Nightcap

  1. The many lives of liberalism David Bell, New York Review of Books
  2. Is the political leader teachable? Avi Mintz, Law & Liberty
  3. Why ex-churchgoers flocked to Trump Timothy Carney, American Conservative
  4. A history fit for the Taliban Hugh Beattie, History Today

White rappers and hip hop culture

Post Malone has been at the heart of some manufactured controversy recently. Complex and other hipster millennial outlets (x, y) have criticized his appropriation of braids, grills and slang (AAVE), as a white man who has recently made a name in hip hop.

I’m a college student in the Californian city with the highest rate of binge drinking (and a lot of partying). Just like rock n roll replaced jazz, hip hop has replaced rock as the club genre. And Post Malone is popular. I have never once heard someone complain about Post Malone in real life. The first time I heard his genre-fusing cooing was in a Mustang with my Mexican roommate and his girlfriend. I thought it was shit. He found “White Iverson” good enough to turn up the volume whenever it came on, and radio stations are notoriously abusive with new rap singles.

Last year you would see Latina and black classmates dancing to Post Malone at any of Chico’s backyard parties. No one thought he was culturally appropriating, or if they did, they didn’t care. His music sounds good to them. That’s what matters.

Post Malone has said some things in interviews and online that pissed off journalists and maybe a handful of other people with the time to be bothered. One of those things was the n-word, used once on Snapchat long ago. More recently, he stated that the modern hip hop landscape is sort of deficient in conscious rappers, rappers who will talk about “real shit,” and that “If you’re looking to think about life, don’t listen to hip hop.” Some easily offended artists, particularly those who are listened to almost exclusively by white people — Lil B, Earl Sweatshirt and Vince Staples — responded angrily.

In Complex‘s piece, the author was upset with Post Malone for dumbing down the music scene. Funny. XXL, one of the largest hip hop news outlets, which runs (and endorses) a group of up-n-comers every year, had the most lyrically-inept roster in recent history for their 2017 edition: Ugly God, Madeintyo, A Boogie With A Hoodie, Playboi Carti, Kap G, then a few alrights, and a single prodigy who’s now off to prison. (Playboi Carti can’t even rap. He really can’t.) I’m sorry to inform Complex, but the focus of hip hop is about hedonism right now. That’s how it is. No one gives a damn about J. Cole after 2014 Forest Hills Drive, and Kendrick Lamar sold out on his last album.

Since gaining fame, Post Malone has worked with Quavo (of Migos) and 21 Savage. Why didn’t these artists call him out for stealing black culture? And if Post Malone is destroying the often-intelligent culture of hip hop by exclusively sampling stereotypes and gangster imagery… why does no one care that Migos and 21 Savage are doing the exact same thing? Post Malone has also worked with Kanye West, who, again, didn’t care that he is white and immersing himself in the culture. Kanye has a lot of rap clout. So if Post Malone gets Kanye’s approval, what sort of validity do the rest of us have?

Granted: racial slurs are a reasonable line to draw for white artists. But Post Malone apologized and he’s clearly not a racist. What more is there to say?

There is no standpoint epistemology that can be non-arbitrarily applied here. Many people would like to say that white fans are ruining hip hop or that hip hop has always been about criticizing white power structures or some other ahistorical, revisionist narrative. No.

Hip hop is not just a personal liberator. Hip hop is for everyone. Hip hip is a product of black culture but black culture is no monolith. The standards for hip hop change. The style changes. The message is not singular. Kendrick Lamar’s “Alright” has become an anthem for the Black Lives Matter movement. Why? Kendrick’s own personal viewpoints on the struggle for black liberation align much closer with Tupac Shakur’s — the perspective that real change must start in black communities, and any problems with the police and white authorities are secondary or tertiary. Have the organizers at BLM listened to Kendrick’s work before good kid, m.A.A.d city? Did they loop “Alright” so much from To Pimp a Butterfly that they skipped “The Blacker the Berry”?

Do these people want to pretend that all old school hip hop flowed from the mouth of Gil Scott-Heron? Have they listened to “Rapper’s Delight”? What about 2 Live Crew? “If you’re looking to think about life, don’t listen to hip hop”: Post Malone was being provocative, clearly. But hip hop is no special fountain of consciousness and enlightenment. It’s got even more sex and drugs than does rock n roll. Travi$ Scott came on the scene just to rap about partying — and he’s still a fantastic, infinitely creative artist. We will see more and more of this, just like we always have.

To all of this, it might be replied that white people are stealing hip hop like they stole rock n roll before. But music is not zero-sum. One artist’s creation does not prevent another artist’s creation, and especially now, there is always billboard room for more. Action Bronson is, stylistically, a carbon copy of Ghostface Killah (I mean, the off-brand version). But Wu Tang’s spotlight is long gone. A new artist for a new generation is no loss for the old artist, no disrespect to Ghostface. And now, if we look to anticipate the emerging future for hip hop (à la Soundcloud etc.), the new (black-led) wave is directly sampling from historically white inputs: radio rock, nu metal, grunge. Or even East Asian anime influences.

