larvatus: (MZ)
Das Ziel des Rechts ist der Friede, das Mittel dazu der Kampf. So lange das Recht sich auf den Angriff von Seiten des Unrechts gefasst halten muss–und dies wird dauern, so lange die Welt steht–wird ihm der Kampf nicht erspart bleiben. Das Leben des Rechts ist Kampf, ein Kampf der Völker–der Staatsgewalt–der Stände–der Individuen.
    Alles Recht in der Welt ist erstritten worden, jeder wichtige Rechtssatz hat erst denen, die sich ihm widersetzten, abgerungen werden müssen, und jedes Recht, sowohl das Recht eines Volkes wie das eines Einzelnen, setzt die stetige Bereitschaft zu seiner Behauptung voraus. Das Recht ist nicht blosser Gedanke, sondern lebendige Kraft. Darum führt die Gerechtigkeit, die in der einen Hand die Wagschale hält, mit der sie das Recht abwägt, in der andern das Schwert, mit dem sie es behauptet. Das Schwert ohne die Wage ist die nackte Gewalt, die Wage ohne das Schwert die Ohnmacht des Rechts. Beide gehören zusammen, und ein vollkommener Rechtszustand herrscht nur da, wo die Kraft, mit der die Gerechtigkeit das Schwert führt, der Geschicklichkeit gleichkommt, mit der sie die Wage handhabt.
    Recht ist unausgesetzte Arbeit und zwar nicht etwa bloss der Staatsgewalt, sondern des ganzen Volkes. Das gesammte Leben des Rechts, mit einem Blicke überschaut, vergegenwärtigt uns dasselbe Schauspiel rastlosen Ringens und Arbeitens einer ganzen Nation, das ihre Thätigkeit auf dem Gebiete der ökonomischen und geistigen Produktion gewährt. Jeder Einzelne, der in die Lage kommt, sein Recht behaupten zu müssen, übernimmt an dieser nationalen Arbeit seinen Antheil, trägt sein Scherflein bei zur Verwirklichung der Rechtsidee auf Erden.
    Freilich nicht an Alle tritt diese Anforderung gleichmässig heran. Unangefochten und ohne Anstoss verläuft das Leben von Tausenden von Individuen in den geregelten Bahnen des Rechts, und würden wir ihnen sagen: Das Recht ist Kampf – sie würden uns nicht verstehen, denn sie kennen dasselbe nur als Zustand des Friedens und der Ordnung. Und vom Standpunkt ihrer eigenen Erfahrung haben sie vollkommen Recht, ganz so wie der reiche Erbe, dem mühelos die Frucht fremder Arbeit in den Schoos gefallen ist, wenn er den Satz: Eigenthum ist Arbeit, in Abrede stellt. Die Täuschung Beider hat ihren Grund darin, dass die zwei Seiten, welche sowohl das Eigenthum wie das Recht in sich schliessen, subjectiv in der Weise auseinanderfallen können, dass dem Einen der Genuss und der Friede, dem Andern die Arbeit und der Kampf zu Theil wird.
    Das Eigenthum wie das Recht ist eben ein Januskopf mit einem Doppelantlitz; Einigen kehrt er bloss die eine Seite, Andern bloss die andere Seite zu, daher die völlige Verschiedenheit des Bildes, das beide von ihm empfangen. In Bezug auf das Recht gilt dies wie von einzelnen Individuen, so auch von ganzen Zeitaltern. Das Leben des einen ist Krieg, das Leben des andern Friede, und die Völker sind durch diese Verschiedenheit der subjectiven Vertheilung beider ganz derselben Täuschung ausgesetzt, wie die Individuen. Eine lange Periode des Friedens – und der Glaube an den ewigen Frieden steht in üppigster Blüthe, bis der erste Kanonenschuss den schönen Traum verscheucht, und an die Stelle eines Geschlechts, das mühelos den Frieden genossen hat, ein anderes tritt, welches sich ihn durch die harte Arbeit des Krieges erst wieder verdienen muss. So vertheilt sich beim Eigenthum wie beim Recht Arbeit und Genuss, aber für den Einen, der geniesst und im Frieden dahinlebt, hat ein Anderer arbeiten und kämpfen müssen. Der Frieden ohne Kampf, der Genuss ohne Arbeit gehören der Zeit des Paradieses an, die Geschichte kennt beide nur als Resultate unablässiger, mühseliger Anstrengung.
    Diesen Gedanken, dass der Kampf die Arbeit des Rechts ist und in Bezug auf seine praktische Nothwendigkeit sowohl wie seine ethische Würdigung auf dieselbe Linie mit der Arbeit beim Eigenthum zu stellen ist, gedenke ich im Folgenden weiter auszuführen. Ich glaube damit kein überflüssiges Werk zu thun, im Gegentheil eine Unterlassungssünde gut zu machen, die sich unsere Theorie (ich meine nicht bloss die Rechtsphilosophie, sondern auch die positive Jurisprudenz) hat zu Schulden kommen lassen. Man merkt es unserer Theorie nur zu deutlich an, dass sie sich mehr mit der Wage als mit dem Schwert der Gerechtigkeit zu beschäftigen hat; die Einseitigkeit des rein wissenschaftlichen Standpunktes, von dem aus sie das Recht betrachtet, und der sich kurz dahin zusammenfassen lässt, dass er ihr das Recht weniger von seiner realistischen Seite als Machtbegriff, als vielmehr von seiner logischen Seite als System abstracter Rechtssätze vor Augen führt, hat meines Erachtens ihre ganze Auffassung vom Recht in einer Weise beeinflusst, wie sie zu der rauhen Wirklichkeit des Rechts gar wenig stimmt – ein Vorwurf, für den der Verlauf meiner Darstellung es an Belegen nicht fehlen lassen wird.
    –Rudolph von Jhering, Der Kampf um's Recht, 1884
The end of the law is peace. The means to that end is war. So long as the law is compelled to hold itself in readiness to resist the attacks of wrong—and this it will be compelled to do until the end of time—it cannot dispense with war. The life of the law is a struggle,—a struggle of nations, of the state power, of classes, of individuals.
    All the law in the world has been obtained by strife. Every principle of law which obtains had first to be wrung by force from those who denied it; and every legal right—the legal rights of a whole nation as well as those of individuals—supposes a continual readiness to assert it and defend it. The law is not mere theory, but living force. And hence it is that Justice which, in one hand, holds the scales, in which she weighs the right, carries in the other the sword with which she executes it. The sword without the scales is brute force, the scales without the sword is the impotence of law. The scales and the sword belong together, and the state of the law is perfect only where the power with which Justice carries the sword is equalled by the skill with which she holds the scales.
    Law is an uninterrupted labor, and not of the state power only, but of the entire people. The entire life of the law, embraced in one glance, presents us with the same spectacle of restless striving and working of a whole nation, afforded by its activity in the domain of economic and intellectual production. Every individual placed in a position in which he is compelled to defend his legal rights, takes part in this work of the nation, and contributes his mite towards the realization of the idea of law on earth.
    Doubtless, this duty is not incumbent on all to the same extent. Undisturbed by strife and without offense, the life of thousands of individuals passes away, within the limits imposed by the law to human action; and if we were to tell them: The law is a warfare, they would not understand us, for they know it only as a condition of peace and of order. And from the point of view of their own experience they are entirely right, just as is the rich heir into whose lap the fruit of the labor of others has fallen, without any toil to him, when he questions the principle: property is labor. The cause of the illusion of both is that the two sides of the ideas of property and of law may be subjectively separated from each other in such a manner that enjoyment and peace become the part of one, and labor and strife of the other. If we were to address ourselves to the latter, he would give us an entirely opposite answer.
    And, indeed, property, like the law, is a Janus-head with a double face. To some it turns only one side, to others only the other; and hence the difference of the picture of it obtained by the two. This, in relation to the law, applies to whole generations as well as to single individuals. The life of one generation is war, of another peace; and nations, in consequence of this difference of subjective division, are subject to the same illusion precisely as individuals. A long period of peace, and, as a consequence thereof, faith in eternal peace, is richly enjoyed, until the first gun dispels the pleasant dream, and another generation takes the place of the one which had enjoyed peace without having had to toil for it, another generation which is forced to earn it again by the hard work of war. Thus in property and law do we find labor and enjoyment distributed. But the fact that they belong together does not suffer any prejudice in consequence. One person has been obliged to battle and to labor for another who enjoys and lives in peace. Peace without strife, and enjoyment without work, belong to the days of Paradise. History knows both only as the result of painful, uninterrupted effort.
    That, to struggle, is, in the domain of law, what to labor, is, in that of economy, and, that, in what concerns its practical necessity as well as its moral value, that struggle is to be placed on an equal footing with labor in the case of property, is the idea which I propose to develop further below. I think that in so doing I shall be performing no work of supererogation, but, on the contrary, that I shall be making amends for a sin of omission which may rightly be laid at the door of our theory of law; and not simply at the door of our philosophy of law, but of our positive jurisprudence also. Our theory of law, it is only too easy to perceive, is busied much more with the scales than with the sword of Justice. The one-sidedness of the purely scientific standpoint from which it considers the law, looking at it not so much as it really is, as an idea of force, but as it is logically, a system of abstract legal principles, has, in my opinion, impressed on its whole way of viewing the law, a character not in harmony with the bitter reality. This I intend to prove.
    –Rudolph von Jhering, The Struggle for Law, translated by John J. Lalor, 1915
larvatus: (rock)

