FOUNDINGS VS. CONSTITUTIONS . While there is much to be said on this topic by looking at the phIlosophers of ancient Athens - comparing, for example, the and the Laws, or considering Protagoras' speech in Plato's Protaooras 2: FOUNDINGS VS. CONSTITUTIONS: or Book 2 of Aristotle's Politics - I will focus my discussion on ~llTl.:e ancient tragedies2 in order to address just those issues that are often ANCIENT TRAGEDY AND THE ORIGINS ignored today in the theoretical and practical work surroundino- the OF POLITICAL COMMUNITyI establishment of political institutions. The ancient tragedies allow ~iS [(, raise questions about the consequences of the abstractions that emer£!" Arlene W. Saxonhouse in a modern world that identifies political foundings with constitl1ti(~11 writing, alerting us to the limits of our own perspectives and dle: dangers of ignoring those limits. INTRODUCTION TO THE ISSUES T Thomas Paine, in celebrating the emerging American nation, envisiollS he characters who inhabit ancient tragedy continue to the empty page on which the new nation will be built: "A situation, burn themselves into our consciousness. Oedipus, Antigone, similar to the present, hath not happened since the days of Noah until Clytemnestra, and Electra all offer us visions of heroes and now. The birthday of a new world is at hand .... " So he exults in 1776.3 villains, personalities and psychologies caught in the labyrinthine con Later, in The Rights of Man, he will censure Edmund Burke who fails w sequences of their own characters and of fate. Yet, ancient tragedy goes understand that: "The vanity and presumption of governing beyond the well beyond the portrayal of the actions and choices of these command grave, is the most ridiculous and insolent of all tyrannies" as he herald ing figures. Through the presentation of an Antigone or an Oedipus or this new world by dismissing the "manuscript assumed authority of til" an Orestes, it explores as well the challenges entailed in the founding of dead."4 The world Paine envisions, the world that the social-colitrJc:( political communities. Today, whether we turn to the newly democra theories of Hobbes and Locke had theorized, is one open to the creative tizing states or the issues surrounding the creation of a political union in powers of human reason and human speech. It is a world that exalts the Europe, our understanding of political beginnings and communal life human freedom that creates by itself the conditions under which ve often resides in the process of constitution making, the creation of insti live. At the same time, as some have recently written, the writing of tutions, and legal safeguards intended to provide for the security and a constItution becomes a challenge to freedom, a self-limiting activiry protection of individual freedom. The ancient Athenians writincr long , b that arIses from the foreknowledge of the actions of humans driven before the legalistic language of constitutions came to define political by self-interest.) Sheldon Wolin is one of those scholars who have foundings, grappled with a range of issues that force us to reflect on the focused on the oxymoronic nature of a constitutional democracy iil beginnings of political communities and to take those concerns well order to underscore how constitutions are antithetical to the freedom beyond the abstract legalistic focus that dominates the contemporary envisioned by the democratic mode1.6 But these constitutions come process. The tragedians recognize the myths, the gender-laden choices, the exclusions at the base of assertions of political order. They put on There are a multitude of possible plays that would be relevant for discussion. I think stage the potential tragic consequences that undermine the optimism 2 1110St specifically of Euripides' Ion (see Saxonhouse 1986), but one could just as easily often present at the foundational moments of political communities. engage hIS Bacchae or Anstophanes' Birds or Ecclesiazusae. l This is from the appendix to Common Sense in Paine 1995: 52-3. I I dedicate this chapter to the memory of my husband Gary Saxonhouse who died , Paine 1995: 438-39· ofleukernia in November 2006. Work on this piece began in Seattle where we spent i See, for example, Elster 2000. our last weeks together. 6 See Wolin 1994. ARLENE W. SAXONHOUSE FOUNDINGS VS CONSTITUTIONS from the sense of openness, the open field suddenly created by the In the ancient world, in contrast, according to Strauss in his opportunity to construct a new state. The ancient tragedians recognized chapter "Classic Natural Right," speech is not the creator of politicJ this celebration of the new, but even as they celebrated it, they also feared institutions, but the marker of sociability: "Man is by nature a social the forgetfulness that underlies the act of constitutional creation. They being. He is so constituted that he cannot live, or live well, except by ask us to reflect on what is lost with the novelty of what we today have living with others. Since it is reason or speech that distinguished him come to call constitution writing, what in their world we might say from the other animals, and speech is communication, man is social would be the celebratory reliance on the creative powers of speech and in a more radical sense than any other social animal: humanity itself is reason. sociality."IO Speech here does not create ex nihilo. It binds the human Leo Strauss in Natural Right and History distinguishes ancient and community together through debate concerning the just and the good, modern political thought, in part, by saying that the moderns focus on not through the construction of the bonds that will limit freedom so thar the beginnings of cities while the ancients focused on their ends, or members of the community can live together in peace rather than war. in Strauss' language, the "nonteleological" perspective of modern sci To develop his understanding of classic natural right, Strauss emphasizes ence versus the teleological foundation of "[n]atural right in its classic the ancients' concern with the perfection of human nature, which is form."7 The classic statement of this perspective comes when Thomas compatible with the end of the city, "peaceful activity in accordance Hobbes so cavalierly dismisses the summum bonum: "[T]here is no such with the dignity of man."II Thus, his reading of the ancients highlights Finis ultimus (utmost aim) nor Summum Bonum (greatest