The attacks on Post Malone and the like are part of a larger guerilla ideology. They are one aspect of the cleansing of hip hop (an outrageously politically incorrect discipline) in general. I was in a recent dispute with a female friend over the outro from a song I like, as it came on shuffle:

Well with a pimp we gotta keep pimpin to have a b–h and that’s what she yearns for. She yearns for the pimpin. And once you keep f–king with pimpin, that square is a trick. It turns it from a square to a trick. Why she gone lay with a trick? It’s the nastiest lowest form of a motherf–ker. Pimps do what they wanna do. Hoes do what they’re told. And squares does what they can. They just do what they can. You see what I’m sayin?

She thought it was misogynistic. Sure, yeah, it is. But it’s a sample from a movie and that movie is about life on the streets. And that’s what’s going on. Hip hop tells stories.

I haven’t seen “American Pimp,” from which the sample is cut. But most of us would recognize that the quote is referencing, knowingly or not, the Melian dialogue from Thucydides’ History of the Peloponnesian War from twenty four hundred years ago. It is 5th century B.C.E. and the Athenians are preparing for war against the Spartans. The Athenian army, under the direction of Cleomedes and Tisias, sends an expedition to the island Melos for conscription. The Melians, a small Spartan colony, would prefer to stay out of the conflict. In a classic statement of realist political philosophy, the Athenian representatives disregard abstract moral claims and tell the Melians, straight up: join the empire and fight for us, or be enslaved and massacred. There is only a question of morality between equals, and all that truly matters in politics is power:

For ourselves, we shall not trouble you with specious pretences — either of how we have a right to our empire because we overthrew the Mede, or are now attacking you because of wrong that you have done us — and make a long speech which would not be believed; and in return we hope that you, instead of thinking to influence us by saying that you did not join the Lacedaemonians, although their colonists, or that you have done us no wrong, will aim at what is feasible, holding in view the real sentiments of us both; since you know as well as we do that right, as the world goes, is only in question between equals in power, while the strong do what they can and the weak suffer what they must.

The Melians decide not to give up their freedom, and bet on the odds that they will be aided by the Lacedaemonians, asking only to be left alone. The Athenians withdraw from the conference. The next winter, they siege the Melians into surrender then slaughter all the men and sell the women and children into slavery.

The point is: hip hop can rhyme about snorting cocaine off of a stripper and then reference classical Greek literature in the same song. We don’t really get that sort of postmodern syncretism in other genres. Hip hop is a bastion of creativity and subtlety as well as vulgarity and cruelty. Let’s hope it continues to surprise and offend us.

So let Amber Rose organize Slut Walks promoting sex positivity and feminism while her boyfriend 21 Savage raps about gang bangs and punching women in the face. Rap is for everyone and thus also the scumbags. Hip hop is a free speech fest, an untouched final frontier not yet contorted into submission by the thought police. What the people want is a good 808 and an album every couple months, not another stern voice to lecture them into moral and cultural conformity.

Hip hop has always exhibited the brute political realism of Thucydides’ History. More can be learned about the realities of American government from listening to Bone Thugs-N-Harmony than sitting in a political science class. Its willingness to stay down and dirty is its signature trademark. So cultural appeasement and cleanliness can have everything else: it can have our vocabulary, it can have our media, it can even be enforced by government for all I care. Just keep its indelicate hands off hip hop.

Lunchtime Links

  1. violence among foragers [pdf]
  2. building legal order in ancient Athens [pdf]
  3. why Congo persists [pdf]
  4. toward an old new paradigm in American international relations [pdf]

Rules of Warfare in Pre-Modern Societies

As my first foray into NOL blogging, I figured I would bring up a recent debate I had liberty, war, and peace that lingered in my mind: how have rules of war been maintained throughout history without a central enforcing agency? This question is fundamental to the understanding of the nation-state in IR theory, and is also an astonishing example of spontaneous order in an anarchic and chaotic scenario.

The quandary exists because even the laudable negative rights of life, liberty, and property ownership, as Eric Mack discusses in his essay on Just War Theory, require a positive enforcement by others. Similarly, “rules of war”–such as refraining from attacking non-regulars, not attacking neutral parties, abiding by the terms of treaties, treating prisoners of war with respect, etc.–are, theoretically, difficult to establish and dependent on positive enforcement. This is because if Party A respects these rules, they provide a perverse incentive to Party B to take advantage of Party A’s restraint, and if doing so gives Party B the upper hand, they can enjoy the benefits of betraying the rules of war with impunity. This is a classic Prisoner’s Dilemma, and if it generalized across many nations, the theory of rational choice would lead us to expect a coordination problem, in which those using the strategy of Party B would dominate the Party A’s.

