The Trial of Socrates: When the punishment of philosophy was death #law #philosophy #death #history

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So greetings to one and all and welcome
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to another episode of just be logical
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history. So uh as per the request of
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many of you law enthusiasts and students
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across the nation uh today we are going
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to discuss a very very very imperative
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topic and personally if you are a legal
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enthusiast or a law student
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or subject the trial of so let's begin
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and please subscribe to the channel, hit
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the bell icon for more notifications and
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so see when we are talking about this
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trial of socrates there are many
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pronunciations to it. Now some call it
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so some call it uh sukrites but so is
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what I would be pronouncing as uh see
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this is very very important when it
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comes to the legal history because you
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know this comes from uh you know after
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the defeat at the hands of Sparta and we
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are talking somewhere in the 399 BCE so
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this trial was a very very important
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trial so let's understand what was it
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exactly now what happens is after the
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athens got defeated you know by Sparta
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in the uh the peloponyian war that is
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somewhere in 431 to 404 BC. See not only
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the Spartans and athens uh you know the
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Spartans and Athens were the military
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rivals during you know these particular
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years but they also had a radically very
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different form of government. This is to
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be understood. Now why is that so?
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Because when we talk about athens, we
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need to understand that it was a
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democracy.
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So all the male citizens who were
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adults, see they were members of the
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assembly and many of these offices of
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the cities, you know, they were filled
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by lot. All right? Because when it comes
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to elections, they were regarded as
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undemocratic.
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And why so?
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See because you know they were
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pronounced by some citizens you know
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better qualified than the others. All
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right. So the citizens in the citizens
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of uh you know this uh the citizens of
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Athens as we speak you know they enjoyed
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a very very exponential degree of
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freedom to speak to live the way they
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liked and you know all of that but
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provided that they are obeying the laws
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the rules the regulations and
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they did absolutely nothing to undermine
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the democracy and the public good. This
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was about 8. But when we look at the
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flip side, when we look at the other
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side of the coin when you talk about
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Sparta. All right? So Sparta was
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absolutely a mixed regime. Why? Because
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it was based on a very very complex
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arrangement. Because why? There was a
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see there was a power sharing between
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whom? The ordinary citizens and you know
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many of the elite groups which are a
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part of it. and it exerted far more
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control than what aans did over uh you
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know the daily life or the education of
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the citizens.
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Now when we talk about athens
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see particularly to be considered among
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the well-born young you know a degree of
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admiration for certain aspects of you
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know Spartan life and government all all
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wealthy you know so these young men and
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they had spent most of their time you
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know in these public gymnasia
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and you know they had been prided
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themselves on the you know their their
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their toughness and all of that.
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And obviously they practiced a certain
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simplicity of style as well. Long hair,
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you know, all in the imitation of
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Spartan ways.
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And from where does this come from? This
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is coming from the Xenon and the Plato.
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So no doubt the fact that Athens was an
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empire building city and there were you
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know vast resources and you know a huge
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huge population and it could not defeat
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you know smaller and I would say back
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then a bit low on the economic side when
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it come to when it came to Sparta and in
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the end what happened is we all know
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lost it lost its empire to the rival
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regime and that added to the allure of
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the Spartan politic ical system.
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These ordinary, you know, Athenians, you
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know, people had to work for a living
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and did not really belong to any of the
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aristocratic families. They were proud
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of their democratic institutions. Damn
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it.
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Because and they were also enjoying a
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lot of freedom as well.
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So they were well aware that their form
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of government had internal and external
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critics as well as enemies. Furthermore,
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see, let's be very pragmatic.
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They never thought of civic and
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religious matters as separate spheres.
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Okay? Why? Because they were assuming
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instead that the participation of a
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spiritual religious life of the city is
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as regulated by democratic institution
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was one of the duties of all the
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citizens.
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Why
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that great harm could come to the city
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if the gods it recognized were offended.
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So naturally
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or even when you say when the customary
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religious prohibitions were violated.
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All right.
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Now during or let me say soon after the
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war with Sparta
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there are several events which reveals
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that how much damage could be done to
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Athenian democracy by the individuals
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who did not respect the religious
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customs of the community and who had no
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allegence to the you know the the the
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so-called institutions of democracy or
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even let's say those who were admiring
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the adversary of the you know the city's
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adversary
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Now let me take you to 1415
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one fine night
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just very short before a you know major
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naval expedition to uh you know Sicily
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was to sit sail many statutes of the god
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Hermas you know who protected the
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travelers they were mutilated they were
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mutilated
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presumably by those who wish to prevent
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you know the expedition from proceeding.
