The Paradoxical Fee¹

The Fee Dispute Between Protagoras and Euathlus

(from Diogenes Laertius’s The Lives and Opinions of Eminent Philosophers and Aulus Gellius’s Attic Nights)

A young Greek student, Euathlus, wanted to become a lawyer, but could not afford to pay the tuition fee charged by the leading sophist at the time, Protagoras. Seeing the talent of Euathlus, however, Protagoras agreed to teach Euathlus under the condition that if Euathlus won his first case he would pay Protagoras his fee. On the other hand, if he did not win his first case, he would not owe Protagoras. Euathlus agreed.

Euathlus completed his course of study, but did not take any cases to court. Finally, the exasperated Protagoras sued for his fee.

Protagoras believed he could not lose, and he argued:

If Euathlus loses the case, then he will be obligated to pay me a fee based upon the judgment of the court. On the other hand, if Euathlus wins the case against me, then he would be obligated to pay me a fee based upon the agreement that he would pay me my fee if he won the first case.

Euathlus, however, responded to Protagoras’s argument follows:

If I win this case, then, by the judgment of the court I will not have to pay Protagoras his fee. On the other hand, if I lose the case, then I do not have to pay you under the agreement I have with Protagoras.

The jury could not decide between the arguments.

Endnotes

¹ Adapted from the Life of Protagoras in Diogenes Laertius’ The Lives and Opinions of Eminent Philosophers and from Aulus Gellius’s Attic Nights. ⇑