Wednesday, July 30, 2014

The Curiously Disturbing Case of Lucius Annaeus Seneca

I've been reading a book by James Romm entitled Dying Every Day: Seneca at the Court of Nero, and am more than ever fascinated and disturbed by the life of this very able proponent of Stoicism and very able man, who nonetheless taught and facilitated the reign of a possibly demented and undoubtedly unpredictable tyrant.

While I have issues with the sometimes contrived, sometimes cloying and sometimes pompous style of his philosophical writings, there can be no question that he must be considered one of the great Roman Stoics, and that his thought and works have been immensely influential throughout the centuries from his death (he's also a significant literary figure).  He's thought to have championed a milder version of Stoicism which appealed to the Church Fathers (Tertullian called him "our Seneca").  Unlike Epictetus who did not write, and Marcus Aurelius who wrote only for himself, Seneca wrote understanding his work would be published (and no doubt seeing to it himself, as was not unusual for the time), and possibly even with posterity in mind.  So it can be assumed that he did so carefully and in most cases for a purpose.

In some cases he clearly wrote with Nero in mind, such as in his work On Anger, and in some cases with his own advantage in mind, as in the dreadful Consolation to Polybius.  In some cases, in his letters, he may have done so not for any personal or political purposes but with philosophy in mind, or at least the good life.  It's difficult to ascribe purpose to his work in other cases, where he seems--perhaps deliberately--ambiguous. 

"Cautious" may be a good word to describe him after his return to Rome from exile in Corsica at the behest of Nero's mother, the formidable Agrippina.  He had managed to run afoul of the princeps in the past and would not want to do so again.  It's understandable that he would strive not to provoke imperial anger.  It would also seem he was ambitious.  This ambition must, I think, be considered in the context of the time.  Romans of his class (though he was a provincial) were supposed to be ambitious, to attain wealth and high office, to be renowned. 

But it's hard to reconcile ambition and wealth with Stoic tenets, and Seneca became very wealthy and very powerful.  Pursuing public service, though, is consistent with Stoicism. 

When brought back from Corsica to tutor the young Nero, then, it's possible, perhaps even probable, that Seneca thought he was being given a chance to do good; to mold the future ruler of the known world to be wise and merciful (as described in his work On Mercy).  And he may have thought that becoming wealthy and powerful while doing so appropriate and even necessary to the task.  How else influence an emperor, who would likely only listen to the wealthy and powerful?  But it's difficult to accept his reply to those of his time (and subsequent times) who condemned him for his acquisition of wealth as being unworthy of a philosopher, particularly a Stoic, except with a scowl or grimace.  He noted that disdain for wealth was to be expected from a Stoic Sage, but he had not yet attained that status--he was still trying to be a Stoic Sage.  When he became one, presumably, he would not want to be wealthy any longer.  An unsatisfying reply, I think.

But what of his conduct as Nero "matured" in tyranny?  Romm notes Seneca may have played a part in freeing Nero from the dominance of his mother.  She was not herself a saintly figure by any means and may well have been thought to be a bad influence on her son, but Nero unbound was a dangerous man.  It can't be said with certainty that Seneca was involved in Nero's matricide, but it seems clear that he wrote the speech given by Nero to the Senate in which his mother was reviled and her death justified.  Seneca can be said to have done what he could to restrain Nero from his social excesses--his acting, singing, chariot racing and writing of poetry was scandalous given Roman tradition--but eventually he was engaged in this conduct openly.  But just what he did otherwise to restrain Nero is unclear, if he did anything.  Seneca wrote a great deal but said almost nothing at all regarding what took place while he was a senior consultant to the emperor.

Eventually, as Nero grew more dangerous, Seneca offered to grant him all his wealth and retire from politics--twice.  It can be argued this was motivated by purely practical considerations, though, and in an effort at self-preservation.  This is likely so.  But it's difficult to condemn someone in Nero's court for being fearful.  And Seneca could have felt fear not only for himself but for his brothers and his nephew, whom we know as Lucan.  They were known to and within the reach of Nero.

