Heráclito, DK 22 B 44 (frg. 103, Marcovich) ; Heraclitus, DK 22 B 44 (frg. 103, Marcovich)

Almost all scholars accept the text referred to in Diels’s edition of Heraclitus’ fragments as B 44 as authentic. And yet, though the number of experts who reject its authenticity is extremely small1, various pieces of evidence put this text under a cloud of suspicion. This article’s author will try to highlight and further support the position of the sceptics. The aim, however, is not to relegate this fragment among the falsa but rather to provide the advocates of its authenticity with an opportunity to refute the introduced objections. Many scholars

Palabras clave EMERITA, Revista de Lingüística y Filología Clásica Almost all scholars accept the text referred to in Diels's edition of Heraclitus' fragments as B 44 as authentic. And yet, though the number of experts who reject its authenticity is extremely small 1 , various pieces of evidence put this text under a cloud of suspicion. This article's author will try to highlight and further support the position of the sceptics. The aim, however, is not to relegate this fragment among the falsa but rather to provide the advocates of its authenticity with an opportunity to refute the introduced objections. Many scholars 1 seem to support the authenticity of B 44 by default rather than on basis of a thorough analysis of arguments for and against it. Another, in a way subsidiary aim of this article is to point to certain inconsistencies in the treatment of fragments that are generally accepted as true or false.
These are the objections can be raised against the authenticity of B 44:

Stylistic and syntactic anomalies
In most manuscripts, the text appears in the following form: 1 their city-wall. In anyone else's writing, such irregularity would not be problematic but Heraclitus treated articles with parsimony and plenty of consideration.
tain an article, and in most cases it plays some important grammatical or semantic function (such as expressing opposition, fronting participles, endowing . Most scholars accept that articles in this fragment fall into this category . Those who Cf. Bollack fronting should be understood in the sense of «ce peuple», i.e., the people of Ephesus, are not content to believe that Heraclitus ascribed the same value to «law» consequence of: a b c d does not seem too plausible because stylistic reasons seem to be absent and it is still doubtful whether the statement has a metric form at all: Diels and Marcovich claim to recognise a iambic trimeter in the text but only after making changes to its wording, and even so they cannot support the assumed measurement with convincing reasons 4 . The third option cannot be assessed due to lack of other sources but even so it has its proponents 5 . The fourth option also remains open since Diogenes Laertius, who only quotes the B 44, belongs to authors «convicted» of inserting inauthentic additions into Heraclitus' texts. It which some scholars believe to be an inauthentic addition and a reason to doubt the entire fragment .
nowadays usually removed from the text even by most scholars who are conis not the article itself but rather the meaning of the insertion within the statement as a whole. Though this predicament may be to some degree disguised by a suitably interpretative translation , one may well ask: a 4 5 b c -

Duplication of the main metaphor
demanded that «those who speak with reason must lean on what is common the authenticity of B 44 since comparison with B 114 reveals just how much ance of laws, hardly implying some potential deeper meanings or connections.
Duplication of a metaphor is not rare in the corpus of Heraclitus' sayings, and for the most part, it is tacitly accepted as one of the peculiarities of his style. Even so, it is noteworthy that many of the fragments that are often suspected of inauthenticity share this particular feature. For example B 4, where delight in the mire more . B 4 is rejected or left out by Schleiermacher, Lassalle, Mullach, Schuster, Bywater, Albertus clearly violated the logic of the original saying, which demonstrated the relativity of values using an example of a choice between gold and straw, in order to somewhat obviously emphasise the similarity between a person seeking bodily pleasures and an ox coveting a vetch . Another metaphoric doublet, as inauthentic, seems to be a later rendition or a simplifying explanation of those who are slain by Ares». Likewise, the claim that «the wisest of men, in of apes is ugly in comparison with a human». In this case, too, syntactic am-

11
. deviation from elaborate polysemy of a hypothetical original. Statements -reservations.
Older scholars usually did not include the statement transmitted by Columella in their 11 Scholars often reject the authenticity of the wording of both fragments (see already Ber-who steps into a river and cannot achieve identity. Yet it would be hard to turn this into a convincing case against the authenticity of these statements since they may be seen as presenting different views of the problem . Somewhat unclear is also the situation of the maxim that «thought is common to 14 , it also opens new avenues of interpretation, e.g., the question whether really everyone, including animals, plants, and things take some part in thinking 15 .
Accordingly, the existence of such semantic and metaphorical doublets ted unwittingly, for example, when an author intended to reproduce the origithat some authors intentionally created a new variant which they saw as better suited in a particular context. At other times, creation of a new version of Heraclitus' saying may have resulted from doxographers's aim to think in Heraclitean spirit or to develop his claims further (this suspicion is relevant especially and amended his own thoughts and images. In the case of some fragments, this may well be defensible but if one of the two similar versions is notably dull and inferior, it may be advisable to place such a statement in the previous two groups rather than take recourse to constructing elaborate apologies and suppose that Heraclitus was not always in top shape.

