "State" it is established, that the justice invented by Platon taken in a context of a daily life, at all does not contradict common sense: «to be engaged in the business and not to interfere in another's are and there is a justice, about it we heard from many other things, and is frequent so spoke» (433a).

Coming back to a nominal subject «G osudarstva» - justice as the personal virtue considered without dependence from external benefit, it is necessary to tell, that the justice principle proves here again. The fair person "is self-controlled", his soul beginnings sojourn in harmony. In unfair there is "anxiety", «confusion and wandering of different parts of soul, unruliness and cowardice». Justice, thus, does not differ from the healthy beginning, and injustice - from pathogenic; disorder in a shower of the unfair person leads to that to it and «a life not during a life» (444a - 445a).

Let's define now position of laws in "State". Time of a writing of dialogue both in old, and in a new historiography it is considered to be Platon «denying the law power» [402]. At first sight, position of laws in ideal policy Kallipole is indeed modest. Laws on significant questions polisnoj lives - about market, city and port affairs, about claims and taxes are excluded, and is equal and about punishments for offers on political system change (425d-427). All these laws on weighty and, strictly speaking, soglasujushchejsja with ideas of sophists are not necessary to the reason: laws will not help badly brought up people, and well brought up will manage and without them (425 e). Participating in dialogue Frasimah, Glavkon and Adimant with the judgements about the law and justice as if would confirm a legislation inconsistency, flashing in it all new impartial parties. Laws serve that to interests strong (338e), that, on the contrary, are imposed by the weakest (358e) appear one of obektivatsy the changeable public opinion which maintenance depends on the efforts of the orator enclosed in public assembly (365d). One for another the points of view broken by Platon, all of them promote formation at the reader of dialogue of scepticism to laws. However the serial statement of sights has other problem. Each of three concepts, under K.Riva's true remark, in the philosophical relation is more well-founded; transition to everyone to the subsequent is similar to a way on which, according to the well-known allegory of a cave, the human knowledge - from supervision of shades to a sunlight истины1 can rise.

Despite critical digression to "theory" of the unusable legislation, a place to laws in "State" nevertheless is. It is reserved in kn. 4: laws are necessary in formation of children and teenagers (424e). An accurate regulation of education and education of citizens in Platon's "State" that hardly noticeable destiny that is ordinary allocated to it in the newest liberal political discourse assuming freedom in these questions [403 [404] is prepared not. « The Platonovsky analysis of the state, - underlines V.G.Grafsky, - concentrates mainly round a problem of governors, their functional role and specific trenirovannosti in the field of political knowledge »[405] - and, as well as followed the ancient Greek, Platon considered as a policy everything, that is connected with the policy - that is the religious, cultural, economic, administrative questions taken in the widest sense, which vision should be imparted already since the childhood [406]. It did not contradict also usual aristocratic etosu - the well-known category kalokagatii was an ideal not only aesthetic, but also civil [407 [408]. In turn, necessity of legitimised"pedagogics"is caused by features platonovskih gnoseology and philosophical psychology.

Let's explain the conditionality nature. A starting point - antropogonicheskoe the legend stated in dialogue "Timej" (41a sqq.) . After creation of space the demiurge has addressed to creation mortal and, having decided, that created by it, a perfect being, is necessary it will appear as absolutely (including it is immortal), has submitted the case gods, so to say, easier, and itself has concentrated on creation of human souls - so that and in people there was something divine (41c). Smother the demiurge has placed on stars and has set it proceeding from itself and, hence, eternal, valid and made «fate laws» (nomoi heimarmenoi), that is idea of the blessing. The instruction to live in the consent with dike (42b) became the main things from laws: in "Timee" justice definitions it is not given, but this dialogue is chronologically close to "State" and consequently definitely means the same concept - execution of the business. The award and punishment for observance or law-breaking are very great. Platon trusted in resettlement and immortality of souls and put the next form of transformation in dependence on behaviour in the previous life. After a fair life of a shower can return on the star, after impious - to be embodied not in the husband, and in an animal (ibid.). Any soul adjoins to less perfect body and a matter. Therefore the person sojourns in the world of sensations and passions which quite often are not supervised by the soul made, as a matter of fact, but, on the contrary, dominate over it (42a). In such position an assembly of souls heroes of dialogue "State" also find: «to learn, what shower actually, it is necessary to consider it not in a corruption condition, in which it sojourns because of dialogue with a body and different other harm, as we observe it now» (Resp. 611c). Platon (445d sqq.) Connects political with psychological - to bad political forms there correspond bad warehouses of souls. Reduction of souls in a condition corresponding to good political forms, means returning to primary, given by the demiurge, to knowledge of idea of the blessing as for Platon finding of the higher knowledge goes a hand about a hand with leaving from human unreasonableness, to the explanatory of that in "State" is served by allegory of a cave.