good) as is their concern with ends and the understanding of the relation betvieen spoken of in the books of the old moral philosophers" (Leviathan, the ends of the city and of the individual - their concern, in other Chap. I r). With the rejection of an "end" came the focus on origins, words, with the summum bonum so summarily dismissed by Hobbes. the creation of the political community through speech and science. It is Aristotle, however, not the playwrights, who lies behind Strauss's And, the focus on beginnings meant the focus on the freedom of the reading of the ancients here. individual as the starting point for political formation. The natural The ancient writers and especially the playwrights I discuss were condition of mankind was understood as a condition of freedom for also concerned with beginnings, how cities emerged and the con Hobbes and for Locke; abandonment of that freedom was possible only sequences of those origins. Those origins, for sure, did not reside in as an act of individual will or consent. In the final lines of his book, contracts with individuals thinking in terms of cost-benefit analyses, but Strauss writes: "The quarrel between the ancients and the moderns they did address the consequences of efforts to construct afresh and they concerns eventually, and perhaps even from the beginning, the status offered a quite different reading of the place of reason in the polity - of 'individuality.'''8 Given the polity's origins in individual choice, the one hardly so sanguine as Strauss' portrait of the regime as the realm in evaluative focus of the modern world is the degree to which that "indi which the human being can find his or her humanity. viduality" and freedom can be preserved. For example, Strauss writes: Hannah Arendt, in many of her writings but especially in On "According to Locke, the best institutional safeguards for the rights Revolution, writes powerfully as well about the generation of political of the individuals are supplied by a constitution that, in practically all regimes. In On Revolution she quotes in a footnote the constitutional domestic matters, strictly subordinates the executive power (which must theorist and historian Edwin Corwin, who writes: "The attribution be strong) to law, and ultimately to a well-defined legislative assembly."9 of supremacy to the [US] Constitution on the ground solely of its Here the understanding of political power emerges from an articulation rootage in popular will represents ... a comparatively late outgrowth of the origins of that power in the self-interested focus on individual of American constitutional theory. Earlier the supremacy accorded rights. to constitutions was ascribed less to their putative source than to their supposed content, to their embodiment of essential and unchanging 7 Strauss 1953: 7-8. 8 Strauss 1953: 323. IO Strauss 1953: l29. 9 Strauss 1953: 233. II Strauss I953: 134. ARLENE \V. SAXONHOUSE FOUNDlNGS VS. CONSTITUTIONS justice."12 Arendt, through Corwin, here suggests that the older view ANTIGONE: THE IMPIETY OF I-IUMAN SPEECH!; of constitutions could satisty Strauss's reading of the goal of the ancient politeia or regime; it is only with the emergence of constitutions derived Antigone has defied the orders of the king of Thebes, Creon. She has from "popular will" that there is the radical shift from ends to begin performed the burial rites for her brother Polyneices. He had led :,ll nings, not with constitutions themselves. Arendt's interest, however, is invading army against Thebes and had been declared an enemy of [he mainly with that constitution-writing moment. "[T]he end of rebellion city, denied burial by the city with his corpse left outside the city walls is liberation," the source of our freedom, "while the end of revolu to be eaten by birds and wild animals. Creon believed he was bringing tion is the foundation of freedom," in other words, the constitution civil order to a shaken city by so marking Polyneices as an enemy. This writing moment when freedom is protected. Or, as she continues, clarification of friend and enemy would set the ship of state aright. nm "[T]he political scientist at least will know how to avoid the pitfall of Antigone, brought before him as the one who has defied his decrees the historian who tends to place his emphasis upon the first and vio and performed the burial rites for her brother, confronts him with the lent stage of rebellion ... on the uprising against tyranny, to the detri weakness of his decrees, his human speech before those unwritten laws ment of the quieter second stage of revolution and constitution."13 that come from Zeus. In a justly famous ode, Antigone scorns Creon's But she, too, understands the constitution as the source of freedom decrees and sings: understood as government limited by law and as the safeguard of civil liberties. '4 Quoting Paine, she remarks: "A constitution is not the act Yes, it was not Zeus that made the proclamation; of a government, but of a people constituting a government."!5 Ever nor did Justice, which lives with those below, enact since I789, constitution writing has been seen as a radical founding such laws as that, for mankind. I did not believe nlOment. 16 your proclamation had such power to enable Those of us interested in the ancient world cannot write of consti one who will someday die to override tutions, nor even of a legitimizing popular will as Arendt does; such lan God's ordinances, unwritten and secure. guage simply was not part of the conceptual framework of the ancients. They are not of today and yesterday; Nor do founding moments characterized by the adoption of constitu they live forever; none knows when they first were. (450--57)'° tions capture the beginning point of regimes. Instead, what the tragedies offer is a different understanding of the original grounding of cities The beauty of the translation by David Grene hides some of the anri not as constitution-writing moments of self-limitation, but as moments when human rationality faces the terrifying forces that limit it. Found nomies that are at the heart of her ode ~ and of the argument here. Antigone gives this speech to set herself apart from the decree of Creon ings are not the glorious moments of human creativity, but rather they and in so doing she undermines both speech and writing. The la\"s highlight the community's debts to history and to ancient pieties. The of Zeus are not known through the language of men. They resist [he optimism of the modern world of constitution writing is moderated grounding that writing would entail. by the weight of the past and of biology, neither of which reason and Creon had gloried in the power of the speech of man to ere,,(, the imagination can escape. "Foundings" come not as the grand, free order. Man's capacity for speech is, for him, the source of political moment of constitution writing, but rather when the limits to our bility. In his effort to secure the safety of his city, he proclaims tbt !.: freedom are acknowledged. nephew Polyneices, who threatened the city with his army of warriors, "shall no one honor with a grave and none shall mouri," Arendt 1990 [1963]: 304-5 n. 32, italics added. IJ Arendt 1990 [I963]: I42. (203~4). When Creon is confronted with Antigone, who has hem 14 Arendt 1990 [I963]: 143. ored Polyneices with a grave and mourned him as well, he expresses 15 Arendt 1990 [I963]: 145. 