Philosophy and Athens (in)justice

Abstract

The article is devoted to the study of the features of ancient Athenian democracy and its legal system in relation to philosophical activity. Much attention is paid to the religious basis of the Athenian polis and the means of its protection against the so-called “godlessness”. The purpose of the article is to analyze the relationship between the legal system of ancient Athens and philosophy. Using the example of asebia (persecution for religious views), we rethink the features of Athenian democracy and point out the failure to observe human rights in the area of freedom of conscience.
A retrospective analysis of the main trials and pre-trial prosecutions in Athens on charges of “godlessness” or “impiety” (in particular, the persecution of Anaxagoras, Protagoras, Socrates, Aristotle, Theophrastus) is carried out. Special attention is paid to the trial of 399 BC over Socrates, who became a symbol of the limitations of Athenian democratic justice, which can be viewed as injustice. The political aspects of the persecution of the Philosopher are indicated. Based on the analysis, it is concluded that in democratic Athens there was no principle of non-interference of the state in personal philosophical and ideological beliefs, religion as an independent sphere of human relations, as a matter of freedom of conscience. Such trials did not contribute to the development of philosophy in Athens, although it continued its research and preaching in private places and outside the polis. The real flowering of Athenian classical philosophy begins only after the abolition of restrictions on the creation of new schools, that is, after 307 BC. The philosophical and legal analysis of the persecution of philosophy in Athens is of extraordinary importance for modern democratic justice, which must provide a reliable system of guarantees and mechanisms for the protection of human rights and freedoms, including the right to freedom of conscience.