Incongruity between the statement and Heraclitus' views
whom Heraclitus usually treated with disgusted loathing, speaking of them 14 ticity for these reasons. 15 a categorical claim that «the many are bad», regardless of whether this was uttered by Bias, whom Heraclitus mentions, or Heraclitus himself . Ordinary numerous fragments, these ignorant fools who in their barbaric souls cannot understand, differentiate, apprehend, hear, or speak, are referred to simply by ontological shortcoming since «the many» cannot even tell apart what is wise . quotations and paraphrases that in Heraclitus' view, the «many» are incapable of establishing good laws since they cannot see things as they are, cannot disor compliance with laws: he radically doubted the ability of ordinary people to recognise when, how, and against whom such laws should be defended .
Miroslav Marcovich thought that B 44 may be a kind of a political slogan in a metric form which Heraclitus composed for Ephesians in times of political crisis, indicating that as city walls protect from an external enemy, laws represent a protection against an internal enemy, especially against those jective and emphatically pro-democratic interpretation (which is a classical circulus uitiosus who may aspire to tyrannical rule . This hypothesis was certainly well meant, and it may facilitate the defence of other, similarly simple appeals from the Heraclitean corpus but Heraclitus' style of thought and all available evidence contradicts it .

Anachronic meaning of the term
Before the second half of the 5 th did not mean «law» edicts of the Mycenaean ruler Creon . Novelty of this meaning is further con-. In this way, they wanted to prevent possible confusion with traditional customs because the new laws crucially . In the older stratum , and the new meaning can be attested only around mid-5 th century . This new meaning quickly caught on and spread, and in the course of the Hellenistic period be- me the means of a struggle whereby various communities since approximately th century sought to limit the power of important aristocratic families and introduce a measure of order and predictability into the decision-making accessible laws were seen as a protection against arbitrary application and interpretation of the old and often ambiguous customary law, whose imple-. within the concould be translated as «political establishment», «legal order» or even «normative conduct» . True, according to legends Heraclitus was the scion of an old aristocratic family, which in consequence of this struggle and with the rise of democrats lost real power .
-th DK since there are almost no extant sources pertaining to the political situation and demographics customs as preferable to the new written laws . But such interpretation is undermined by the demand that it be the people who defend the old customs vation of a particular political regime also does not sound too plausible since Heraclitus in various fragments and testimonies repeatedly condemns it.
The best reading of the statement is obtained by assuming it refers to a «law», and all interprets and extant variations of the same metaphor (see usually rely on other Heraclitean fragments in which they interpret , and suppose both that the philosopher meant the divine law, as was common in his time , and that the difference between a custom and a law was almost negligible . The problem with this explanation is that the examples they invoke either or come from the even considers the possibility that B 44 was part of the text of B 114.
means quite clearly and unequivocally «custom» (DK also refers to a «custom» (DK second half of the 5 th century, when started being used to mean «law» in various contexts .
-. Fragment B 114 is very problematic indeed but even here can be read in the traditional sense of «custom, practice, habit, order» . Moreover, it is possible that Heraclitus also played with the meanings of a differently accented but otherwise may support this hypothesis . And there are other reasons that speak against reading (Suppl.

DK rectness of words to strict law, because they believed this to be the most divine and universal
Leg.
--und deren Macht sich selbst bis in die Menschensatzungen hinein erstreckt». Cf. also Reinhardt here «must be taken in a wider sense as referring with the law and asserting a superiority of divine law over human ones, but rather about 41 shared by the new laws of various communities would be unprecedented not only among the pre-Socratic philosophers, who focused mainly on a divine , but quite unique also within Heraclitean and mutual balance play a key role view, human laws could hardly provide a community with a commendable kind of underpinning since in his early life, they tended to focus on one particular problem, and tried to enforce the legalised solution in perpetuity, while towards the end of his life, Heraclitus may well have encountered situations where laws would be frequently and variously changed and altered to suit the current interest of representatives of different power groups, which sometimes resulted in laws contradicting each other 44 .
rity and order in the course of affairs dictated by the customs of their forefathers, and placed the origin of this order in the divine sphere (especially in the 45 . It is also beyond doubt that even in Classical times and later, -41 44 us to prove this only in the case of Athens of the last third of the 5 th century but this process most likely started somewhat earlier and was not limited to Athens and Crete. 45 Hesiod, Op.
. And while it is conceivable that Heraclitus were the city walls, he would have to be a little more explicit because no one is likely to look for this meaning in the extant words of B 44. to munity was already dominated by a bad constitution» . This statement, too, is ahistoric , though it seems that towards the end of the Archaic period Ephesians were busy issuing written laws left and right which all existing and prospective laws would have to conform to . No such circumstance could have therefore prevented Heraclitus from coming up with 51 . The idea of asking Hera-

