Jowett: voluntarily

[407b] "Whither haste ye, O men ? Yea, verily ye know not that ye are doing none of the things ye ought, seeing that ye spend your whole energy on wealth and the acquiring of it ; while as to your sons to whom ye will bequeath it, ye neglect to ensure that they shall understand how to use it justly, and ye find for them no teachers of justice, if so be that it is teachable — or if it be a matter of training and practice, instructors who can efficiently practice and train them — nor have ye even begun by reforming yourselves in this respect. Yet when ye perceive that ye yourselves and your children, though adequately instructed in letters and music and gymnastic — [407c] which ye, forsooth, regard as a complete education in virtue — are in consequence none the less vicious in respect of wealth, how is it that ye do not contemn this present mode of education nor search for teachers who will put an end to this your lack of culture ? Yet truly it is because of this dissonance and sloth, and not because of failure to keep in step with the lyre that brother with brother and city with city clash together without measure or harmony [407d] and are at strife, and in their warring perpetrate and suffer the uttermost horrors. But ye assert that the unjust are unjust not because of their lack of education and lack of knowledge but voluntarily, while on the other hand ye have the face to affirm that injustice is a foul thing, and hateful to Heaven. Then how, pray, could any man voluntarily choose an evil of such a kind ? Any man, you reply, who is mastered by his pleasures. But is not this condition also involuntary, if the act of mastering be voluntary ? Thus in every way the argument proves that unjust action is involuntary, and that every man privately [407e] and all the cities publicly ought to pay more attention than they do now to this matter." CLEITOPHON  

Hippias : That is because you do not look at it aright, Socrates  . For the falsehoods that Achilles utters, he utters evidently not by design, but against his will, since he is forced by the misfortune of the army to remain and give assistance ; but Odysseus utters his falsehoods voluntarily and by design. LESSER HIPPIAS

Socrates : How is that ? Were not those who utter falsehoods voluntarily found to be better than those who do so involuntarily ? LESSER HIPPIAS

Hippias : And how, Socrates, could those who voluntarily do wrong [372a] and voluntarily and designedly do harm be better than those who do so involuntarily ? And there seems to be good reason to forgive a man who unwittingly does wrong or speaks falsehood or does any other evil. And the laws surely are much more severe towards those who do evil and tell falsehoods voluntarily, than towards those who do so involuntarily. LESSER HIPPIAS

Socrates : Do you see, Hippias, that I speak the truth [372b] when I say that I am persistent in questioning wise men ? And this is probably the only good thing about me, as I am otherwise quite worthless ; for I am all wrong about facts, and do not know the truth about them. And it is to me sufficient proof of the truth of this, that when I come into contact with one of you who are famous for wisdom, and to whose wisdom all the Greeks bear witness, I am found to know nothing ; [372c] for there is hardly a single thing about which you and I have the same opinion ; and yet what greater proof of ignorance is there than when one disagrees with a wise man ? But I have this one remarkable good quality, which is my salvation ; for I am not afraid to learn, but I inquire and ask questions and am very grateful to him who answers, and I never failed in gratitude to anyone ; for when I have learned anything I have never denied it, pretending that the information was a discovery of my own ; but I praise the wisdom of him who instructed me and proclaim what I learned from him. And so now I do not agree with what you say, [372d] but disagree very strongly ; and I know very well that this is my own fault, because I am the sort of man I am — not to give myself any greater title. For my opinion, Hippias, is the exact opposite of what you say ; I think that those who injure people and do wrong and speak falsehood and cheat and err voluntarily, not involuntarily, are better than those who do so involuntarily. Sometimes, however, the opposite of this seems to me to be the case, and I am all astray about these matters, [372e] evidently because I am ignorant ; but now at the present moment a sort of paroxysm of my disease has come upon me, and those who err in respect to anything voluntarily appear to me better than those who err involuntarily. And I lay the blame for my present condition upon our previous argument, which causes those who do any of these things involuntarily to appear to me at this moment worse than those who do them voluntarily. So please do me a favour and do not refuse to cure my soul ; for you will be doing me much more good if you cure my soul of ignorance, than if you were to cure my body of disease. [373a] Now if you choose to deliver a long speech, I tell you beforehand that you would not cure me — for I could not follow you — but if you are willing to answer me, as you did just now, you will do me a great deal of good, and I think you yourself will not be injured, either. And I might fairly call upon you also, son of Apemantus, for help ; for you stirred me up to converse with Hippias ; so now, if Hippias is unwilling to answer me, ask him in my behalf to do so. LESSER HIPPIAS

Socrates : Most excellent Hippias, I do not do these voluntarily at all — for then I should be wise and clever, according to you — but involuntarily, so forgive me ; for you say, too, that he who does evil involuntarily ought to be forgiven. LESSER HIPPIAS

Socrates : I certainly have a great desire, Hippias, to investigate what we are just at present talking about, namely which are better, those who err voluntarily or those who err involuntarily. Now I think the best way to go at the investigation is this. Just answer. Do you call some one a good runner ? LESSER HIPPIAS

Socrates : Which, then, is the better runner, he who runs slowly voluntarily or he who does so involuntarily ? LESSER HIPPIAS

