Unwritten Law: Antigone's Dilemma

how is it similar or different to antigone

In Sophocles' play Antigone, the eponymous heroine defies her uncle Creon, the King of Thebes, and breaks the law by burying the body of her traitor brother Polynices. Antigone believes that the unwritten laws of the gods, which command people to give the dead a proper burial, are more important than any man-made law. This conflict between divine and civil law forms the central theme of the play, with Antigone's actions suggesting that natural law is superior to positive (man-made) law. Antigone's stance is that state law is not absolute and can be broken in extreme cases, such as honouring the gods, whose authority outweighs that of Creon. This interpretation of Antigone's actions aligns with the idea that laws are more effective when learned by memory and observation than when written down.

Characteristics Values
Author Sophocles
Date Written between 495-405 BCE, generally placed in 442/441 BCE
Setting Democratic Athens
Theme Conflict between Antigone and her uncle Creon, King of Thebes, over the burial of her brother Polynices
Unwritten Law Antigone believes in the unwritten law of the gods, which demands that the dead be given a proper burial
Written Law Creon's edict, as King of Thebes, is that Polynices, a traitor, should not be buried
Context Decades of war have left Athenians torn between family and state demands over how the dead should be commemorated
Natural Law Antigone's belief in the superiority of natural law, or the law of the gods, over man-made law
Citizenship Creon believes citizenship is contract-oriented and can be lost, while Antigone believes citizenship is absolute and undeniable
Community Antigone is aligned with the community in opposing the ruler's edicts, which themselves break the laws

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Divine law vs civil law

In Sophocles' play "Antigone", the main conflict is between civil law and divine law. Antigone's brother Polynices, turned against his city by attacking his own brother, so he could become king. Both brothers died, but only one, Eteocles, was given funeral honours. Polynices was left unburied on the battlefield, as per Creon's, Antigone's uncle and the King of Thebes, decree. Antigone, wanted to bury Polynices and, in doing so, defied Creon's edict.

Antigone firmly believed that divine law was far more superior to civil law. Obeying the gods was more crucial to obeying the government. She felt that if she died while upholding the laws of the gods, her afterlife would be better. Antigone's views of divine justice conflicted with Creon’s will as head of the state. Creon believed that the state and government are supreme to the religious laws and the gods. He demanded obedience to the positive law above all else, right or wrong, and said there is nothing worse than disobedience to authority.

Antigone, on the other hand, responded with the idea that state law is not absolute and it can be broken in civil disobedience in extreme cases such as honouring the gods whose authority and rule outweigh Creon’s. Antigone believed that her brother needed to have a proper burial in order to make the journey to the underworld. Antigone's comments to Ismene with regard to Creon’s edict, “He has no right to keep me from my own”. Antigone also had the gods on her side. It was an unwritten rule of ancient Greek society that the dead must be buried, otherwise bad things may happen. This rule, because it was unwritten and therefore innate, was protected by the gods, specifically Hades, the god of the underworld and family.

In conclusion, the play "Antigone" by Sophocles is a play that explores the conflict between civil and divine law, and the impact of this conflict on the characters' lives and choices. Antigone and Creon both have differing beliefs, ideas, and opinions regarding divine law and civil law, and their loyalty to their respective laws leads to a chain of destructive events in the plot.

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Citizenship by nature vs citizenship by law

In Sophocles' play 'Antigone', the contrasting views on citizenship – as either absolute and undeniable or based on behaviour – are known as "citizenship by nature" and "citizenship by law", respectively. Citizenship by nature is a concept that upholds the belief that citizenship is an absolute right and cannot be revoked. On the other hand, citizenship by law suggests that citizenship is conditional and can be lost or gained depending on behaviour and circumstances.

Antigone's determination to bury Polynices, despite his betrayal of the state, stems from her belief in the superiority of natural law and citizenship by nature. She argues that Polynices' betrayal does not sever his connection to the city or revoke his right to a proper burial, as dictated by the gods. Antigone's appeal to her sister, Ismene, to help bury Polynices out of sisterly love, further emphasises her belief in the inalienability of certain rights, which transcend human laws.