—for Carlo Ginzburg

1.

In his comparison of poetry to history, Aristotle points out that their difference is not one between verse and prose. After all, the writings of Herodotus would be a species of history with meter no less than without it. The real difference that distinguishes them is between telling what might be and what has been. Notoriously, the Stagirite takes this distinction for the reason why poetry is more scientific [philosophôteron] and more serious [spoudaioteron] than history. For poetry tells of general truths, which is the sort of thing that a certain type of man will do or say either probably or necessarily [to eikos ê to anankaion]. By contrast, history tells of particular facts such as what Alcibiades did or suffered [epraxen ê ti epathen].[i]

Yet as Aristotle inaugurates philosophy with his account of general truths pertaining to the words and deeds of a certain type of man, his teacher Plato by these lights counts for no less of a poet without meter, than he might have appeared with it. Let us bear in mind Aristotle’s contrast in the following exploration of two poetic archetypes, Socrates and Gorgias, in their dramatic debate about the virtues of rhetoric. Their wrangle recorded in Plato’s Gorgias, and the techniques of Thucydides’ History of the Peloponnesian War, will ground this inquiry into the relation of rhetoric to reason.

2.

Myles Burnyeat summarized his account of Aristotle on the rationality of rhetoric in the form of question and answer: “We would like to know under what conditions it is appropriate for a speaker to advance, and for the audience to accept, a sign argument that is deductively invalid? The only answer we get from the Rhetoric is: when it is convincing.”[ii] For Socrates, this answer will not do. Nothing short of certainty will satisfy him. He engages in arguments by alternating between the roles of the speaker and his audience. He aims to reveal hitherto unrecognized errors to his interlocutors, by guiding them to infer contradictions from their theses or to deduce their antitheses. He has no use for conviction unwarranted by indisputable demonstration. In Socratic dialectic, only valid arguments are worth being advanced and accepted, and their advancement and acceptance are warranted only in the pursuit of just ends. Socrates conveys his dialectic reasoning through a technique of maieutics, his service to his interlocutors’ ideas being a counterpart to a midwife assisting childbirth. He coaxes conscious understanding from latent ideas in the course of a dialogue conducted as a series of pointed questions and brief answers. The progress of this dialogue depends on achieving unshakeable consensus on each successive point. This elenctic protocol allows discovery through reconciling or choosing between competing viewpoints. By following it, Socrates aims to achieve mutual understanding through stepwise accrual of agreement. In the ideal case, a mathematical proof ensures absolute certainty.[iii]

In his historical conduct, Gorgias the sophist neither restricted his means of persuasion to demonstrative, geometric reasoning, nor imposed moral constraints on its aims.[iv] Although in his Apology, Plato has Socrates name Gorgias of Leontini alongside Prodicus of Ceos and Hippias of Eos as sophists, or commercial purveyors of wisdom, the eponymous character in Gorgias modestly identifies himself as a rhetorician, in setting out to praise the role of rhetoric in society.[v] Associating his trade with liberty and power in a democracy, he defines rhetoric as an art of speeches [logoi] that aim to produce persuasion regarding the just and unjust.[vi] Rhetorical speeches are about the greatest and the best human affairs, which is the cause of freedom for men and the basis of rule over others in their city. They are equally fit to persuade judges in a law court, senators in the Council chamber, assemblymen in the Assembly, and the multitude in common political gatherings.[vii]

In fact, rhetorical ability counted for a great deal in the functioning of Athenian democracy. Most men active in politics sought training, and vied for recognition, as orators. In the best public venues, rhetoric was recognized as the discipline most suited for directing human affairs.[viii] But high demand inspired suspicion. By stressing the nature of rhetoric as an instrument of persuasion, Gorgias lays himself open to the charge that rhetoric aims at belief without knowledge. His examples of Themistocles and Pericles aggravate this weakness. The Long Walls were built to link Athens securely to its harbors at Piraeus and Phalerum. The passage they secured ensured that the city could not be encircled by an invading army and besieged by land alone. After the Persian Wars reduced them to rubble, Sparta pressed Athens to stop rebuilding her walls, lest they create a base for another Persian invasion. But advocacy by Themistocles and Pericles eventually caused their reconstruction.[ix] These politicians employed their rhetorical powers to advise Athenians on building their walls; yet they were neither architects nor stonemasons.[x] Thus Socrates turns Gorgias’ example against its maker, who had disclaimed orators’ need to know how things really stand with things themselves, requiring them only to discover some trick of persuasion, so as to appear to the unknowing to know more than those who know.[xi] Rebutting this claim, Socrates suggests that in employing their rhetorical powers, these politicians aimed only at accommodating people’s appetites [epithumiai]. He neglects to point out that in promoting public works, Themistocles had to argue against distributing their budget among the people. Nonetheless, he succeeds in establishing that in the long term Pericles was impelled by agenda to ratify and satisfy the desires of his constituents rather than guide them towards moral improvement.[xii]

