To this definite accusation that he led sons into disobedience to their parents, Socrates replied by asking the question whether in selecting men for public offices, such as that of general, parents, or those experienced in war, were selected. Similarly in all cases those most skilful in an art or science are picked out. He demanded whether it was not matter of astonishment that he should be brought before a judge because he was preferred to parents by the sons in their aspirations after the highest human good which is to be made a noble man.[140] This reply of Socrates is, on the one hand, quite just, but we see at the same time that we cannot call it exhaustive, for the real point of the accusation is not touched. What his judges found unjust was the intrusion morally of a third into the absolute relation between parents and children. On the whole not much can be said on this point, for all depends on the mode of intervention, and if it is necessary in certain cases, it need not take place generally, and least of all when some private individual takes that liberty. Children must have the feeling of unity with their parents; this is the first immediately moral relationship; every teacher must respect it, keep it pure, and cultivate the sense of being thus connected. Hence when a third person is called into this relation between parents and children, what happens through the new element introduced, is that the children are for their own good prevented from confiding in their parents, and made to think that their parents are bad people who harm them by their intercourse and training; and hence we find this revolting. The worst thing which can happen to children in regard to their morality and their mind, is that the bond which must ever be held in reverence should become loosened or even severed, thereby causing hatred, disdain, and ill-will. Whoever does this, does injury to morality in its truest form. This unity, this confidence, is the mother’s milk of morality on which man is nurtured; the early loss of parents is therefore a great misfortune. The son, like the daughter, must indeed come out of his natural unity with the family and become independent, but the separation must be one which is natural or unforced, and not defiant and disdainful. When a pain like this has found a place in the heart, great strength of mind is required to overcome it and to heal the wound. If we now speak of the example given us by Socrates, he seems, through his intervention, to have made the young man dissatisfied with his position. Anytus’ son might, indeed, have found his work generally speaking uncongenial, but it is another thing when such dislike is brought into consciousness and established by the authority of a man such as Socrates. We may very well conjecture that if Socrates had to do with him, he strengthened and developed in him the germ of the feeling of incongruity. Socrates remarked on the subject of his capacities, saying that he was fit for something better, and thus established a feeling of dissatisfaction in the young man, and strengthened his dislike to his father, which thus became the reason of his ruin. Hence this accusation of having destroyed the relationship of parents and children may be regarded as not unfounded, but as perfectly well established. It was also thought very bad in Socrates’ case particularly, and made a matter of reproach that he had such followers as Critias and Alcibiades, who brought Athens almost to the brink of ruin (supra, p. 421). For when he mixed himself in the education which others gave their children, men were justified in the demand that the result should not belie what he professed to do for the education of youth.
The only question now is, how the people came to take notice of this, and in how far such matters can be objects of legislation and be brought into court. In our law, as regards the first part of the accusation, divination such as Cagliostro’s is illegal, and it would be forbidden as it formerly was by the Inquisition. Respecting the second point, such a moral interference is no doubt more recognized with us, where there is a particular office having this duty laid upon it; but this interference must keep itself general, and dare not go so far as to call forth disobedience to parents, which is the first immoral principle. But should such questions come before the court? This first of all brings up the question of what is the right of the State, and here great laxity is now allowed. Nevertheless, when some professor or preacher attacks a particular religion, the legislature would certainly take notice of it, and it would have a complete right to do so, although there would be an outcry when it did it. There is undoubtedly a limit which in liberty of thought and speech is difficult to define and rests on tacit agreement; but there is a point beyond which we find what is not allowed, such as direct incitement to insurrection. It is indeed said, that “bad principles destroy themselves by themselves and find no entrance.” But that is only true in part, for with the populace the eloquence of sophistry stirs up their passions. It is also said, “This is only theoretic, no action follows.” But the State really rests on thought, and its existence depends on the sentiments of men, for it is a spiritual and not a physical kingdom. Hence it has in so far maxims and principles which constitute its support, and if these are attacked, the Government must intervene. Added to this, it was the case that in Athens quite a different state of things was present than with us; in order to be able to judge rightly of Socrates’ case we must first consider the Athenian State and its customs. According to Athenian laws, i.e. according to the spirit of the absolute State, both these things done by Socrates were destructive of this spirit, while in our constitution the universal of the states is a stronger universal, which last undoubtedly permits of individuals having freer play, since they cannot be so dangerous to this universal. Hence it would undoubtedly in the first place mean the subversion of the Athenian State, if this public religion on which everything was built and without which the State could not subsist, went to pieces; with us the State may be called an absolute and independent power. The Dæmon is now, in fact, a deity differing from any known, and because it stood in contradiction to the public religion, it gave to it a subjective arbitrariness. But since established religion was identified with public life so closely that it constituted a part of public law, the introduction of a new god who formed self-consciousness into a principle and occasioned disobedience, was necessarily a crime. We may dispute with the Athenians about this, but we must allow that they are consistent. In the second place, the moral connection between parents and children is stronger, and much more the moral foundation of life with the Athenians than with us, where subjective freedom reigns; for family piety is the substantial key-note of the Athenian State. Socrates thus attacked and destroyed Athenian life in two fundamental points; the Athenians felt and became conscious of it. Is it then to be wondered at that Socrates was found guilty? We might say that it had to be so. Tennemann (Vol. II., p. 41) says: “Though these charges contained the most palpable untruths, Socrates was condemned to death because his mind was too lofty for him to descend to the common unworthy means, by which the judgment of the court was usually perverted.” But all this is false; he was found guilty of these deeds, but not for that reason condemned to death.