Creon, on the other hand, embodies the perspective of citizenship by law. He believes that Polynices, by attacking the city, has forfeited his right to a proper burial as a citizen of Thebes. Creon's decree to leave Polynices unburied reflects his view that citizenship is a social contract based on loyalty. In his eyes, Polynices' actions constitute an abandonment of citizenship, and he places the maintenance of social order and obedience to the law above all else.

The conflict between Antigone and Creon's views on citizenship and law forms a central axis of tension in the play. Antigone's unwavering commitment to natural law and her belief in the supremacy of divine authority over man-made laws lead her to civil disobedience. Creon, conversely, embodies the notion of positive law, demanding absolute obedience to the state's decrees. This clash between citizenship by nature and citizenship by law raises fundamental questions about the foundation of law and the limits of obedience to legal authority.

The themes explored in 'Antigone' have been compared to the philosophical perspectives of St. Thomas Aquinas, particularly in his work 'Summa Theologiae'. Aquinas' contrast between human law and natural law mirrors the dichotomy between citizenship by nature and citizenship by law presented in the play. The play's exploration of these concepts contributes to its enduring relevance and provides a lens for examining the complex relationship between human, divine, and natural law.

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Natural law vs positive law

The conflict between natural law and positive law is a central theme in Sophocles' play *Antigone*. Natural law, which claims that morality is a prerequisite for valid law, is pitted against positive law, which asserts that the law should be separate from morality and issued by a legal authority. This divide reflects the opposing views of the play's main characters, Antigone and Creon.

Antigone embodies the principles of natural law, prioritising her loyalty to her brother and her belief in the gods' commands over the man-made laws of the state. She argues that citizenship is not contract-based and that her brother, despite his assault on Thebes, is still entitled to a proper burial as commanded by the gods. Antigone's stance aligns with that of Thomas Aquinas, who considered positive laws unjust when they contradicted natural law and stated, "We ought to obey God rather than men".

On the other hand, Creon, as the head of state and lawgiver in Thebes, represents positive law. He demands obedience to the law above all else and believes in the absolute authority of the state's laws. Creon's decree to leave Polynices, Antigone's brother, unburied serves as a bold statement about citizenship and its abdication. This decree also highlights the conflict between natural law, rooted in divine order or nature, and positive law, which is solely concerned with human-made laws.

The play *Antigone* thus presents a complex exploration of the tension between natural and positive law, raising fundamental questions about the foundation of law and the limits of obedience to legal authority. It showcases the tragic consequences of adhering exclusively to either divine or human law and suggests that a balance between the two is necessary for justice.

In conclusion, the conflict between natural law and positive law in *Antigone* reflects the enduring debate over the role of morality in law and the authority of man-made laws. The play's exploration of these themes continues to resonate and influence legal and philosophical thought.

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Unwritten law vs written law

In Sophocles' play "Antigone", the protagonist Antigone refers to "unwritten laws", which are set by God and involve morals and beliefs. Antigone's beliefs in these unwritten laws lead her to defy the written laws of her uncle, Creon, the king of Thebes, and bury her brother Polyneices, who had died at the hands of his brother Eteocles. Creon had refused to allow Polynices to be buried, considering him a traitor, and decreed that his body be left for animals to prey on. Antigone's actions, therefore, pit divine law against civil law and raise questions about which takes precedence.

The concept of unwritten law, or moral law, is distinct from written law in that it is not applicable to everyone, as not everyone believes in God. Unwritten laws are based on morals and decisions about right and wrong, while written laws are typically established by the leader of a community or land to govern it. Written laws are enforced by appointed officers or guards, who punish those who do not comply.

In the context of ancient Greece, the idea of unwritten law was first introduced in Sophocles' "Antigone", set against the backdrop of Athens' written laws. The play explores the tension between individual beliefs and community expectations, divine law and civil law, and the rights of the individual versus the needs of the state. Antigone's actions are driven by her loyalty to her brother and her duty to the gods, while Creon's edicts are motivated by his understanding of the need for order and the weight of the state's interests.