In regard of this moral concern, Gorgias volunteers a critical concession, that rhetoric should not be used indiscriminately against any target, any more so than the fighting arts should be used against friend and foe alike.[xiii] Nevertheless, he goes on to claim that his universal art allows him to surpass experts in their disciplines, that he can persuade the average man to take a stand in any area of knowledge, and that he can do all that without having to learn anything of particular substance.[xiv] Arguing against this thesis, Socrates compels the rhetorician to concede that he both knows the nature of the good and bad, the fine and the shameful, the just and unjust, and places himself in the right regarding each moral distinciton.[xv] At this point Gorgias has committed himself to a fatal contradiction. His admissions imply that the rhetorician must know and respect all moral qualities, while falling short of the capacity to teach them to his students. He shares the philosopher’s knowledge, but not his ability to communicate it. The historical Gorgias was credited with proving three remarkable propositions: that nothing exists; that even if it does exist, it is incomprehensible to man; and that, even if it is comprehensible to anyone, it is not communicable to anyone else.[xvi] A sophist of this caliber would not have been embarrassed by having to profess non-communicable knowledge. But the dignified rhetorician respectfully portrayed within Plato’s dialogue concedes the game for want of sophistical shamelessness, entitling Socrates to conclude that the rhetorician is a manufacturer of groundless belief, and condemn oratory as no art [technê], but a mere knack, a species of flattery altogether lacking in dignity.[xvii]

3.

Unlike the characters of Plato’s dialogue, Aristotle identifies the technical nature of his subject matter in the Rhetoric as the counterpart of dialectic. The Aristotelian speaker advances his argument through a process of proof. He presents considerations regarding his subject, drawing upon all available premisses to reach the desired conclusion, whilst anticipating the objections of his audience. He strives to compel his audience into accepting a convincing argument to bear on its future decisions. Although rhetoric and dialectic both deal with matters that concern all human understanding, they differ in their means of demonstration. A rhetorical argument proceeds from received opinions [endoxa], leaving plenty of wiggle room for filling the gaps in their demonstration. In contrast to rhetoricians, dialecticians’ reasoning proceeds from premisses accepted by their respondents via arguments that their respondents recognize as logically valid. Socratic arguments require reasoned discussion with no room for objection. But whereas the dialectic technique of maieutics only allows a proceeding after a consensus is made, each rhetorical debate remains open to challenge at every step, ruling out conclusive arguments in perpetuity.

Aristotle blames his predecessors for saying nothing about enthymemes that belong to the body of proof, but chiefly devoting their attention to matters outside the subject; for the arousing of prejudice, compassion, anger, and similar emotions having no connexion with the matter in hand, but directed only to the dicast charged with deciding their case. Thus in his account of rhetoric Aristotle avoids both the Gorgian praise and the Socratic condemnation. Though his technique aims to convince through the motion of affects, proofs comprise its only aspect that comes within the province of art, everything else being merely an accessory. Enthymemes are the body of proof.[xviii] Accordingly, in order to understand the nature of proof, we must pin down the nature of enthymemes.

An enthymeme is a sort of argument [sullogismos tis] used in a rhetorical speech.[xix] Its material is derived from four sources, likelihood [eikos], example [paradeigma], necessary sign [tekmêrion], and sign [sêmeion]. Only enthymemes based on necessary signs [tekmêria], can lead to conclusions that are beyond refutation.[xx] But in the general case, these is no need to preempt the possibility of refutation. The rhetorician aims instead to establish his case to the best of his ability, proving it to the satisfaction of an audience [pistis].[xxi] Thus, besides enthymemes, amplifications and examples are admissible techniques for proof:

Speaking generally, of the topics common to all rhetorical arguments, amplification is most suitable for epideictic speakers, whose subject is actions which are not disputed, so that all that remains to be done is to attribute beauty and importance to them. Examples are most suitable for deliberative speakers, for it is by examination of the past that we divine and judge the future. Enthymemes are most suitable for forensic speakers, because the past, by reason of its obscurity, above all lends itself to investigation of causes and to demonstrative proof.[xxii]

It is clear that the aim of Aristotelian rhetoric far exceeds the exiguous means of geometrical demonstration. Thus hyperbole has a place in declamations that take bare facts as undisputed. Likewise, examples that support the contested proposition inductively can be taken as the basis for sustaining it as a probable generalization from particular instances. In practice, such proof succeeds whenever it can sway the audience into making its decisions on the most probable ground. But probability will vary depending on the circumstances. And in cases that fall short of certainty, the rhetorician can only hope and pray that his audience includes no rational detectors of error capable of deriving a contradiction from his thesis or formulating the proof of its antithesis.

By Aristotle’s lights, Socrates’ reasoning in his debate with Gorgias may be faulted for a gratuitous dichotomy, an unwarranted division of a whole into two mutually exclusive parts. Socrates presents to Gorgias with two mutually exclusive choices, implicitly ruling out any unstated alternatives. On the one side stand philosophers and physicians, teachers and artisans. On the other side congregate flatterers and suckers, demagogical politicians and ignorant multitudes. As Socrates claims his place among the former honest and forthright folk, he classifies Gorgias among the latter ilk, purveyors and consumers of baseless belief and unsound fodder. However, must every politician only aim towards gratifying his constituents? Surely Themistocles and Pericles did not have to instruct Athenians in the art of masonry in order to convince them of the importance of building the wall. Their proposals legitimately relied on division of labor that ensured full participation of builders in public debates. Freed thereby from technical concerns, the politicians were right to focus on ensuring security for their constituents. Likewise, as an expert in persuasion, Gorgias should have been able to team up with experts in any discipline related to its subject matter in any particular instance. But even in his modest purview of Plato’s dialogue, the rhetorician is not modest enough to disclaim self-sufficiency. This failure needlessly foredooms his confrontation with the philosopher.

4.

Within the historical perspective, Aristotelian criticism on Socrates and Gorgias finds a basis in Thucydides’ History of the Peloponnesian War. Paul Shorey aptly characterized Thucydides as “a hard-headed […] rationalist who was contemptuous of all teleological and providential interpretations of history and explained everything by natural causes and unchanging human nature—the psychology, motives, and the conflicting interests of men.”[xxiii] Tradition contrasts this portrayal of Thucydides with the received image of Herodotus via a backhanded compliment. Herodotus, simultaneously anointed as the father of history and disparaged as the father of lies, lays himself open to criticism as a casual entertainer, if not outright denunciation as an irresponsible fantasist.[xxiv] Whereas the paternity of scientific history allotted to Thycydides in recognition of his analytical rigor, contains in its technical qualification the gloomy image of a mechanistic skeleton propelled by spasms of cynicism through a morass of tedium. Nonetheless, it would be wrong to withhold credit for Thucydides anticipating the Aristotelian treatment of proof, albeit in a way that conflated probable proof [sêmeion] with necessary proof [tekmêrion].[xxv] This conflation addressed his concern and indicated the way he sought to resolve:

For though the events of remote antiquity, and even those that more immediately precede the war, could not from lapse of time be clearly ascertained, yet the evidences which an inquiry carried as far back as was practicable leads me to trust, all point to the conclusion that there was nothing on a great scale, either in war or in other matters.[xxvi]