Gnoseological sense of this allegory well-known. Meanwhile, in complex researches on "State" only it is occasionally noticed [409], that in structure of dialogue it bears the important problem - returning of the conversation which have evaded to discussion of idea of the blessing, bespredposylochnogo the beginning and other metaphysical designs, in a channel of a policy. The held down people - those, that the perverted souls have shades observing only - do not understand, that there is an original justice and demand from risen on all platonovskoj hierarchy of the knowledge seeing the present justice and the philosopher who has gone down again in a cave to prove the correctness in court (517e) - there where one shade of justice is located. Platon does not explain, whether probably in integrity to inform the higher knowledge of justice to the majority, and only casually learns how to promote an arrangement to knowledge of people outstanding and to force them to learn remained in a cave. From a dialogue context follows, that achieve it special education and manual since small years (521b) - which as we saw, and it was necessary to regulate laws. On supervision of one of researchers, all platonovskaja an education system does without stimulus (fear and punishment), but adapts congenital properties of the person for various possible situations [410] - thereby providing obedience to laws «not for fear, and for conscience».

The legislation In a word, regulating only obrazovatelno-educational sphere is zamkovym a stone of the filosofsko-legal building built in "State". It is necessary to this stone to crack, and it will creep away on all "blocks" polisnogo devices. On the contrary, execution of laws on formation is capable to provide preservation in a form invariance полиса2 and existence of fair relations between fellow citizens - unlike Athenian "zakonoposlushnosti" where as a criterion the whimsical will of the people served, and laws were created on-adimantovski, according to "opinion", instead of eternal knowledge.

It is possible to find in "State" and other sendings to advantage of laws. In kn. 7 Platon underlines again, that «the law sets as the purpose... The blessing of all state», also specifies: the law spends a fair division of labour among governors, «it includes outstanding people in the state not to give possibility to evade where who wants» (519e-520a). Sometimes interlocutors in dialogue are represented not alien to legislative art (410a, 417b, 458d, etc.). And still in dialogue discussion of laws not too occupies the author and passes chaotically. Eventually from a work context not

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Clearly even, whether there is a speech about laws of hand-written or "informal" (unwritten). And Platon the "State" project appears, first of all, "sample" of the policy (592a); the problematics of laws receives steadfast attention in special dialogue - in "Laws".

The scepticism of researchers noted in introduction to dialogue "Laws" as to the composition which project not quite corresponds Platon's to expectations, is gradually overcome: so, for example, A.Laks in «the Cambridge history» gives to antique political thought a number of the arguments interfering an identification «the first on advantage» a city fluently mentioned in "Laws", with the "State" project. Even key reform - private property cancellation - in an ideal city of "Laws" extends on all citizens whereas in «G osudarstve» (543b) it is a question of soldiers, let alone that "detail", that the best city of "Laws" is occupied by one gods or them детьми1. Kallipol "states" and Magnesija "Laws" are not in a hierarchical parity where the management of philosophers is better than the power of laws, but lay on one vector of a political plan [411 [412] [413].

In dialogue "Laws" there is no reconsideration of idea of the justice, however the problem contours planned in "State" turn around here the new parties. One of the most interesting - platonovskoe the doctrine about punishment

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(penologija). The archaic principle of requital equal for the equal does not arrange Platon. Negation of this principle is defined by rather original treatment of one more politiko-legal concept - "equalities". The Same Antifont declared all people actually equal, but only at low physiological level. The Platonovsky idea was generated not without influence of the late Pythagoreans distinction of equalities "arithmetic" and "geometrical" 1 became which consequence. The philosopher blames a democratic system as equality in it «equalises equal and unequal» (Resp. 558с) - with reference to the punishment theory the "arithmetic" approach designates, that for equal offences it is necessary to appoint equal punishment without respect of persons. But the person fair as we spoke, is not similar to the unfair person: the first is self-controlled, the second is sick. Other basis to negation of a principle of requital equal for the equal occurs from stated still in "protagore" thoughts: « All doing the shameful and malicious do it involuntarily »(345e, lane Vl. Soloveva), in"laws"paraphrased (731c, 860e). Whether it is possible, proceeding from it, to punish the fair person for involuntary unfair act? And how to punish the inveterate villain for a crime which it as makes involuntarily? Questions dare in kn. 5 and 9"Laws".