16 Carl Freidrich 1963: 404-5, distinguishes acts of foundations which create groups 17 This section draws to some degree on the discussion of the Amigone in Saxollho",e as opposed to acts of institution that create order. I am blurring those distinctions 1995· here. IS I use the translation of Grene 1991 with some modifications. ARLENE W SAXONHOUSE FOUNDINGS VS. CONSTITUTIONS bafflement that she would have performed such an act: "Now, Antigone, and dismisses the family ties - after all, Polyneices is his nephew, the sell tell me shortly and to the point, / did you know the proclamation against of his sister - that would call for cornpassion and leniency. And not only your action?" (446-47). How could she perform these acts, knowing is Antigone Creon's niece, she is affianced to his son Haemon. Creu!] the decree that was spoken before the city? How could she have so rises above such attachments and considers the whole city. He identitle;:i blatantly ignored in deed the power of his speech? For Creon, the with the city, not the family out of which the city is composed. speech of the ruler controls and limits the actions of others; how then The welfare of the city that he is so eager to establish and preserve could Antigone have resisted that power and performed the deeds the depends specifically on speech that denies the emotions that might messenger reports and to which she admits? lead him to soften before his son's beloved or his sister's child. His From the opening moments of the play, Antigone has denied the speech affirms the necessity offirmness and most especially of rationaJiLy efficacy of human speech, scorufully dismissing the spoken decrees of against emotion. The devotion of Antigone to her brother, in contra::,[, the city's leader, mocking Creon as a tyrant who imagines himself a depends on their common beginning in their mother's womb. TLi[ free man who can say and do whatever he wishes, unrestrained by a common birth evoking familial and emotional ties, not reason, bin,]) people whose "tongue fear confines" (505-7). The inability to speak them together beyond life. When much later in the play Antigone relic:" means powerlessness, as Antigone's less daring sister Ismene understands on reasoning to explain her actions, her language sounds hollow, shCll! so well. Ismene had urged Antigone not to act against the speech of of the passion that motivated the earlier speeches; indeed, it borders dl, Creon and of the city, equating Creon with the freshly saved city. How the absurd: can the two sisters perform the burial rites when "Creon has forbidden it" (47),19 she asks. But Antigone scorns the orders that come from Yet those who think rightly will think I did right human speech even if they are to intended reassert an order that has in honoring you [Polyneices]. Had I been a mother been lost. The orders that she follows are worthy of obedience precisely of children, and my husband been dead and rotten, because they are unwritten, beyond the realm of the political life of any I would not have taken this weary task upon me city. She speaks haughtily to Creon of those unwritten laws knowing against the will of the city. ... full well that Creon functions in a world of spoken decrees, proclaimed If my husband were dead, I might have had another, before the city through the voice of its leader and followed precisely and child from another man, if I lost the first. because they have been spoken by the man who imagines himself But when father and mother both were hidden in death holding the city (like a ship) upright through his speech. no brother's life would bloom for me again. (905-7, 909-12) Antigone in her memorable language has established an opposi tion between the natural order set out by the gods, an order that is When she tries to speak in the same language of Creon, assessing rl not captured through human speech, and the man-made order that status of "brother" versus "husband," she no longer speaks in her O\vn governs Creon's world, an order expressed through words and the let voice drawn from the bonds of familial ties. She is, in fact, parrotilli', ters engraved on stone stele. In Sophocles' play, Creon is initially not a speech given by a Persian noblewoman, the wife of Intaphernes ill portrayed as an evil king; he presents himself as focused on the welfare Herodotus' Histories (3. II 9) . So close to death, she justifies her actions of his city: "anyone thinking / another man more friend than his own in a speech so rhetorical that Aristotle considers it worthy of analysis country, / I rate him nowhere. For my part ... I would not be silent / in his Rhetoric (1417a). The strange rhetoric and emotional emptiness if I saw ruin, not safety, on the way / towards my fellow citizens" (182- of this speech underscore the limits of human reason when confronted 87). When Antigone is identified as the perpetrator of the forbidden with a devotion to the unwritten demands of familial justice. deed, he focuses on the city's need to define clearly friend and enemy Creon, so certain in his assertion of the rightness of his actions and in his dependence on speech, stands forth as the male. He will not 19 The Greek is even stronger than Grene's translation: anleilekvto5, to have spoken allow himself to be ruled by a female; he demands attention to what is against it. Three lines earlier Ismene had associated Creon's decree with the city as a whole: "Would you bury him, when it is forbidden by the city as a whole?" (44). built on speech, not