Even when the historical facts are obscured by the passage of time, available evidence is the key to inferring their contours. However, in composing his account, Thucydides structures all particular evidence in accordance with the dictates of general principle. Thus the rhetorical arguments in the speeches that Thucydides incorporated in his account of the Peloponnesian war anticipate Aristotle’s idea of rhetorical proof, in being based on the most reputable signs and connecting with the concerns of its audience. Although the composition of each speech is grounded in specific evidence from each individual event, its first allegiance is to the intrinsic logic of their makers’ circumstances:

With reference to the speeches in this history, some were delivered before the war began, others while it was going on; some I heard myself, others I got from various quarters; it was in all cases difficult to carry them word for word in one’s memory, so my habit has been to make the speakers say what was in my opinion demanded of them by the various occasions, of course adhering as closely as possible to the general sense of what they really said.[xxvii]
Thucydides amassed and dispensed historical knowledge not for its own sake, but as a conduit to understanding. Far from resting content in accounts of particular facts such as what men did or what was done to them, he aimed to uncover and convey general truths about human action. Beyond establishing the patterns of masses in turmoil and plots of demagogues clinging to power, his history aimed at dissecting the nature of social upheavals and unmasking demagoguery, indeed at penetrating political power itself. In accounting for moral and political issues, his main device was the speech. The purpose of the ensuing historical writing is to guide its readers toward an understanding of actions and events as determined by the energies that impel human agents and forces that constrain them. Its allegiance to conclusions borne out by factual evidence checked this speculative urge. Thus Thucydides would punctuate factually grounded interpretation, rendered more plausible by his impersonal tone, with spells of invention that attributed discourses to his characters.[xxviii]

The Mytilene debate in Book III is an example of proof presented through the twin means of impersonal narrative and revealing speeches, which are equally embedded into their context.[xxix] The debate takes place on the day following the order for total extermination of the Mytilene men and enslavement of their women and children, agreed upon by the Athenian assembly and dispatched to Mytilene. Thucydides introduces it by noting repentance and reflection on the cruelty of a decree that condemned a whole city to the fate merited only by the guilty, which caused a second assembly to be summoned.[xxx] Both of the following speeches present their makers’ arguments with proofs that illustrate possible consequences and anticipate the audience’ thoughts so as to guide it towards a decision. Cleon argues for executing the original order. He intends this extreme course of action to seal the Athenian victory and forestall future conflicts by deterring other cities from revolt. Mytilene should not have had a chance to build up their arrogance for attack. The right response to their revolt must deter all remaining allies from breaking faith with Athens. Athenians should not let themselves be swayed by clever speeches or large bribes. The penalty for rebellion is death[xxxi] In his response, Diodotus argues from the opposite position, advocating execution only for the leaders of the rebels. He disclaims any motive in regard to the Mytilenians, besides the reasons of state: “Though I prove them ever so guilty, I shall not, therefore, advise their death, unless it be expedient; nor though they should have claims to indulgence, shall I recommend it, unless it be clearly for the good of the country.”[xxxii] He stresses that the discussion should concern the present rather than the future. Athenians should think how Mytilene could be most useful to their polis. Their death would not deter others from breaking laws. On the contrary, it would inspire any future rebels to rule out surrender and fight to the death. A harsh penalty would increase future losses. In dealing with free people, Athens should favor timely prevention over belated punishment, taking tremendous care of them to forestall the mere idea of their revolt.[xxxiii]

Both discourses urge their audience to resist emotions that might sway their rational judgment. Cleon speaks of Mytilenians who had forfeited their right to be pitied by the Athenians in virtue of having rebelled against them. Men should extend their sympathy to friends, not to enemies. He warns the audience against falling prey to their own pleasure in considering the opposite view. Diodotus opens his response by identifying “the two things most opposed to good counsel [as] haste and passion; haste usually goes hand in hand with folly, passion with coarseness and narrowness of mind.”[xxxiv] Thus he responds to the bias towards anger at the Mytilenes’ revolt that would incline his audience to agree with the policy of total extermination and enslavement. Diodotus directs his audience toward their interests in the situation. In this regard, Thucydides’ construction of proof anticipates the rhetoric of Aristotle. His speakers appear to forgo emotional appeals to their audience, concentrating instead on their interests. In the terms of Aristotle’s contrast in the Poetics, they argue as poets, not as historians. But surely this title belongs to the author, in his capacity of the puppetmaster of his characters.

5.

Thus historical arguments depend on uncertainty of actions and events, involving probability as a necessary quality in proof and leaving room for doubt in all future discussions. But there remains a Socratic tradition that seeks geometrical certainty in all matters. Between 1274 and 1305, Ramón Llull envisioned his Ars Magna as a system of mechanical means capable of drawing upon the totality of concepts so as to exhaust all combinatorial alternatives of their logical aggregation. Three and a half centuries later, in the first part of his 1655 treatise De Corpore, entitled “Computatio sive Logica” and intended as an introduction to his entire philosophical system, Thomas Hobbes speculated that the first truths “were arbitrarily made by those that first of all imposed Names upon Things, or received them from the imposition of others.” By this conventionalist approach to the necessary truths of mathematics, Hobbes distinguished Euclid’s axioms from the laws of physics, which are not made by arbitrary definitions. But even as he placed himself outside of its Platonist purview, Hobbes continued the project of Llull by treating human thought as reducible to the manipulation of signs, as a species of calculation.

In 1666, inspired by the analysis of Hobbes, 19-year old Gottfried Wilhelm Leibniz wrote his Dissertatio de Arte Combinatoria, envisioning the characteristica universalis, a method for precise resolution of all human disagreements. He speculated elsewhere that if we had it, we should be able to reason in metaphysics and morals in much the same way as in Geometry and Analysis, because the Symbols would clarify our thoughts that are too vague and too flighty in these matters, where imagination does not help us, if it would not do so through symbols:

Quo facto, quando orientur controversiae, non magis disputatione opus erit inter duos philosophos, quam inter duos Computistas. Sufficiet enim calamos in manus sumere sedereque ad abacos, et sibi mutuo (accito si placet amico) dicere: calculemus.
If controversies were to arise, there would be no more need of disputation between two philosophers than between two accountants. For it would suffice to take their pencils in their hands, and say to each other (with a friend as witness, if they liked): Let us calculate.
Leibniz had no illusions about philosophical reasoning attaining the cogency of mathematical demonstration. There are no Euclidists and Archimedians in mathematics, as there are Aristotelians and Platonists in philosophy. Philosophers lack recourse to mathematical means of discovering possible mistakes. To that end, they require symbols and rules to formalize their thought and make it fit subject for calculation. The outcome of this procedure would endure in perpetuity, just as a mathematical truth, once understood, is never rejected.