Hippias : He who does it voluntarily. LESSER HIPPIAS

Socrates : Then the good runner performs this bad and disgraceful act voluntarily, and the bad runner involuntarily ? LESSER HIPPIAS

Socrates : In running, then, he who does bad acts involuntarily is worse than he who does them voluntarily ? LESSER HIPPIAS

[374a] Socrates : And how is it in wrestling ? Which is the better wrestler, he who is thrown voluntarily, or involuntarily ? LESSER HIPPIAS

Hippias : He who is thrown voluntarily, as it seems. LESSER HIPPIAS

Socrates : In wrestling also, then, he who performs bad and disgraceful acts voluntarily is a better wrestler than he who performs them involuntarily. LESSER HIPPIAS

Socrates : And how is it in every other bodily exercise ? Is not he who is the better man in respect to his body able to perform both kinds of acts, the strong and the weak, the disgraceful and the fine, [374b] so that whenever he performs bad acts of a bodily kind, he who is the better man in respect to his body does them voluntarily, but he who is worse does them involuntarily ? LESSER HIPPIAS

Socrates : And how about grace, Hippias ? Does not the better body take ugly and bad postures voluntarily, and the worse body involuntarily ? Or what is your opinion ? LESSER HIPPIAS

Socrates : And what do you say about the voice ? Which do you say is the better ? That which sings out of tune voluntarily, or involuntarily ? LESSER HIPPIAS

Hippias : That which does it voluntarily. LESSER HIPPIAS

Socrates : Would you, then, choose to possess feet that limp voluntarily, or involuntarily ? LESSER HIPPIAS

Socrates : Which eyes, then, would you choose to possess and live with ? Those with which one would see dimly and incorrectly voluntarily, or involuntarily ? LESSER HIPPIAS

Hippias : Those with which one would do so voluntarily. LESSER HIPPIAS

Socrates : Those parts, then, of yourself which voluntarily act badly you consider better than those which do so involuntarily ? LESSER HIPPIAS

Socrates : Well, then, one statement embraces all alike, such as ears and nose and mouth and all the senses [374e] — that those which act badly involuntarily are undesirable because they are bad, and those which do so voluntarily are desirable because they are good. LESSER HIPPIAS

Socrates : Well now, which instruments are better to have to do with, those with which a man does bad work voluntarily, or involuntarily ? For instance, is a rudder better with which a man will involuntarily steer badly, or one with which he will do so voluntarily ? LESSER HIPPIAS

Hippias : One with which he will do so voluntarily. LESSER HIPPIAS

[375a] Socrates : Well now, would you choose to possess a horse of such spirit that you would ride him badly voluntarily, or involuntarily ? LESSER HIPPIAS

Socrates : Then with the horse of better spirit one would do voluntarily the bad acts of that spirit, but with the one of worse spirit involuntarily ? LESSER HIPPIAS

Socrates : Well now, then, in the case of an archer is it better to possess the mind which voluntarily misses the mark, [375b] or that which does so involuntarily ? LESSER HIPPIAS

Hippias : That which does so voluntarily. LESSER HIPPIAS

Socrates : Is, then, the mind also which errs involuntarily worse than that which errs voluntarily ? LESSER HIPPIAS

Socrates : And how is it in the art of medicine ? Is not the mind which does harm to the patients’ bodies voluntarily the more scientific ? LESSER HIPPIAS

Socrates : Well now, the more musical, whether with lyre or with flute, [375c] and in everything else that concerns all the other arts and sciences — is not that mind better which voluntarily does bad and disgraceful things and commits errors, whereas that which does so involuntarily is worse ? LESSER HIPPIAS

Socrates : And surely we should prefer to possess slaves of such minds that they voluntarily commit errors and do mischief, rather than such as do so involuntarily ; we should think them better fitted for their duties. LESSER HIPPIAS

[375d] Socrates : Will it, then, be better if it does evil and errs voluntarily, or involuntarily ? LESSER HIPPIAS

Hippias : But it would be a terrible thing, Socrates, if those who do wrong voluntarily are to be better than those who do so involuntarily. LESSER HIPPIAS

Socrates : Whenever, then, it does disgraceful acts, it does them voluntarily, by reason of power and art ; and these, either one or both of them, are attributes of justice. LESSER HIPPIAS

Socrates : Will not, then, the more powerful and better soul, when it does injustice, do it voluntarily, and the bad soul involuntarily ? LESSER HIPPIAS

Socrates : It is, then, in the nature of the good man to do injustice voluntarily, and of the bad man to do it involuntarily, that is, if the good man has a good soul. LESSER HIPPIAS

Socrates : Then he who voluntarily errs and does disgraceful and unjust acts, Hippias, if there be such a man, would be no other than the good man. LESSER HIPPIAS

