Dear Cyndy,

Thank you for your letter. Today was another snowy day, 12 to 15 inches, and I spent almost three hours traipsing behind the snow blower, clearing
not only the walk and driveway here, but also Klemens' to the south
and Herrn Alexander Nielsen's our new German-American neighbor's 
immediately north of us. Herr Nielsen, who with his family just moved 
next door this past summer, doesn't yet have his own snowblower, and
I very much enjoy being able to give him substantial help.  In fact,
being of real help is the only way I know to maintain my few and
very tenuous social relationships.

I woke up early this morning, with thoughts about day-after-tomorrow's
appeals court hearing ricocheting through my mind. I ask myself what
they will think and say, if I explained my understanding of the 
relevant jurisprudential and constitutional issues - the tradition
of the supremacy of equity over law established in 1615 by Francis
Bacon as attorney general for James I. In the 17th century, "equity"
was the replacement of the "rule of law" with the king's arbitrary 
decision a.k.a. his "conscience". The colonists wanted none of this;
hence the fifth amendment's statement that no person shall be 
deprived of life, liberty or property except by due process of law,
a pious resolution impossible to implement, which was trashed before 
the ink was dry. As for the separation of powers, that is an 
unattainable (and impractical) ideal which unavoidably leaves in its 
wake turbulent conflicts between the judiciary and the executive. 
I expect the court to be very critical of my lectures, but I also 
understand that I mustn't succumb to Nantucket's efforts to prevail 
by dumbing down the issues and the argument. I don't know what will 
happen, but I will keep you informed.

When I have difficulty concentrating on anything else, I read snatches
in the 57 page large type interlinear Greek-English binder of Platos
Apology that I have put together for myself. A statement in one of your
recent letters suggested that you might have engaged with classical
Greek at some time in the past. Please excuse and forgive if my
citing the original is inappropriate:

[31δ] .... ἐμοὶ δὲ τοῦτ᾽ ἔστιν ἐκ παιδὸς ἀρξάμενον, 
[31d] .... I have had this from my childhood;

φωνή τις γιγνομένη, ἣ ὅταν γένηται, 
it is a sort of voice that comes to me, and when it comes

ἀεὶ ἀποτρέπει με τοῦτο ὃ ἂν μέλλω πράττειν, 
it always holds me back from what I am thinking of doing,

προτρέπει δὲ οὔποτε. 
but never urges me forward.

τοῦτ᾽ ἔστιν ὅ μοι ἐναντιοῦται τὰ πολιτικὰ πράττειν, 
This it is which opposes my engaging in politics.

καὶ παγκάλως γέ μοι δοκεῖ ἐναντιοῦσθαι: 
And I think this opposition is a very good thing;

εὖ γὰρ ἴστε, ὦ ἄνδρες Ἀθηναῖοι, 
for you may be quite sure, men of Athens,

εἰ ἐγὼ πάλαι ἐπεχείρησα πράττειν τὰ πολιτικὰ πράγματα, 
that if I had undertaken to go into politics,

πάλαι ἂν ἀπολώλη
I should have been put to death long ago

καὶ οὔτ᾽ ἂν ὑμᾶς ὠφελήκη
and should have done 

[31ε] οὐδὲν οὔτ᾽ ἂν ἐμαυτόν.
[31e] no good to you or to myself.

καί μοι μὴ ἄχθεσθε λέγοντι τἀληθῆ:
And do not be angry with me for speaking the truth;

οὐ γὰρ ἔστιν ὅστις ἀνθρώπων σωθήσεται
the fact is that no man will save his life

οὔτε ὑμῖν οὔτε ἄλλῳ πλήθει οὐδενὶ γνησίως ἐναντιούμενος
who nobly opposes you or any other populace

καὶ διακωλύων πολλὰ ἄδικα καὶ παράνομα ἐν τῇ πόλει γίγνεσθαι,
and prevents many unjust and illegal things from happening in the state. 

[32α] ἀλλ᾽ ἀναγκαῖόν ἐστι τὸν τῷ ὄντι μαχούμενον ὑπὲρ τοῦ δικαίου,
[32a] A man who really fights for the right,

καὶ εἰ μέλλει ὀλίγον χρόνον σωθήσεσθαι,
if he is to preserve his life for even a little while,

ἰδιωτεύειν ἀλλὰ μὴ δημοσιεύειν.
must be a private citizen, not a public man.

==============================

[31δ] .... ἐμοὶ δὲ τοῦτ᾽ ἔστιν ἐκ παιδὸς ἀρξάμενον, 
φωνή τις γιγνομένη, ἣ ὅταν γένηται, 
ἀεὶ ἀποτρέπει με τοῦτο ὃ ἂν μέλλω πράττειν, 
προτρέπει δὲ οὔποτε. 
τοῦτ᾽ ἔστιν ὅ μοι ἐναντιοῦται τὰ πολιτικὰ πράττειν, 
καὶ παγκάλως γέ μοι δοκεῖ ἐναντιοῦσθαι: 
εὖ γὰρ ἴστε, ὦ ἄνδρες Ἀθηναῖοι, 
εἰ ἐγὼ πάλαι ἐπεχείρησα πράττειν τὰ πολιτικὰ πράγματα, 
πάλαι ἂν ἀπολώλη
καὶ οὔτ᾽ ἂν ὑμᾶς ὠφελήκη

[31d] .... I have had this from my childhood;
it is a sort of voice that comes to me, and when it comes
it always holds me back from what I am thinking of doing,
but never urges me forward.
This it is which opposes my engaging in politics.
And I think this opposition is a very good thing;
for you may be quite sure, men of Athens,
that if I had undertaken to go into politics,
I should have been put to death long ago
and should have done 

[31ε] οὐδὲν οὔτ᾽ ἂν ἐμαυτόν.
καί μοι μὴ ἄχθεσθε λέγοντι τἀληθῆ:
οὐ γὰρ ἔστιν ὅστις ἀνθρώπων σωθήσεται
οὔτε ὑμῖν οὔτε ἄλλῳ πλήθει οὐδενὶ γνησίως ἐναντιούμενος
καὶ διακωλύων πολλὰ ἄδικα καὶ παράνομα ἐν τῇ πόλει γίγνεσθαι,

[31e] no good to you or to myself.
And do not be angry with me for speaking the truth;
the fact is that no man will save his life
who nobly opposes you or any other populace
and prevents many unjust and illegal things from happening in the state. 

[32α]
ἀλλ᾽ ἀναγκαῖόν ἐστι τὸν τῷ ὄντι μαχούμενον ὑπὲρ τοῦ δικαίου,
καὶ εἰ μέλλει ὀλίγον χρόνον σωθήσεσθαι,
ἰδιωτεύειν ἀλλὰ μὴ δημοσιεύειν.

[32a] A man who really fights for the right,
if he is to preserve his life for even a little while,
must be a private citizen, not a public man.

Possibly it's sentimental and foolish of me to be fond of the Greek 
text as I am. Given that the Greeks, so to speak invented the state 
(polis), the explicit rejection of public life seems to me all the 
more remarkable. It is a stance very congenial to me, who is so badly 
disillusioned.

My best wishes to you and Ned.

Jochen


"Wer spricht von siegen?
Überstehen ist alles."
                     Rilke

Who speaks victory?
It is enough to survive.