Socrates makes his presentation of the Social Contract in what is sometimes called “The Speech of the Laws” in the Crito, sections 50a-54d. Crito has come to persuade Socrates, who is in jail awaiting

I will first discuss all the possible interpretations that Woozley doesn’t accept as being plausible. The first in the question, is the court in the Apology offering Socrates a conditional discharge? The distinction being that, the court could possibly discharge Socrates conditionally and not offer a conditional discharge. The difference being that in the former Socrates would be released and if caught doing philosophy he would be killed, the latter being that the court offers to discharge with the agreement that Socrates no longer practice philosophy. Woozley thinks it clear that Socrates would be discharged conditionally, if he were offered a discharge Socrates clearly would not accept the offer, but in this case Socrates even rejects the notion of being discharged conditionally because he would not be able to abide by them. (Woozley, 1980, pp.301)

The fourth theory is that Socrates is adhering to the principle of the conscientious objector. What is wrong and what is illegal may coincide, as in the decision to try collectively the ten generals. However, the wrong and illegal may not coincide. The example Woozley gives is when the Thirty orders Socrates to go with the others to arrest Leon of Salamis. This order would not be illegal, but would be morally wrong, and because of this Socrates disobeyed the order. The problem with the conscientious objector theme is that while this is in line with the Crito in that one should disregard the opinions of the many when searching for the truth of right and wrong, it also opens a contradiction in that Socrates also says that one must obey the orders of the state, or persuade the state that the orders are unjust. “Because of Socrates’ insistence that it is not for a private citizen to render a court’s judgment ineffective; the rule that the judgment of a court is to be effective is itself a rule of law.” (Woozley, 1980, pp.306)

Several criticisms of this argument have, of course, arisen. I will examine two particular arguments by Sharon Post and A.D. Woozley. The first being that Socrates was not obligated to uphold the agreement because the agreement itself was unjust, and therefore impious. The second, that Socrates himself had directly contradicted earlier statements he had made in the Apology.

The second invalid theory is that Socrates in making a distinction between a law and a legal decision of a court. Woozley says we must disregard this theory for two reasons. First, nowhere does Socrates suggest that a decision by the court would be illegal, or that its illegality would be the reason he wouldn’t comply. The second, this would only open up another inconsistency. In the Crito Socrates insists on the requirement to obey a court’s decision, no matter how unjust it may be. (50b) It can’t be said that a court’s judgment would be illegal because there is a law specifically preventing that. (Woozley, 1980, pp.305)

The first criticism of Socrates argument is that Athens did not uphold its end of the agreement. Socrates’ agreement with the state insists that he must obey and uphold the law or persuade the state that the law is not just. (51c) “He [Socrates] correctly assumes that Athens’ congeniality to him obligates him to follow the tenets of the agreement, but he does not ask if Athens feels similarly obligated” (Post, 1998) Post argues that the agreement between Socrates and the state would be valid of the state had upheld its half of the agreement. The agreement rests on the fact that because of the congeniality of the state of Athens toward Socrates he must obey the laws or persuade the state that they are not just. “This implies both the obligation to obey the laws and the right to change them.” (Post, 1998) Post argues that Socrates is charged with doing what the agreement allows in trying to persuade the state that its ways are unjust. “By constantly questioning those who are considered wise, by showing others the worthlessness of human w

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