But him who does no evil, voluntarily I praise and love ; — not even the gods war against necessity. All this has a similar drift, for Simonides was not so ignorant as to say that he praised those who did no evil voluntarily, as though there were some who did evil voluntarily. For no wise man, as I believe, will allow that any human being errs voluntarily, or voluntarily does evil and dishonourable actions ; but they are very well aware that all who do evil and dishonourable things do them against their will. And Simonides never says that he praises him who does no evil voluntarily ; the word "voluntarily" applies to himself. For he was under the impression that a good man might often compel himself to love and praise another, and to be the friend and approver of another ; and that there might be an involuntary love, such as a man might feel to an unnatural father or mother, or country, or the like. Now bad men, when their parents or country have any defects, look on them with malignant joy, and find fault with them and expose and denounce them to others, under the idea that the rest of mankind will be less likely to take themselves to task and accuse them of neglect ; and they blame their defects far more than they deserve, in order that the odium which is necessarily incurred by them may be increased : but the good man dissembles his feelings, and constrains himself to praise them ; and if they have wronged him and he is angry, he pacifies his anger and is reconciled, and compels himself to love and praise his own flesh and blood. And Simonides, as is probable, considered that he himself had often had to praise and magnify a tyrant or the like, much against his will, and he also wishes to imply to Pittacus that he does not censure him because he is censorious. PROTAGORAS

Who love and approve every one voluntarily, who does no evil : and that the stop should be put after "voluntarily") ; "but there are some whom I involuntarily praise and love. And you, Pittacus, I would never have blamed, if you had spoken what was moderately good and true ; but I do blame you because, putting on the appearance of truth, you are speaking falsely about the highest matters. And this, I said, Prodicus and Protagoras, I take to be the meaning of Simonides in this poem. PROTAGORAS

Then, I said, no man voluntarily pursues evil, or that which he thinks to be evil. To prefer evil to good is not in human nature ; and when a man is compelled to choose one of two evils, no one will choose the greater when he may have the less. PROTAGORAS

Never mind, Prodicus, I said ; but let me ask whether, if our former assertions are true, a man will pursue that which he fears when he is not compelled ? Would not this be in flat contradiction to the admission which has been already made, that he thinks the things which he fears to be evil ; and no one will pursue or voluntarily accept that which he thinks to be evil ? PROTAGORAS

Soc. And what do you say of doing injustice ? Is the will only sufficient, and will that prevent him from doing injustice, or must he have provided himself with power and art ; and if he has not studied and practised, will he be unjust still ? Surely you might say, Callicles, whether you think that Polus and I were right in admitting the conclusion that no one does wrong voluntarily, but that all do wrong against their will ? GORGIAS

And are we to suppose that the soul, which is invisible, in passing to the true Hades, which like her is invisible, and pure, and noble, and on her way to the good and wise God, whither, if God will, my soul is also soon to go — that the soul, I repeat, if this be her nature and origin, is blown away and perishes immediately on quitting the body as the many say ? That can never be, dear Simmias and Cebes. The truth rather is that the soul which is pure at departing draws after her no bodily taint, having never voluntarily had connection with the body, which she is ever avoiding, herself gathered into herself (for such abstraction has been the study of her life). And what does this mean but that she has been a true disciple of philosophy and has practised how to die easily ? And is not philosophy the practice of death ? PHAEDO  

Str. But surely we know that no soul is voluntarily ignorant of anything ? SOPHIST

Such is the manner in which diseases of the body arise ; the disorders of the soul, which depend upon the body, originate as follows. We must acknowledge disease of the mind to be a want of intelligence ; and of this there are two kinds ; to wit, madness and ignorance. In whatever state a man experiences either of them, that state may be called disease ; and excessive pains and pleasures are justly to be regarded as the greatest diseases to which the soul is liable. For a man who is in great joy or in great pain, in his unseasonable eagerness to attain the one and to avoid the other, is not able to see or to hear anything rightly ; but he is mad, and is at the time utterly incapable of any participation in reason. He who has the seed about the spinal marrow too plentiful and overflowing, like a tree overladen with fruit, has many throes, and also obtains many pleasures in his desires and their offspring, and is for the most part of his life deranged, because his pleasures and pains are so very great ; his soul is rendered foolish and disordered by his body ; yet he is regarded not as one diseased, but as one who is voluntarily bad, which is a mistake. The truth is that the intemperance of love is a disease of the soul due chiefly to the moisture and fluidity which is produced in one of the elements by the loose consistency of the bones. And in general, all that which is termed the incontinence of pleasure and is deemed a reproach under the idea that the wicked voluntarily do wrong is not justly a matter for reproach. For no man is voluntarily bad ; but the bad become bad by reason of an ill disposition of the body and bad education, things which are hateful to every man and happen to him against his will. And in the case of pain too in like manner the soul suffers much evil from the body. For where the acid and briny phlegm and other bitter and bilious humours wander about in the body, and find no exit or escape, but are pent up within and mingle their own vapours with the motions of the soul, and are blended, with them, they produce all sorts of diseases, more or fewer, and in every degree of intensity ; and being carried to the three places of the soul, whichever they may severally assail, they create infinite varieties of ill-temper and melancholy, of rashness and cowardice, and also of forgetfulness and stupidity. Further, when to this evil constitution of body evil forms of government are added and evil discourses are uttered in private as well as in public, and no sort of instruction is given in youth to cure these evils, then all of us who are bad become bad from two causes which are entirely beyond our control. In such cases the planters are to blame rather than the plants, the educators rather than the educated. But however that may be, we should endeavour as far as we can by education, and studies, and learning, to avoid vice and attain virtue ; this, however, is part of another subject. TIMAEUS  