I am certainly not the first to identify this, and the literature on overcoming coordination problems through iteration of the Prisoner’s Dilemma, regime collaboration, and international organizations and treaties is incredibly thorough (just for a taste, you can see James Morrow’s book, F.V. Kratochwil’s book, and articles by Duncan Snidal, Arthur A. Stein, and even James Buchanan and Victor Vanberg). However, I thought it would be interesting to examine the historical evidence of effective rules of war, particularly from the premodern period. Because global communication technology and networks, international courts, treaties, and organizations, and deterrence based on the terrifying weapons of modern war were lacking in antiquity and on through roughly the 18th century (open to argument on that one), premodern societies seem to be the best test of the effectiveness of rules of war and their mechanisms. I won’t discuss any in detail, and I am skipping many rules of war for which their effectiveness is not discernable (such as the Mahabarata, Deuteronomy, and the Quran), but here is a list of interesting examples for discussion:

  • The archaic Greek poleis:
    • As Victor Davis Hanson argues in his influential book, the Western Way of War, the incentive to focus on agricultural production and the fact that citizen-warriors were personally responsible for military service made the costs of long-term campaigns, especially given the lack of siege technologies and the difficulty in laying waste to wheat fields and olive trees, higher than the potential benefits. However, there were still disputes to be resolved, and raiding was still harmful to the agriculture of polis that was raided. In order to limit costs to both invader and defender, the poleis developed the hoplite warfare strategy, in which citizen-soldiers met for decisive conflicts in traditional, if not previously agreed, locations, in which limited territorial gains were afforded to the victor. While this does not describe every aspect of 7th-5th century warfare in Greece, this strategy pervaded the Greek mainland and allowed disputes to be resolved with minimal collateral damage and investment.
  • Thucydides’ Athens:
    • Though Thucydides’ History of the Peloponnesian War is seen as the invention of realism based on its “the strong did what they could, and the weak suffered what they must” representation of self-interest in foreign policy, his narrative as a whole shows an important constraint in war: if a military power makes war with the expressed intent of empire-building without casus belli, they will entrench their enemies, alienate neutral states, and cause divisiveness on the home front because they have lost the moral high ground. Thucydides notes that the majority of Greeks opposed Athens on the grounds of their selfish empire-building, and because of their inability to convince Sparta of their just motives, brutality to neutral states, internal dissension during the Sicilian expedition, and many other misfortunes of war (plague, death of Pericles, Persian intervention), Athenian power was broken. The lesson: Party B (from above) must consider the international reaction to abusing Party A, and at least make a public showing that the war is just. Also, if Hitler had only read his Thucydides, he might have known that marching through Belgium may be tactically sound, but he was risking the same reaction that the Athenians risked in the Melian massacre.
  • POW’s and ransoming in antiquity
    • Several rules of warfare were maintained through the mutual benefits to combatants, the most notable being the conventions concerning ransoming. From at least 5th century Greece (in the Sphacteria incident) to Caesar, citizens could be ransomed following a battle—and there were even conventional levels of payment for these POW’s. This was a benefit specifically afforded to “civilized” foes, and Roman practice increasingly became enslavement rather than ransom, but this convention was widespread for centuries, possibly showing that ransoming enemies is an Iterated Prisoner’s Dilemma.
  • Ancus Marcius and Just War Theory:
    • Along the same lines as the Thucydides example, the Romans engaged in the ritual of the fetiales, including the enumeration of the just cases for war, before invading an enemy. This limited war to official disagreements with neighboring states, and other religious conventions were maintained that limited certain tactics in war (a noteworthy passage of the Aeneid shows that putting on the armor of your enemies for stealth purposes would be doubly punished by the gods). These conventions included looking down on poison as woman’s weapon and on taking some religious statuary as booty, and though Roman generals still poisoned wells or robbed cities of their gods, they received negative reactions by their contemporaries.
  • Hostage policies throughout antiquity:
    • Another problem with the rules of war is the enforcement of treaties, which have credible commitment problems. Both Greeks and Romans made imperial gains by breaking treaties, but it was common practice to overcome the credible commitment problems of both alliances and treaties to end wars that hostages, usually the children of influential citizens or nobles, were exchanged. Whether they were exchanged both ways (more common in alliances) or passed only one way (usually from the defeated to the victorious), hostages were used at least 250 times by Rome and countless times by other ancient civilizations to ensure the enforcement of treaties.
  • Carthage’s “Truceless War”:
    • While we often think of ancient war as anarchic and based on the whims of generals, wars that completely lacked conventions or limitations were rare. In fact, following truces that allowed for collection of the dead, ransoming of both the living and the dead, and supplication for one’s own life go back at least as far as the Iliad, and wars that lacked such conventions were shocking to ancient historians. Such wars occurred when one side broke a general convention, usually the convention of allowing enemies to surrender alive and be ransomed. Because of this betrayal, their opponents would also stop following any rules of war, and such wars became not about achieving strategic goals but annihilating the opponent entirely. Carthage, following their loss in the First Punic War, fought a truceless war with their former mercenaries due to lack of payment that featured escalations in mutilation and crucifixion until the mercenaries were wiped out, at great cost in men and money to Carthage.
  • Roman 3rd party arbitration or intervention:
    • The Romans, after they gained international prominence but before they ruled the whole Mediterranean, took an interest in wars between their neighbors. While this sometimes included imperialism, in several instances they served as a 3rd party arbitrator of peace, and even as an enforcer of peace in Antiochus IV’s invasion of Egypt.
  • Blood feuds:
    • While mentioning blood feuds brings up images of Hatfields, McCoys, and senseless brutality over generations, blood feuds were actually a mechanism for limiting violence through threat of reprisal. While the effectiveness of this mechanism may be debatable, its intention as a limitation of violence is notable in several pre-modern societies, especially the Scots and Slavs.
  • Chivalric codes:
    • We should be careful of romanticizing this example, but from the 12th to 14th centuries, chivalry established rules of conduct for how knights should treat knights on and off the battlefield. Much of the conception of chivalry comes from poetic fictions about historical figures that were vicious or corrupt in many ways. However, it was actually the battlefield codes, such as ransoming rather than killing noble foes, that were actually practiced the most often, a trend that saw a brutal reversal in the War of the Roses. One might point out that neither the chivalric codes nor the earlier Roman codes of war included avoidance of harming civilians. This shows that, while rules of war were effective in practice at many points in history, they did not always have the same conceptions of what these rules were made to protect.
  • The Roman Catholic Church:
    • Catholicism influenced the rules of war in two ways: like the fetiales of the Romans, it established the grounds on which war was justifiable (and was influential on the ideals of chivalry), and the pope himself, through the power of excommunication, could limit the warring impulses of kings and lords. While many popes used their power to cause conflict, the church still had both moral influence and bargaining power, and was a powerful international institution for centuries that forced treaties on Christian rulers, provided a court of arbitration, and, several times, that tried to unite these leaders in war against non-Christians. The influence of Catholic peacekeeping measures waxed and waned from Charlemagne onward, but the Peace and Truce of God was one of the earliest attempts to protect non-combatants in wartime

