Plato, Laws (English) (XML Header) [genre: prose] [word count] [lemma count] [Pl. Leg.].
<<Pl. Leg. 860c Pl. Leg. 862b (Greek) >>Pl. Leg. 864a

861cThat is impossible; and before we legislate we are bound first to make it clear somehow that these wrong-doings are two-fold, and wherein their difference consists, in order that when we impose the penalty on either kind, everyone may follow our rules, and be able to form some judgment regarding the suitability or otherwise of our enactments.

Clinias

What you say, Stranger, appears to us to be excellent: we ought to do one of two things,—either not assert that all unjust acts are involuntary, or else make our distinctions first, 861dthen prove the correctness of that assertion.

Athenian

Of these alternatives the first is to me quite intolerable—namely, not to assert what I hold to be the truth,—for that would be neither a lawful thing to do nor a pious. But as to the question how such acts are two-fold,—if the difference does not lie in that between the voluntary and the involuntary, then we must try to explain it by means of some other distinction. note

Clinias

Well, certainly, Stranger, about this matter there is no other plan we can possibly adopt. 861e

Athenian

It shall be done. Come now, in dealings and intercourse between citizens, injuries committed by one against another are of frequent occurrence, and they involve plenty of the voluntary as well as of the involuntary.

Clinias

To be sure!

Athenian

Let no one put down all injuries as acts of injustice and then regard the unjust acts involved as two-fold in the way described, namely, that they are partly voluntary and partly involuntary (for, of the total, the involuntary injuries are not less than the voluntary either in number or in magnitude); 862abut consider whether in saying what I am now going to say I am speaking sense or absolute nonsense. For what I assert, Megillus and Clinias, is not that, if one man harms another involuntarily and without wishing it, he acts unjustly though involuntarily, nor shall I legislate in this way, pronouncing this to be an involuntary act of injustice, but I will pronounce that such an injury is not an injustice at all, whether it be a greater injury or a less. And, if my view prevails, we shall often say that the author of a benefit wrongly done commits an injustice; 862bfor as a rule, my friends, neither when a man gives some material object to another, nor when he takes it away, ought one to term such an act absolutely just or unjust, but only when a man of just character and disposition does any benefit or injury to another,—that is what the lawgiver must look at; he must consider these two things, injustice and injury, and the injury inflicted he must make good so far as possible by legal means; he must conserve what is lost, restore what has been broken down, make whole 862cwhat is wounded or dead; and when the several injuries have been atoned for by compensation, he must endeavor always by means of the laws to convert the parties who have inflicted them and those who have suffered them from a state of discord to a state of amity.

Clinias

He will be right in doing that.

Athenian

As regards unjust injuries and gains, in case one man causes another to gain by acting unjustly towards him, all such cases as are curable we must cure, regarding them as diseases of the soul. And we should affirm that our cure for injustice lies in this direction—

Clinias

What direction? 862d

Athenian

In this,—that whenever any man commits any unjust act, great or small, the law shall instruct him and absolutely compel him for the future either never willingly to dare to do such a deed, or else to do it ever so much less often, in addition to paying for the injury. To effect this, whether by action or speech, by means of pleasures and pains, honors and dishonors, money-fines and money-gifts, and in general by whatsoever means one can employ to make men hate injustice and love (or at any rate not hate) justice,—this is precisely the task of laws most noble. 862eBut for all those whom he perceives to be incurable in respect of these matters, what penalty shall the lawgiver enact, and what law? The lawgiver will realize that in all such cases not only is it better for the sinners themselves to live no longer, but also that they will prove of a double benefit to others by quitting life—since they will both serve as a warning to the rest not to act unjustly, and also rid 863athe State of wicked men, note—and thus he will of necessity inflict death as the chastisement for their sins, in cases of this kind, and of this kind only.

Clinias

What you have said seems very reasonable; but we should be glad to hear a still clearer statement respecting the difference between injury and injustice, and how the distinction between the voluntary and the involuntary applies in these cases.

Athenian

I must endeavor to do as you bid me, and explain the matter. 863bNo doubt in conversing with one another you say and hear said at least thus much about the soul, that one element in its nature (be it affection or part) is “passion,” which is an inbred quality of a contentious and pugnacious kind, and one that overturns many things by its irrational force.

Clinias

Of course.

Athenian

Moreover, we distinguish “pleasure” from passion, and we assert that its mastering power is of an opposite kind, since it effects all that its intention desires by a mixture of persuasion and deceit.

Clinias

Exactly.



Plato, Laws (English) (XML Header) [genre: prose] [word count] [lemma count] [Pl. Leg.].
<<Pl. Leg. 860c Pl. Leg. 862b (Greek) >>Pl. Leg. 864a

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