Ath. Now, which would be the better judge — one who destroyed the bad and appointed the good to govern themselves ; or one who, while allowing the good to govern, let the bad live, and made them voluntarily submit ? Or third, I suppose, in the scale of excellence might be placed a judge, who, finding the family distracted, not only did not destroy any one, but reconciled them to one another for ever after, and gave them laws which they mutually observed, and was able to keep them friends. LAWS BOOK I

Ath. And even supposing this were otherwise, and not as the argument has proven, still the lawgiver, who is worth anything, if he ever ventures to tell a lie to the young for their good, could not invent a more useful lie than this, or one which will have a better effect in making them do what is right, not on compulsion but voluntarily. LAWS BOOK II

Ath. Then let me first give the law of marriage in a simple form ; it may run as follows : — A man shall marry between the ages of thirty and thirty-five, or, if he does not, he shall pay such and such a fine, or shall suffer the loss of such and such privileges. This would be the simple law about marriage. The double law would run thus : — A man shall marry between the ages of thirty and thirty-five, considering that in a manner the human race naturally partakes of immortality, which every man is by nature inclined to desire to the utmost ; for the desire of every man that he may become famous, and not lie in the grave without a name, is only the love of continuance. Now mankind are coeval with all time, and are ever following, and will ever follow, the course of time ; and so they are immortal, because they leave children’s children behind them, and partake of immortality in the unity of generation. And for a man voluntarily to deprive himself of this gift, as he deliberately does who will not have a wife or children, is impiety. He who obeys the law shall be free, and shall pay no fine ; but he who is disobedient, and does not marry, when he has arrived at the age of thirty-five, shall pay a yearly fine of a certain amount, in order that he may not imagine his celibacy to bring ease and profit to him ; and he shall not share in the honours which the young men in the state give to the aged. Comparing now the two forms of the law, you will be able to arrive at a judgment about any other laws — whether they should be double in length even when shortest, because they have to persuade as well as threaten, or whether they shall only threaten and be of half the length. LAWS BOOK IV

Now, what lives are they, and how many in which, having searched out and beheld the objects of will and desire and their opposites, and making of them a law, choosing, I say, the dear and the pleasant and the best and noblest, a man may live in the happiest way possible ? Let us say that the temperate life is one kind of life, and the rational another, and the courageous another, and the healthful another ; and to these four let us oppose four other lives — the foolish, the cowardly, the intemperate, the diseased. He who knows the temperate life will describe it as in all things gentle, having gentle pains and gentle pleasures, and placid desires and loves not insane ; whereas the intemperate life is impetuous in all things, and has violent pains and pleasures, and vehement and stinging desires, and loves utterly insane ; and in the temperate life the pleasures exceed the pains, but in the intemperate life the pains exceed the pleasures in greatness and number and frequency. Hence one of the two lives is naturally and necessarily more pleasant and the other more painful, and he who would live pleasantly cannot possibly choose to live intemperately. And if this is true, the inference clearly is that no man is voluntarily intemperate ; but that the whole multitude of men lack temperance in their lives, either from ignorance, or from want of self-control, or both. And the same holds of the diseased and healthy life ; they both have pleasures and pains, but in health the pleasure exceeds the pain, and in sickness the pain exceeds the pleasure. Now our intention in choosing the lives is not that the painful should exceed, but the life in which pain is exceeded by pleasure we have determined to be the more pleasant life. And we should say that the temperate life has the elements both of pleasure and pain fewer and smaller and less frequent than the intemperate, and the wise life than the foolish life, and the life of courage than the life of cowardice ; one of each pair exceeding in pleasure and the other in pain, the courageous surpassing the cowardly, and the wise exceeding the foolish. And so the one dass of lives exceeds the other class in pleasure ; the temperate and courageous and wise and healthy exceed the cowardly and foolish and intemperate and diseased lives ; and generally speaking, that which has any virtue, whether of body or soul, is pleasanter than the vicious life, and far superior in beauty and rectitude and excellence and reputation, and causes him who lives accordingly to be infinitely happier than the opposite. LAWS BOOK V

Let this then be our exhortation concerning marriage, and let us remember what was said before — that a man should cling to immortality, and leave behind him children’s children to be the servants of God in his place for ever. All this and much more may be truly said by way of prelude about the duty of marriage. But if a man will not listen and remains unsocial and alien among his fellow-citizens, and is still unmarried at thirty-five years of age, let him pay a yearly fine ; — he who of the highest class shall pay a fine of a hundred drachmae, and he who is of the second dass a fine of seventy drachmae ; the third class shall pay sixty drachmae, and the fourth thirty drachmae, and let the money be sacred to Here ; he who does not pay the fine annually shall owe ten times the sum, which the treasurer of the goddess shall exact ; and if he fails in doing so, let him be answerable and give an account of the. money at his audit. He who refuses to marry shall be thus punished in money, and also be deprived of all honour which the younger show to the elder ; let no young man voluntarily obey him, and if he attempt to punish any one, let every one come to the rescue and defend the injured person, and he who is present and does not come to the rescue, shall be pronounced by the law to be a coward and a bad citizen. Of the marriage portion I have already spoken ; and again I say for the instruction of poor men that he who neither gives nor receives a dowry on account of poverty, has a compensation ; for the citizens of our state are provided with the necessaries of life, and wives will be less likely to be insolent, and husbands to be mean and subservient to them on account of property. And he who obeys this law will do a noble action ; but he who will not obey, and gives or receives more than fifty drachmae as the price of the marriage garments if he be of the lowest, or more than a mina, or a mina and-a-half, if he be of the third or second classes, or two minae if he be of the highest class, shall owe to the public treasury a similar sum, and that which is given or received shall be sacred to Here and Zeus ; and let the treasurers of these Gods exact the money, as was said before about the unmarried — that the treasurers of Here were to exact the money, or pay the fine themselves. LAWS BOOK VI

