Socrates and Civil Disobedience in Plato’s the Apology and Crito

Introduction
It appears that the positions taken by Socrates in the Apology and Crito presents two contradictions. This has left many Socratic scholars wondering as to why the philosopher would have chosen to take such apparently opposing positions. Some have even found it necessary to suggest that Socrates supported civil disobedience. What follows is an attempt at analyzing  that situation.

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Why the seeming contradiction and the salient differences?
The reality, however, is that the context of ancient Athens does not support an interpretation attributing support for civil disobedience in any of the two apparently contradictory positions(Marchevsky,2004). In Crito, Socrates underscores the fact that his agreement was with Athenian laws and neither with the government nor the court. One can advance the same argument in respect to the Apology to contend that Socrates had kept his agreement with Athenian laws while the Thirty Tyrants had not. The process that brought the Thirty Tyrants to power might have been sufficiently legal and legitimate before they turned to being arbitrariness in their administration. This would have removed any taint of legitimacy that they might still have held. It is also fair to reject any interpretation that would suggest that Socrates could have believed that he was disobeying any law simply because he failed refused to bring a man for summary execution by the people who had not legitimacy as the Thirty Tyrants. Rather, Socrates was simply sending the message those arbitrary orders must be disobeyed as a way of keeping true to the laws.
In addition, Socrates’ willing acceptance of death in Crito was also an exemplification of his commitment to Athenian law. Athenian law did not authorize the court to penalize a person it was acquitting (Marchevsky, 2004). The court only had the power to find him guilty or innocent and subsequently impose a penalty prescribed by the accuser or an alternative one chosen by Socrates. Imposing a condition that Socrates stop practicing Philosophy upon acquittal was therefore an act lacking legitimacy on the part of the court. Thus, it is very uncharacteristic of Socrates to have accepted such a condition given his commitment to obedience of laws which he fervently preached.

Problems of successful justification of civil disobedience
Although very difficult to successfully justify, an acceptance of civil disobedience presents a number of problems. Socrates himself mentioned some of them. For instant, he noted that a situation where citizens disobey laws would lead to the destruction of the rule of law (Ponzani, 2011). It is a requirement of the principle of the rule of law that citizens resort to the available legal channels to solve their problems. Civil disobedience is directly against this important requirement as it advocates for the intentional violation of some laws. The breakdown of the rule of law eventually leads to the disintegration of the given society. It would be impossible to imagine a society in the form of modern states without a system of rules to which every member of that society subscribes. Philosophical justifications of the origin of laws emphasize the role of laws in achieving social integration (Ponzani, 2011). For instance, the social contract theory advanced by philosophers such as Hobbes detail how laws were central in eliminating the state of nature. Lastly, the anarchy that stems from social disintegration is a sure recipe for tyranny. Tyrants thrive in a state of lawlessness and civil disobedience would even facilitate the incentive for tyrannical rule since rulers would not have to reference their actions to any rule. It is for these reasons that Socrates is troubled by the problems of civil disobedience.

Making sense of the seeming inconsistency
From what has already been discussed, the seeming contradiction between Socrates in Crito and Socrates in the Apology can only be construed as an erroneous interpretation of the two dialogues (Marchevsky, 2004). Scholars who see Socrates as supporting civil disobedience in one and obedience to laws in the other must be seen as taking a wrong position in either of the accounts. The various scholars taking the position that Socrates might have supported civil disobedience retain the burden of proving why they choose one of the dialogues of the other. It is a burden that is yet to be discharged given that there is as of yet no convincing explanation offered for this choice. Besides, neither the Apology not Crito attempts to create any hierarchy which between the two should supersede the other in establishing the position of Socrates on duty towards the law.

Damaging or solvable tension?
Following from the foregoing discussion, it would be safe to conclude that the apparent tension between the two dialogues is not fatal to Socrates well known commitment to the rule of law. Some of the attempts to resolve the tension have largely been unsuccessful due to their failure to move beyond the common interpretations of the two dialogues (Marchevsky, 2004).  For example, there are scholars who have only moved from this common approach to the extent that they want to fulfill their political agenda of making Socrates as the founder of civil disobedience. It would only require a holistic analysis of the relevant texts to see the contradiction disappear.




References
Marchevsky, M. (2004).Socrates Misinterpreted and Misapplied: An Analysis of the Constructed             Contradiction between the Apology and Crito.Macalester Journal of Philosophy, 13(1)     (online).

Ponzani,D.M. (2011). Defiance, Pursuasion or Conformity? The Argument in Plato’s Apology      and Crito.Peitho/Examina Antiqua, 1(2), 111-121.
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