This very incomplete list represents a lot of the more conventional examples of this phenomenon (sorry, but I am very conventionally educated). I would love if those who have other examples, especially from outside of Greece, Rome, and the Western World, would bring them up in the comments so I can expand my knowledge of the history of the rules of war!

The many iterations of rules of war in pre-modern societies shows the effectiveness of spontaneous order in creating systems that promote liberty and peace. These rules did not eliminate violence, cruelty, or imperialism, but they forced self-interested parties to check their selfish impulses. This is not an argument that international organizations with the goal of limiting war are unnecessary (and the Geneva Conventions are a laudable example of voluntary self-enforcement), but rather a demonstration of the wide reach of both Smith’s invisible hand and Hayek’s spontaneous order: even in the most anarchic of trades, long-term individual self-interest can support general interest, and a certain level of order is imposed on the chaos of war through the unplanned conventions of societies.

 

ἐν μὲν γὰρ τῇ οἱ παῖδες τοὺς πατέρας θάπτουσι, ἐν δὲ τῷ οἱ πατέρες τοὺς παῖδας

In [peace], sons bury their fathers, but in [war], fathers bury their sons.

–Herodotus, The Histories, 1.87.4.

Why Republican Libertarianism? III

(This text was written for the European Students for Liberty Regional Conference in Istanbul at Boğaziçi University. I did not deliver the paper, but used it to gather thoughts which I then presented in an improvised speech. As it was quite a long text, I am breaking it up for the purposes of blog presentation)

There is a gap between ancient Athens and classical liberalism, and covering that gap will explain more about the development from antique republics to modern liberty. The trio of major antique republican thinkers mentioned above, Aristotle, Polybius, and Cicero, sets up the tradition. They establish the idea of the best state – polity/politea in Greek, republic/res publica in Latin – as one of hearing political power between groups in the context of shared citizenship and decision making.

For Aristotle, that is the sharing of power between oligarchs (the rich, in practice those wealthy through commerce), aristocrats (the virtuous, in practice the educated land owning classes) and the poor majority. Polybius was a later Greek thinker who admired the Roman republic and Cicero was a Roman aristocrat-philosopher from the last years before the republic gave way to the one-man emperor rule system.

Both use arguments from Aristotle but tend to refer to Sparta rather than Athens as the ideal republic, which indicates the difficulties for antique thought in accepting a commercial and free thinking republic as model. Polybius and Cicero both admire the Roman system because they see it as based on law and on sharing power between the people (citizens’ assembly), the aristocracy (senate), and a monarchical function shared between two year-long co-rulers (consuls).

Their arguments also rest on the idea of the state as military camp. It is interesting to note that Pettit the egalitarian liberal prefers this Roman model to Athens and that Arendt prefers the Athenian model. This suggests that Arendt has something to say to classical liberals and libertarians, though she is rarely taken up within that group, and that egalitarian liberalism is rather caught up in strong state ideas, the state strong enough to force redistribution of economic goods rather than impose extreme military spirit on its citizens, but a strong intervening state.

All three of the ancient republican thinkers had difficulty with the idea of a commercially orientated republic and has some idea of virtue in restraining wealth, though Cicero in particular was staggeringly rich suggesting that ancient republican thought had some difficulty in accommodating commercial spirit, more so than some ancient republics in practice.

There is one major step left in ancient republican thinking which is the account the senator-historian Tacitus, of the early Roman Emperor period, gives of liberty in the simple tribal republics of ancient Germans and Britons. He sees them as based on independence of spirit and a willingness to die for that independence, in a way largely lacking amongst the Romans of that time.

The admiration for such ‘barbarian’ liberty also gives some insight into the difficulty of combining commercial spirit with republicanism in ancient thinking. Wealth is seen as something tied to benefits from the state, state patronage, so reduces independence of the state whether the local state or a foreign invading state.

Republicanism takes the next great step forward when some way of thinking of wealth as existing at least partly independently of state patronage appears. This is what happens in northern Italy from about the thirteenth century. To some degree this Italian republicanism has older roots in the maritime republic of Venice, but the trading wealth is still very tied up with aristocratic status and a rigid aristocratic hold on politics.