Ath. When any one commits any injustice, small or great, the law will admonish and compel him either never at all to do the like again, or never voluntarily, or at any rate in a far less degree ; and he must in addition pay for the hurt. Whether the end is to be attained by word or action, with pleasure or pain, by giving or taking away privileges, by means of fines or gifts, or in whatsoever way the law shall proceed to make a man hate injustice, and love or not hate the nature of the just — this is quite the noblest work of law. But if the legislator sees any one who is incurable, for him he will appoint a law and a penalty. He knows quite well that to such men themselves there is no profit in the continuance of their lives, and that they would do a double good to the rest of mankind if they would take their departure, inasmuch as they would be an example to other men not to offend, and they would relieve the city of bad citizens. In such cases, and in such cases only, the legislator ought to inflict death as the punishment of offences. LAWS BOOK IX

Having begun to speak of homicide, let us endeavour to lay down laws concerning every different kind of homicides, and, first of all, concerning violent and involuntary homicides. If any one in an athletic contest, and at the public games, involuntarily kills a friend, and he dies either at the time or afterwards of the blows which he has received ; or if the like misfortune happens to any one in war, or military exercises, or mimic contests. of which the magistrates enjoin the practice, whether with or without arms, when he has been purified according to the law brought from Delphi relating to these matters, he shall be innocent. And so in the case of physicians : if their patient dies against their will, they shall be held guiltless by the law. And if one slay another with his own hand, but unintentionally, whether he be unarmed or have some instrument or dart in his hand ; or if he kill him by administering food or drink or by the application of fire or cold, or by suffocating him, whether he do the deed by his own hand, or by the agency of others, he shall be deemed the agent, and shall suffer one of the following penalties : — If he kill the slave of another in the belief that he is his own, he shall bear the master of the dead man harmless from loss, or shall pay a penalty of twice the value of the dead man, which the judges shall assess ; but purifications must be used greater and more numerous than for those who committed homicide at the games ; — what they are to be, the interpreters whom the God appoints shall be authorized to declare. And if a man kills his own slave, when he has been purified according to laws he shall be quit of the homicide. And if a man kills a freeman unintentionally, he shall undergo the same purification as he did who killed the slave. But let him not forget also a tale of olden time, which is to this effect : — He who has suffered a violent end, when newly dead, if he has had the soul of a freeman in life, is angry with the author of his death ; and being himself full of fear and panic by reason of his violent end, when he sees his murderer walking about in his own accustomed haunts, he is stricken with terror and becomes disordered, and this disorder of his, aided by the guilty recollection of is communicated by him with overwhelming force to the murderer and his deeds. Wherefore also the murderer must go out of the way of his victim for the entire period of a year, and not himself be found in any spot which was familiar to him throughout the country. And if the dead man be a stranger, the homicide shall be kept from the country of the stranger during a like period. If any one voluntarily obeys this law, the next of kin to the deceased, seeing all that has happened, shall take pity on him, and make peace with him, and show him all gentleness. But if any one is disobedient, either ventures to go to any of the temples and sacrifice unpurified, or will not continue in exile during the appointed time, the next of kin to the deceased shall proceed against him for murder ; and if he be convicted, every part of his punishment shall be doubled. LAWS BOOK IX

