Thrasymachus and Philosophy of Law

Welcome, readers of Matthew Yglesias, and thanks to my friend Young Zeitlin for the link.

In response to my last post on Thrasymachus, a couple of commenters brought up the notion that Thrasymachus’s response to Socrates was aimed more at human law than the ideal of justice. This isn’t an uncommon interpretation, but it is an important one; depending on what you think Thrasymachus intends to rebut, he is either a nihilist or a mere legal realist.

I never got around to studying philosophy of law, but my understanding of legal realism is that it’s the belief that law is constructed through practice, precedent, and text, and is therefore subject to the whims and errors of those who write and practice it. This is in contrast to any theory that attempts to understand the law through reference to natural law or laws that supposedly stem from anything other than human practice.

I don’t really have a whole lot to say about this—I don’t think legal realism is terribly controversial in this day and age, but I also don’t think it was what Thrasymachus was getting at. Recall that while he does argue that “justice” is something that is in the interests of the ruling class, when pressed by Socrates he insists that even then the ruling class doesn’t necessarily know what justice is. So it is not necessarily something that they create as it is something that automatically favors power, a sort of “might makes right” philosophical doctrine.

So it seems to me that Thrasymachus is making an overtly amoral argument.

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