It is Florence, which serves as a thirteenth, fourteenth, and fifteenth century Athens, where Italian culture, commercial wealth, and republican thinking all thrive. The cultural greatness goes back to the poet Dante and the republicanism to his tutor Bruno Latini. The really great moment in Florentine republicanism comes in the fifteenth and early sixteenth centuries, though, with Francesco Guicciardini, but mostly with Niccoló Machiavelli.

Commentary on Machiavelli is heavily burdened by the image of Evil Machiavel or at least of Machiavelli the cynical advocate of power politics in The Prince. This is just a completely false image of a man whose ideal was the revival of the Roman republic, not the rule of absolute and absolutely immoral princes.

The supposed wickedness and cynicism of The Prince related to comments on how kings seize and maintain power, in which as far as Machiavelli advocates rather than analyses, he advocates minor acts of political violence. The age of Machiavelli is the age of the Catholic Inquisition torturing heretics and passing them to the state to be burned at the stake, the mass persecution and expulsion of Iberian Jews and Muslims, wars of religion and conquest, which involved systematic and mass destruction of property, torture, rape, and murder.

Those who chose to condemn the ‘wickedness’ of Machiavelli at the time were often those engaged in such activities. Machiavelli’s advice to princes does no more than advocate at the most extreme, very limited amounts of violence to institute and maintain rule, certainly very limited by the standards of the time.

Reading the Laws, Part 2

I am writing this in the shadow of Annapurna II, one of the five peaks of the great mountain, and the first that any trekker will see. Annapurna is roughly at the latitude of Florida, and so even in November, the weather is relatively mild at lower elevations. However, at 11,000 feet, the slightest wind leaves one bitterly cold. Coincidentally, this forced exile from the outside has enabled me to continue my writer’s diary. I apologize for the brevity.

To summarize the foregoing, the nameless Athenian has refuted Klitias the Kretan’s argument, that the firmest foundation of a family is in enmity. For if the Kretan accepts the idea that the role of the lawgiver is to legislate for the highest good of his people, the highest good could never be obtained in a state of enmity, because it would result in the dissolution of the family – the highest evil. The Athenian continues by extrapolating the analogy of the family outwards, to the group, the village, and the state.

628b: The Athenian then brings the argument in the opposite direction: if the nature of man is himself conflicted, in that one part is superior and another inferior, and one will worst the other in a battle over the soul, is not the same true of individuals, groups, and states? Klinias concurs, stating that, as a man is composed of better and lesser parts, so too is a state, namely the noble classes forming the better part, and the lower classes forming the lesser part. Because Klinias has fallen prey to a crass classism, the Athenian catches him in a trap. If it is indeed true that the lower classes are inferior, but nonetheless they win over the noble classes in an intrastate struggle, does this not mean that the victorious state is, in fact, inferior? And the worsted state superior? This contradicts the principle of superiority through victory, since the victors cannot both be inferior and superior at the same time, thereby showing Klinias’ doctrine as contradictory and bankrupt.

628c-628e: Transitioning from this, the Athenian asks, “ἆρα οὖν οὐ τοῦ ἀρίστου ἕνεκα πάντα ἂν τὰ νόμιμα τιθείη πᾶς;” or “So would he [the lawgiver] not in all his laws [notice, τὰ νόμιμα, those things according to custom] aim at the highest good [τοῦ ἀρίστου, the excellent, related to the words ἀρέτη or surpassing excellence, and aristocracy].” The Athenian’s position is eudaimonistic, in that it sees the highest good, whatever it may be, as the ultimate goal of all law, as Aristotle saw it as the ultimate goal of all life. It is worth considering what the highest good could be in this case. Because for “highest good” Plato has written τοῦ ἀρίστου, the genitive form of τό ἀριστόν, the excellent, the particular valence of this word is vitally important. Aristotle saw the exercise of virtue as the highest ἀρέτη, or goodness, leading to the state of ultimate human flourishing, εὐδαιμονία. Aristotle most certainly drew from Plato, but it must be noted, ἀρέτη is much narrower, much more connoting moral goodness, while ἄριστος or τὸ ἄριστον can be the best of anything: the best morality, the best athlete, the best lawgiver. Thus, the highest good of the lawgiver could be amoral, but the Athenians staves off this interpretation by the extrapolation of his family analogy.