If a man do not commit a murder with his own hand, but contrives the death of another, and is the author of the deed in intention and design, and he continues to dwell in the city, having his soul not pure of the guilt of murder, let him be tried in the same way, except in what relates to the sureties ; and also, if he be found guilty, his body after execution may have burial in his native land, but in all other respects his case shall be as the former ; and whether a stranger shall kill a citizen, or a citizen a stranger, or a slave a slave, there shall be no difference as touching murder by one’s own hand or by contrivance, except in the matter of sureties ; and these, as has been said, shall be required of the actual murderer only, and he who brings the accusation shall bind them over at the time. If a slave be convicted of slaying a freeman voluntarily, either by his own hand or by contrivance, let the public executioner take him in the direction of the sepulchre, to a place whence he can see the tomb of the dead man, and inflict upon him as many stripes as the person who caught him orders, and if he survive, let him put him to death. And if any one kills a slave who has done no wrong, because he is afraid that he may inform of some base and evil deeds of his own, or for any similar reason, in such a case let him pay the penalty of murder, as he would have done if he had slain a citizen. There are things about which it is terrible and unpleasant to legislate, but impossible not to legislate. If, for example, there should be murders of kinsmen, either perpetrated by the hands of kinsmen, or by their contrivance, voluntary and purely malicious, which most often happen in ill-regulated and ill-educated states, and may perhaps occur even in a country where a man would not expect to find them, we must repeat once more the tale which we narrated a little while ago, in the hope that he who hears us will be the more disposed to abstain voluntarily on these grounds from murders which are utterly abominable. For the myth, or saying, or whatever we ought to call it, has been plainly set forth by priests of old ; they have pronounced that the justice which guards and avenges the blood of kindred, follows the law of retaliation, and ordains that he who has done any murderous act should of necessity suffer that which he has done. He who has slain a father shall himself be slain at some time or other by his children — if a mother, he shall of necessity take a woman’s nature, and lose his life at the hands of his offspring in after ages ; for where the blood of a family has been polluted there is no other purification, nor can the pollution be washed out until the homicidal soul which the deed has given life for life, and has propitiated and laid to sleep the wrath of the whole family. These are the retributions of Heaven, and by such punishments men should be deterred. But if they are not deterred, and any one should be incited by some fatality to deprive his father or mother, or brethren, or children, of life voluntarily and of purpose, for him the earthly lawgiver legislates as follows : — There shall be the same proclamations about outlawry, and there shall be the same sureties which have been enacted in the former cases. But in his case, if he be convicted, the servants of the judges and the magistrates shall slay him at an appointed place without the city where three ways meet, and there expose his body naked, and each of the magistrates on behalf of the whole city shall take a stone and cast it upon the head of the dead man, and so deliver the city from pollution ; after that, they shall bear him to the borders of the land, and cast him forth unburied, according to law. And what shall he suffer who slays him who of all men, as they say, is his own best friend ? I mean the suicide, who deprives himself by violence of his appointed share of life, not because the law of the state requires him, nor yet under the compulsion of some painful and inevitable misfortune which has come upon him, nor because he has had to suffer from irremediable and intolerable shame, but who from sloth or want of manliness imposes upon himself an unjust penalty. For him, what ceremonies there are to be of purification and burial God knows, and about these the next of kin should enquire of the interpreters and of the laws thereto relating, and do according to their injunctions. They who meet their death in this way shall be buried alone, and none shall be laid by their side ; they shall be buried ingloriously in the borders of the twelve portions the land, in such places as are uncultivated and nameless, and no column or inscription shall mark the place of their interment. And if a beast of burden or other animal cause the death of any one, except in the case of anything of that kind happening to a competitor in the public contests, the kinsmen of the deceased shall prosecute the slayer for murder, and the wardens of the country, such, and so many as the kinsmen appoint, shall try the cause, and let the beast when condemned be slain by them, and let them cast it beyond the borders. And if any lifeless thing deprive a man of life, except in the case of a thunderbolt or other fatal dart sent from the Gods — whether a man is killed by lifeless objects, falling upon him, or by his falling upon them, the nearest of kin shall appoint the nearest neighbour to be a judge, and thereby acquit himself and the whole family of guilt. And he shall cast forth the guilty thing beyond the border, as has been said about the animals. LAWS BOOK IX

Thus much as to the nurture and education of the living soul of man, having which, he can, and without which, if he unfortunately be without them, he cannot live ; and also concerning the punishments : — which are to be inflicted for violent deaths, let thus much be enacted. Of the nurture and education of the body we have spoken before, and next in order we have to speak of deeds of violence, voluntary and involuntary, which men do to one another ; these we will now distinguish, as far as we are able, according to their nature and number, and determine what will be the suitable penalties of each, and so assign to them their proper place in the series of our enactments. The poorest legislator will have no difficulty in determining that wounds and mutilations arising out of wounds should follow next in order after deaths. Let wounds be divided as homicides were divided — into those which are involuntary, and which are given in passion or from fear, and those inflicted voluntarily and with premeditation. Concerning all this, we must make some such proclamation as the following : — Mankind must have laws, and conform to them, or their life would be as bad as that of the most savage beast. And the reason of this is that no man’s nature is able to know what is best for human society ; or knowing, always able and willing to do what is best. In the first place, there is a difficulty in apprehending that the true art or politics is concerned, not with private but with public good (for public good binds together states, but private only distracts them) ; and that both the public and private good as well of individuals as of states is greater when the state and not the individual is first considered. In the second place, although a person knows in the abstract that this is true, yet if he be possessed of absolute and irresponsible power, he will never remain firm in his principles or persist in regarding the public good as primary in the state, and the private good as secondary. Human nature will be always drawing him into avarice and selfishness, avoiding pain and pursuing Pleasure without any reason, and will bring these to the front, obscuring the juster and better ; and so working darkness in his soul will at last fill with evils both him and the whole city. For if a man were born so divinely gifted that he could naturally apprehend the truth, he would have no need of laws to rule over him ; for there is no law or order which is above knowledge, nor can mind, without impiety, be deemed the subject or slave of any man, but rather the lord of all. I speak of mind, true and free, and in harmony with nature. But then there is no such mind anywhere, or at least not much ; and therefore we must choose law and order, which are second best. These look at things as they exist for the most part only, and are unable to survey the whole of them. And therefore I have spoken as I have. LAWS BOOK IX