the ties of the natural or the emotional. Antigone, The Greek in this instance is aponhavil polei. despite her efforts to unsex herself and affirm the meaning of her name ARLENE W SAXONHOUSE FOUNDINGS VS. CONSTITUTIONS (anti-gone: opposed to generation), from the beginning defends the pri betwe~n Antigone and Creon, we see the dramatic and tragic plaYi1l1' ority of a unity dependent on birth, on the natural processes that brmg out of thIS conflIct - the resistance to the founding of the rI ill forth life. Affirming in the first lines of the play that it is their common depends on human reason and the natural order perceived in the ties lL., womb that ties her to her brother, she turns to the natural forces of gen come £I'om familial connections. In Sophocles' version, the failure te, eration to ground her world. Haemon's status as her fiance is dependent listen to Antigone's (and others') warnings about the imagined fredull) on agreements based on speech and thus becomes irrelevant for her life. of human action through the creative power of convention-creiliiw Ismene, not Antigone, reminds Creon of the engagement of Antlgone y speech leads to tragedy and loss beyond measure. With his wife al,:! and Haemon (568). In response, Creon crudely notes: "[T]here are child dead, Creon learns that cities are not founded on nor held upriglll other fields for him to plough" (569). A husband/fiance is not born; he by human speech. He learns that attention to the unspoken and t h" does not come from nature, but from convention. The ties to a brother, anCIent, the bonds that exist independently of the conventions created in contrast, are not constructed by speech. by speech, must be given their place in the city he tries so miseLlbh, rl> In the early lines of the play, the chorus ofTheban elders sings its lead through reason and speech. . justly famous choral ode about "the wonders of man." The audience hears of this creature: THE ORESTEIA: THE REASON OF THE GODS / TH [ A cunning fellow is man. His contrivances PASSIONS OF MEN20 . make him master of beasts of the field and those that move in the mountains. The Oresteia, written and performed several decades before the Antir.:ollc, So he brings the horse with the shaggy neck affirms the pnonty of reason combined with obedience to the gods over to bend underneath the yoke; the tIes ofblrth. In Some ways we can see the Antigone as a response to the and also the untamed mountain bull ... Oresteia, for 111 the final play of Aeschylus' trilogy, the Eumenides, the He has a way against everything, ties of family arising from the processes of birth from the female's womb and he faces nothing that is to come are banished to the dark caves below the city of Athens. Meanwhile without contrivance. (347-52, 360-·6r) \Va; the shining brilliance of the goddess of wisdom, Athena - she who born full grown from the head of Zeus - grounds the founding of the These wonders, though, carry with them the threat of excess and of beautIful new CIty of Athens. This city arises from the goddess-imposed arrogance. Yet still the power of the gods and of nature remains in JudiCIal system that attends to the city's need for political order, not the form of death: "Only against death / can he call on no means of to the needs of family members working out their complex ancestral escape," concludes the chorus (36r-62). The forces of the natural world and domestlc relationships. In the final play of the trilogy, the theme of limit human craft, however much that craft can tame the land and the motherhood is openly argued and rejected. The common birth fi'om seas and the wild animals. The divine and the natural retain their power the womb of Jocasta that tied Antigone to her brother is diminished despite human reason. Creon's speech alone cannot re-establish the by the assertion of the priority of the ties based on reason and craft upright city in defiance of the unwritten laws of Zeus. DespIte all hIS as opposed to those of nature. The Oresteia is the ancient expressiol~ contrivances, man cannot conquer nature. of Arendt's "constitution-writing" moment - the old gods have been Sophocles' tragedy turns his audience to a reverence for the gods overthrown and the new world is about to be created. This moment over man. God is the creator of a natural order, the source of the though, is marked by the ominous undertones that Aeschylus weave~ unspoken, unwritten laws that can only be known through looking Into hIS tnlogy and that Arendt seems to ignore. into our own hearts, not by listening to the spoken decrees by the hkes The first two plays of Aeschylus' grand trilogy are plays of revellge of Creon. As Strauss (r953) develops in the third chapter of Natural for harms done to members of the same family. Clytemnestra kills Right and History, political philosophy emerges from the discovery of the opposition between the natural and the conventional. In the conflict 20 The discussion of the Oresteia draws in part from Saxonhouse 1984. FOUNDINGS VS. CONSTITUTIONS ARLENE W. SAXON HOUSE rulers who had served as the prophetic voice at Delphi. Apollo's arrivJ! Agamemnon, she claims, because "He thought no more of it [sacri marks their departure. ficing Iphegenia] than killing a beast / ... he sacrificed his own chIld, Orestes comes to Athens for his trial searching for the civili2(.: our daughter / the agony I labored into love / to charm away the world that will end the natural cycle of vengeance of which he savage winds of Thrace" (Agamemnon I440, 1442-44).21 Orestes kills been a part. And Apollo, he who has dismissed the female to tam,: his mother Clytemnestra because she has killed his father and has sent Orestes himself into exile. The harms are carried out within the fam the wilderness, along with the virgin goddess Athena, stands there: iii the foundation of the city of the Athenians, transforming it into [h:< ily though the consequences spread well beyond into the lives of the civilized world and providing for its security. The order they establisll inhabitants of the city of Argos. is predicated, however, on denying the forces of nature and replacing At the end of the second play of the trilogy, The Libation Bearers, them with reason. Thus, Apollo in his oft-cited speech at the tri:;I of Orestes is being driven mad by the emissaries ofh1s mother's ghost, the Orestes says: Furies who are avenging the mother's murder. He describes these Furies for the chorus oflibation