| Plato, Laws (English) (XML Header) [genre: prose] [word count] [lemma count] [Pl. Leg.]. | ||
| <<Pl. Leg. 955a | Pl. Leg. 957a (Greek) | >>Pl. Leg. 959a |
956bBirds and statues make most godlike gifts, and they should be no larger than what one sculptor can complete in a single day; and all other votive offerings shall be modelled on similar lines. And now that we have stated in detail what and how many the divisions of the State as a whole must be, and have also stated to the best of our power the laws regarding all the most important business transactions, note it will be proper to deal next with judicial procedure. note Of law courts the first will be composed of selected judges, selected jointly
956cby both plaintiff and defendant, and these will be called “arbitrators,” as being a more suitable name than “judges.” The second court shall be formed of the villagers and tribesmen (the tribes being divided into twelve parts); and if the cause be not decided in the first court, they shall come before these judges to fight a case involving a greater injury, and if at the second trial the defendant is defeated, he shall pay as an extra penalty the fifth part of the assessed amount of the penalty recorded; and if, dissatisfied with his judges, he desires to fight his case before a court a third time, he shall bring it before the select judges,
956dand if he be again worsted, he shall pay one and a half times the assessed amount. Again, if the plaintiff, when worsted in the first court, does not rest satisfied, but goes to the second court, in case he wins, he shall receive the fifth part, but in case he loses, he shall pay the same fraction of the penalty. And if, through dissatisfaction with the previous verdict, they proceed to the third court, the defendant (as we have said) shall pay, if worsted, one and a half times the penalty, and the prosecutor one-half of it.
956eAs regards the allotting of courts, the filling of vacancies, the appointing of sergeants for the several boards of magistrates, the times prescribed for performing each of these duties, the recording of votes, adjournments, and all other necessary judicial arrangements,—such as the fixing by lot of the order of trials, rules about counter-pleadings and counter-attendances, and all matters cognate thereto,— all these we have dealt with previously, note
957abut nevertheless it is a proper thing to reiterate twice,—yea, thrice,—the truth. note The old lawgiver, however, may pass over all such legal observances as are trivial and easy of discovery, and the young lawgiver shall fill up his omissions. In dealing with the private law courts this method would be reasonable, but in connection with the public courts of the State, and all those which the officials have to use in managing the affairs which belong to their several offices, there exist in many States quite a number of admirable ordinances of worthy men; note and from these the Law-wardens must construct a code which is suitable to the polity we are now framing,
957bpartly by comparing and amending them, partly by submitting them to the test of experience, until each such ordinance be deemed satisfactory; and when they have been finally approved, and have been sealed as absolutely unchangeable, then the magistrates shall put them into practice all their life long. All rules regarding silence and discreet speech, and the opposite of these, on the part of the judges, and all else that differs from the rules which obtain in the other States concerning justice and goodness,—all these have been stated in part, note and in part they will be stated at the end.
957cTo all these matters he that purposes to be a righteous and just judge must attend, and that written exposition of them which he possesses he must learn. For of all studies, that of legal regulations, provided they be rightly framed, will prove the most efficacious in making the learner a better man; for were it not so, it would be in vain that our divine and admirable law bears a name akin to reason. note Moreover, of all other speeches—
957dwhether they be of personal praise or blame, composed in verse or prose, written down or uttered from day to day at some gathering by way of controversy or by way of consent (often of a very futile character),—of all such speeches the writings of the lawgiver note will serve as a test; and inasmuch as he possesses these within himself, as a talisman against other speeches, the good judge will guide both himself and the State aright; for the good he will secure both the permanence and
957ethe increase of what is just, and for the bad a change as great as possible from their ignorance, intemperance and cowardice, and, in short, from their general iniquity,—that is to say, for all the bad whose opinions are curable; but for those whose opinions are really fixed by Fate, note—if they assigned death as a cure
958afor souls in this condition (a statement that deserves to be often repeated), such judges and leaders of judges would merit praise from the whole State. When all the lawsuits for the year have been finally adjudged, we must have laws for the execution of the verdicts to this effect:—First, the magistrate who is acting as judge shall assign to the victorious party all the goods of the party convicted,
| Plato, Laws (English) (XML Header) [genre: prose] [word count] [lemma count] [Pl. Leg.]. | ||
| <<Pl. Leg. 955a | Pl. Leg. 957a (Greek) | >>Pl. Leg. 959a |