Nonetheless, Leibniz acknowledged the limitations of his characteristica universalis. Its means could never suffice for deducing an individual statement like “Caesar was murdered on the ides of March”, because any such statement involves an infinity of causes and each of its constituent individual notions like Caesar comprises an infinity of elements. Nearly twenty years after inaugurating his program, Leibniz became even more skeptical about its prospects, observing that there are people who even reject indisputable arguments.[xxxv]

Leibniz’s empiricist foil John Locke approached the relationship between geometric demonstration and forensic persuasion from the opposite perspective:

As Demonstration is the shewing the Agreement, or Disagreement of two Ideas, by the intervention of one or more Proofs, which have a constant, immutable, and visible connexion one with another: so Probability is nothing but the appearance of such an Agreement, or Disagreement, by the intervention of Proofs, whose connexion is not constant and immutable, or at least is not perceived to be so, but is, or appears for the most part to be so, and is enough to induce the Mind to judge the Proposition to be true, or false, rather than the contrary. For example: In the demonstration of it, a Man perceives the certain, immutable connexion there is of Equality, between the three Angles of a Triangle, and those intermediate ones, which are made use of to shew their Equality to two right ones: and so, by an intuitive Knowledge of the Agreement, or Disagreement of the intermediate Ideas in each step of the progress, the whole Series is continued with an evidence, which clearly shews the Agreement, or Disagreement, of those three Angles, in equality to two right ones: And thus he has certain Knowledge that it is so. But another Man, who never took the pains to observe the Demonstration, hearing a Mathematician, a Man of credit, affirm the three Angles of a Triangle to be equal to two right ones, assents to it; i.e. receives it for true. In which case, the foundation of his Assent is the Probability of the thing, the Proof being such, as for the most part carries Truth with it: The Man, on whose Testimony he receives it, not being wont to affirm any thing contrary to, or besides his Knowledge, especially in matters of this kind. So that that which causes his Assent to this Proposition, that the three Angles of a triangle are equal to two right ones, that which makes him take these Ideas to agree, without knowing them to do so, is the wonted Veracity of the Speaker in other cases, or his supposed Veracity in this.[xxxvi]
Locke’s distinction suggests that appeal to probability differs from demonstrative reasoning in the fit to its audience. The speaker’s discretion is not only in following the injunction laid down near the beginning of Nicomachean Ethics, to achieve that amount of precision, which belongs to its subject matter,[xxxvii] but also in establishing the degree of certainty in proof that his audience requires and appreciates. Some of the most vital political matters that confront the American electorate today admit neither the utmost amount of precision nor the greatest degree of certainty. Mark Bowden articulates a case in point by recommending that torture should be banned but also quietly practiced:

In other words, when the ban is lifted, there is no restraining lazy, incompetent, or sadistic interrogators. As long as it remains illegal to torture, the interrogator who employs coercion must accept the risk. He must be prepared to stand up in court, if necessary, and defend his actions. Interrogators will still use coercion because in some cases they will deem it worth the consequences. This does not mean they will necessarily be punished. In any nation the decision to prosecute a crime is an executive one. A prosecutor, a grand jury, or a judge must decide to press charges, and the chances that an interrogator in a genuine ticking-bomb case would be prosecuted, much less convicted, is very small.[xxxviii]

The availability of the affirmative defense of necessity under common law defines the boundaries of precision and certainty in Anglo-American administration of criminal justice.[xxxix] It suggests that in the extreme circumstances, the best proof we can hope for in forensic arguments is the finding of reasonable doubt by a jury of our peers. Likewise our history has to content itself with provisional verdicts beyond reasonable doubt. As long as this state of affairs endures, the rationalist historian cannot hope to limit his demonstrations to valid arguments proceeding from true premisses.

6.

[…]

7.

As Georg Wilhelm Friedrich Hegel admitted in concluding the preface to his Philosophy of Right, philosophy always comes on the scene too late to give instruction as to what the world ought to be: “the owl of Minerva spreads its wings only with the falling of the dusk.” But the historian that follows Thucydides in poiesis, takes his cue from a different bird.

The cock of Apollo crows at dawn.[xli]

—Michael Zeleny, 14 December 2007—5 June 2013


[i] Aristotle, Poetics 1451a36-b11. I cite Aristotle by Bekker’s and Plato by Stephanus’ pagination. Whenever possible, I follow the Loeb editions and translations of classical texts, as available online at the Perseus Project. I thank Chien-Ling Liu for indispensable assistance with historical research and analysis.

[ii] See M.F. Burnyeat, “Enthymeme: Aristotle on the Rationality of Rhetoric”, Essays on Aristotle’s Rhetoric, Berkeley and Los Angeles: University of California Press, 1996, p.109.

[iii] See Socrates’ dialogue with the slave boy in Meno at 82b-85c.

[iv] See the historical background recounted in W.K.C. Guthrie, A History of Greek Philosophy, Volume 3, Cambridge: Cambridge University Press, 1969, pp. 192-200, 269-274; Jonathan Barnes, The Presocratic Philosophers, London: Routledge, 1982, pp. 171-175, 182-3, 470-471, 524-530; Renato Barilli, Rhetoric, translated by Juliana Menozzi, Minneapolis: University of Minnesota Press, 1989, pp. 5-6, 8-9; Brian Vickers, In Defense of Rhetoric, Oxford: Oxford University Press, 1989, pp. 6-7; contrast the disavowal by E.L. Harrison in “Was Gorgias a Sophist?”, Phoenix, Vol. 18, No. 3 (Autumn, 1964), pp. 183-192.

[v] See Apology 19e; compare the more attenuated characterization of Gorgias submitting himself to questioning by all comers on all subjects, including virtue, while disclaiming an ability to teach it, reported in Meno 70b, 71c-d, 73c, 76b-c, 79e, 95c, and 96d.

[vi] See Gorgias, 456a-457b, 449d, 454b.

[vii] See Gorgias 451d, 452d, 452e.

[viii] See W.K.C. Guthrie, op. cit., pp. 50-54, 125, 178-181; Renato Barilli, op. cit, pp. 11-12, 35-36, 45-46, 71.

[ix] See Thucydides, History of the Peloponnesian War, I.89-93; Plutarch, Life of Pericles 33; David M. Lewis, John Boardman, J. K. Davies, and M. Ostwald, editors, The Cambridge Ancient History, Second Edition, Volume 5: The Fifth Century B.C., Cambridge: Cambridge University Press, 1992, pp. 63, 97.

[x] See Gorgias 454e, 455e.

[xi] See Gorgias 458e, 459c.

[xii] See History of the Peloponnesian War I, 90; compare the claims in History of the Peloponnesian War II, 65. I am indebted for this point to the commentary in Plato, Gorgias, translated with notes by Terence Irwin, Oxford: Oxford University Press, 1979, p. 237.

[xiii] See Gorgias 456c-d.

[xiv] See Gorgias 459c.

[xv] See Gorgias 460c.

[xvi] See Sextus Empiricus, Adversus Mathematicos, VII, 65-87; W.K.C. Guthrie, op. cit., 193-194; Jonathan Barnes, op. cit., pp. 173-174.

[xvii] See Gorgias 465c-466a, 502a-c.

[xviii] See Rhetoric 1354a1-3.

[xix] See Rhetoric 1355a4-7, 1400b37. I am equally indebted to the previously cited account of M.F. Burnyeat and its incisive criticism by Carlo Ginzburg in “Aristotle and History, Once More”, in History, Rhetoric, and Proof, Brandeis University Press, 1999, pp. 38-53. My understanding of enthymeme agrees with the traditional definition of an abbreviated syllogism, repudiated by Burnyeat and reinstated by Ginzburg.