bearers who do not understand his screams and The woman you call the mother of the child cannot see these visions in his head: "Women - look - like Gorgons / is not the parent, just the nurse to the seed, shrouded in black, their heads wreathed, swarming serpents! ... No the new-sown seed that swells and grows inside her. dreams, these torments, / not to me, they're clear, real - the hounds / The man is the source oflife - the one who mounts. of my mother's hate" (I048-50, I053-55). Resolution will only be She, like stranger for stranger, keeps possible when those executors of familial justice are subdued, when the the shoot alive ... (666-71) bonds of the family yield fully to the power of the Clty that has been constructed by the wisdom of the goddess, when the city can dis~iss the ties that Antigone had so desperately wanted to affirm and for whIch Knowledge that the male is the father of the child, of course, "i:, she had found support in the unwritten laws of Zeus - and, indeed, in on abstract reasoning, moving beyond what is empirically observed, tbe the action of the tragedy Sophocles sets on the Athenian stage. In the growing belly of the female and the processes of birth, to the speculative final play in Aeschylus' trilogy, the resolution of the terrible cycle of world of the invisible seed that can only be assumed, not seen. l'Lltm:: vengeance appears possible only when Orestes arrives in Athens to be does not identify the father;22 reason, calculation, and custom pccrf;'m'i tried for matricide in the courtroom over which Athena preSIdes. It IS that task. here that Athens is founded by the actions of the goddess of wisdom; Athena supports Apollo's views and she casts the vote neceS3;il'.' thus, I focus primarily on the Eumenides. to tie the verdict and acquit Orestes. Relying only on the vote of til:: The beginning lines of the Eumenides recall some of the themes of human jurors, Orestes would have been condemned by a margin o( 23 the ode on the wonders of man from the Antigone, except that insofar one. The majority of the humans in this play side with the morber as civilization arrives at this point in the trilogy, it comes not by human the nature we observe, the female bearing the child in her bell),. Lilli will and craft, but as the result of the visit by Apollo. The play begins the gods in the form of Athena intervene to move humans beyond th~ with the speech of the priestess at the temple of Apollo in Delphi; natural world of sight to the unseen, conjectured connection betwccli she sings of the sequence of priestesses who have served at Delphi and father and child. Humans are forced by the gods to reject the 'iil,[i, then remarks on Apollo's arrival with an escort of "highway-builders, Though see Aristotle's fine comeback to Socrates' proposals for a community \\ Lee, sons of the god of fire who tamed / the savage country, civilized the 22 children are held in common in ignorance of their parents; Aristotle sugg~'ts til Ii wilds" (13-14). The desolate land was transformed and what was once a nature does identity the parents, even giving priority to the female (Politics 2.3 .y). wilderness with its succession of priestesses is a wilderness no more. The 2J There is controversy over how exactly we are to read the vote of Athena - as a"" heralded transformation, though, comes at the expense of the female breaker or as creating the tie. In the former case, the vote among the mort;;], \<1, even, in the latter Athena casts the vote that by creating the tie rejects the vote among the mortals. I read the vote in the latter fashion, though the argum;;dl I use the translation of Fagels 1979. Line numbers, which are variable in different 21 IS strong on both sides. See the discussion in Gagarin 1975. texts, here refer to Fagel's edition. ARLENE W, SAXONHOUSE FOUNDINGS VS , C•" O,1N0c TI TU.f lONS observation and the sentiments of maternity in order to turn them Throughout the latter part of the E ".' . ' selves over to the rule of rationality, speculation, and masculinity. The been eager to execute t1 umulldes the Funes wk. j founding of the city requires divine intervention; it is, however, an 1e vengeance of the I Il er murderous son express h . g lost of Clytell1neS[T:, "1 intervention directed specifically at affirming the priority of reason and Th . , OIror at Athena's ove -tl f I not the natural bonds at the base of the city. ey complain repeatedly th at the Ia ws ot~ y r lr_o w' 0 t leir p,O ,I ",e l Orestes is exonerated by the gods' strange argument that the d own the old laws . Th e F un'e s are the g d ount-geIrd tlIlle haVe ri,jd""'- t Jl emselves, the gods th 0 s 0 0 , as they , mother is not the parent, that observable nature cannot be relied on. at Come from the e tl h t hen own form ofJ UstICe Th h ar 1 111 t en efforts to ",1, , , The gods' arguments themselves are based on the curious assumption I h . oug Athena says "1 1 P that Athena, an immortal sprung fully formed from the head of Zeus, S Ie watc ed my words 5h e h " ove erStl"Chl] I Warns the Funes that Iithe met t en WIld refusals" (981-82), :,he is an appropriate model for the birthing patterns of humans, who are of Zeus to WllIch h h yare not persuaded there IS the necessarily born from the commingling of opposite sexes and emerge seas easy acc's M 11 fi .,,', efforts to enlist them h e s. OIled IT1 part by .~ tL" , from the womb, not the head. "No mother gave me birth. / I honour m t e preservation of th attentIOn to Eunilial ties bm als _ f e new CIty through tL, " the male, in all things but marriage. / Yes, with all my heart I am my t} I e F unes retreat mto the de t0h sa waIe 0 th,e cforc ' 0 fZ eus ' Father's child," Athena announces just before casting the vote to acquit [he CIty. Athena underst d Ph of the earth and celebrare the the matricide Orestes (751-53). The Athenians, whose citizenship laws an s ow much the c tid how they cannot be d L 1 Y (epen s on the had been put into force just around the time that Aeschylus wrote " eXCIse Hom the lIfe of th sped beneath the earth h e even as ." this play, demanded Athenian mothers as well as Athenian fathers for R eason cannot eliminate .t 'h. meo m'e to the cor,e aof rE th " (1 0 15, !,;;; their citizens. They understood procreation as more than the flowerpot It is the true wisdom of A h WIthout suffermg sterility and civil theory of generation that Athena and Apollo propound. , t ena to acknowledo-" I '.' City even as she tries to hide th £. be (lell Import";,, Though the setting for these speeches marking the founding A . I 1 ' , em rom the ' h· Tl esc ly us tnlogy reminds f h Slg L. 