It may be that Seneca believed he was caught in a trap at least in part of his own making, and he could not see his way out.  But he wrote admiringly of those, including Cato, who took their own lives when life became intolerable and they could not live with honor and in virtue.  Why didn't he take advantage of this option himself?  Eventually he did, of course, but only when ordered to dispose of himself by the emperor, having been implicated in a plot to kill Nero.  His nephew Lucan was involved in the plot, but Seneca declined to participate.  Cowardice?  Caution? 

Not cowardice, I think, at least not in the sense of fear of suffering.  His death took a long time.  When cutting his veins would not work effectively, he took hemlock.  All accounts are he died nobly though in great pain.  So caution is more likely; caution and indecision, which are not unusual in old men, and he was old then and likely very tired.

It's bewildering that someone could write so well regarding virtue and the good and yet be so hesitant and ineffective in being virtuous and good in great things.  But perhaps this is a case of the spirit being willing and the flesh weak.  Perhaps it's unfair to think a man in his place to have acted in bad faith, dishonestly.  It's possible to be a good but weak man.  We should consider it possible that Seneca should be pitied rather than reviled.

Wednesday, July 23, 2014

Mencken on the Law, and Lawyers

I've written now and then regarding the great H.L. Mencken and his work, generally with admiration.  Now and then I'm disappointed with him, though; particularly by his elitism.  There seems little question that he despised democracy, and I'm rather fond of it, for all its faults.  He's certainly not the first intelligent person to loathe that form of government.  To his credit, it seems he was not so naive as to think that other forms were necessarily better than democracy, as were certain others commencing with Plato, the first systematic totalitarian thinker in our history.  But his unabashed contempt for the common herd can be disturbing.

I also found disturbing a little piece he wrote on war, in which he claimed that it was not as bad as some thought as most were not killed and those wounded generally were not wounded seriously enough to cause concern.  To my knowledge he never experienced war, even as a journalist, and by rights should have said nothing regarding what was encountered by those who did.

He wrote about the law and lawyers, as well, and I think his comments about my fellows and my profession are fair enough for the most part.  Indeed, he affected to admire the intelligence and intellectual prowess of lawyers a great deal.  He sat through many trials, and was impressed by the lawyers' ability to learn a great deal about a subject in a very short time, to think quickly, argue persuasively, on various topics.  But he thought that all this talent and ability was necessarily devoted to matters which are, for the most part, trivial.  That is to say that the subject matter of the law is generally insignificant.

I would say that the word "mundane" is a more appropriate word.  There's no question that in most cases the law and lawyers deal with problems that arise due to the interaction of people in the course of ordinary life.  Momentous issues regarding liberty, religion, free speech are addressed as well of course, but this is rare.  Mencken notes that as a result most lawyers are not remembered by history, with some exceptions, and I think this is true.

Perhaps he would have acknowledged that in at least one instance in his lifetime he witnessed the legal system addressing a matter of some significance, in the case of the Scopes trial.  I think he would say that at least one lawyer came out of that looking well, Clarence Darrow, but that others did not.  All of the others.  Perhaps he even felt that Darrow would be remembered.  He is, but it's hard to say for how long he will be, or what Mencken would have thought would be an appropriate period.  I'm certain, however, that he'd be horrified to learn that even today some insist that religion be taught in school in our Great Republic, or "creationism" at least.  No doubt he'd consider this to be verification of his opinion that "[d]emocracy is a pathetic belief in the collective wisdom of individual ignorance."

Intellectuals seem always to be contemptuous of, or at best indifferent to, the mundane.  Perhaps this is why they so often fail to understand or hold the interest of most people.  They underestimate, should they even consider, the role the mundane inevitably plays in shaping our desires and concerns and in establishing what is important to most of us.  This renders them significant and persuasive only to a few, a relatively small group of individuals much like themselves.  Especially in democracies, therefore, they have little influence outside of academia, and are even looked upon as foolish.  Even in their thought they seem to discount ordinary life and so construct theories disconnected from it--castles in the air.

