| Plato, Laws (English) (XML Header) [genre: prose] [word count] [lemma count] [Pl. Leg.]. | ||
| <<Pl. Leg. 931c | Pl. Leg. 933d (Greek) | >>Pl. Leg. 935d |
932eWe have already note dealt fully with cases where one man injures another by poisons so that death is the result; but we have not as yet dealt fully with any of the minor cases in which willful and deliberate injury is caused by means of potions, foods, and unguents. A division in our treatment of poisoning cases is required by the fact that, following the nature of mankind, they are of two distinct types. The type
933athat we have now expressly mentioned is that in which injury is done to bodies by bodies according to nature's laws. Distinct from this is the type which, by means of sorceries and incantations and spells (as they are called), not only convinces those who attempt to cause injury that they really can do so, but convinces also their victims that they certainly are being injured by those who possess the power of bewitchment. In respect of all such matters it is neither easy to perceive what is the real truth, nor, if one does perceive it, is it easy to convince others. And it is futile to approach the souls of men
933bwho view one another with dark suspicion if they happen to see images of molded wax at doorways, or at points where three ways meet, or it may be at the tomb of some ancestor, to bid them make light of all such portents, when we ourselves hold no clear opinion concerning them. Consequently, we shall divide the law about poisoning under two heads, according to the modes in which the attempt is made, note and, as a preliminary, we shall entreat, exhort, and advise that no one must attempt
933cto commit such an act, or to frighten the mass of men, like children, with bogeys, and so compel the legislator and the judge to cure men of such fears, inasmuch as, first, the man who attempts poisoning knows not what he is doing either in regard to bodies (unless he be a medical expert) or in respect of sorceries (unless he be a prophet or diviner). So this statement shall stand
933das the law about poisoning:—Whosoever shall poison any person so as to cause an injury not fatal either to the person himself or to his employes, or so as to cause an injury fatal or not fatal to his flocks or to his hives,—if the agent be a doctor, and if he be convicted of poisoning, he shall be punished by death; but if he be a lay person, the court shall assess in his case what he shall suffer or pay. And if it be held that a man is acting like an injurer by the use of spells, incantations,
933eor any such mode of poisoning, if he be a prophet or diviner, he shall be put to death; but if he be ignorant of the prophetic art, he shall be dealt with in the same way as a layman convicted of poisoning,—that is to say, the court shall assess in his case also what shall seem to them right for him to suffer or pay. In all cases where one man causes damage to another by acts of robbery note or violence, if the damage be great, he shall pay a large sum as compensation to the damaged party, and a small sum if the damage be small; and as a general rule, every man shall in every case pay a sum equal to the damage done, until the loss is made good; and, in addition to this, every man shall pay the penalty which is attached to his crime
934aby way of corrective. The penalty shall be lighter in the case of one who has done wrong owing to another's folly—the wrong-doer being over-persuaded because of his youth or for some such reason; and it shall be heavier when man has done wrong owing to his own folly, because of his incontinence in respect of pleasures and pains and the overpowering influence of craven fears or of incurable desires, envies and rages. And he shall pay the penalty, not because of the wrongdoing,—for what is done can never be undone,—but in order that for the future both he himself and those who behold his punishment may either utterly loathe his sin
934bor at least renounce note to a great extent such lamentable conduct. For all these reasons and with a view to all these objects, the law, like a good archer, must aim in each case at the amount of the punishment, and above all at its fitting amount; and the judge must assist the lawgiver in carrying out this same task, whenever the law entrusts to him the assessment of what the defendant is to suffer or pay,
934cwhile the lawgiver, like a draughtsman, must give a sketch in outline of cases which illustrate the rules of the written code. And that, O Megillus and Clinias, is the task which we must now execute as fairly and well as we can: we must state what penalties should be ordained for all cases of robbery and violence, in so far as the gods and sons of gods may suffer us to ordain them by law. If any be a madman, he shall not appear openly in the city; the relatives of such persons shall keep them indoors, employing whatever means they know of,
934dor else they shall pay a penalty; a person belonging to the highest property-class shall pay a hundred drachmae, whether the man he is neglecting be a free man or a slave,—one belonging to the second class shall pay four-fifths of a mina—one of the third class, three-fifths,—and one of the fourth class, two-fifths. There are many and various forms of madness: in the cases now mentioned it is caused by disease, but cases also occur where it is due to the natural growth and fostering of an evil temper, by which men in the course of a trifling quarrel abuse one another slanderously with loud cries—
| Plato, Laws (English) (XML Header) [genre: prose] [word count] [lemma count] [Pl. Leg.]. | ||
| <<Pl. Leg. 931c | Pl. Leg. 933d (Greek) | >>Pl. Leg. 935d |