[xx] See Rhetoric 1402b8-1403a14; compare Carlo Ginzburg, op. cit., p. 40.

[xxi] See M.F. Burnyeat, op. cit., p. 93.

[xxii] See Rhetoric 1368a27-34.

[xxiii] See Charles Norris Cochrane, Thucydides and the Science of History, Oxford University Press 1929, and its review by Paul Shorey in Classical Philology, Vol. 25, No. 3 (July, 1930), pp. 290-292.

[xxiv] See Cicero, De Legibus I.5, where Herodotus, acknowledged as the father of history, “pater historiae” is said to purvey find fables scarcely less numerous than those, which appear in the works of the poets; cf. the English translation by Francis Barham. Also see the discussion of the Herodotean and the Thucydidean traditions by Arnaldo Momigliano in The Classical Foundations of Modern Historiography, Berkeley: University of California Press, 1990, pp. 29-53, especially pp. 36-39 and 42-44.

[xxv] See e.g. his inference from persisting local customs to hypothetical past usage spread everywhere, in History of the Peloponnesian War I.6, and other examples cited by Carlo Ginzburg in op. cit., pp. 44-45.

[xxvi] See History of the Peloponnesian War I, 1.

[xxvii] See History of the Peloponnesian War I, 22.

[xxviii] I follow Moses Finley’s comments in the introduction to Thucydides, History of the Peloponnesian War, translated by Rex Warner, NY: Penguin Classics, 1954, pp. 24-25.

[xxix] See the discussion by A. Andrewes, “The Mytilene Debate: Thucydides 3.36-49”, Phoenix, Vol. 16, No. 2 (Summer, 1962), pp. 64-85

[xxx] See History of the Peloponnesian War III, 36.

[xxxi] See History of the Peloponnesian War III, 37-40.

[xxxii] See History of the Peloponnesian War III, 44.

[xxxiii] See History of the Peloponnesian War III, 41-48.

[xxxiv] See History of the Peloponnesian War III, 42.

[xxxv] “Car si nous l’avions telle que je la conçois, nous pourrions raisonner en metaphysique et en morale à peu près comme en Geometrie et en Analyse, parce que les Caracteres fixeroient nos pensées trop vagues et trop volatiles en ces matieres, où l’imagination ne nous aide point, si ce ne seroit par le moyen de caracteres.” In Die philosophischen Schriften von Gottfried Wilhelm Leibniz, edited by C.I. Gerhardt, Volume VII, Berlin: Weidmann, 1890, pp. 21, 200. For the background see W. Kneale and M. Kneale, The Development of Logic, Oxford: Oxford University Press, 1962. pp. 241, 311, and 325-328; Bertrand Russell, A Critical Exposition of the Philosophy of Leibniz, Cambridge: Cambridge University Press, 1900, pp. 169-170; George MacDonald Ross, “Leibniz’s Debt to Hobbes”, Leibniz and the English-Speaking World, Liverpool, 3–6 September 2003; Herbert Breger, “God and Mathematics in Leibniz’s Thought”, in T. Koetsier, L. Bergmans, editors, Mathematics and the Divine: A Historical Study, Elsevier, 2004, pp 485-498, at pp. 487-488. Regrettably, I am unable to do justice in this paper to the erudite and profound account of Roger Berkowitz in The Gift of Science: Leibniz and the Modern Legal Tradition, Harvard University Press, 2005.

[xxxvi] See John Locke, An Essay Concerning Human Understanding IV.xv.1, edited by Peter H. Nidditch, Oxford: Oxford University Press, 1975, p.654; David Owen, “Locke on Judgment”, in Lex Newman, editor, The Cambridge Companion to Locke’s “Essay Concerning Human Understanding”, Cambridge University Press, 2007, pp. 406-435.

[xxxvii] See Nicomachean Ethics 1094b12-14.

[xxxviii] See Mark Bowden, “The Dark Art of Interrogation”, Atlantic Monthly, October 2003.

[xxxix] See A.W.B. Simpson, Cannibalism and the Common Law: The Story of the Tragic Last Voyage of the Mignonette and the Strange Legal Proceedings to Which It Gave Rise, Chicago: University of Chicago Press, 1984. The text of the judgment in the criminal case Regina v. Dudley and Stephens ([1884] 14 QBD 273 DC), establishing the precedent for the defense of necessity against criminal charges. Also see the hypothetical case described by Lon L. Fuller in “The Case of the Speluncean Explorers”, Harvard Law Review, Vol. 62, No. 4, February 1949.

[…]

[xli] See Georg Wilhelm Friedrich Hegel, Grundlinien der Philosophie des Rechts, 1821, Vorrede: “die Eule der Minerva beginnt erst mit der einbrechenden Dämmerung ihren Flug.” The cock, Alektôr, an apotropaic Averter of Evil, is a sun bird traditionally represented as sitting on Apollo’s arm, shoulder, or head. See Plutarch, De Pythiae oraculis 400C; Grace H. Macurdy, “The Derivation and Significance of the Greek Word for ‘Cock’”, Classical Philology, Vol. 13, No. 3. (Jul., 1918), pp. 310-311; Miroslav Marcovich, “Pythagoras as Cock”, The American Journal of Philology, Vol. 97, No. 4. (Winter, 1976), pp. 331-335.

larvatus: (Default)
Все поэты — жиды. Все демократы — пиндосы.
larvatus: (Default)
I am thinking about a good way of saying “Time Judged All” in Latin. Curiously, the literal formulation appears not to be attested in literature until its late 18th century use by August Ludwig von Schlözer: “Judex rerum omnium tempus, diligensque Tuorum ministrorum inquisitio, multa inopinata, quae adhuc latent, modo Deus intersit, nobis aperient.” The traditional way of expressing the underlying thought is the Greek “Χρόνος τὰ κρυπτὰ πάντα πρὸς τὸ φῶς ἄγει”, time brings to light all hidden things, of Menandri Sententiae 592, or the more concise “πάντ' ἀναπτύσσει χρόνος”, time reveals all, of Sophocles’ Fragment 301. In Latin, this thought is rendered by Aulus Gellius in Attic Nights, XII.11, as “Veritas temporis filia”, truth is the daughter of time. Erasmus cites a paraphrase of this thought, “Tempus omnia revelat”, time reveals all things, as Adagia II.iv.17. Francis Bacon amplifies the formulation of Aulus Gellius as “Recte enim Veritas Temporis filia dicitur, non Authoritatis”, truth is rightly called the daughter of time, not of authority, in Novum Organum I.84. Thomas Nashe paraphrases it in English: “Veritas temporis filia, it is only time that revealeth all things.” Shakespeare is more prolix in The Rape of Lucrece 990-1010:
Time’s glory is to calm contending kings,
To unmask falsehood and bring truth to light,
To stamp the seal of time in aged things,
To wake the morn of sentinel the night,
To wrong the wronger till he render right,
To ruinate proud buildings with thy hour
And smear with dust their glittering golden towers;

To fill with worm-holes stately monuments,
To feed oblivion with decay of things,
To blot old books and alter their contents,
To pluck the quills from ancient ravens’ wings,
To dry the old oak’s sap and cherish springs,
To spoil antiquities of hammer’d steel,
And turn the giddy round of Fortune’s wheel;

To show the beldam daughters of her daughter,
To make the child a man, the man a child,
To slay the tiger that doth live by slaughter,
To tame the unicorn and lion wild,
To mock the subtle in themselves beguiled,
To cheer the ploughman with increaseful crops,
And waste huge stones with little water drops.
Few mortal judges enjoy such abounding authority.

