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THE TRIAL 111 AND EXECUTION OF SOCRATES Sourcesa nd Controversies THOMAS C. BRICKHOUSE NICHOLAS D. SMITH New York Oxford OXFORD UNIVERSITY PRESS 2002 Oxford University Press Oxford New York Athens Auckland Bangkok Bogota Buenos Aires Cape Town Chennai Dar es Salaam Delhi Florence Hong Kong Istanbul Karachi Kolkata Kuala Lumpur Madrid Melbourne Mexico City Mumbai Nairobi Paris Sao Paulo Shanghai Singapore Taipei Tokyo Toronto Warsaw and associated companies in Berlin lbadan Copyright© 2002 by Oxford University Press, Inc. Published by Oxford University Press, Inc. 198 Madison Avenue, New York, New York, 10016 http:/ /www.oup-usa.org Oxford is a registered trademark of Oxford University Press All rights reserved. No part of this publication may be repro duced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior permission of OYJord University Press. Library of Congress Cataloging-in-Publication Data Brickhouse, Thomas C., 1947- The trial and execution of Socrates : sources and controversies / Thomas C. Brickhouse and Nicholas D. Smith. p.cm. Includes bibliographical references. ISBN 0-19-511979-7- ISBN 0-19-511980-0 (pbk.) 1. Socrates-Trials, litigation, etc. 2. Socrates-Death and burial. 3. Trials (Blasphemy)-Greece-Athens. I. Smith, Nicholas D. II. Title. B316 .B75 2001 183'.2-dc21 2001036915 9 8 7 6 5 4 3 2 1 Printed in the United States of America on add-free paper Contents Preface vu Introduction 1 PART I: ORIGINAL SOURCES 1. ARISTOPHANES 17 Cloudsll.358-407,476-492,627-680,723-756,825-830 18 2. PLATO 24 Euthyphro (complete) 25 Apology of Socrates (complete) 42 Crito (c omplete) 65 Phaedo (death scene: 116a-118a) 78 3. XENOPHON 81 Apology of Socrates (c omplete) 82 Memorabilia 1.1.1-1.2.39, 1.2.47-1.3.15, 4.7.1-4.8.11 87 4. DIOGENES LAERTIUS 108 On the Lives and Opinions of Eminent Persons in Philosophy 2.18, 24, 29, 37-43 108 5. MINOR SOURCES 112 Aeschines of Sphettus (fragment 1K from Publius Aelius Aristides) 112 Isocrates, Busiris 11.4-6 113 Aeschines (Rhetor), Oratio 1.173 113 Aristotle, The Art of Rhetoric 2.10.1393b4-8; Metaphysics A 1.6.987b1-4 114 Diodorus Siculus, Book TV,3 7.7 115 Dio Chrysostum 43.8-10 116 Maximus of Tyre, Oration 3.1-8 117 • V • Contents 6. LIBANIUS 122 Apology of Socrates 1, 13, 15-16, 22, 33, 48, 53, 59, 103-106, 110-112,127,136,142,153-154,168,170,172,174-175 122 PART II: RECENT SCHOLARSHIP 7. WHY WAS SOCRATES PROSECUTED? 133 M. F. Bumyeat, "The Impiety of Socrates" 133 Robert Parker, "The Trialo f Socrates:A nd a Religious Crisis?" 145 Mark L. McPherran, "Does Piety Pay? Socrateso n Prayer and Sacrifice" 162 Thomas C. Brickhouse and Nicholas D. Smith, from Plato's Socrates 190 8. SOCRATES AND OBEDIENCE TO THE'LAW 224 Richard Kraut, from Socratesa nd the State 224 Thomas C. Brickhouse and Nicholas D. Smith, from Plato's Socrates 235 9. DID PLATO TELL THE TRUTH ABOUT THE DEATH OF SOCRATES? 251 Christopher Gill, "The Death of Socrates" 251 Enid Bloch, "HemlockP oisoning and the Death of Socrates:D id Plato Tell the Truth?" 255 Works Cited 279 • vi • Preface This book is divided into two parts. The first consists of new translations of the ancient Greek writings that shed light on how the trial and execu tion of Socrates were viewed throughout antiquity. These writings vary markedly in their length and in their degree of freedom from contamina tion by other sources of qµestionable reliability. Some are complete works, clearly polished before publication; others are quite fragmentary. Some were written by Socrates' contemporaries, by individuals who actually knew him well; others were written centuries after the death of the philosopher. Perhaps most important is the fact that these sources differ, often remarkably, in how they characterize the real animus against Socrates or in the degree to which he could honestly defend himself. In col lecting these sources about Socrates' condemnation in a single volume, we wanted to provide easy access to materials of interest to those engaged in research on the famous trial. But we also invite readers to challenge their own understanding of Socrates' trial and its aftermath by testing their views against what the relevant ancient sources thought the evidence supports. Although scholars are today deeply divided over whether any single source, or combination of sources, provides us with a historically accurate picture of the final episodes of Socrates' life, there is widespread agree ment that the study of Plato's writings about the trial and execution of Socrates pay the greatest philosophical dividends. The second part of this book, then, concerns three issues that are fundamental to Plato's account of the trial, imprisonment, and execution: How well did Socrates respond to the charges against him? How did he understand his moral obligation to obey the law and to remain in prison? How accurate is Plato's account of Socrates' behavior when he was actually executed? To each of these questions we offer alternative answers that scholars have advanced in the secondary literature. By staging these three "contests of words," we hope to deepen the reader's own understanding of these th.fee issues at the heart of Plato's account of how Socrates' life ended. • vii • Preface We would like to express our deep gratitude to those who provided new translations appearing in Part I: Jerise Fogel (Xenophon, selections from Memorabilia);J oel A. Martinez (Xenophon, Apology); Timothy