Laws are partly framed for the sake of good men, in order to instruct them how they thay live on friendly terms with one another, and partly for the sake of those who refuse to be instructed, whose spirit cannot be subdued, or softened, or hindered from plunging into evil. These are the persons who cause the word to be spoken which I am about to utter ; for them the legislator legislates of necessity, and in the hope that there may be no need of his laws. He who shall dare to lay violent hands upon his father or mother, or any still older relative, having no fear either of the wrath of the Gods above, or of the punishments that are spoken of in the world below, but transgresses in contempt of ancient and universal traditions as though he were too wise to believe in them, requires some extreme measure of prevention. Now death is not the worst that can happen to men ; far worse are the punishments which are said to pursue them in the world below. But although they are most true tales, they work on such souls no prevention ; for if they had any effect there would be no slayers of mothers, or impious hands lifted up against parents ; and therefore the punishments of this world which are inflicted during life ought not in such cases to fall short, if possible, of the terrors of the world below. Let our enactment then be as follows : — If a man dare to strike his father or his mother, or their fathers or mothers, he being at the time of sound mind, then let any one who is at hand come to the rescue as has been already said, and the metic or stranger who comes to the rescue shall be called to the first place in the games ; but if he do not come he shall suffer the punishment of perpetual exile. He who is not a metic, if he comes to the rescue, shall have praise, and if he do not come, blame. And if a slave come to the rescue, let him be made free, but if he do not come the rescue, let him receive 100 strokes of the whip, by order of the wardens of the agora, if the occurrence take place in the agora ; or if somewhere in the city beyond the limits of the agora, any warden of the city is in residence shall punish him ; or if in the country, then the commanders of the wardens of the country. If those who are near at the time be inhabitants of the same place, whether they be youths, or men, or women, let them come to the rescue and denounce him as the impious one ; and he who does not come to the rescue shall fall under the curse of Zeus, the God of kindred and of ancestors, according to law. And if any one is found guilty of assaulting a parent, let him in the first place be for ever banished from the city into the country, and let him abstain from the temples ; and if he do not abstain, the wardens of the country shall punish him with blows, or in any way which they please, and if he return he shall be put to death. And if any freeman eat or drink, or have any other sort of intercourse with him, or only meeting him have voluntarily touched him, he shall not enter into any temple, nor into the agora, nor into the city, until he is purified ; for he should consider that he has become tainted by a curse. And if he disobeys the law, and pollutes the city and the temples contrary to law, and one of the magistrates sees him and does not indict him, when he gives in his account this omission shall be a most serious charge. LAWS BOOK IX

After this preface let our law run as follows, and may fortune favour us : — No landowner among the Magnetes, whose city the God is restoring and resettling — no one, that is, of the 5040 families, shall become a retail trader either voluntarily or involuntarily ; neither shall he be a merchant, or do any service for private persons unless they equally serve him, except for his father or his mother, and their fathers and mothers ; and in general for his elders who are freemen, and whom he serves as a freeman. Now it is difficult to determine accurately the things which are worthy or unworthy of a freeman, but let those who have obtained the prize of virtue give judgment about them in accordance with their feelings of right and wrong. He who in any way shares in the illiberality of retail trades may be indicted for dishonouring his race by any one who likes, before those who have been judged to be the first in virtue ; and if he appear to throw dirt upon his father’s house by an unworthy occupation, let him be imprisoned for a year and abstain from that sort of thing ; and if he repeat the offence, for two years ; and every time that he is convicted let the length of his imprisonment be doubled. This shall be the second law : — He who engages in retail trade must be either a metic or a stranger. And a third law shall be : — In order that the retail trader who dwells in our city may be as good or as little bad as possible, the guardians of the law shall remember that they are not only guardians of those who may be easily watched and prevented from becoming lawless or bad, because they are wellborn and bred ; but still more should they have a watch over those who are of another sort, and follow pursuits which have a very strong tendency to make men bad. And, therefore, in respect of the multifarious occupations of retail trade, that is to say, in respect of such of them as are allowed to remain, because they seem to be quite necessary in a state — about these the guardians of the law should meet and take counsel with those who have experience of the several kinds of retail trade, as we before commanded, concerning adulteration (which is a matter akin to this), and when they meet they shall consider what amount of receipts, after deducting expenses, will produce a moderate gain to the retail trades, and they shall fix in writing and strictly maintain what they find to be the right percentage of profit ; this shall be seen to by the wardens of the agora, and by the wardens of the city, and by the wardens of the country. And so retail trade will benefit every one, and do the least possible injury to those in the state who practise it. LAWS BOOK XI

