On Opposing Positive Law and Appealing to Higher Law: The Cases of Antigone and Lincoln

This is a philosphy of law paper.

Here is the prompt: 
Is opposing positive law in the name of a higher moral law always a wise and effective
course of action, or is it often unwise and ineffective leading to tragedy, destruction, and
anarchy? Analyze the cases of Antigone vs. Creon and Lincoln vs. Stephen A. Douglas. In
your analysis, discuss specifically Creon’s arguments and Antigone’s replies, as well as
Douglas’s arguments in the First Lincoln-Douglas Debate (1858) and Lincoln’s reply and his
views on saving republican self-government and ending slavery. Assess whether the
higher law claims and practical strategies of Antigone and Lincoln were wise and effective
in opposing injustice. How should we judge the practical wisdom and results of Antigone
and Lincoln – were they heroic or tragic?




Antigone by Sophocles 

A classic Greek tragedy that delves into the complexities of morality, duty, and the clash between divine and human laws. 

Beginning:

The play begins with a war between two brothers, Eteocles and Polynices, over control of Thebes. Both brothers die in the conflict, and Creon, their uncle and the newly appointed king, decrees that Eteocles should be honored with a proper burial, while Polynices’ body should be left unburied to rot. Anyone attempting to bury Polynices will face severe consequences.

Antigone, sister to both brothers, is deeply troubled by this decree. Despite the consequences, she decides to defy Creon’s order and bury Polynices, believing in the divine laws that dictate proper burial for the dead.

Middle:

Antigone is caught in the act of burying Polynices by the guards and is brought before Creon. She openly admits to her actions, asserting that she was following the laws of the gods. Creon, however, remains steadfast in enforcing his decree, emphasizing the importance of obedience to human laws and the stability of the state.

The tension escalates as Antigone’s fiancé, Creon’s son Haemon, pleads with his father to reconsider and show mercy. Haemon argues for the balance between divine and human laws, cautioning against the consequences of rigid authoritarianism. Despite Haemon’s pleas, Creon remains unyielding.

End:

As the tragedy unfolds, Antigone is sentenced to be entombed alive. Haemon, devastated by the fate of his beloved, takes his own life. This tragic turn prompts Creon’s wife, Eurydice, to also end her life in grief. The play concludes with Creon facing the consequences of his decisions—his family is shattered, and he is left in despair.

Kray connects the main takeaways to law. A clash about two definitions of law. 

Creon’s understanding of law:

Pg 7-8 Creon explaining what his vision of law is: 

  • He will not play favorites in order for the city to have security, stability and safety. He will not be impartial.

  • Creon’s position is consistent but in someway unjust. Polyneices technically had the right to think he would come to power. Once polyneices attacked the city he lost his right to proper burial. 

Pg 29 strongest law and order speech:

What causes him to change. WHen people dig in he starts to have doubts and changes his mind to agree with antigone. The crucial point is when he talks to tiresias a blind prophet that.

Pg 48 lines 1110:

He calls the traditional laws of burial refers to proper burial of the dead of ancient greeks. Tireias argues piety. It comes from a religious authority. Tireias stops him from sentencing her to death. Kray attributes the change of mind to humility. 


Main Takeaways Regarding Law:

  • Conflict Between Divine and Human Laws: The play highlights the tension between the laws of the gods and the laws of men. Antigone’s adherence to divine laws, particularly the duty to bury the dead, clashes with Creon’s decree for the sake of state stability.

  • Hubris and Consequences: Creon’s excessive pride and stubbornness, characteristic of hubris, lead to tragic consequences. His refusal to listen to reason and compromise results in the downfall of his family.

  • Balance in Governance: Haemon argues for a balance between the rule of law and compassion, emphasizing the need for leaders to consider both divine principles and the well-being of their subjects.

  • Tragedy of Rigidity: The play serves as a cautionary tale about the dangers of inflexible leadership and the tragic outcomes that can result from prioritizing one set of laws over another without considering the broader ethical implications

Antigone’s view of law: 

Pg 19: Constantly refers to the gods and acknowledges that it is unwritten law. She says these laws lived for all time and no one knows when they came to light. Kray thinks their is a law above the gods that is there in the universe at all times. There is no reference to a certain type of higher law. Kray thinks it has to do with something associated to death. 

-Antigone mostly refers to divine law. But there is kind of something there besides that or further than that. In the intro they refer to natural law. She also is basically standing up for family or piety. She stands for family piety and burial rights. Respect for your elders and ancestors. Who is antigone? She is an aristocratic traditionalist. She is in a royal family bloodline. She has a higher status and she sees herself as 

-pg 39: She has a very low view of husband and children to father mother and brother. It had a weird sense of incest. She is extremely loyal to her family. Her view of law combines reverence for the dead, respect for the greek gods, and family law. It may be because they are a royal family but it is unclear if she thinks all family should be like this. Law of family, honor, respect, and love. Kray thinks shes aristocratic. She criticizes patriarchy a


Antigone’s Flaw by Patricia M. Lines 

-hubris and self-certainty. Antigone never doubts her own actions or beliefs.  

explores the character of Antigone in Sophocles’ play “Antigone” and delves into the theme of hubris as a tragic flaw. The analysis draws parallels between Antigone and her father Oedipus, emphasizing their shared traits of self-certainty and stubbornness.

The author begins by discussing the nature of politics and the importance of deliberation in making arrangements within a community. The focus then shifts to the concept of hubris, with the Greeks being the first to identify and worry about this political vice. Hubris, as discussed by Hannah Arendt, is contrasted with the virtue of moderation, emphasizing the need to keep within bounds.

The analysis then moves to Sophocles’ portrayal of hubris in “Oedipus Rex” and shifts to “Antigone.” The article challenges Aristotle’s characterization of Antigone as having a poor plot for a tragedy and suggests that she, too, possesses a tragic flaw. The central argument is that Antigone’s flaw lies in her self-certainty, a form of hubris.

The author explores the dynamics of Antigone’s actions, her defiance of Creon’s decree, and her refusal to engage in political deliberation. The chorus in the play identifies Antigone’s flaw as being autognwtoV (self-certainty) and autonomos (a law unto herself). These traits hinder her from considering the perspectives of others and lead to her tragic fate.

The article contrasts Antigone’s unwavering stance with Creon’s capacity for self-doubt and willingness to reconsider his judgments. It argues that Antigone’s flaw of self-certainty obstructs the kind of deliberation needed for a fuller understanding of justice within the community.

In the end, the analysis suggests that Antigone’s flaw serves as a cautionary lesson, highlighting the danger of absolute certainty and the need for political modesty. The article draws parallels between Antigone’s hubris and contemporary challenges in politics, emphasizing the importance of open dialogue and deliberation in the search for truth.


-Typical view is creon is the tyrant and antigone is the hero. 

-Creon is open to discussion and antigone is not. It makes you question who the hero is. Sophocles is a tragic thinker. John Locke wanted to make people more questioning.


Use attached documents for lincoln/douglas sections of the essay. Make a clear concise argument. You do not need to 

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