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And while the matter was being
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investigated you know there were many
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many many mens including one of the
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Socrates
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greatest admirers
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who had sponsored and helped to lead the
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Sicilian expedition. They were accused
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of mocking the religious ceremony and
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also revealing the you know revealing to
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the outsiders what the sacred secrets.
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So some of them
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they were tried and they were executed
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also.
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So this is where the entire thing comes
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into picture.
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So this Socrates, one of the greatest
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admirers of Socrates,
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what happened with this person? He had
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been charged with the involvement in
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other religious scandals before also.
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He was called back from Sicily to face
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the trial. The power of his enemies and
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the suspicion of him was so great that
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you know he decided to escape the escape
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Sparta rather than return to Ethnes to
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face the likelihood of death sentence.
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That is the capital punishment.
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And naturally an condemned
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his associates to death in absentia
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and he proceeded to offer council and
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leadership to Sparta in in its fight
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against Athens.
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be simple.
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In 407 what happened is he returned to
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Aans and he was cleared of the charges
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against him
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and though he never fully you know
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regained and the trust obviously
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same
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but he did not fully gain the trust
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either of the opponents or of the
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Democrats.
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Now what happened is in 1411 a group of
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these 400 opponents of Ethanian
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democracy you know they stage a coup
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they stage literally a coupe and they
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tried to install a oligarchy
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the oligarchy they they were trying to
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install this but they were overthrown in
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the same year and democracy was restored
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simple as that some of them obviously
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who were you know associates of this
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gentleman Socrates they went into exile
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and you know after their revolution had
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absolutely failed and disastrously
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failed.
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So after the Athenians defeat now the
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Sparta they had installed a group of
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late around 30 men all right these were
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the same people who were later somewhere
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dubbed as the uh you know the 30 tyrants
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okay in the Athens to establish a far
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less democratic regime there.
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Now the leader of the most extreme wing
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of this group was Critius.
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Now he was part of the Socratic circle
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and along with him was Charmites. He was
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another of the 30. So the democrats many
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of whom who had left a 30 came to the
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power they defeated them in battle and
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democracy was restored in the form as
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simple as this.
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So this is basic of what had happened
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then.
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Now when we talk about the perceived
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fragility of the Athenian democracy, you
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see the year in which Socrates was
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prosecuted that is 139 399 was one of
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was one in which you know the several
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other prominent figures were brought to
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trial in a on the charge of impity.
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that is unlikely to have been a
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coincidence rather you know because see
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it suggests that there was a sense of
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anxiety about the dangers of the
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religious unorthodoxy and about the
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political consequences that the
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religious deviation could bring and as
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we see in history two attempts to put an
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end to ethnanian democracy had occurred
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already in the you know the recent days
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and the religious scandals of 415 were
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not so far in the past as they could
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have you know been forgotten
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because a general amnesty had been
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negotiated
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that no one except the 30 and a few
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others could be tried for offenses
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committed prior to 403. So when the 30
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were defeated but this would have this
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would have not have prevented an you
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know accusation from being brought
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against someone who committed a crime
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after 403 or
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after 403
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engage in the same practices you know
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that was so characteristic of him
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throughout his adult life.
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To be very honest enough, not even the
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most ardent supporters of the amnesty
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would have objected to bringing him to
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trial.
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Once a trial had begun, it was common
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practice for prosecutors to mention
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anything that might be just prejudicial
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to the accused. This is a very important
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point to note.
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There was no legal custom or
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courtappointed judge that you know would
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have prevented that would have prevented
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Socrates's accusers from referring to
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those of his admirers.
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hadn't been associated with religious
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scandals.
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So the law that socrates was alleged to
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have violated was law against impity but
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in support of that execute uh in support
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of that uh you know accusation he also
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was accused of having corrupted the
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young. So his jury might have taken the
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association with opponents of the
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democracy or let's say with persons
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convicted or suspected of religious
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crimes obviously to be you know the the
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the sure grounds for considering him as
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a dangerous man. But here the important
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point is the fact that one of those who
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assisted in the prosecution of Socrates
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spoke against him
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and it is he was a bloody prominent
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democratic leader makes it all the more
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likely that worries about the future of
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Ethanian democracy lay you know that lay
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behind Socrates trial and even if let's
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say neither nor the other prosecutors
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they were you know like on There were
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militus you know harbored such fears. It
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is hard to believe that they were in
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totality absent from the minds of those
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who heard this case
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because in any of the possibilities
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because Socrates openly displayed his
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anti-democratic ideas in his defense
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speech. It would have been extremely
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impossible for jurors to set aside his
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association with the opponents of the
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democracy.