The contrast between written and unwritten law can also be observed in Athenian and Spartan societies. While Athens was known for its written laws, Sparta, under the lawgiver Lycurgus, was associated with unwritten laws that were passed down through memorisation and practice. Lycurgus is said to have prohibited the writing down of his laws, which covered all aspects of social life in intricate detail.

In conclusion, the comparison of unwritten law versus written law in Sophocles' "Antigone" highlights the complexities that arise when these two types of laws conflict. Antigone's adherence to unwritten divine laws leads her to challenge Creon's written civil laws, demonstrating the power of individual beliefs and the potential for dissent when laws are perceived as unjust.

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Community vs ruler

In Sophocles' play Antigone, the eponymous heroine's actions pit her against Creon, the ruler of Thebes. Antigone's desire to bury her brother Polyneices, who had betrayed the state, goes against Creon's edict forbidding anyone from performing the burial rite. This sets up a conflict between community and ruler, with Antigone's loyalty to her brother and the gods clashing with Creon's duty to uphold the laws of the state.

Antigone's actions can be interpreted as an appeal to natural law or divine law, which is rooted in her belief in the gods and the practices of her community. She argues that the gods have commanded people to give the dead a proper burial, and this law outweighs any man-made law, including Creon's edict. Antigone's stance aligns her with the community, as she opposes the ruler's edicts, which themselves break the city's longstanding laws and customs that are underpinned by the gods.

Creon, on the other hand, represents the state and its public laws. As a new king, he must establish his authority and show resolve, especially since his claim to the throne is weak. He believes that his first responsibility is to the city, and he must protect it from threats, including the traitor Polyneices. Mercy towards Polyneices' corpse would show weakness and invite further danger to the state. Thus, Creon's decisions are driven by his duty to the community and his understanding of justice.

The conflict between Antigone and Creon highlights the tension between community and ruler. Antigone's defence of her family and divine law pits her against Creon's duty to uphold the laws of the state. This struggle between natural law and man-made law, or unwritten law and written law, is a central theme in the play, showcasing the complexities that arise when these laws come into conflict.

While some interpretations portray Antigone as a courageous defender of her beliefs, willing to endanger herself for a higher cause, others view her actions as endangering the community for a personal obligation. Creon, despite being portrayed as prideful and narrow-minded, also garners sympathy as he navigates the challenging responsibilities of a ruler. Ultimately, the play invites reflection on the complexities of justice, mercy, and the interplay between community and ruler.

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Frequently asked questions

Antigone, daughter of King Oedipus of Thebes, wishes to bury her brother Polynices' remains after he is killed by their brother Eteocles. Polynices is seen as a rebel, a regicide, and a fratricide, and King Creon of Thebes refuses to allow Polynices to be buried. Antigone defies Creon and attempts to bury Polynices, citing unwritten laws.

Antigone feels a duty towards the gods to bury her brother and is willing to sacrifice herself to obey them. She also feels a strong loyalty to her brother and believes that the natural laws of the gods are more important and just than human laws.

Lycurgus, the Spartan lawgiver, is said to have made unwritten laws that covered all aspects of social life and were passed down through memorisation and practice. Antigone's unwritten laws, on the other hand, are rooted in the practices and beliefs of the community.

Antigone's conflict with Creon over divine law versus civil law is a central theme of the play. It highlights the importance of standing up for what you believe in and knowing the difference between right and wrong. The play also explores the tension between individual and community, and the weight of an implicit contract between a citizen and their Polis.

Antigone's unwritten laws have been used to support various theories, including natural law, constitutional frameworks, and transcendental categories. They have also been interpreted as a corrective to the harshness of legalism, emphasising equity and universal morality. The concept of unwritten laws has been associated with Athenian democracy and the belief that laws are more effective when learned by memory and observation rather than when written down.

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