When a man makes an agreement which he does not fulfil, unless the agreement be of a nature which the law or a vote of the assembly does not allow, or which he has made under the influence of some unjust compulsion, or which he is prevented from fulfilling against his will by some unexpected chance, the other party may go to law with him in the courts of the tribes, for not having completed his agreement, if the parties are not able previously to come to terms before arbiters or before their neighbours. The class of craftsmen who have furnished human life with the arts is dedicated to Hephaestus and Athene ; and there is a class of craftsmen who preserve the works of all craftsmen by arts of defence, the votaries of Ares and Athene, to which divinities they too are rightly dedicated. All these continue through life serving the country and the people ; some of them are leaders in battle ; others make for hire implements and works, and they ought not to deceive in such matters, out of respect to the Gods who are their ancestors. If any craftsman through indolence omit to execute his work in a given time, not reverencing the God who gives him the means of life, but considering, foolish fellow, that he is his own God and will let him off easily, in the first place, he shall suffer at the hands of the God, and in the second place, the law shall follow in a similar spirit. He shall owe to him who contracted with him the price of the works which he has failed in performing, and he shall begin again and execute them gratis in the given time. When a man undertakes a work, the law gives him the same advice which was given to the seller, that he should not attempt to raise the price, but simply ask the value ; this the law enjoins also on the contractor ; for the craftsman assuredly knows the value of his work. Wherefore, in free states the man of art ought not to attempt to impose upon private individuals by the help of his art, which is by nature a true thing ; and he who is wronged in a matter of this sort, shall have a right of action against the party who has wronged him. And if any one lets out work to a craftsman, and does not pay him duly according to the lawful agreement, disregarding Zeus the guardian of the city and Athene, who are the partners of the state, and overthrows the foundations of society for the sake of a little gain, in his case let the law and the Gods maintain the common bonds of the state. And let him who, having already received the work in exchange, does not pay the price in the time agreed, pay double the price ; and if a year has elapsed, although interest is not to be taken on loans, yet for every drachma which he owes to the contractor let him pay a monthly interest of an obol. Suits about these matters are to be decided by the courts of the tribes ; and by the way, since we have mentioned craftsmen at all, we must not forget the other craft of war, in which generals and tacticians are the craftsmen, who undertake voluntarily the work of our safety, as other craftsmen undertake other public works ; — if they execute their work well the law will never tire of praising him who gives them those honours which are the just rewards of the soldier ; but if any one, having already received the benefit of any noble service in war, does not make the due return of honour, the law will blame him. Let this then be the law, having an ingredient of praise, not compelling but advising the great body of the citizens to honour the brave men who are the saviours of the whole state, whether by their courage or by their military skill ; — they should honour them, I say, in the second place ; for the first and highest tribute of respect is to be given to those who are able above other men to honour the words of good legislators. LAWS BOOK XI

Now every man who is engaged in any suit ought to be very careful of bringing false witness against any one, either intentionally or unintentionally, if he can help ; for justice is truly said to be an honourable maiden, and falsehood is naturally repugnant to honour and justice. A witness ought to be very careful not to sift against justice, as for example in what relates to the throwing away of arms — he must distinguish the throwing them away when necessary, and not make that a reproach, or bring in action against some innocent person on that account. To make the distinction maybe difficult ; but still the law must attempt to define the different kinds in some way. Let me endeavour to explain my meaning by an ancient tale : — If Patroclus had been brought to the tent still alive but without his arms (and this has happened to innumerable persons), the original arms, which the poet says were presented to Peleus by the Gods as a nuptial gift when he married. Thetis, remaining in the hands of Hector, then the base spirits of that day might have reproached the son of Menoetius with having cast away his arms. Again, there is the case of those who have been thrown down precipices and lost their arms ; and of those who at sea, and in stormy places, have been suddenly overwhelmed by floods of water ; and there are numberless things of this kind which one might adduce by way of extenuation, and with the view of justifying a misfortune which is easily misrepresented. We must, therefore, endeavour to divide to the best of our power the greater and more serious evil from the lesser. And a distinction may be drawn in the use of terms of reproach. A man does not always deserve to be called the thrower away of his shield ; he may be only the loser of his arms. For there is a great or rather absolute difference between him who is deprived of his arms by a sufficient force, and him who voluntarily lets his shield go. Let the law then be as follows : — If a person having arms is overtaken by the enemy and does not turn round and defend himself, but lets them go voluntarily or throws them away, choosing a base life and a swift escape rather than a courageous and noble and blessed death — in such a case of the throwing away of arms let justice be done, but the judge need take no note of the case just now mentioned ; for the bad man ought always to be punished, in the hope that he may be improved, but not the unfortunate, for there is no advantage in that. And what shall be the punishment suited to him who has thrown away his weapons of defence ? Tradition says that Caeneus, the Thessalian, was changed by a God from a woman into a man ; but the converse miracle cannot now be wrought, or no punishment would be more proper than that the man who throws away his shield should be changed into a woman. This however is impossible, and therefore let us make a law as nearly like this as we can — that he who loves his life too well shall be in no danger for the remainder of his days, but shall live for ever under the stigma of cowardice. And let the law be in the following terms : — When a man is found guilty of disgracefully throwing away his arms in war, no general or military officer shall allow him to serve as a soldier, or give him any place at all in the ranks of soldiers ; and the officer who gives the coward any place, shall suffer a penalty which the public examiner shall exact of him ; and if he be of the highest dass, he shall pay a thousand drachmae ; or if he be of the second class, five minae ; or if he be of the third, three minae ; or if he be of the fourth class, one mina. And he who is found guilty of cowardice, shall not only be dismissed from manly dangers, which is a disgrace appropriate to his nature, but he shall pay a thousand drachmae, if he be of the highest class, and five minae if he be of the second class, and three if he be of the third class, and a mina, like the preceding, if he be of the fourth class. LAWS BOOK XII

And the State which is enslaved under a tyrant is utterly incapable of acting voluntarily ? THE REPUBLIC   BOOK IX