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Now it is not really known you know
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there's no certainty that those who
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prosecuted so mentioned Aliceates you
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know and critias at his trial there is
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no record of their speeches to be very
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very honest or you know in the open
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sources at least and it is difficult to
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whether the interpretation also becomes
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difficult that the evidence about what
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they said but applying the common sense
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is it is very likely
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that specific names were certainly
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mentioned and you can have the reference
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of Plato's apology. Socrates notes that
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his accusers alleged of certain
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individuals that they that you know they
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were his students. An accusation he
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lamely denies on the ground that because
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he has never undertaken to teach anyone
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he cannot have students.
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And Zenopon reports that according to
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the accusers
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you know the critias and the alibi they
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were the followers of Socrates. The word
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accuser
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as considered by some of these scholars
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to be a reference to one of the three
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persons who spoke against Socrates
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though others take you know xenophon to
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be you know defending uh Socrates
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against the charges made against him in
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a pamphlet written several years later
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by polycrates who was a teacher in
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rhetoric.
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in any event. See many years later in
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the 4th century the orator one of the
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orators in his speech you know he
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asserted that and this was in public
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that so was convicted because he was
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shown to have been the teacher of critus
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one of the 30 who had overthrown the
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democracy
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but even if we establish the association
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with
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Alibiads was an important factor leading
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to his trial and conviction as well. All
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right, these are the things because
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Socrates was prosecuted because of his
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religious ideals ideas and political
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association
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that indicates how easily an ideal uh
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held dear by his fellow Athenians
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Athenians the ideal of open and frank
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speech among citizens could be set aside
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when they felt insecure. So this ideal
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and its importance in athens are well
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illustrated by the remark of the orator
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deosthenis
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that in athens one is free to praise the
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spartan constitution but in sparta it is
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only the spartan constitution that one
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is allowed to press.
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Were the were there other instances
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beside the trial of Socrates in which an
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Athenian Athenian was prosecuted in
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court because of dangerous ideas he was
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alleged to have circulated?
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Do you think so? centuries after so
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there's several you know these these
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authors the elies that you know many
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other intellectual figures of this time
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they were you know they had the the
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protagoras the uh you know the demons
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the aspas
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so they were exiled or prosecuted simple
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as that
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now according to Plato's apology the
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vote to convict Socrates was very close
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had 30 of those who voted for conviction
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cast their ballots differently he would
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have been acquitted means freed. It is
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reasonable to speculate that many of
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those who opposed conviction did not
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partly because however little they cared
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for you know what Socrates thought and
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how he lived. They cherished the freedom
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of speech enjoyed by all ethnians and
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attached more importance to the aspect
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of the political system than to harm the
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Socrates
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than to harm Socrates may have done in
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the past or might do in the future. So
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the ethnanian love of free speech
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allowed so to casual and criticize his
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fellow citizens for the whole of his
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long life but gave away when it was put
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under great pressure.
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very simple as that and it is not
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surprising that there are significant
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differences between Plato's and
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Xenopon's accounts of what was said in
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the trial but anyway it would be a
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separate story altogether
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and if we get into all of that then it's
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going to be a huge huge huge huge debate
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in a way
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see any of the events the historical
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accuracy of Plato's apology should not
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be the only question on you know the the
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listeners or the evaluator's mind. Of
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equal importance is whether Plato's
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socrates really is guilty of the charges
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brought against him. Whether he is a
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wholly just and admirable person
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whether his manner of living is one of
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that is most worthwhile and whether
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there is any reason for a political
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community to be concerned about the harm
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such a person might do. Surely the last
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thing Plato would have wanted his uh you
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know dear readers to do with the apology
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is to ignore its philosophical religious
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or the political dimensions in order to
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con you know concentrate solely on its
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accuracy as a piece of historical
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reputage
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and we are well aware of the public's
19:35
hatred for so as well
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but this can only be the beginning of so
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explanation. And see for it leads to the
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further questions why why should you
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know the aristophans have written uh the
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way they did for Socrates would not be
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discussing this now
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but the latter must have been a
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well-known figure in 423 when clouds was
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produced
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these people typically wrote about and
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mocked the figures who already were
20:08
familiar to his audience furthermore if
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as if if as so claim many of his jurors
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had heard him in discussion and could
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therefore confirm for themselves that he
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did not study or teach others about
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clouds, air or other such matters and
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did not take a fee as the sophists did
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then why did they not vote to acquit him
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of the charges which were over which
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were you know by an overwhelming
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majority. So, so provides answers to
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these questions long before the
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aristophans wrote about him.
