Lecture Notes - Antigone, Natural Law, and Justice Concepts (Chapters 1–8)

Fairness (equity) is needed when strictly following a rule would lead to an unfair outcome because of specific circumstances (for example, punishing a student for missing class when they were hit by a bus).
The lecturer highlights that sometimes laws must allow exceptions to be fair or to uphold higher principles.
Following a rule strictly can conflict with achieving justice; this suggests that official rules (positive law) should align with a sense of fairness (equity) or a higher moral law.

Creon, who has political power, issues a decree (edict) to keep order in the state.
The speaker says Creon’s decree is correct and justified by the state’s laws.
Antigone goes against Creon’s decree, basing her actions on a higher moral principle (natural law) that she believes is more important than the state’s official law.
Antigone's defiance shows that positive law alone isn't always enough when it clashes with a deeper moral order.
The play’s tragic ending, with multiple deaths, illustrates the high cost of enforcing a rule strictly without considering higher moral principles or fairness.
Leaders, like kings, create rules to maintain order, but these rules can face opposition from those who appeal to a higher, more fundamental law.
The phrase “That’s what uncles do” highlights how authority figures create rules, and it critiques blindly obeying authority without thinking about ethics.
It’s not simply a matter of Creon being “bad” or Antigone being “good”; both act based on valid, though conflicting, principles.

Higher law (Natural Law) vs. Positive Law (Legal Positivism):
Natural Law: Moral principles that are universally right, regardless of whether they are written into law (e.g., it’s wrong to kill, even if a law doesn't explicitly forbid it).
Positive Law: Rules officially created by authorities to govern society. These rules are enforceable but might not always align with moral truth.
The teacher's goal is to explain the difference between natural law and legal positivism.
Examples that connect them:
- Positive Law Example: Ohio’s criminal code has a statute against willful killing (a concrete, enacted rule).
- Natural Law Insight: There's a basic moral intuition that killing other human beings is wrong, which serves as a foundation for positive laws.
This tension between the two is shown in Antigone through the burial rule:
- Creon’s decree (positive law) forbids burying Polynices. However, natural law suggests it’s morally wrong to neglect the dead and risks social breakdown.
- Antigone's actions are presented as an appeal to natural law to override Creon's positive law when it goes against deeper moral standards.

Polynices’ burial and the edict: Creon’s command punishes traitors and requires strict enforcement to maintain state order.
Creon's edict partly reflects natural law (maintaining order), but natural law also includes higher moral duties like honoring the dead and family obligations.
The speaker notes there isn’t a simple good guy vs. bad guy; both Creon and Antigone can be understood as acting from valid principles that conflict.
The central question: When does natural law take precedence over positive law, and how do we decide which rule to follow when they clash?

Discussion on pride:
- Pride itself isn’t bad; it depends on what causes it and if it’s based on something genuine and good.
- Example: A home run reflecting true talent is a rightful source of pride.
- Pride becomes inappropriate when it’s based on something fake or ignores ethical considerations.
The lecturer emphasizes how complex interpreting texts and language can be:
- Language can hide meaning; misunderstandings happen if terms aren't fully explained.
- Explanations are often needed in student-teacher discussions to prevent confusion.
- Anecdotes about language classes (English vs. Spanish) illustrate the challenges and nuances of understanding meaning across different forms of communication.

The interaction between natural law and legal positivism affects:
- How lawmakers create laws and address ethical issues in government.
- How courts decide when a positive law can be set aside for moral or natural law reasons.
- How individuals balance obeying rules with their own moral beliefs.
The Ohio code example shows how codified laws are based on underlying moral intuitions.
The discussion suggests a nuanced view of authority: leaders can be well-meaning, but their rules might still conflict with higher moral principles, requiring careful thought and possible exceptions.

The main goal for students: to be able to explain the difference between natural law and legal positivism.
Natural law provides a moral foundation that can conflict with official positive laws.
Positive laws are rules created to meet societal goals; they don't always align with what's morally right.
In Antigone, Creon’s decree and Antigone’s actions show a conflict between maintaining state order and honoring a higher moral order.
Judging characters as simply “good” or “bad” is misleading; both sides might be pursuing valid goals that clash.
Pride and language are crucial in moral discussions and understanding; context and examples are important for knowing when pride is appropriate or not.
Real-world law (like criminal statutes) combines moral intuition and codified rules, highlighting the importance of examining law through both ethical and legal perspectives.