Protag. -
Hermes asked Zeus how he should impart justice and reverence among men: Should he dis-In Aristogit. I (Or.
originally belonged to the same wall even though the subjects of the decrees varied widely so LSAM with rules of taking an oath in front of a judge (LSAM 51 Iamblichus, VP who declared he would legislate for the Ephesians, and then decreed that the citizens should be clitus to propose laws also does not sound likely. During the Archaic period, an exceptional individual could be in times of crisis asked to organise the political affairs of a state (this was the case of, e.g., Solon in Athens or Demonax in to a particular problem, and despite later legends describing a far-reaching legislative aspect of these enterprises, had little to do with laws .
The ahistoric nature of Diogenes' story would be of little interest to us if it weren't for the fact that fragment B 44 makes best sense in precisely this context. In Archaic times when law-making was a great novelty and by no means a commonplace achievement, people mainly aimed at creating and enforcing the best possible laws whose validity they then wished to secure in perpetuity . In the Classical and Hellenistic period, however, when laws were often reformulated, abolished, misinterpreted or simply not adhered to, few believed that optimal laws on their own could ensure the wellbeing of a community.
philosophers of the Classical period, and one of the main goals of Hellenistic pedagogy. However, it is questionable whether such interests can be ascribed already to Heraclitus.

Analogy with trivial gnomic wisdom
Fragment B 44 bears little resemblance with the dark, precisely formulated, and endlessly ambiguous maxims so characteristic of Heraclitus. It seems much closer to the so-called gnomic wisdom, which was in the Archaic period usually presented by poets, in Classical times by sophists, and during Hellenism by philosophers and pedagogues 54 Later on, however, such statements are far from rare because their main tarthe advice the philosopher allegedly gave his citizens: following their wishes (DK DK adult aristocrats who were the main agents and representatives of tradition, since the end of Classical times these sayings were increasingly created for by the means of such straightforward, uncomplicated maxims. For example, when in the 5 th century Euryptolemus of Athens urged the assembly to observe laws and act in accordance with them, he did so for a particular reason, and in his speech he prepared the ground for his plea 55 . Statements about the need to guard and observe laws which are found in various gnomic collections dated after the last third of the 4 th century are no more than simple, unsubstantiated appeals, which students were simply supposed to memorise . The similarity of B 44 with trivial gnomic «wisdom» is, moreover, not limited to a resemblance in form: it concerns the content as well. Existence of sayings involving city walls is hinted on already by the lyrical poet Alcaeus, according to whom «men are a city's warlike wall» to have been dictated by a desire to defend the customs and laws of their forefathers rather than city walls . An interesting, though not very close analogy is found in a statement that «best is democracy where all fear the law as they  Sept. sap. conv. -origin, among whom Cicero stands out a community, divine and human law, and city walls mentioned in close proximity, though not in the form of the metaphor known from Heraclitus . An interesting parallel is found in the Septuagint: «... so they that forsake the law . The Hebrew original sounds a little differently but since the text is not very grammatically complex, the most likely reason for the difference seems to be the desire to use in translation a generally known proverb. That is what Clem-ND better than she is defended by her ramparts» (est enim mihi tecum pro aris et focis certamen et Acad.
to defend these doctrines as you would defend the walls» (haec tibi, Luculle, si es adsensus Pro Sestio houses joined together, which we now call cities, and divine and human laws began to be recognised» (tum domicilia coniuncta, quas urbis dicimus, invento et divino iure et humano B 44 but in doing so, he strengthens the analogy by the insertion of ut in front of moeniebus (as text with either quite extraordinary degree of empathy or, as may be, imagination, since that is exactly what is needed to see Heraclitus behind it.
An ecumenical translation of this passage is: «Those who abandon the law, praise a godless one, but those who obey the law, oppose them». ent of Alexandria and others most likely had in mind . A similar saying is also speaks of laws being stronger than a city wall Nazianzus, the only real certainty is in the command to «not break the law, .
, however close this fragment may stand to the original form of the proverb. Thinking in this direction is certainly legitimate, because there are a few proverbs that, with high thout beeing able to retain their original depth . On the other hand, there are iambic poet who allegedly «undertook to put the discourse of Heraclitus into meter, and that Scythinus produced verses similar to the «gnomic wisdom» of mething completely different, is hard to decide. As the fr. B 44 does not seem to have undergone any philosophical or other changes, most likely none were ex post, in order to buttress its authority.

Analogy with falsa in a moralistic spirit
Fragment B 44 bears a marked resemblance to several statements, most of which are more or less generally seen as falsa. The great majority of these maxims have the form of rather simple, straightforward moralistic exhortaelementary school, but which look rather out of place among statements of a brilliant intellectual. Most of them are found only in late collections of gnomic statements of sundry provenance and mediocre quality.
you become ridiculous».
Trivial wisdoms of this kind were ascribed not only to Heraclitus but also to other pre-Socratics and various famous philosophers for example, is an anecdote, which circulated in various versions involving Xenophanes, Lycurgus, and an anonymous sage . And yet, not all assertions of this kind are excluded from the corpus of authentic Heraclitean statements: the wine cups».