Demosthenes, Speeches (English) (XML Header) [genre: prose; rhetoric] [word count] [lemma count] [Dem.].
<<Dem. 20.85 Dem. 20.96 (Greek) >>Dem. 20.106

20.92yet in spite of this the business never comes to an end. Our laws are no better than so many decrees; nay, you will find that the laws which have to be observed in drafting the decrees are later note than the decrees themselves. Not to be content, then, with a bare assertion, but to show you the actual law to which I refer, please take and read the law constituting the original legislative commission. Law

20.93You understand, Athenians, the beauty of Solon's directions for legislating. The first stage is in your courts, before men under oath, where all other ratifications are made; the next is the repeal of the contradictory laws, so that there may be only one law dealing with each subject, and that the plain citizen may not be puzzled by such contradictions and be at a disadvantage compared with those who are acquainted with the whole body of law, but that all may have the same ordinances before them, simple and clear to read and understand. 20.94Moreover, before these proceedings, Solon ordered that the laws should be exposed before the statues of the eponymous heroes note and handed in to the town-clerk to recite them at the meetings of the Assembly, so that each of you may hear them more than once and digest them at leisure, and if they are just and expedient, may add them to the statute-book. Now, numerous as those enactments are, Leptines yonder has observed not one of them, for, if he had, I do not think that you would ever have consented to pass his law. We on the other hand, Athenians, have observed them all, and we are submitting a much better and more equitable law than his. You will realize that when you hear it. 20.95Take and read first of all the clauses of his law which we have indicted, and next the clauses we propose to substitute for them. Read.Law
note

These are the parts of the law of Leptines which we arraign as unsatisfactory. Next in order read our proposed amendments. Pray attend, gentlemen of the jury, to these as they are recited. Read.Law

20.96Stop there. The laws now in force contain this provision—a capital one, men of Athens, and unambiguous—that "all rewards granted by the people shall be valid." Equitable too, by all the powers! So Leptines should not have proposed his own law until he had indicted and repealed this. As it is, neglecting proof of his own violation of the law, he nevertheless proceeded to legislate, in face of the fact that another law proclaims his law indictable for this very offence, namely, for contradicting previous legislation. Here is the very law in question.Law

20.97Men of Athens, is not the provision that "all rewards granted by the people shall be valid" contradicted by the clause that "no one shall be immune," no one, that is, of those to whom the people has granted immunity? That is plain enough, at any rate. But it is not so in the alternative law which my friend note here proposes, and which confirms what you have granted, and provides a fair ground of action against those who have imposed upon you, or have subsequently injured you, or are generally undeserving; so that you will thus prevent anyone you please from retaining his grant. Read the law.Law

20.98You hear the law, Athenians, and you understand that it enables the deserving to retain their rewards, and those who are judged otherwise to be deprived of any privilege they have unjustly secured; for the future everything is left in your hands, as is right, to grant or to withhold. Now I do not think that Leptines will deny that this law is sound and just, or, if he does, that he will be able to prove it. But perhaps he will try to lead you astray by repeating what he said before the junior archons. note For he alleged that the publication of this amended law was a mere trick, and that should his own law be repealed, this one would never be passed. 20.99Now, to avoid dispute, I will not press the point that the old law of Solon, in accordance with which the junior archons have notified these amendments to you, clearly enjoins that if the law of Leptines is repealed by your vote, the alternative law shall be valid. note I will pass to another point. Leptines, in saying this, obviously admits that our law is better and fairer than his own, but bases his argument on the way in which it is to be passed. 20.100Now, in the first place, there are many ways open to him, if he wishes, of compelling the amender to introduce his own law. In the next place, Phormio and myself and anyone else he likes to name are prepared to guarantee that we will introduce it. You know there is a law making death the penalty for anyone who breaks his promise to the Assembly or one of the Councils or law-courts. You have our guarantee, our promise. Let the archons record it, and let the matter rest in their hands. 20.101Neither do anything that is unworthy of this court, nor, if a worthless person is found among those who enjoy the grant, let him keep it; only let each case be judged on its merits. But if Leptines shall say that that is all talk and humbug, this at any rate is not mere talk; let him bring in the amended law himself and cease to say that we will not do so. It is surely a greater honor to propose the law, stamped with your approval, note than this of his own devising.



Demosthenes, Speeches (English) (XML Header) [genre: prose; rhetoric] [word count] [lemma count] [Dem.].
<<Dem. 20.85 Dem. 20.96 (Greek) >>Dem. 20.106

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