LAW IS DISCOVERY OF REALITY

LAW IS DISCOVERY OF REALITY By Larry Delano Coleman, Esq. Friday, April 03, 2015 (Quotations abstracted from “Minos,” PLATO: COMPLETE WORKS, edited by John M. Cooper, et al., Hackett Publishing Co., Indianapolis, IN: 1997) Plato in “Minos” asks the question, “What is law to us,” through the mouth of Socrates, who is engaged in a dialogue with a friend. The friend concludes that law is an acceptable political judgment. Socrates tentatively accepts this assertion. However, through honing their “Socratic process,” of reasoning, they conclude that “law is the discovery of reality.” P.1313 This revolutionary notion of law intrigued me, as an attorney, who has been condition to view law as evanescent, ever changing by “stare decisis; and similarly conditioned to view“ discovery” as an ever-evolving factual investigation process. So, I investigated this startling contrast, further. Plato explains Socrates’ eponymous reasoning process by his iconic teacher, himself: “Socrates: Look, my friend, it wouldn’t be at all surprising if what you say was correct but went over my head. So long as you express your views in lengthy speeches in your own style and I do too in my turn, I don’t think we’ll ever reach agreement. But if the inquiry is made as a common enterprise, maybe we would agree. So, join in common inquiry with me, asking questions of me if you like, or answering them if you would rather.” Pp. 1310-1311. When introduced to the Socratic process in law school, we quickly learned that the questions came one-way, primarily, from the professors to us. Not from us to them “if we liked!” Answer or else, declaratively, then and right then. Or else be shamed. At another place, Plato’s, nee Socrates’, observations on how law is adduced differs markedly from that prevailing process in American common law. I quote: “Socrates: Then these writings which people call laws are treatises on politics—treatises by kings and good men. “Friend: What you say is true. “Socrates: Then surely those who possess knowledge will not write different things at different times on the same matters. “Friend: No. “Socrates: Nor yet will they ever change one set of accepted ideas for another on the same matter? “Friend: Certainly not. “Socrates: So if we see anyone doing this anywhere, shall we say that those who do it or in possession of knowledge or not in possession? “Friend: Not in possession. “Socrates: And won’t we say whatever is correct is the accepted idea in each sphere, whether in medicine, cookery, or in gardening? “Friend: Yes. “Socrates: And whatever is not correct, we shall never again say it is an accepted idea? “Friend: Never again “Socrates: Then it proves to be unlawful. “Friend: It must be. “Socrates: And in treatises on what is just and unjust and in general on organization of a city and on how one should administer a city, isn’t what is correct a law of royal skill? But not what is not correct, although it is taken to be law by those who don’t know. That is unlawful. “Friend: Yes. “Socrates: Then we are correct in agreeing that law is discovery of reality. “Friend: It seems so.” Pp.1312-1313. Having watched American law say one thing and mean another; while meaning one thing and saying another, in both my study of American history and in my 30+ years’ of American law practice, I am delighted to be able to “discover” at last the original template for the Socratic process and the correct method for determining good law.