48) The second implication is that individual wards could have varying community standards, customs, and social expectations, even when they lived under the same sets of state nomoi
and the authority of the same officials.
Thus construed, freedom becomes tantamount to auto-nomy (and not anomy), because it is the agent (or, more specifically, his proairesis) that determines the nomoi
by which his actions are to be guided (Cf.
Essas regras nao escritas, que os gregos ja denominavam agrafa nomoi
, as leis nao divulgadas que regem a polis, parecem estar vinculadas diretamente as possibilidades de aplicacao de qualquer juizo etico.
Baragwanath makes a really interesting point in asserting that "Herodotus seems more interested in exploring the extent to which nomoi
[customs] do not determine behaviour; he considers, for example, how, even where custom is strong, humans may have a determining role, choosing to transgress them.
Rather, these public decisions are the nomoi
, the widely shared and publicly available laws, norms, and customs of the society.
Strauss is as far from simply rejecting such analyses as to argue that, in the best possible city, the nomoi
can only be 'completed' by religious narratives concerning their origins, laid down by prophetic rhetoricians:
For the ancients, the nomoi
, or laws, encompassed not just formal legislation but also the "ways" or "conventions" of the city--what we might call "the culture.
Man's law, the nomoi
of the Polis, must conform to a higher
The notion that there are two nomoi
competing for control of the
Ultimately, only he can cause the hero, the "resourceful" statesperson Odysseus, to modify the nomoi
of the demos.
Echoing Cover, Scalia charged the Court with mistaking a "Kulturkampf," which Scalia probably meant as a culture clash between fundamentalist religious and pro-gay nomoi
, for a vicious "fit of spite.
of Gemistus Plethon in the Light of Plato's Laws.