| Plato, Laws (English) (XML Header) [genre: prose] [word count] [lemma count] [Pl. Leg.]. | ||
| <<Pl. Leg. 765b | Pl. Leg. 767d (Greek) | >>Pl. Leg. 769e |
766emust always be made clear, and for elucidating the point at issue, lapse of time, deliberation and frequent questionings are of advantage. Therefore those who challenge each other must go first to the neighbors and friends who know most about
767athe actions in dispute: if a man fails to get an adequate decision from them, he shall repair to another court; and if these two courts are unable to settle the matter, the third court shall put an end to the case. In a sense we may say that the establishment of law-courts coincides with the election of officials; for every official must be also a judge of certain matters, while a judge, even if not an official, may be said to be an official of no little importance on the day when he concludes a suit by pronouncing his judgment.
767bAssuming then that the judges are officials, let us declare who will make suitable judges, and of what matters, and how many shall deal with each case. The most elementary form of court is that which the two parties arrange for themselves, choosing judges by mutual agreement; of the rest, there shall be two forms of trial,—the one when a private person accuses a private person of injuring him and desires to gain a verdict by bringing him to trial, and the other when a person believes that the State is being injured by one of the citizens
767cand desires to succor the common weal. Who and what sort the judges are must now be explained. First, we must have a court common to all private persons who are having their third note dispute with one another. It shall be formed in this way. On the day preceding the commencement of a new year of office—which commences with the month next after the summer solstice—all the officials, whether holding office for one year only or longer, shall assemble in the same temple and, after adjuring the god,
767dthey shall dedicate, so to say, one judge from each body of officials, namely, that member of each body whom they deem the best man and the most likely to decide the suits for his fellow-citizens during the ensuing year in the best and holiest way. These being chosen, they shall undergo a scrutiny before those who have chosen them; and should any be disqualified, they shall choose a substitute in like manner. Those who pass the scrutiny shall act as judges for those who have escaped the other courts, and they shall cast their votes openly.
767eThe Councillors, and all the other officials, who have elected them, shall be obliged to attend these trials, both to hear and to see; and anyone else that wishes may attend. Anyone who accuses a judge of deliberately giving an unjust judgment shall go to the Law-wardens and lay his charge before them: a judge that is convicted on such a charge shall submit to pay double the amount of the damage done to the injured party; and if he be held to deserve a greater penalty, the judges of the case shall estimate what additional punishment must be inflicted, or what payment made to the State and to the person who took proceedings. In the matter of offences against the State it is necessary, first of all,
768athat a share in the trial should be given to the populace, for when a wrong is done to the State, it is the whole of the people that are wronged, and they would justly be vexed if they had no share in such trials; so, while it is right that both the beginning and the ending of such a suit should be assigned to the people, the examination shall take place before three of the highest officials mutually agreed upon by both defendant and plaintiff: should they be unable by themselves to reach an agreement, the Council must revise
768bthe choice of each of them. In private suits also, so far as possible, all the citizens must have a share; for the man that has no share in helping to judge imagines that he has no part or lot in the State at all. Therefore there must also be courts for each tribe, and judges appointed by lot and to meet the sudden occasion must judge the cases, unbiased by appeals; but the final verdict in all such cases must rest with that court which we declare to be organized in the most incorruptible way that is humanly possible,
768cspecially for the benefit of those who have failed to obtain a settlement of their case either before the neighbors or in the tribal courts. note Thus as concerns the law-courts—which, as we say, cannot easily be called either “offices” or “non-offices” without ambiguity—this outline sketch serves to describe them in part, though there is a good deal it omits; for detailed legislation and definition concerning suits would most properly be placed at the conclusion of the legislative code. note So let these matters
768dbe directed to wait for us at the conclusion; and I should say that the other official posts have had most of the legislation they require for their establishment. But a full and precise account concerning each and all of the State departments and the whole of the civic organization it is impossible to give clearly until our review has embraced every section of its subject, from the first to the very last, in proper order.
768eSo now, at the point where we stand—when our exposition has reached so far as to include the election of the officials—we may find a fit place to terminate our previous subject, and to commence the subject of legislation, which no longer needs any postponements or delays.Clinias
The previous subject, Stranger, you have treated to our entire satisfaction; but we welcome still more heartily the way you have linked up your past statements with your future statements—the end with the beginning.
| Plato, Laws (English) (XML Header) [genre: prose] [word count] [lemma count] [Pl. Leg.]. | ||
| <<Pl. Leg. 765b | Pl. Leg. 767d (Greek) | >>Pl. Leg. 769e |
