Socrates and Legal Obligation by R. E. Allen (review)

660 BOOK REVIEWS tions of a Christian mode of life." This fact alone gives Hoffman's translation importance. The theological issues raised by him, however, give it added importance for contemporary Lutheran/Roman Catholic dialogue. Dominican House of Studies Washington, D. C. WILLIAM A. NEWMAN, O.P. Socrates and Legal Obligation. By R. E. ALLEN. Minneapolis: University of Minnesota Press, 1980. Pp. xiv + 148. That the problem of legal obligation is at least as old as Socrates is well known to philosophers, classicists, and legal historians. It is indeed a difficult problem, subtle and nuanced. R. E. Allen, philosopher and classicist, has written a short, but carefully researched and cogently argued, assessment of how Socrates wrestled with this problem in the Apology and the Crito. Allen's purposes are simple, but far-reaching-to clarify the Apology and to indicate how the Crito is a fundamental statement of the grounds of legal obligation. He accomplishes both aims. As an introduction to his own translation of the Apology, Allen presents four essays that serve to unravel a different strand of Socrates's defense. We are given not only a fine discussion of the method of persuasion used by Socrates at his trial, but also a good overview of the structure and function of late fifth-century Athenian law courts. Because Socrates's concern was to honor truth rather than merely save his life, his rhetoric transcended the pleading for mercy so characteristic of Athenian defendants. Allen contends that the Apology should be accepted as an essentially accurate description of this circus-like trial that was supposedly part of an adversary system of justice. Because the Athenian court could, and did, decide not only what the facts were but also what the law was, Allen's conclusion is that " the Athenian version [of the adversary system] allowed justice to be administered by an organized mob " (80). Allen offers three essays as an introduction to his translation of the Crito. His careful philological treatment of the concepts of harm and injury sheds much light on his analysis of the dialogue's two major themes-it is wrong to do injury or act unjustly, and it is right to abide by just agreements. The importance of fidelity to the legal order _itself, not merely blind obedience to particular rules, is the focal point of his discussion of the subdialogue between Socrates and the Laws of Athens. As such, there can be legal obligation not simply because the law is force but because it is the force of law (IOI). We are aptly reminded of the dilemma once faced by Antigone. Allen concludes that "Socrates goes to his. death, finally, not to avoid breaking a promise, but to avoid doing of wrongful harm" (99). BOOK REVIEWS 661 Students of comparative law and legal history will undoubtedly enjoy Allen's brief discussion of the medieval writ of Assumpsit (once brought against a defendant not primarily because he had broken a promise, but because he had done wrongful harm in attempting to carry out his agreement with the plaintiff) as a common law ancestor of the modern law of contract. Allen's translations of the Apology and the Crito are smooth and clear. Appropriately subdivided, they are a joy to read and are fine additions to the ever-lengthening list of translations of Plato's dialogues. Because Allen also subdivides the introductory essays and appends to the entire volume a selected bibliography, an index of passages cited, and an index of names, the need for an index of topics is obviated. This is a book which should be read by all students of philosophy, classics, legal history, and comparative law. It is appropriate reading not only for insight into the problem of legal obligation but also for careful reflection on two of the most fundamental of Plato's dialogues. It is indeed a remarkable addition to the short shelf of genuinely significant interdisciplinary studies. STEPHEN J. SELEMAN Boston College Law School Newton Centre, Massachusetts. Letters and Diaries of John Henry Newman, Vol. IV. Edited by IAN KER and THOMAS GoRNALL, S.J. Oxford: The Clarendon Press; New York: Oxford University Press, 1980. Pp. xv + 4rn. $55.00...