We lawyers do indeed deal in the mundane, as that is what the law concerns.  It relates exclusively to how we live our lives and how others do.  But it seems to me that this doesn't render it uninteresting or insignificant.  For good or ill, it's probably the most significant institution or system devised by humans.  It's all-important, and increasingly regulates our conduct if not our thoughts. 

It's like that most annoying "external world" some philosophers claim we cannot know.  We had better take it into account nonetheless, and pay it careful attention.  We ignore it at our peril.

Tuesday, July 15, 2014

Hesitant Homage to Hadrian

Publius Aelius Hadrianus Augustus is generally considered to be one of the "Five Good Emperors" along with Nerva, Trajan, Antoninus Pius and Marcus Aurelius, who governed the Roman Empire for a good chunk of the Second Century CE or AD, which ever you may prefer--with some effort I could come up with the appropriate years A.U.C., ab urbe condita, from the legendary founding of Rome, but I am tired. 

I'm uncertain why Nerva appears among the Fantastic Five.  His reign was very short, though not as short as those of the unfortunates who succeeded Nero before Vespasian.  I suppose it may be he does because he had so little time and did so little harm, or had the wisdom to accept Trajan as a successor.  Others may be uncertain why Hadrian has the place he does.

Some of those others are likely to be Jews.  It was during Hadrian's reign that the second great Jewish revolt against Rome took place, and it was an even fiercer affair than the first, lasting about three years.  Under Bar Kokhba the Jews had considerable success, at first.  Success against Rome "at first" was not all that unusual during the time of its greatness; consider Hannibal's many successes.  But Rome, once thwarted, was relentless, ruthless and efficient in retribution, and Hadrian's legions eventually nearly exterminated the Jewish people.  It's thought by some that Hadrian brought the revolt about because he sided so much with the Greeks in their several disputes with the Jews throughout the Empire and because for reasons not entirely clear to me at least he insisted on imposing a Greco-Roman city on Jerusalem, Aelia Capitolina.  This colony was placed more or less over the site of the Jews' ancient Temple, which had been conveniently razed by the Romans in the first revolt.  It's difficult to imagine conduct more likely to enrage the Jewish people.

Hadrian certainly was a great fan of the Greeks and Greek culture, but not quite in the scandalous manner of Nero.  Hadrian didn't pretend to be an actor or a musician, but tried, sometimes, to be a poet.  He would put on Greek dress when in Greece, and was most comfortable when among the Greeks.  And, of course, he was inordinately fond of a particular Greek from Bithynia named Antinous.

The Romans were not as concerned by homosexual relationships as many of us are, though they never seemed to idealize such relationships in the manner of the Greeks; except, perhaps, in the case of the Hellenophile Hadrian.  Antinous died during one of Hadrian's many tours of the Empire, while in Egypt, in the Nile itself, and the circumstances of his death are unclear.  It's been suggested that Hadrian had a hand in the death, or that Antinous killed himself in an effort to secure the health and safety of the aging and increasingly superstitious and death-obsessed emperor.  However, it may simply have been an accident.  What was most remarkable about Antinous was not his death but his worship after his death.

Emperors had been becoming gods on their deaths for some time by then, and in some cases were worshipped as such before their deaths, sometimes in association with the genius or spirit of Rome.  But an emperor's favorite had not been deified for some time, since the reign of Gaius Caligula, who was deemed insane by most who came after him.  Temples to Antinous and statutes of him increased and multiplied throughout the Empire.  It seems some actually took his worship seriously and his worship continued for quite some time.

So why this homage to an emperor who it seems went mad on the death of his lover, like Alexander did on the death of his (or perhaps in imitation of Alexander), and was stupid enough to profane the holiest ground of some of the least cooperative of Rome's many conquered peoples, leading to a great revolt brutally suppressed?

