Will the Epicurean Sage Break the Law if He is Perfectly Sure that He Will Escape Detection?: A Difficult Problem Revisited

Abstract

This paper deals with a notorious vexata quaestio in the domainof the Epicurean philosophy of law and justice: will the Epicurean sage break the law if he can be sure that his deed will never be detected (εἰδὼς ὅτι λήσει)? Epicurus himself remained quite cautious on this topic, as appears from his answer that “the unqualified predication is not free from difficulty.” After a discussion of several traditional interpretations, which often unduly neglect the paramount importance and far-reaching implications of the εἰδὼς ὅτι λήσει-presupposition, I argue that the Epicurean sage will in the end judge each case on its own merits, using pleasure as his only criterion while taking into account the particular circumstances.