b. We here come to the second occurrence in his history. In accordance with Athenian laws, the accused had, after the Heliasts (resembling the English jury) pronounced him guilty, the liberty of suggesting (ἀντιτιμᾶσθαι) a penalty different from the punishment which the accuser proposed; this implied a mitigation of the punishment without a formal appeal—an excellent provision in Athenian law, testifying to its humanity. In this penalty the punishment in itself is not brought into question, but only the kind of punishment; the judges had decided that Socrates deserved punishment. But when it was left to the accused to determine what his punishment should be, it might not be arbitrary, but must be in conformity with the crime, a money or bodily punishment (ὄ, τι χρὴ παθεῖν ἢ ἀποτῖθαι).[141] But it was implied in the guilty persons constituting himself his own judge, that he submitted himself to the decision of the court and acknowledged himself to be guilty. Now Socrates declined to assign a punishment for himself consisting either of fine or banishment, and he had the choice between these and death, which his accusers proposed. He declined to choose the former punishment because he, according to Xenophon’s account (Apol. Socr. § 23), in the formality of the exchange-penalty (τὸ ὐποτιμᾶσθαι), as he said, would acknowledge guilt; but there was no longer any question as to the guilt, but only as to the kind of punishment.
This silence may indeed be considered as moral greatness, but, on the other hand, it contradicts in some measure what Socrates says later on in prison, that he did not wish to flee, but remained there, because it seemed better to the Athenians and better to him to submit to the laws (Vol. I., p. 342). But the first submission would have meant that as the Athenians had found him guilty, he respected this decision, and acknowledged himself as guilty. Consistently he would thus have held it better to impose his punishment, since thereby he would not only have submitted himself to the laws, but also to the judgment. We see in Sophocles (Antig. verses 925, 926), the heavenly Antigone, that noblest of figures that ever appeared on earth, going to her death, her last words merely stating—
“If this seems good unto the gods,
Suffering, we may be made to know our error.”
Pericles also submitted himself to the judgment of the people as sovereign; we saw him (Vol. I., p. 328) going round the citizens entreating for Aspasia and Anaxagoras. In the Roman Republic we likewise find the noblest men begging of the citizens. There is nothing dishonouring to the individual in this, for he must bend before the general power, and the real and noblest power is the people. This acknowledgment the people must have direct from those who raise themselves amongst them. Here, on the contrary, Socrates disclaims the submission to, and humiliation before the power of the people, for he did not wish to ask for the remission of his punishment. We admire in him a moral independence which, conscious of its own right, insists upon it and does not bend either to act otherwise, or to recognize as wrong what it itself regards as right. Socrates hence exposed himself to death, which could not be regarded as the punishment for the fault of which he was found guilty; for the fact that he would not himself determine the punishment, and thus disdained the juridical power of the people, was foremost in leading to his condemnation. In a general way he certainly recognized the sovereignty of the people, but not in this individual case; it has, however, to be recognized, not only in general, but in each separate case. With us the competency of the court is presupposed, and the criminal judged without further ado; to-day the whole matter is also open to the light of day and accepted as an acknowledged fact. But with the Athenians we find the characteristic request that the prisoner should, through the act of imposing on himself a penalty, sanction the judge’s sentence of guilt. In England this is certainly not the case, but there still remains a like form of asking the accused by what law he wishes to be judged. He then answers, by the law of the land and by the judges of his country. Here we have the recognition of legal operations.