For the family, the highest good is the peaceful cooperation of its members, and by extension, so too with the group, the village, the state, and even amongst states. Thus, so far, peace is the highest good, because peace is most conducive to the flourishing of personal and civic excellence. Of course, peace need not be born out of moral considerations. A good peace, speedily and well concluded, is often the pinnacle of good statecraft. A good example of this is Diocletian’s concord with the Persians, after he installed an Armenian upstart on his ancestral throne and routed the Persian forces all the way into Mesopotamia. This peace held for generations, and was a lasting memory of the Illyrian’s illustrious reign. His considerations were certainly not moral, but pragmatic; securing the borders of the empire allowed for the peaceable exercise of commerce, which in turn allowed for Diocletian’s oppressive taxes. Diocletian reflects the Athenian’s injunction, that “ὡσαύτως δὲ καὶ πρὸς πόλεως εὐδαιμονίαν ἢ καὶ ἰδιώτου διανοούμενος οὕτω τις οὔτ’ ἄν ποτε πολιτικὸς γένοιτο ὀρθῶς, πρὸς τὰ ἔξωθεν πολεμικὰ ἀποβλέπων μόνον καὶ πρῶτον, οὔτ’ ἂν νομοθέτης ἀκριβής, εἰ μὴ χάριν εἰρήνης τὰ πολέμου νομοθετοῖ μᾶλλον ἢ τῶν πολεμικῶν ἕνεκα τὰ τῆς εἰρήνης.” or “Just as with regards to the flourishing [εὐδαιμονίαν, a good daimon, or human flourishing] of a city-state and of a private citizen, the man keeping in mind only what concerns war will not become a good statesman, nor a complete lawgiver [the usual translation of ἀκριβής is strict or precise, but I am loosely translating it in the sense of completeness], if he does not lay down laws concerning war with an eye to peace, rather than lay down his laws concerning peace with an eye to war.”

629a-630e: Here the Athenian begins an extended analysis of a poem by the Spartan poet Tyrtaeus, which basically states that regardless of a man’s other virtues, if he is not proficient in war, he does not merit the attention of the poet. The Athenian, along with Klitias and Megillos, declares himself in accord with Tyrtaeus, and then begins his “gentle interrogation” of the poet’s ideas.

First, there are two kinds of wars, no? Civil and foreign. It is assumed that Tyrtaeus praises the warriors of foreign wars, which is probably not far off the mark. Civil wars require military prowess, but they never yield military glory: the famous and comical case of Crassus, throwing himself into the Third Servile War due to insecurity at the glory of his fellow triumvirs Caesar and Pompey, failing to garner even a modest triumph after putting down Spartacus. Civil wars carry no interest, and so it is foreign wars that the poet, and the Athenian, are interested in. Yet, even more than foreign wars, there are foreign wars of great importance: the war against the Persians holds greater weight in the poet’s mind than, say, a border skirmish with some Thracians.

Second, if foreign wars impart glory, but important foreign wars the greatest glory, does it not follow that there is a hierarchy of glory, that “the union of prudence, wisdom, and courage is greater than the presence of courage alone?” That, the unity of virtues is superior to a single virtue? The point of this extended discourse becomes immediately clear when the Athenian continues his point that war, of all things, is not the basis of the state – the virtue of war, courage, is only one of many virtues necessary for the proper functioning of the state. Indeed, even evil and mercenary types can gain glory in war, fighting only for the salary or plunder they will receive, and not for the civic virtue that the lawgiver has venerated. The lawgiver and the poet, in honoring the soldier, honor him as part of the state, but not the core of the state. Thus, we must speak of the lawgiver “ὥσπερ τό τε ἀληθὲς οἶμαι καὶ τὸ δίκαιον ὑπέρ γε θείας διαλεγομένους λέγειν, οὐχ ὡς πρὸς ἀρετῆς τι μόριον, καὶ ταῦτα τὸ φαυλότατον, ἐτίθει βλέπων, ἀλλὰ πρὸς πᾶσαν ἀρετήν, καὶ κατ’ εἴδη ζητεῖν αὐτῶν τοὺς νόμους οὐδ’ ἅπερ οἱ τῶν νῦν εἴδη προτιθέμενοι ζητοῦσιν. οὗ γὰρ ἂν ἕκαστος ἐν χρείᾳ γίγνηται, τοῦτο ζητεῖ νῦν παραθέμενος, ὁ μὲν τὰ περὶ τῶν κλήρων καὶ ἐπικλήρων, ὁ δὲ τῆς αἰκίας πέρι, ἄλλοι δὲ ἄλλ’ ἄττα μυρία τοιαῦτα ἡμεῖς δέ φαμεν εἶναι τὸ περὶ” or “In this way, as what is true and the honorable to say when discussing a divine hero: that he placed the laws not looking only to the welfare of a certain part, and that the most lazy of them, but to the whole excellence, and according to classes created the laws themselves, but not according to those classes which the current propounders created [the laws].” NB: I am unsure what Plato/the Athenian means by the “current propounders.” Perhaps the poets, or the lawgivers, which he had just mentioned, or perhaps it is in reference to some political factions current in his city-state at the time.

Reading the Laws

Correctly interpreting a Platonic dialogue is less a science than an art, one conditioned by many conditions obvious and abstruse. In reading Plato, we must keep in mind the time in which the dialogue was supposedly written, for such will help us determine whether Plato wrote in the mold of his teacher Socrates, or according to the dictates of his own ruling reason. We must keep in mind the structure of the dialogue, which unlike a treatise, is ended not by a logical summation of the foregoing argument, but by mundane occurrences such as the break of day, or the calling of a friend; which does not explicitly endorse a single opinion, but plays with multiple viewpoints; which may be written ironically or seriously; and which gains great meaning from its setting and its cast of characters, which are never unintentional but always carefully chosen. We must keep in mind that the Ancient Greek language, which had a literary life in excess of 1500 years, possesses far greater shades of meaning than does Modern English, and that the translation we have recourse to is invariably imperfect, and must always be corrected by frequent and prudent retreats to the original text.