The state is comparable with herd: the legislator, fair people and unfair are similar, accordingly, to the pastor, healthy and sick animals. It is better to shepherd to get rid of the last, differently weigh its work will be vain (Legg. 735b-c). To clear herd it is possible having cured sick animals or having removed them. And to the legislator should clear the policy of people of unfair themes or a different way. To calculate the person unfair it is simple: to estimate number and weight of the crimes made by it (Gorg enough. 479a - b, Legg. 735e) [414 [415]. Those who make "ispravimye" offences, quite ispravimy (731b). Ispravimye and incorrigible people are not equal, and to arrive with them follows not equally. Malicious criminals ruin themselves, becoming related with similar, arriving nasty and receiving the same in the answer (728b).

Here Platon will not rehabilitate a justice category dike in value "justice": a case of the incorrigible person he refuses to recognise dike, using other term - timoria ("punishment"). Feature of punishment - timoria is that it is made in interests of "victim" and is intended to satisfy its anger; in antiquity timoria distinguished from kolasis - punishments which was executed in interests of the criminal (Arist. Rhet. 1369b17. LSJ translates kolasis as «correction»). Dike in "Laws" «there is something fine» (728c), that is why not compatible to anger and vicious affairs of the person ruining. In what advantage of punishment-dike, Platon explains in kn. 9: « It does punished or the best, or less spoilt »(854d) [416]. Even the death sentence to the villain will satisfy to this condition: time to the criminal« a life not during a life »(Resp. 445a) the death (Legg is better. 854s). The priority of common interests proved in« G osudarstve »does not vanish also - execution of the villain« becomes a useful example »(855a). Thus, when the criminal we will correct (854b-c), punishment-dike appears is connected with an instigation and education of citizens - as well as dikaiosyne in"State".

That to a question of the power of laws in the city of Magnesii, that, abstaining from the image of all arch constituted by the Athenian with companions, we wish to note the following. Platon's relation to laws the double: on the one hand, without them people differ nothing from «the most wild animals» (875a); on the other hand, laws are not capable to provide all variety of human acts and are hardly probable compatible to existence of people possessing the higher knowledge, at least and small (875d). Besides, own discretion is not virtue of the legislator. It is better, if the established arch begins to imitate immortal tracings, there is no time created on the earth Kronosom (713a sqq.): for the explanatory of these establishments Platon resorts to false etymology, erecting a word nomos (law) to nou dianome («a reason establishment», 714a). In general in "Laws" necessity of submission of terrestrial board to reason is underlined not once (630b sqq., 688e, etc.) . Reason (nous) - one of key concepts of the Ancient Greek philosophy, most full developed at Aristotle; at Platon nous as the historian of philosophy S.Men specifies, it is absolutely identical to the demiurge from "Timeja" 1. Thus, a basis of the maintenance of the arch in "Laws" - the same, that a basis of board of philosophers in "State": the knowledge given by the demiurge, idea of the blessing. We cannot agree with the American researcher distinguishing Kallipol from Magnesii on the ground that in "State" by idea of the blessing the political system is created, and last forms not numerous laws, and in "Laws", on the contrary, the idea of the blessing directly forms laws which then will organise political system [417 [418]. Actually distinction is not so considerable. So, the way of translation of idea of the blessing in a human society in two imagined cities does not differ almost: In Kallipolle she is spent by philosophers-tsars, and in Magnesii - the same philosopher-tsar, but "broken up" to two figures - the philosopher-legislator and the young educated tyrant (710d). Besides, komponentoj any law Platon considers a preamble: « The legislator results an exhortative reasoning so that those to whom it gives laws, have favourably accepted its instructions (and it and is the law) and owing to this favour would become vospriimchivee »(723 a); thus, and the"educational"party of political philosophy in"Laws"does not disappear [419]. The principle politii as, thus, in"State"and in"Laws"is conformable to realisation of idea of the blessing. The example of the sum of ideas of board of philosophers and board of laws in one work gives VII Platon's letter where mudets describes courageous, but vain attempts to transform the tyrant in the philosopher and, at the same time, advises to correspondents to pay to drawing up of laws paramount attention VII. 337a). Platon did not put an equal-sign between lawful and fair, but considered laws in construction of the fair state by the big help.

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A source: CHalabi Bashir Fahedovich. Justice and laws In mifopoeticheskoj thought and philosophical views of the people of the Ancient world (Egypt, Babylonia, Greece). The dissertation on competition of a scientific degree of the master of laws. Moscow, 2014. 2014

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