'Ie :In; "i moments of the city of Athens is a trial, specifically the trial of Orestes t h e structure of the city. us 0 ow profo un dl y t h ey remain Pili'( for the murder of his mother, there is nothing in the debate that A question mark that remains in Aesch ;lu' ... ' , addresses the guilt or innocence of Orestes. No one denies that Orestes Apollo In organizing this t . I d ,Y s glclnd trIlogy IS \\ has killed Clytemnestra. The question before the Athenians guided by ' na an defendmo- th .. t he questIOn of just' Cl ,b e matnCIde leaves i)';iciz Athena is whether punishment serves the interests of the city, whether h erse lf as the perpetrIcaet.o _ fytem"nestr,a 11 1 the first p 1a y h ad tohre w chiteyt hcearn tbhee rger mouunsdt ebde oonth tehre p vrainluceip olefs a asst etshsein fgo guunidlta tainodn ionfn tohcee cnictye dton,ws nrisop-heto phlaen'. d" Hea r e I'SA Ig a0 .n lJeuns1tlncoen ", sa1)1Y1 lTl 1 hg uts 0 b atnhu eJ mc I1a 0dreu sa ocof rWp(w"l' ] .-, and of the very trial itself The issue of guilt and innocence only leads to that shbe has repaid hme asht erpb Iecde o£fJ u:sti'c,e" (1 429-30), She repeats, .! the chaos of the continued bloodletting that dominated the earlier plays, 0 .' r us an lor the eVIl he did J . ( . _ ' , restes IS urged to repay h h ler 7). Llke\VlSe I)) as one family member after another executed justice by the killing of the IS mot er for the e 'J I h ' must b e served Yet ' t d f' VI S le as done. one who killed previously. The Eumenides explores how to escape that f '. ., ll1S ea 0 showmo-us a city b 'l ' o a JUstIce where evil is repai i h b., U1 t On the prlllciples world of endless revenge, how to arrive at a world of political stability, the power of the family bo de, Were cnmes are punished, and how to give the city a founding that transcends the personal vendettas, b 'j n s perSIst, Aeschylus h . UJ t on the conquest of I .' , sows us a crty thar is whether of kings and queens or of the everyday citizens. As the speeches w lat IS accordmg t th tortured love and revenge th k ,0 e natural passions -. the suggest, this founding avoids the issue ofj ustice that underlies demands , h b ' at mar s the famil" fA for revenge, the giving of what is due to the malefactor, and instead bll1U J't1 t er oaedgsm wnhinegre o fn tohnee E hu'rdn eIIb'Id e ST Ab p o 11 0 ' l' 11Jt r0ou dc'm rggo Cs".I VAIs,l I zraetcioonu, llhtaedd looks forward to what will serve the interests of the political body as a a een efore He I d "1' natura1 world of the priestesse h h '. 1a CIVI Ized the wild, whole - the subjection of the Furies and their transformation into gods , s w en e arnved at D I 1 '. h' '" Journey preceded his Ath " e p 11, IS CIVlhzing friendly to the city (Eumenides) who, from their perch deep within the th e dem'a l of maternal ande m£: an' 1v' e1n t'u re when h e C-'I VI' lI' zes the C,I ty with~ earth below the city, become the gods of wedlock fostering birth, not Th . lamI Ia tIes. e gods at Orestes' trial are lik C vengeance, looking forward, not backward. due the attachment A t' h e >reon, who had tried to sub- n Igone ad for her brother t . , 0 conquer those ARLENE W SAXONHOUSE FOUNDINGS vs. CONSTITUTIONS emotions that demanded justice for him irrespective of the needs of the not undermine his understanding of the depravity of what he is aboC!, constructed city dependent on human. In the Antigone, the city based to do to the woman who bore him. These images do not or should lie)[ on human decrees denied Polyneices the burial rites justly due him from disappear as the brilliant Athena presides over the trial proclaiming ,1,,, his family members. In their willingness to hear the voice of maternity irrelevance of motherhood. despite the arguments of the gods, the majority of human judges in the Perhaps the old justice was executed by dark, vile women\-vilL Eumenides recognized those same commitments that Antigone had so swarming snakes for hair, as Orestes sees them at the end of the Lib.in .. " feistily urged on Creon. The Olympians deny the claims of maternity Bearers and as they appear on stage at the beginning of the Eumenidc:s. and present the goddess with her virgin birth as a model for human But that justice found its source in the powerful attachments that Wc'L judgment. The story of the Eumenides introduces an order and stability fostered in the womb and are now denied. Gods must push hUl1uuo that is based on a false conception of birth and thus ofj ustice across the toward this new conception of the city. Humans do not go there generations. they were born from human mothers and did not spring full gro\\'n Further, it illustrates the city banishing its past to the depths of from a god's head. They remain bound by the familial ties that attend tu the earth and looking primarily to a glorious future unbound by the those who have preceded them and not only to those who will follow. history of its citizens. The founding of Athens marks a new conception The gods introduce the future-focused reason that forgets birth and the of time, a time present and future, but not a time past that recognizes maternal breast. generational ties. The Furies had tried to enforce a justice that looked Within the structure of the city newly fc)Unded on principles of or to the past, but in the new city there is to be the abstraction from the rationality, the crimes of the father as father become the crimes past and the processes of generation. There must be, Aeschylus seems the citizen. The murder of one's child tor the sake of an aggressive to suggest, the transcendence of justice as backward looking. The goal war may become legitimate, while the revenge of the mother for char is to ignore history in order to found the brilliant new city, and so the murder may not. The city portrayed in Aeschylus' trilogy forces the past is banished to the caves at the earth's core. family to abstract from particularistic ties and even praises deeds that This is not to suggest that Aeschylus denigrates the foundation of the justice of the family would seek to avenge. Within the franlework the city and the civilization to which the gods have led the Athenians. of the city grounded on rationality, the murder of a child may become Participation in the city may require transcending the natural world a positive