With requisite humbleness, and bearing these thoughts in mind, I will attempt to elucidate some things as I read through Plato’s “Laws,” the more mature fruit of the great philosopher’s mind, but the less widely read in comparison to his magnum opus, “The Republic.” As I have not completely read the Laws as of this first writing, this will be more of a reader’s diary than a fully-fledged analysis. Unless otherwise noted, I have furnished all the translations myself. Perhaps at the end of my enquiry I will tie together my thoughts, but as of now, I will limit myself strictly to what I have read up to this point. Throughout, I will refer to portions of the text according to the accepted notation, as I have a digital rather than a print edition at my disposal.

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624a-625b: In every literary work, the first and last words, or the opening and closing lines, are extremely important. They act as the brackets of a literary work, in which everything is contained, thereby crafting the tone of all therein. The greatest example of this is Homer’s Iliad, which begins with the accursed and divine wrath of Achilles, “μῆνιν ἄειδε θεά Πηληῑάδεω Ἀχιλλῆος οὐλομενήν,” and ends with that wrath’s natural result, the destruction of Troy’s greatest hero, Hektor: “ὣς οἵ γ’ ἀμφίεπον τάφον Ἕκτορος ἱπποδάμοιο,” or “and so was the funeral of Hektor, tamer of horses.”

In similar fashion, Plato frames the beginning of his dialogue with a most important but also peculiar question: “θεὸς ἤ τις ἀνθρώπων ὑμῖν, ὦ ξένοι, εἴληφε τὴν αἰτίαν τῆς τῶν νόμων διαθέσεως;” or “Was it a god, or some man, o strangers, to whom you ascribe the origin of the ordering of your laws?” Here, Plato does not concern himself with what the best laws are, or what they should be, but rather who has given them. The words he chooses have an interesting meaning. Αἰτία has the sense of responsibility or guilt, and thus a rather negative connotation, in its earliest Homeric usages, and this usage tends to predominate in all except philosophy, where it has the denotation of a cause or an originating point. Whether Plato is playing off both meanings, or whether he means only the later, is hard to say. Διαθέσις is a compound of the prefix διά meaning by or through, and the noun form of the verb τίθημι, to place, so it is literally a “placing through,” an ordering. Finally, νομός is generally translated as law, but has a much more expansive meaning than the English term, encompassing notions of custom, religious propriety, and overall civic life. When Socrates is arguing with his disciples about whether to flee, or to die in his cell, he invokes the specter of the Laws personified, reproaching him for abandoning his duty to protect and uphold them, as they have protected and upheld him: these are the νομοί. Laws are not something that merely govern a polity, they create, maintain, and nurture such a polity. Taken together, Plato is not just asking who has laid down a set of laws, but who was it, a singular human being or a force of nature, that created the entire basis for your civic life? Who was it that set in motion the entire apparatus of your society?

Here, the speaker is not identified except by the demonym Ἀθηναῖος, Athenian. He mimics the role of Socrates in many Platonic dialogues, and indeed engages in the same process of elenchos, but is here considered only as an avatar of Platonic thought. His two interlocutors, Klinias and Megillos, come from Crete and Lakedaimon respectively, and are treated as representatives of their constitutional arrangements. They find each other as strangers on the road to Knossos, where they are all heading to the temple of Zeus for some religious function. The Athenian suggests a discourse, befitting their age and mental alacrity, on the nature of law. Aping the pilgrimage of the mythic king Minos, who would travel every nine years to this very shrine for the purpose of receiving instruction from Zeus on the law, the other two heartily agree to the suggestion.

Plato’s first invocation, and the setting of his dialogue, readily complement each other. The first asks whether the law comes from man or from a god, while the second seemingly answers in favor of the gods, set as it is in direct apposition with Minos’ nine year journey to Zeus himself. Law, and all its attendant meanings, seems to spring from divine reason rather than human craftsmanship.

625c-627b: Of course, this is immediately overthrown when the Athenian asks Klinias to explain his Cretan customs. The warlike nation is so only because of the providence of the lawgiver, who saw “ἄνοιαν δή μοι δοκεῖ καταγνῶναι τῶν πολλῶν ὡς οὐ μανθανόντων ὅτι πόλεμος ἀεὶ πᾶσιν διὰ βίου συνεχής ἐστι πρὸς ἁπάσας τὰς πόλεις,” or “In my opinion, he [the lawgiver] condemned the lack of understanding amongst the masses, as not knowing that war against all states is always a lifelong vocation for all people.” Furthermore, “ἣν γὰρ καλοῦσιν οἱ πλεῖστοι τῶν ἀνθρώπων εἰρήνην, τοῦτ’ εἶναι μόνον ὄνομα, τῷ δ’ ἔργῳ πάσαις πρὸς πάσας τὰς πόλεις ἀεὶ πόλεμον ἀκήρυκτον κατὰ φύσιν εἶναι,” or “For the multitude of men call peace, to be just that name, and every state is, according to nature, involved in a perpetual informal war with every other state.”

