| Plato, Laws (English) (XML Header) [genre: prose] [word count] [lemma count] [Pl. Leg.]. | ||
| <<Pl. Leg. 872e | Pl. Leg. 874e (Greek) | >>Pl. Leg. 876e |
874ato pass judgment on it, thus making atonement on behalf of himself and all his kindred, and the thing convicted they shall cast beyond the borders, as was stated in respect of animals. If anyone be found evidently dead, and if his slayer be unknown and undiscoverable after careful search, then the warnings shall be the same as in the other cases, including the warning of death
874bto the doer of the deed, and the prosecutor, when he has proved his claim, shall give public warning in the market-place to the slayer of So-and-so, convicted of murder, not to set foot in holy places nor anywhere in the country of the victim, since, if he appears and is known, he shall be put to death and be cast out from the country of the victim without burial. So let this stand as one section of our code of law dealing with murder. Thus far we have dealt with crimes of the kind described; in what follows we shall describe the cases and the circumstances under which the slayer will rightly be pronounced guiltless. If a man catch and slay a thief who is entering his house by night to steal goods, he shall be guiltless;
874cand if a man in self-defence slay a footpad, he shall be guiltless. The man who forcibly violates a free woman or boy shall be slain with impunity by the person thus violently outraged, or by his father or brother or sons. And should a man discover his wedded wife being violated, if he kills the violator he shall be guiltless before the law. And if a man slay anyone when warding off death from his father (when he is doing no wrong), or from his mother or children or brethren, or from the mother of his own children,
874dhe shall be wholly guiltless. Thus let it be laid down by law respecting the nurture and training of living souls,—which when gained make life livable, but when missed, unlivable,—and respecting the punishments which ought to be imposed in cases of violent death. The regulations regarding the nurture and training of the body have been stated note: but what comes next, namely, violent actions, both voluntary and involuntary, done by one against another,—these we must define as clearly as we can, stating their character and number
874eand what punishment each duly deserves: such enactments, as it seems, will rightly follow on the foregoing. Next in order after cases of death even the least competent of those who essay legislation would place cases of wounds and maiming. Wounds, just like murders, must be classed under several heads,—the involuntary, those done in passion, those done in fear, and all those that are voluntary and deliberate. Concerning all such cases we must make a prefatory pronouncement to this effect:—It is really necessary for men to make themselves laws and to live according to laws, or else to differ not at all from
875athe most savage of beasts. The reason thereof is this,—that no man's nature is naturally able both to perceive what is of benefit to the civic life of men and, perceiving it, to be alike able and willing to practice what is best. For, in the first place, it is difficult to perceive that a true civic art necessarily cares for the public, not the private, interest,—for the public interest bind States together, whereas the private interest rends them asunder,—and to perceive also that it benefits both public and private interests alike when the public interest, rather than the private, is well enacted.
875bAnd, secondly, even if a man fully grasps the truth of this as a principle of art, should he afterwards get control of the State and become an irresponsible autocrat, he would never prove able to abide by this view and to continue always fostering the public interest in the State as the object of first importance, to which the private interest is but secondary; rather, his mortal nature will always urge him on to grasping and self-interested action, irrationally avoiding pain
875cand pursuing pleasure; both these objects it will prefer above justice and goodness, and by causing darkness within itself it will fill to the uttermost both itself and the whole State with all manner of evils. Yet if ever there should arise a man competent by nature and by a birthright of divine grace to assume such an office, he would have no need of rulers over him; for no law or ordinance is mightier than Knowledge, note nor is it right for Reason to be subject or in thrall to anything, but to be lord of all things,
875dif it is really true to its name and free in its inner nature. But at present such a nature exists nowhere at all, except in small degree; wherefore we must choose what is second best, namely, ordinance and law, which see and discern the general principle, but are unable to see every instance in detail. This declaration has been made for the sake of what follows: now we shall ordain what the man who has wounded, or in some way injured, another must suffer or pay. And here, of course, it is open to anyone, in regard to any case, to interrupt us, and quite properly, with the question—“What wounds has the man you speak of inflicted,
875eand on whom, and how and when? For cases of wounding are countless in their variety, and they differ vastly from one another.” So it is impossible for us either to commit all these cases to the law courts for trial, or to commit none of them. Yet in regard to them all there is one point that we must of necessity commit for decision,—the question of fact, whether or not each of the alleged acts took place;
| Plato, Laws (English) (XML Header) [genre: prose] [word count] [lemma count] [Pl. Leg.]. | ||
| <<Pl. Leg. 872e | Pl. Leg. 874e (Greek) | >>Pl. Leg. 876e |
