Socrates states in the Apology that he fears acting unjustly more than he fears death. However, there are certain situations in which no possible course of action is entirely free from injustice. In such a case, one must not only take the least unjust course, but be prepared for any punishment which may be inflicted for the injustice one has committed.

Socrates does not, therefore, say that his disobedience in refusing to arrest Leon of Salamis was free from injustice. He admits that it was wrong and he is prepared to be punished for it. He simply regards his disobedience as the lesser of two possible injustices. This case presents a clear analogy to the trial Socrates is undergoing in the Apology. He has refused to remain silent and cease practising philosophy, since it would be against his conscience to do so. However, he recognizes the right of the state to condemn him to death for his actions. It is not always possible to act both in accordance with one's conscience and in obedience to the state. When the two conflict, one should recognize the claims of the state, and make no attempt to evade judgment and punishment, however virtuous one's refusal to obey the law may have been.