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He had acquired a reputation among his
20:43
fellow citizens because he spent his
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days attempting to fulfill his divine
20:47
mission to cross-examine
20:50
these these ones cross-examining them
20:52
and to puncture their confidence belief
20:54
that they possess knowledge of the most
20:56
important matters. So, Socrates tells
20:58
the jurors that as a result of his
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inquiries, he has learned a bitter
21:02
lesson about his fellow citizens. That
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not only do they fail to possess the
21:06
knowledge they claim to have, but they
21:08
resent having his fact this fact pointed
21:11
out to them and they hate him for his
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insistent
21:16
and for his insistence that his
21:18
reflective way of life and his disavo of
21:23
knowledge make him superior to them. The
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only people who delight in this in his
21:28
in his conversation are the young and
21:30
wealthy
21:31
who have the leisure to spend their days
21:34
with him. These people imitate him by
21:38
carrying out their own cross-examination
21:39
of others.
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This is very very important aspect of
21:46
this
21:47
particular system.
21:50
And so's analysis of hatred
21:54
he has incurred is you know that he has
21:57
incurred is one of one part of a larger
21:59
theme that he dwells you know on
22:02
throughout his speech. Athens is a
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democracy
22:06
correct where you know many are dominant
22:10
power in you know politics and it can
22:12
therefore be expected to have all the
22:15
vices of the many because most people
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hate to be tested in argument. They will
22:20
always take action of some sort against
22:24
those who provoke them with question.
22:26
But that is not the accusation Socrates
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brings forward against his city and
22:30
politics.
22:33
He tells his democratic audience that he
22:36
was right to have withdrawn from
22:37
political life because a good person who
22:40
fights for justice in democracy will be
22:42
killed. Very important.
22:46
Many today relate to this.
22:50
In his cross-examination of militus as
22:53
we know he insists that only a few
22:55
people can acquire the knowledge
22:57
necessary for improving the young of any
22:59
species and that the many will
23:01
inevitably do a poor job. He criticized
23:04
the assembly for its legal actions and
23:07
the ethnians
23:09
the ethnians court for the ease with
23:12
which matters of justice are distorted
23:14
by emotional pleading.
23:17
to Socrates implies that the very nature
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of democracy makes it corrupt political
23:23
system. Bitter experience has taught him
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that people rest content with a
23:28
superficial understanding of what you
23:31
know of of the most urgent human
23:33
questions. When they are given greater
23:36
power, their shallowess inevitably leads
23:38
to injustice. As simple as this.
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And there cannot be back then any any
23:45
you know arguments
23:49
back then and time as I speak. So these
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subjects are of absolute importance to
23:57
be taken care of and to be read by you
23:59
know the legal enthusiasts.
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See when we talk about the 19th century
24:03
Socrates was regarded as a similar
24:06
figure in the evolution of the European
24:08
thought or as a Christlike Herald of a
24:12
higher existence.
24:15
Scholars like GW of Hegel saw Socrates
24:21
you know as a decisive turn from the
24:23
pre-reflective moral habits to a
24:25
self-consciousness. Obviously that
24:27
tragic you know that tragically had not
24:29
yet learned how to reconcile itself to
24:31
universal civic standards.
24:35
There have been desertation examined
24:38
Socratic irony found in the Socrates a
24:41
pagant you know a pagan anticipation of
24:44
his belief that Christianity is a lived
24:46
doctrine of almost impossible demands
24:49
but he you know but these scholars also
24:52
regarded you know the socritic irony as
24:55
a deeply flawed indifference to
24:58
morality.
25:00
Frederick himself had struggled
25:02
throughout his writings against the
25:04
one-sided rationalism and the
25:06
destruction of cultural forms that he
25:09
found in Socrates. And hence this
25:11
becomes a very very important subject
25:13
and a very very important to be studied
25:15
my dear legal enthusiasts and law
25:16
students understanding so reading the
25:20
arguments the his trials is of utmost
25:23
importance for all of us. These
25:27
historic texts and trials give us a very
25:31
very in-depth understanding of how the
25:34
modern laws that today we have in hand
25:36
that today we possess came into being.
25:40
So I hope there would have been a lot of
25:42
takeaways from this particular topic of
25:45
so crates
25:47
and if you want to read more about so we
25:50
have an article given uh you know on our
25:53
website commercial you can check the
25:54
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in future comment
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share this video with all the legal
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let's be curious. Let's be logical.
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