act. 25 Within the justice of the family, it never could be. that unites the human being with the life forces characteristic of all The gods' exploitation of such arguments in the Eumenides signifies animals.24 But Aeschylus does not ignore what is lost in this process the acceptance of a new concept of justice, where justice comes from of building up the city. As the old gods protest their suppression, the the impersonal definitions of the city. The family must remain blessed; powerful images of the earlier plays in which the familial ties of birth procreation must continue to ensure the physical survival of the city, could not be so easily tossed aside remain. There was the anguish of but the family with its particularistic ties and emotional bonds can no Clytemnestra as she described the sacrifice of her daughter, the child she longer remain the seat of justice. The city now, as in Creon's speech ill "labored into love" (1443). There was Orestes' resistance to committing the Antigone, defines who are friends and foe not the common womb. the actual murder of his mother though urged on by Apollo himself and When Athena brings the abstraction fi-om particularity into the his friend Pylades. The sight of her bare breast stops him: "What will founding of the city, she undermines the central force of the familIal I do, Pylades ~ dread to kill my mother?" (886). He resists, though we relations. We may not resonate as powerfully to these connections ill have just seen the nurse warmly welcome him with reminiscences of the tale of the family of Agamemnon as we do when they provide the him suckling at her ~ not Clytemnestra's ~ breast. That recollection does core of Antigone's appeal in Sophocles' play. In the Oresteia the glory '5 One might think here of the Brutus who killed his sons that smfaces prominently ill 24 Cf. Aristotle who makes this point powerfully when he presents man as the polit the Machiavellian construction of the founding of the Roman Republic, DiSt"UfSCS ical animal who only becomes fully human once he moves beyond the family of on the Ten Books of Titus Livy, L 16 and 1I1.3, entitled "That Ie is procreation and the village of bodily satisfactions to life in the polis. Necessary to Kill the Sons of Brutus to Maintain a Acquired Freedom." FOUNDINGS VS. CONSTITUTIONS ARLENE Vll SAXONHOUSE the hooked taloned maid of the riddling speech, of Athena's new city overvvhelms the force of Antigone's appeal. While standing a tower against death for my land." (II(n-I20r) Creon's harshness may be hard to connect to Athena's stature in the Eumenides, I would suggest that they are uncomfortably similar in their The "bolt" he shot had only the force of his intellect. common effort to give their cities a grounding in a forward-looking . Oedipus believes that he relied on no one and on nothing ex":,,, reason rather than in the familial connections rooted deeply in the past. hIS own mind. Oedipus who knows nothing of his own history ~lh! the limits that that history may set indeed has set - on his actiOl], sees all as free and open. Rule in Thebes has come to him because OEDIPUS TYRANNUS: HISTORY AND THE LIMITS OF RATIONALITy26 of intellectual skills. He does not understand that he rules becll1se 0/' the gods, because of his history, because the world is hardly as free ;md open as he envisions. His tyranny is to see himself as free from " The Oresteia tells the tale of the founding of the city that emerges from a past, relying only on his intellect to interpret and construct the world forward-Iookingjustice, a justice that denies history, one's parents, one's in which he lives. Oedipus is an ancient version of Paine, imJgining birth. In Sophocles' Oedipus the King we find again this tension between the birthday of a new world opening up for him to fashion throm;h the past and the future, between family and city. In this play Oedipus, his mind, ii-eed from disastrous choices made by others (his parents, tlI" convinced of the power of his own intellect and its own capacity for servant who did not leave him to die on the hillside) in the past. Thi, creation, learns the power of history and the limits that that history imagined freedom from the past that Oedipus glories in is the sourc,' places on what rationality can achieve. of the deepest tragedy and suffering. Oedipus' status as ruler in Thebes comes, Oedipus believes, from his intellect. He alone could answer the Sphinx' riddle and thus he In response to the oracle's injunction that the city of Thebes pur~liC and punish the murderer of Laius if they wish to end the plague lIn( alone saved Thebes from the suffering the monster had inflicted on the or sickens all the city, Oedipus begins his investigation only to discover, city. We, the audience of the play, know that it is his birth that brings course, that he is the murderer, that the fi'eedom for the human intellect hi~ from Corinth to Thebes and makes him the ruler there. Oedipus in which he had so gloried earlier does not exist, that what he thought understands - at the beginning of the tragedy - the source of his status was an independence of action is no independence at all. Inste:d, hIS in the city very differently. Emphasizing his own powers of rationality own history determines where he is and what he has done. Born fi(;lll and dismissing the powers of augury, Oedipus taunts the seer Teiresias the parents who were warned not to have children, he lives as a sLl'Y when he cannot get the prophet to say what he claims to know: "For, of their violation of the decrees of the gods. When Creon returns f1\,11 , tell me, where have you seen clear, Teiresias, / with your prophetic eyes, where were you with the prophet's wisdom? When the dark singer, / Delphi to report that the sickness plaguing Thebes comes from the: failure to find and punish the man guilty of killing their king Laim, the sphinx was in your country, did you speak / words of deliverance Oedipus immediately commits himself to discovering and punisLll to its citizens?" (390-92).27 Moments later, he snaps at the priest: "But the killer, an intellectual challenge that he feels ready to meet. It is I came, / Oedipus, who knew nothing, and I stopped her. / I solved this search, of course, this sense of intellectual purpose that reveaL li" the riddle by my wit (gnome) alone. / Mine was no knowledge got from chains that history has placed on him and on the city that he now ruLe. the birds" (396-98). In the late