法哲学年報
Online ISSN : 2435-1075
Print ISSN : 0387-2890
プラトン『法律』篇。845b-860e一解釈
刑事立法・司法とソクラテスのパラドクス
赤岩 順二
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ジャーナル フリー

2007 年 2006 巻 p. 219-228,258

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This essay offers an interpretation of Plato's Nomoi 842b-860e, from agricultural laws to the answer of Athenian Stranger who was himself raising the question whether legisla-tive activities are recommended or not. There are three parts in the essay. The first part (section I) shows that the agricultural legislation is well designed and could be seen as a prototype for the rest of legislation. The second part (section II) shows that the legislative story, from the beginning of Book IX to an objection by Cleinias (857 b), is regarded as an error, which shows a possi-ble misbehavior of criminal justice in a post agricultural society. The third and final part (section III) discusses about the question whether judicial and legislative activities themselves are included in the subject of a Socratic paradox, “No one willingly do wrong”, introduced by Athenian Stranger (860 d). This essay answers “yes”, according to interpretations in the first and second part of the study. If that is the case, Plato assigns the Socratic paradox to a roll preventing the deviance of criminal justice.

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