The Athenian interprets this philosophy as follows: the properly organized state is one in which the laws, civic practices, and religious ordinances are oriented to ensure victory through force of arms, “δοκεῖς μοι λέγειν οὕτω κεκοσμημένην οἰκεῖν δεῖν, ὥστε πολέμῳ νικᾶν τὰς ἄλλας πόλεις.” The Cretan agrees, whereby the Athenian shows him the folly of his ways through a reductio. If states are always at war with other states, then this implies that the constituents of states are always at war with the other constituents of that state, for it would be strange to say that the behavior of a large group is violent according to nature, but the behavior of smaller groups is not. The Cretan concedes, and the Athenian continues by saying that if state will fight state, and group group, then why not individual and individual? Or even further, an individual within himself? The Athenian then brings the argument in the opposite direction: if the nature of man is himself conflicted, in that one part is superior and another inferior, and one will worst the other in a battle over the soul, is not the same true of individuals, groups, and states? Klinias concurs, stating that, as a man is composed of better and lesser parts, so too is a state, namely the noble classes forming the better part, and the lower classes forming the lesser part. Because Klinias has fallen prey to a crass classism, the Athenian catches him in a trap. If it is indeed true that the lower classes are inferior, but nonetheless they win over the noble classes in an intrastate struggle, does this not mean that the victorious state is, in fact, inferior? And the worsted state superior? This contradicts the principle of superiority through victory, since the victors cannot both be inferior and superior at the same time, thereby showing Klinias’ doctrine as contradictory and bankrupt.

Plato through the mouthpiece of the Cretan articulates a Hobbesian picture of human nature, where all are stained red with the blood of their compatriots and enemies alike, and such is not an evil, but indeed the flower of a nation’s laws properly organized by a lawgiver, in this case, the Gods themselves. Anyone familiar with the Euthyphro might chuckle here, for in that dialogue Socrates skillfully showed how a conflicting pantheon of gods could never be true moral arbiters, for their laws are always sunk in a morass of contradiction. It is dangerous to ascribe to the early Plato and his Socratic mouthpiece the same opinions as the late Plato here, but the parallel seems striking nonetheless. It is also strengthened by the Athenian’s victory over Klinias in this contest of wits.

627c-628a: The Athenian brings home the thrust of his argument by reorienting the idea of a proper state introduced by Klinias earlier, viz. as a ragged collection of armed militants, constantly seeking to kill or usurp the other, instead asking his interlocutors to consider the state through the metaphor of the family. Here, the Athenian is implicitly asking us, the readers, to consider a proper state not as a collection of individuals, but as a corporate unit that should act in concert for the mutual benefit of all. If we think back to the earlier metaphor of the state, group, and individual red in tooth and claw, they were conceived not as unified groups, but as individuals looking solely to their own gain. This defies the very definition of νομοί, which depend on mutual civic engagement, and also was exposed by the Athenian as an absurdity of logic, as it was exposed later by Hobbes as an absurdity of reason.

With this new metaphor of a family of warring brothers, the Athenian presents us with a new situation: the members of a single group quarrel with each other, and because they will fall into the absurdities of individual conflict, they require an arbitrator who is above them, a judge. The Athenian presents three choices: “πότερος οὖν ἀμείνων, ὅστις τοὺς μὲν ἀπολέσειεν αὐτῶν ὅσοι κακοί, τοὺς δὲ βελτίους ἄρχειν αὐτοὺς αὑτῶν προστάξειεν, ἢ ὅδε ὃς ἂν τοὺς μὲν χρηστοὺς ἄρχειν, τοὺς χείρους δ’ ἐάσας ζῆν ἄρχεσθαι ἑκόντας ποιήσειεν; τρίτον δέ που δικαστὴν πρὸς ἀρετὴν εἴπωμεν, εἴ τις εἴη τοιοῦτος ὅστις παραλαβὼν συγγένειαν μίαν διαφερομένην, μήτε ἀπολέσειεν μηδένα, διαλλάξας δὲ εἰς τὸν ἐπίλοιπον χρόνον, νόμους αὐτοῖς θείς, πρὸς ἀλλήλους παραφυλάττειν δύναιτο ὥστε εἶναι φίλους,” or “So, which of the two is better, one who destroyed all the wicked of them [the brothers], and appointed the good ones to rule themselves, or one who would appoint the good to rule, and allowing the wicked to live, made them willingly submit? But there is a third we must mention, best according to excellence, if such a one could be found among them, who would not destroy anyone, but in dealing with a future time, would give them laws, and have the power to ensure that each of them is able to live in amity.”

Both Klitias and Megillos agree that the third judge is by far the best, for he is able through the use of his art to avoid unnecessary bloodshed, and thus ensure a lasting peace. Thus, the goal of laws is not to inflame the martial passions of individuals, villages, groups, or states, but rather to cool them, and thereby create the basis for concord between moral actors. Plato does not deny that animosities exist between people, or even that the basis of Klitias’ philosophy is wrong. Rather, he argues that his conclusions are wrong: that the existence of a state according to nature is not a sanction for its continuance; that life by the sword is not the foundation of proper law, but rather the reason for law’s existence, and the object of its restrictions; that unbridled individualism is inferior to the moderation of a wise judge, or set of laws.

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This is all the work I have energy for at the moment. After a harrowing three day journey on bone-rattling mountain roads, I made it to Pokhara, a backpacker’s Shangri La in the foothills of Annapurna. Tomorrow I will tackle the famed Annapurna Circuit, and hopefully will be able to blog more on this fascinating book from one of the tea houses there. Until then, χαίρετε!