Well, but for the Bar Kokhba revolt, the Empire enjoyed uninterrupted peace during Hadrian's principate.  He wisely withdrew from the territories newly conquered by Trajan which would have been very hard to maintain, and this probably facilitated and extended the pax Romana to the benefit of all inhabitants of the Empire.  He was a multi-talented individual, and in his fashion remarkable as an architect, being responsible for the still-impressive Pantheon, his incredible villa in Tivoli, his wall in Scotland.  He could have taken credit for these achievements in the way typical of emperors and others who caused monuments to be built--by having his name inscribed in the stone--but did not do so.  The name of Marcus Agrippa, who was responsible for the original Pantheon, appears there instead.  He was concerned with all parts of the Empire as his travels showed.  And he assured a safe transfer of power, choosing a solid successor in Antoninus Pius and even assuring that Marcus Aurelius would one day succeed him, thus providing for the rule of two more "Good Emperors."

An unusual and extraordinary man, worthy of respect despite his flaws, in spite of his flaws.

Sunday, July 6, 2014

The Rime of the Ancient Barrister

It is an ancient Barrister
And he stoppeth for to pee
As he doth do so often
With increasing urgency

The tavern's door is open wide
The bartender he beckons
The Barrister he steps inside
And quickly orders seconds

The Barrister has downed his drink
"There was a boy" quoth he
"Who read too much for his own good
And with celerity

He thought that being clever would
Impress all those he met
But found he did no more in life
Than make a palimpsest

The first draft was a tragedy
Though one of his own making
In giving he was too inept
But too adept at taking

The end it came and such an end
It was that he went mad
For many years he sought sucrease
But 'twas not to be had

And then in time he learned that
It was pointless so to grieve
And so he vowed to venture on
Another kind of screed

Behold, he did and it is well
But he is doomed to wander
In and out of tavern doors
And while he drinks to ponder

He is obliged to tell his tale
To barkeeps who don't care
And they all smile and pour his drinks
And wish he wasn't there

A sadder and a wiser man
No bartenders may see
No albatross about his neck
Is hung, nor should one be

No spectral voices to recite
The misdeeds of his life
As to a Hermit, there is none
To shrive him of his plight

No Wedding Guest for him to grab
And bore him with his woe
But he's content to tell himself
Exactly where to go.

I had forgotten what a stupid and annoying poem The Rime of the Ancient Mariner is, almost.  What was Coleridge thinking?  What, indeed, was one or another of my forgotten teachers thinking when compelling me and others to peruse this dreadful sing-song, this epic bit of portentous fluff?  There's no art involved in it, the rhyming is easy and uninspired and the story it tells is unremarkable.  But it's easy to parody, and I do so here as a most ominous birthday approaches; one of those birthdays which reminds those who "celebrate" it that there are fewer years left than those that have passed.

I am not the man I used to be.  I don't refer merely to problems of the prostrate and other physical failings though judging from commercials that is all that truly concerns those males of my age.  Erectile dysfunction, the need to urinate and troubling leakage as Tony Siragusa so kindly reminds us; this is what life is made of now, it seems.  But I wonder also--am I less sharp?  Do occasional lapses in memory signal the onset of senility?  Sharpness is significant in these times, when there is no opportunity for thoughtfulness, or perhaps no occasion for it.  Neither is anyone the man he used to be, but there is a sense of weariness that comes with the observation, and resignation.

Go not far from the ship, says Epictetus, especially now.  Be ready for the captain's call.  Why?  What happens if the ship sails without me?  I'll die in port in that case; what does it matter?  But perhaps he refers to the spark of the divine the Stoics claimed is part of us all.  When we wander far from that when we're old, we become monsters like Tiberius was said to be while in his last years in Capri, desperately hoping to revive the aging flesh.   Better to be one of the sages standing in God's Holy Fire.

Well, I'm not called, yet, and will await the call patiently, but will see what there is to see and know what there is to know while I can.  That way we keep rewriting our lives and perhaps in doing so we achieve something though it may not be what we thought to achieve in the first draft and regret never achieving.  Quod scripsi, scripsi as Pilate said, or as someone wrote he said.  There's nothing to be done about the past we've written.  Perhaps what's yet to be written will even be something better.