Socrates thus set his conscience in opposition to the judges’ sentence, and acquitted himself before its tribunal. But no people, and least of all a free people like the Athenians, has by this freedom to recognize a tribunal of conscience which knows no consciousness of having fulfilled its duty excepting its own consciousness. To this government and law, the universal spirit of the people, may reply: “If you have the consciousness of having done your duty, we must also have the consciousness that you have so done.” For the first principle of a State is that there is no reason or conscience or righteousness or anything else, higher than what the State recognizes as such. Quakers, Anabaptists, &c., who resist any demands made on them by the State, such as to defend the Fatherland, cannot be tolerated in a true State. This miserable freedom of thinking and believing what men will, is not permitted, nor any such retreat behind personal consciousness of duty. If this consciousness is no mere hypocrisy, in order that what the individual does should be recognized as duty, it must be recognized as such by all. If the people can make mistakes the individual may do so much more easily, and he must be conscious that he can do this much more easily than the people. Now law also has a conscience and has to speak through it; the law-court is the privileged conscience. Now if the miscarriage of justice in a trial is shown by every conscience clamouring for something different, the conscience of the court alone possesses any value as being the universal legalized conscience, which does not require to recognize the particular conscience of the accused. Men are too easily convinced of having fulfilled their duty, but the judge finds out whether duty is in fact fulfilled, even if men have the consciousness of its being so.
We should expect nothing else of Socrates than that he should go to meet his death in the most calm and manly fashion. Plato’s account of the wonderful scene his last hours presented, although containing nothing very special, forms an elevating picture, and will be to us a permanent representation of a noble deed. The last dialogue of Plato is popular philosophy, for the immortality of the soul is here first brought forward; yet it brings no consolation, for, as Homer makes Achilles say in the nether world, he would prefer to be a ploughboy on the earth.
But though the people of Athens asserted through the execution of this judgment the rights of their law as against the attacks of Socrates, and had punished the injury caused to their moral life by Socrates, Socrates was still the hero who possessed for himself the absolute right of the mind, certain of itself and of the inwardly deciding consciousness, and thus expressed the higher principle of mind with consciousness. Now because, as has been said, this new principle by effecting an entrance into the Greek world, has come into collision with the substantial spirit and the existing sentiments of the Athenian people, a reaction had to take place, for the principle of the Greek world could not yet bear the principle of subjective reflection. The Athenian people were thus, not only justified, but also bound to react against it according to their law, for they regarded this principle as a crime. In general history we find that this is the position of the heroes through whom a new world commences, and whose principle stands in contradiction to what has gone before and disintegrates it: they appear to be violently destroying the laws. Hence individually they are vanquished, but it is only the individual, and not the principle, which is negated in punishment, and the spirit of the Athenian people did not in the removal of the individual, recover its old position. The false form of individuality is taken away, and that, indeed, in a violent way, by punishment; but the principle itself will penetrate later, if in another form, and elevate itself into a form of the world-spirit. This universal mode in which the principle comes forth and permeates the present is the true one; what was wrong was the fact that the principle came forth only as the peculiar possession of one individual. His own world could not comprehend Socrates, but posterity can, in as far as it stands above both. It may be conceived that the life of Socrates had no need to have such an end, for Socrates might have lived and died a private philosopher, and his teaching might have been quietly accepted by his disciples, and have spread further still without receiving any notice from State or people; the accusation thus would seem to have been contingent. But it must be said that it was through the manner of that event that this principle became so highly honoured. The principle is not merely something new and peculiar to itself, but it is an absolutely essential moment in the self-developing consciousness of self which is designed to bring to pass as a totality, a new and higher actuality. The Athenians perceived correctly that this principle not only meant opinion and doctrine, for its true attitude was that of a direct and even hostile and destructive relation to the actuality of the Greek mind; and they proceeded in accordance with this perception. Hence, what follows in Socrates’ life is not contingent, but necessarily follows upon his principle. Or the honour of having recognized that relation, and indeed of having felt that they themselves were tinged with this principle, is due to the Athenians.
c. The Athenians likewise repented of their condemnation of Socrates, and punished some of his accusers with death itself, and others with banishment; for according to Athenian laws, the man who made an accusation, and whose accusation was found to be false, usually underwent the same punishment that otherwise the criminal would have borne. This is the last act in this drama. On the one hand the Athenians recognized through their repentance the individual greatness of the man; but on the other (and this we find by looking closer) they also recognized that this principle in Socrates, signifying the introduction of new gods and disrespect to parents, has—while destructive and hostile to it—been introduced even into their own spirit, and that they themselves are in the dilemma of having in Socrates only condemned their own principle. In that they regretted the just judgment of Socrates, it seems to be implied that they wished that it had not occurred. But from the regret it does not follow that in itself it should not have occurred, but only that it should not have happened for their consciousness. Both together constitute the innocence which is guilty and atones for its guilt; it would only be senseless and despicable if there were no guilt. An innocent person who comes off badly is a simpleton; hence it is a very flat and uninteresting matter when tyrants and innocent persons are represented in tragedies, just because this is an empty contingency. A great man would be guilty and overcome the great crisis that ensues; Christ thus gave up his individuality, but what was brought forth by him remained.