Plato, Laws (English) (XML Header) [genre: prose] [word count] [lemma count] [Pl. Leg.].
<<Pl. Leg. 932d Pl. Leg. 934e (Greek) >>Pl. Leg. 937a

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— 934ea thing which is unseemly and totally out of place in a well-regulated State. Concerning abuse there shall be this one law to cover all cases:—No one shall abuse anyone. If one is disputing with another in argument, he shall either speak or listen, and he shall wholly refrain from abusing either the disputant or the bystanders. For from those light things, words, there spring in deed things most heavy to bear, even hatreds and feuds, 935awhen men begin by cursing one another and foully abusing one another in the manner of fish-wives; and the man who utters such words is gratifying a thing most ungracious and sating his passion with foul foods, and by thus brutalizing afresh that part of his soul which once was humanized by education, he makes a wild beast of himself through his rancorous life, and wins only gall for gratitude from his passion. In such disputes all men are commonly wont to proceed to indulge in ridicule 935bof their opponent; but everyone who has ever yet indulged in this practice has either failed to achieve a virtuous disposition, or else has lost in great measure his former high-mindedness. No man, therefore, shall ever in any wise utter such words in any holy place or at any public sacrifice or public games, or in the market or the court or any public assembly; in every such case the magistrate concerned shall punish the offender; or, if he fail to do so, he shall be disqualified for any public distinction 935cbecause of his neglect of the laws and his failure to execute the injunctions of the lawgiver. And if in other places a man abstains not from such language—whether he be the aggressor or acting in self-defence—whosoever meets with him, if he be an older man, shall vindicate the law by driving off with stripes the man who pamper passion, that evil comrade; or, if he fail to do so, he shall be liable to the appointed penalty. We are now asserting that a man who is gripped by the habit of abuse cannot avoid trying to indulge in ridicule; and this is a thing we abuse when it is uttered in passion. 935dWhat then? Are we to countenance the readiness to ridicule people which is shown by comic writers, note provided that in their comedies they employ this sort of language about citizens without any show of passion? Or shall we divide ridicule under the two heads of jest and earnest, and allow anyone to ridicule any other in jest and without passion, note 935ebut forbid anyone (as we have already said) to do so in real earnest and with passion? We must by no means go back on what we said; but we must determine by law who is to be granted this permission, and who refused. A composer of a comedy or of any iambic or lyric song shall be strictly forbidden to ridicule any of the citizens either by word or by mimicry, note whether with or without passion; and if anyone disobeys, the Presidents of the Games 936ashall on the same day banish him wholly from the country, failing which they shall be fined three minas, dedicated to the god whose festival is being held. Those to whom permission has been given, as we previously said, note to write songs about one another shall be allowed to ridicule others in jest and without passion; but they shall not be allowed to do so with passion and in earnest. The task of making this distinction shall be entrusted to the minister in charge of the general education of the young: whatever he shall approve, the composer shall be allowed to produce in public, but whatever he shall disapprove, the composer shall be forbidden either personally to exhibit to anyone or to be found teaching to any other person, free man or slave;


Plato, Laws (English) (XML Header) [genre: prose] [word count] [lemma count] [Pl. Leg.].
<<Pl. Leg. 932d Pl. Leg. 934e (Greek) >>Pl. Leg. 937a

Powered by PhiloLogic