moments of the play, the chorus sings As Oedipus pursues the clues that will lead to himself ao: d, of the former glory of Oedipus: object of his own investigation, his wife-motherJocasta understdll(h lL, In as much as he shot his bolt truth of his origins before he does. At first, she appears the femdle ;il1:1 beyond the others and won the prize logue of Oedipus, using argument and calculation, reasoning of happiness complete - the evidence, insisting that many cannot be one. The lone witnc" l,' o Zeus - and killed and reduced to nought the murder of Laius had reported that it was a band robbers Lu killed Laius at the crossroads. "Be sure, at least, that this was hmv be 26 This section builds on Saxonhouse 1988. told the story. He cannot / unsay it now," she tells him (848-50). Bm 27 I have used the translation of Grene 199 I. ARLENE \V SAXONHOUSE FOUNDINGS VS. CONSTITUTIONS this is only a straw at which Jocasta grasps as she begins to realize who taunt about his parents that precipitates his trip from Corinth ru i " her husband is and who the murderer of Laius was. Unlike Oedipus, though, Jocasta, awakening to the truth of the impieties with which where he will encounter Laius at the crossroads. While he \\"as :.11!! j,i she is living, chooses to dismiss all limits on human actions, consciously Corinth he was concerned with his origins, so concerned tb;il ii Ie SImply that drunken man's mocking question that makes him Pili" to ignore the past that Oedipus had unconsciously disregarded. "Why the truth about hIS past. But once in the open road between i" should man fear since chance's rule is all in all / for him .... Best to live lightly, as one can, unthinkingly" (977-79). She who had earlier becomes free. The story of his birth matters no longer as he len", i i Ie content m hIS assumption that his Corinthian parents are 1 i dismissed the gods' forewarning about bearing a child now asserts that parents; the only limits on him then are that he not return to ('01 ill t!, man "can clearly foreknow nothing" (978). There is no naturally con lest 1.1e kill his father and sleep with his mother. As he pla\Ts th'" ,j" ..... stituted order. Therefore all the prophecies of the gods are merely a m' Th ebes~ however, he begm. s to wonder about his par)e ntagC e, :Ll lkl<dl ,,I1., ", source of fear for those who do not see the total openness of a world uncertamtIes he uncovers nuke him at first suspect that he was L"" without limits. Jocasta's speech reveals a desperation, a longing for total on the mountainsid,e that child of Fortune. Such a birth opens lip freedom, a living in the moment. The randomness she posits denies any way to the greatest freedom, the opportunity to be anything. foundation even that which might emerge from the human intellect. chIld of the mountal11, he demonstrates in his person, he can She longs to escape from any order, even one founded on reason, for kmg of Thebes through his wit. fear of the limits it might set and the horrors it might reveal. Of course, from such optimism that envisions this : ' The chorus, frightened by the deep impiety ofJocasta's language, dom, Oedipus will crash into the realization that he is not Fortll:~i~\ asks: "May destiny ever find me / pious in word and deed / prescribed child at all, but is bound ever so tightly by the nature of his birth I L by the laws that live on high: / laws begotten in the clear air of heaven" IS a man of history and place, the forbidden child of Laius and (863-67). The chorus retreats to an unchanging order decreed from When Oedipus initially exults in his false sense of freedom as Fm( UllC', above, not subject to human manipulation or control by speech. Jocasta child, the audience knows well how ill founded this belief i. '. ~ is willing to live with the apparent impiety of her current life, to scorn :, ~t I L I ,. , ( Oedipus' world, far from being free, is prof()undly circumscribed. -11" the gods, to live in complete freedom in a world in which the son hums of biology and history lie at the heart of the tragedy of husband is neither shameful nor lawless. Oedipus cannot match 1115 He ,came as the savior to Thebes, re-·founding Thebes in a S,;lJSe ilS mother-wife in her audacious vision of self-liberation and self-creation. he freed the city from the stranglehold of the Sphinx and He plunges himself into the self-mutilation that bears witness to the murdered king. Freely, he walked into the CIty and, m Creon's vanity of his efforts to find in the creations of the mind the source of set It straIght. The freedom at the heart of contemporary COllS(]tlltlull political authority and order. . makmg exemplifies Oedipus' imagined fi'eedom, Fortune's child, dk Oedipus rejects Jocasta's pleas to cease his search and VIew the opportulllty to create greatness from the unstructured or the world as random, without the causal connections that would tie the beginnings. Oedipus arrived at Thebes as its savior acting impiety of his marriage to the plague of sterility that infects Thebes. son,. but m the process of ruling he brought pestilence to H, III ( ,ot He concludes incorrectly that Jocasta, a queen, must be ashamed of the partIcularly the pestilence of sterility for the animals and the crops un lowly birth that may lie in her husband's past, that she - unlike he WhICh the CIty depended for its livelihood. The tragedy of the OcdipliS is bound by the conventions of the society in which she lives. How presents both the glory and the failure of the individual attempt of tbe blind he really is' He sings now of his status as "a child of Fortune, / polltlcal actor to nse above the mere body and build a world where beneficent Fortune" (1080), but refuses to revel in the chaos that would reason" released from the defective body, alone is power. have freed him from any restraints, ascribing only to the human world . 1 he revelatIOn that his birth and not his reason is the basis of the disorder that Jocasta claims for the divine world as well. hIs claIm to rule is at the core of the tragic uncovering of this pby. f\ Oedipus embodies the individual who attempts to disregard his polltlcal optImIsm that envlSlons a world of infinite possibilities, subject paternity his bounded origins in his movement toward an individual only to the ImagmatlOn and reason, meets its match in the last crush freedom that allows him to be great on his own. 1t is a drunken man's mg moments of the play. The play is an exploration of the "".LL:),)'"