Plato, Laws (English) (XML Header) [genre: prose] [word count] [lemma count] [Pl. Leg.]. | ||
<<Pl. Leg. 947b | Pl. Leg. 949b (Greek) | >>Pl. Leg. 951a |
948cto the disputants regarding each matter in dispute, and thus secured a speedy and safe settlement. But nowadays, when, as we say, note a certain section of mankind totally disbelieve in gods, and others hold that they pay no regard to us men, while a third party, consisting of the most and worst of men, suppose that in return for small offerings and flatteries the gods lend them aid in committing large robberies, and often set them free from great penalties,—under such conditions, for men as they now are, the device of Rhadamanthys would no longer be appropriate in actions at law.
948dSince, therefore, the opinions of men about the gods have changed, so also must their laws change. In legal actions laws that are framed intelligently ought to debar both litigants from taking oaths; he that is bringing an action against anyone ought to write down his charges, but swear no oath, and the defendant in like manner ought to write down his denial and hand it to the magistrates without an oath. For truly it is a horrible thing to know full well that, inasmuch as lawsuits are frequent in a State, well-nigh half the citizens are perjurers,
948ealthough they have no scruple in associating with one another at common meals and at other public and private gatherings. So it shall be laid down by law that a judge shall take an oath when he is about to give judgment, and likewise oaths shall be taken by him who is appointing public officials
949aby voting under oath or by bringing his votes from a sacred spot, and by the judge of choirs or of any musical performance, and by the presidents and umpires of gymnastic and horse-racing contests, or of any matters which do not, in human opinion, bring gain to him who commits perjury. But in all cases where it obviously appears that a large gain will accrue to him who denies stoutly and swears ignorance, all the contending parties must be judged
949bby trials without oaths. And in general, during a trial, the presidents of the court shall not permit a man to speak under oath for the sake of gaining credence, or to imprecate curses upon himself and his family, or to make use of unseemly supplications and womanish sobbings, but only and always to state and hear what is just in proper language; note otherwise, the magistrate shall check him for digressing from the point, and shall call him back to deal with the matter in hand. In the case of resident aliens dealing with aliens, it shall be permitted them, as now, to give and receive oaths of a binding character one from another, if so they choose,—
949cfor these men will not grow old in the State note nor, as a rule, will they make their nest in it, and rear up others like themselves to become naturalized in the country; and in respect of the private actions they bring against one another, they shall all have the same privilege during the trial. In all cases where a free man disobeys the State, not by acts deserving of stripes, imprisonment or death, but in respect of matters such as attendance at festivals or processions or public ceremonies of a similar kind—
949dmatters involving either a sacrifice in peace or a contribution in time of war,—in all such cases the first necessity is to assess the penalty; in case of disobedience, those officers whom the State and the law appoint to exact the penalty shall take a pledge; and if any disregard the pledgings, the things pledged shall be sold, and the price shall go to the State; and if a greater penalty be required, the official proper in each case shall impose on the disobedient the suitable penalties
949eand shall summon them before the court, until they consent to do what they are bidden. For a State which makes no money except from the produce of its soil, and which does not engage in commerce, it is necessary to determine what action it ought to take regarding the emigration of its citizens to outside countries and the admission of aliens from elsewhere. In giving counsel concerning these matters the lawgiver must begin by using persuasion, so far as he can. The intermixture of States with States naturally results in a blending of characters of every kind, as strangers import among strangers novel customs: note
950aand this result would cause immense damage to peoples who enjoy a good polity under right laws; but the majority of States are by no means well governed, so that to them it makes no difference if their population is mixed through the citizens admitting strangers and through their own members visiting other States whenever any one of them, young or old, at any time or place, desires to go abroad. Now for the citizens to refuse altogether either to admit others or to go abroad themselves is by no means a possible policy,
950band, moreover, it would appear to the rest of the world to be both churlish and cross-grained, since they would get the reputation of adopting harsh language, such as that of the so-called “Aliens Expulsion Acts,” note and methods both tyrannical and severe; and reputation in the eyes of others, whether for goodness or the reverse, is a thing that should never be lightly esteemed. For the majority of men, even though they be far removed from real goodness themselves, are not equally lacking in the power of judging whether others are bad or good; and even in the wicked there resides a divine and correct intuition, note whereby a vast number even of the extremely wicked
Plato, Laws (English) (XML Header) [genre: prose] [word count] [lemma count] [Pl. Leg.]. | ||
<<Pl. Leg. 947b | Pl. Leg. 949b (Greek) | >>Pl. Leg. 951a |