A more ominous sense of judging is captured by Ovid in Metamorphoses XV.234-236:
Tempus edax rerum, tuque, invidiosa vetustas,
omnia destruitis, vitiataque dentibus aevi
paulatim lenta consumitis omnia morte.
As rendered by Arthur Golding in 1567:
Thou tyme the eater up of things, and age of spyghtfull teene,
Destroy all things. And when that long continuance hath them bit,
You leysurely by lingring death consume them every whit.
“Tempus edax rerum” is proverbial, e.g. as employed in the slogan “le temps détruit tout” at the portentous ending of the movie Irreversible by Gaspar Noé.
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All of Plato and the Other Companions of Sokrates is now available online.


Portrait of George Grote by Thomas Stewardson, 1824

It was necessary to create in the multitude, and through them to force upon the leading ambitious men, that rare and difficult sentiment which we may term a constitutional morality; a paramount reverence for the forms of the constitution, enforcing obedience to the authorities acting under and within those forms, yet combined with the habit of open speech, of action subject only to definite legal control, and unrestrained censure of those very authorities as to all their public acts—combined too with a perfect confidence in the bosom of every citizen, amidst the bitterness of party contest, that the forms of the constitution will be not less sacred in the eyes of his opponents than in his own. This co-existence of freedom and self-imposed restraint—of obedience to authority with unmeasured censure of the persons exercising it—may be found in the aristocracy of England (since about 1688) as well as in the democracy of the American United States: and because we are familiar with it, we are apt to suppose it a natural sentiment; though there seem to be few sentiments more difficult to establish and diffuse among a community, judging by the experience of history. We may see how imperfectly it exists at this day in the Swiss Cantons; and the many violences of the first French revolution illustrate, among various other lessons, the fatal effects arising from its absence, even among a people high in the scale of intelligence. Yet the diffusion of such constitutional morality, not merely among the majority of any community, but throughout the whole, is the indispensable condition of a government at once free and peaceable; since even any powerful and obstinate minority may render the working of free institutions impracticable, without being strong enough to conquer ascendency for themselves. Nothing less than unanimity, or so overwhelming a majority as to be tantamount to unanimity, on the cardinal point of respecting constitutional forms, even by those who do not wholly approve of them, can render the excitement of political passion bloodless, and yet expose all the authorities in the state to the full licence of pacific criticism.
George Grote, History of Greece, Volume 4, London, 1847
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     Ἡράκλειτος τὸ ἀντίξουν συμφέρον καὶ ἐκ τῶν διαφερόντων καλλίστην ἁρμονίαν καὶ πάντα κατ᾽ ἔριν γίνεσθαι: ἐξ ἐναντίας δὲ τούτοις ἄλλοι
Heracleitus says, ‘Opposition unites,’ and ‘The fairest harmony springs from difference,’ and ‘'Tis strife that makes the world go on.’
—Aristotle, Nicomachean Ethics 1155b1-6, translated by J. Bywater
Thirty-three years ago the author of these screeds walked free after serving a fifteen day sentence for petty hooliganism with twenty-two codefendants, counting among the first Soviet political protesters to get away with a slap on the wrist. The Berlin Wall came down thirteen years later, to the day. Coincidence? You decide.

Meanwhile, the philosophy of freedom is making giant strides in Russia. On 18 April 2009, Vadim Karastelev, head of the local Human Rights Committee, protested the curfew forbidding anyone under 18 years of age from appearing in the streets of Krasnodar region by displaying a sign with the slogan “Freedom is not given, it is taken”, a paraphrase of an analogous quotation about rights taken from a play by Maxim Gorky:
Прав—не дают, права—берут… Человек должен сам себе завоевать права, если не хочет быть раздавленным грудой обязанностей…
Rights aren’t given, rights are taken… Man must fight to win his rights if he doesn’t want to be crushed by a mountain of duties…
Herewith the expert philosophical analysis rendered in connection with his public display: Read more... ) Vadim Karastelev’s slogan echoes the combative demon of Charles Baudelaire:
Celui-là seul est l’égal d’un autre, qui le prouve, et celui-là seul est digne de la liberté, qui sait la conquérir.
Only he is the equal of another, who proves it, and only he is worthy of liberty, who can conquer it.
In his turn, Baudelaire drew upon Goethe’s Faust calling for free humanity jointly creating universal welfare in a free society:
Ja! diesem Sinne bin ich ganz ergeben, 
das ist der Weisheit letzter Schluß: 
Nur der verdient sich Freiheit wie das Leben,
der täglich sie erobern muß.
This is the final product of my strife,
The greatest wisdom mankind ever knew:
He only earns his freedom and his life, 
Who boldly conquers them each day anew.
The Faustian maxim is infinitely malleable, lending itself as the populist motto for the National Socialism of Alfred Rosenberg, the Marxism of Ernst Thälmann, and the dissident humanism of Andrei Sakharov. May it serve as the battle cry for the advent of freedom in Russia.
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Some time ago I wondered, what Aristotle might have meant by claiming in the Rhetoric 2.24, at 1401a22, that to be without a dog is most dishonorable. My solution arrived Read more... ) Crossposted to [info]larvatus, [info]linguaphiles, [info]ancient_philo, [info]classicalgreek, and [info]classics.
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In his account of youthful character, Aristotle attributes all its errors to excess and vehemence in love, hate, and everything else. At their peril, the young neglect of the maxim of Chilon: Μηδὲν ἄγαν, Ne quid nimis, “Never go to extremes”. (Rhetoric 1389b4-5; Diogenes Laertius, Vitae Philosophorum I.41.) And as he turns to the flaccid dispositions of old men, Aristotle observes that neither their love nor their hatred is strong; but, according to the precept of Bias, καὶ φιλοῦσιν ὡς μισήσοντες καὶ μισοῦσιν ὡς φιλήσοντες—“they love as if they would one day hate, and hate as if they would one day love”. (Rhetoric 1389b21-25; DL I.87.) Prudential anticipation of reversals in love and hatred emerged as an early modern adage. Thus Erasmus commends it in commenting upon “Ne quid nimis” in Adagia I.vi.96. Likewise, Juan Luis Vives writes on behalf of the “Anima Senis”: odi ut amatura et amo ut osura—“I hate as if one day I should love, and love as if one day I should hate”. More recently, Tancredo Neves, the hero of Brazilian Democratic Movement, is said to always have remembered the motto of Getúlio Vargas, his former patron, role model, and predecessor in election to the Brazilian Presidency: “I have never made an enemy whom I could not approach or a friend from whom I could not separate.”—“Não tenho inimigo de quem não possa me aproximar nem amigo de quem não possa me distanciar.” (Ronaldo Costa Couto, História indiscreta da ditadura e da abertura: Brasil: 1964-1985, Editora Record, 1999, p. 322.) Striving to dislodge a military dictatorship, Neves boasted during his Presidential campaign, that if he got 500 votes from his party, not even God would remove him from Presidency. He got the votes and was due to be sworn into office on the Ides of March in 1985. But a day before taking his Presidential oath, Neves fell gravely ill with a gastric tumor. Seven surgical bouts only served to aggravate his suffering. Neves died on 21 April 1985, the 193rd anniversary of execution and dismemberment of Tiradentes, the hero of Brazilian independence. Thus Tancredo Neves came to God after having slighted His will.