J. O'Neill (Aristophanes, selections from Clouds);H ope May (Libanius, selec tions from the Apology of Socrates).A ll of the other translations provided in this collection are our own. Finally, we would like to thank our respective colleges for the many ways in which they have fostered our work. Thomas C. Brickhouse wishes to express his gratitude to the Lynchburg College Research Committee for the award of a summer grant in 1999. Nicholas D. Smith is grateful to Unhae Langis for assistance in preparing the manu script. Thomas C. Brickhouse Lynchburg College Nicholas D. Smith Lewis and Clark College • viii • THE TRIAL AND EXECUTION OF SOCRATES Introduction 1. SOME QUESTIONS The Athenian philosopher Socrates was brought to trial, convicted by the jury, and sentenced to death in 399 B.C.E. His execution, however, was delayed by a month because of a religious festival during which execu tions were not permitted. 1 After this delay, he was put to death by drink ing poison derived from hemlock. About these facts there is no disagree ment. But as the sources collected in this book and the scholarly essays that follow them show, several of even the most basic facts about these events were controversial in antiquity and remain so even today. Why was Socrates brought to trial? Why did the jurors--members of the world's first democracy-find him guilty? When he was given an opportunity to escape, even after he had been convicted and sentenced to death, why did he refuse to do so? How exactly did Socrates die? Differences of opinion on these and other questions about the trial and execution of Socrates con tinue to arouse our curiosity and to challenge new generations of scholars. Perhaps some of the answers given in this collection are the right ones; but our readers will soon see quite plainly that not all of the answers provided herein can be correct. 2. TRIALP ROCEDURES In ancient Athens there were no public prosecutors who tried cases on behalf of the state. Instead, private individual citizens would bring crimi nal charges to a government official known as the King archon, who would determine if the charges were in accordance with law and would then forward the case to a jury trial. To prevent jury tampering or bribery, 1See section 5 of this introduction. • 1 • The Trial and Execution of Socrates Athenian juries were quite large, from 200 members to perhaps ten times that many. In Socrates' case, the number seems to have been 500.2 Socrates' prosecutor was a younger man named Meletus. Assisting Meletus in presenting the case against Socrates were two other men: a well-known and highly respected politician named Anytus and a poet about whom very little is known named Lycon. The charge Meletus brought against Socrates was impiety. Because the law against impiety did not specify all of the ways one could be impious, as a part of his indict ment, Meletus had to specify precisely how Socrates was supposed to be guilty of this charge. Meletus, accordingly, provided three specifications: Socrates was guilty of not recognizing the gods recognized by the city; Socrates invented new divine things; and Socrates corrupted the youth. It is sometimes said that there were three charges against Socrates, with these three specifications of the single charge of impiety no doubt in mind. But in fact Socrates was tried and convicted for the one charge of impi ety-a charge made on the basis of these three claims, each of which allegedly explained ways in which Socrates was impious. Different sources make different claims about the kind of defense Socrates offered against the charges. It was even claimed in later antiquity that Socrates simply remained silent and offered no defense at all. Plato and Xenophon-both of whom knew Socrates personally-contradict this much later claim, however, and we see no reason to doubt them. As our readers will soon see, however, Plato and Xenophon give somewhat dif ferent accounts of what Socrates did say in his defense, and this has given rise to many of our most difficult questions about the trial. One thing that seems clear in both Plato's and Xenophon's accounts of Socrates' defense (in fact, Xenophon makes this point explicitly) is that the general style and tone of Socrates' speech was perceived by many to have been quite haughty and proud-Xenophon characterized it as megalegoria,w hich translates literally as "big talk." Plato simply gives us a version of the speech without commentary, but readers of Plato's version have often thought that much of it seemed like "big talk." There is much speculation by scholars as to why Socrates would have defended himself in the way he does in Plato and in Xenophon. In Plato's version, Socrates claims to be surprised that he was con victed by a fairly narrow margin: Had only thirty more jurors voted in his favor, rather than against him, he would have been found innocent. If indeed there were 500 jurors, as we have said, this means that the vote to convict Socrates was 280 to 220, since a tie vote of 250 for each side would have counted in Socrates' favor. In a much later (c. 250 c.E. or so) account, Diogenes Laertius says that the vote to convict Socrates was by the much 2Not 501, as some scholars have suggested. Only later did the Athenians use odd-numbered juries to avoid tie votes. When Socrates was tried, tie votes would be counted in favor of the defendant. • 2 •

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