God’s will has swayed the fortunes of Jerusalem since 1095. A nominally secular state, Israel was founded upon the promise made by God to the descendants of Abraham. This promise is countermanded by the founding charter and ongoing policy of Hamas, which calls for the elimination of the Jewish state and worldwide extermination of Jews. And just as the Zionist project emerged in response to the political leverage of antisemitism, so Palestinian nationalism feeds off Jewish hegemony in the Holy Land. In more generic terms, Carl Schmitt cast the essence of the political as resting on the distinction between friend and enemy:
Der politische Feind nicht der Konkurrent oder der Gegner im allgemeinen. Feind ist auch nicht der private Gegner, den man unter Antipathiegefühlen haßt. Feind ist nur eine wenigstens eventuell, d.h. der realen Möglichkeit nach kämpfende Gesamtheit von Menschen, die einer ebensolchen Gesamtheit gegenübersteht. Feind ist nur der öffentliche Feind, weil alles, was auf eine solche Gesamtheit von Menschen, insbesondere auf ein ganzes Volk Bezug hat, dadurch öffentlich wird. Feind ist hostis, nicht inimicus im weiteren Sinne; πολέμιος, nicht ἐχθρός.
—Carl Schmitt, Der Begriff des Politischen: Text von 1932 mit einem Vorwort und drei Corollarien, Berlin: Duncker & Humblot, 1963, p. 29
The enemy is not merely any competitor or just any partner of a conflict in general. He is also not the private adversary whom one hates. An enemy exists only when, at least potentially, one fighting collectivity of people confronts a similar collectivity. The enemy is solely the public enemy, because everything that has a relationship to such a collectivity of men, particularly to a whole nation, becomes public by virtue of such a relationship. The enemy is hostis, not inimicus in the broader sense; πολέμιος, not ἐχθρός.
—Carl Schmitt, The Concept of the Political, translated by George Schwab, Chicago: The University of Chicago Press, 1996, p. 28
While Jewish nationalism emerged from the 1896 publication of Der Judenstaat by Theodor Herzl, its Palestinian counterpart originates in the 1948 dispossession of the Arab natives of the newborn Jewish state. In Aristotelian terms, their political predicament is rooted in the ardor of youth. Tancredo Neves was able to define his political mission in the terms of contingent animosities ungrounded in essential hostilities. No such definition is available to Israeli and Palestinian politicians, who continue to group their nations according to the friend and enemy antithesis. Thus the prospects of peace in the Middle East are foredoomed, as long as its neighboring and intermingled adversaries continue to regard each other as public enemies. There is as yet no basis for them to hate as if one day they should love. And for want of this basis, well-meaning Christian powers will meddle in vain.

Crossposted to [info]larvatus and [info]history.
larvatus: (MZ)
ὀψέ θεῶν ἀλέουσι μύλοι, ἀλέουσι δὲ λεπτά
—Sextus Empiricus, Adversus Mathematicos I, 287 Oracula Sibyllina VIII, 14 ≈ Plutarch, Moralia, “De sera numinis vindicta549dParœmiographi Græci, C396

Gottes Mühlen mahlen langsam, mahlen aber trefflich klein;
Ob auß Langmuth er sich seumet, bringt mit Schärff er alles ein.
—Friedrich von Logau, „Göttliche Rache“, Sinngedichte III, ii, 24, circa 1654

Though the mills of God grind slowly, yet they grind exceeding small;
Though with patience he stands waiting, with exactness grinds he all.
—Henry Wadsworth Longfellow, “Retribution”, Poems, Boston: Fields, Osgood, & Co., 1869, Vol. I, p. 292

Quid mihi si fueras miseros laesurus amores,
Foedera per divos, clam violanda, dabas?
A miser, et siquis primo periuria celat,
Sera tamen tacitis Poena venit pedibus.
—Tibullus, Elegiae I, ix, 1-4 and commentary

dixerat, et tandem cunctante modestior ira
ille refert: ‘equidem non uos ad moenia Thebes
rebar et hostiles huc aduenisse cateruas.
pergite in excidium socii, si tanta uoluptas,
sanguinis, imbuite arma domi, atque haec inrita dudum
templa Iouis (quid enim haud licitum?) ferat impius ignis,
si uilem, tanti premerent cum pectora luctus,
in famulam ius esse ratus dominoque ducique.
sed uidet haec, uidet ille deum regnator, et ausis,
sera quidem, manet ira tamen.
’ sic fatus, et arces
respicit.
—Statius, Thebaid V 680-690

ut sit magna, tamen certe lenta ira deorum est
—Juvenal, Satura XIII 100

Itaque dii pedes lanatos habent, quia nos religiosi non sumus.
—Petronius, Satyricon XLIV,18

Et dum pro se quisque deos tandem esse et non neglegere humana fremunt et superbiae crudelitatique etsi seras, non leues tamen uenire poenas—prouocare qui prouocationem sustulisset, et implorare praesidium populi qui omnia iura populi obtrisset, rapique in uincla egentem iure libertatis qui liberum corpus in seruitutem addixisset,—ipsius Appi inter contionis murmur fidem populi Romani implorantis uox audiebatur.
—And while the people muttered, each man to himself, that there were gods after all, who did not neglect the affairs of men; and that pride and cruelty were receiving their punishment, which though late was nevertheless not light—that he was appealing who had nullified appeal; that he was imploring the protection of the people who had trodden all the rights of the people under foot; that he was being carried off to prison, deprived of his right to liberty, who had condemned the person of a free citizen to slavery—the voice of Appius himself was heard amidst the murmurs of the assembly, beseeching the Roman People to protect him.
—Livy, Ab Urbe Condita 3, 56, 7, translated by Benjamin Oliver Foster

La parole des dieux n’est point vaine et trompeuse ;
Leurs desseins sont couverts d’une nuit ténébreuse ;
La peine suit le crime : elle arrive à pas lents.
—Voltaire, Oreste, I, ii

Courage, if carried to daring, leads to death; courage, if not carried to daring, leads to life. Either of these two things is sometimes beneficial, sometimes harmful.
“Why ’t is by heaven rejected,
 Who has the reason detected?”
    Therefore the holy man also regards it as difficult.
    The Heavenly Reason strives not, but it is sure to conquer. It speaks not, but it is sure to respond. It summons not, but it comes of itself. It works patiently but is sure in its designs.
    Heaven’s net is vast, so vast. It is wide-meshed, but it loses nothing.
—Lao-Tze’s Tao-Teh-King, translated by Paul Carus, 73, “Daring To Act”

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