Jowett: involuntary

[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  

Socrates   : Then ungracefulness when voluntary is associated with excellence of the body, [374c] but when involuntary with faultiness. 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

La. I should not like to maintain, Nicias, that any kind of knowledge is not to be learned ; for all knowledge appears to be a good : and if, as Nicias and as the teachers of the art affirm, this use of arms is really a species of knowledge, then it ought to be learned ; but if not, and if those who profess to teach it are deceivers only ; or if it be knowledge, but not of a valuable sort, then what is the use of learning it ? I say this, because I think that if it had been really valuable, the Lacedaemonians, whose whole life is passed in finding out and practising the arts which give them an advantage over other nations in war, would have discovered this one. And even if they had not, still these professors of the art would certainly not have failed to discover that of all the Hellenes the Lacedaemonians have the greatest interest in such matters, and that a master of the art who was honoured among them would be sure to make his fortune among other nations, just as a tragic poet would who is honoured among ourselves ; which is the reason why he who fancies that he can write a tragedy does not go about itinerating in the neighbouring states, but rushes straight, and exhibits at Athens ; and this is natural. Whereas I perceive that these fighters in armour regard Lacedaemon as a sacred inviolable territory, which they do not touch with the point of their foot ; but they make a circuit of the neighbouring states, and would rather exhibit to any others than to the Spartans ; and particularly to those who would themselves acknowledge that they are by no means first-rate in the arts of war. Further, Lysimachus, I have encountered a good many of these gentlemen in actual service, and have taken their measure, which I can give you at once ; for none of these masters of fence have ever been distinguished in war, — there has been a sort of fatality about them ; while in all other arts the men of note have been always those who have practised the art, they appear to be a most unfortunate exception. For example, this very Stesilaus, whom you and I have just witnessed exhibiting in all that crowd and making such great professions of his powers, I have seen at another time making, in sober truth, an involuntary exhibition of himself, which was a far better spectacle. He was a marine on board a ship which struck a transport vessel, and was armed with a weapon, half spear half scythe ; the singularity of this weapon was worthy of the singularity of the man. To make a long story short, I will only tell you what happened to this notable invention of the scythe-spear. He was fighting, and the scythe was caught in the rigging of the other ship, and stuck fast ; and he tugged, but was unable to get his weapon free. The two ships were passing one another. He first ran along his own ship holding on to the spear ; but as the other ship passed by and drew him after as he was holding on, he let the spear slip through his hand until he retained only the end of the handle. The people in the transport clapped their hands, and laughed at his ridiculous figure ; and when some one threw a stone, which fell on the deck at his feet, and he quitted of the scythe-spear, the crew of his own trireme also burst out laughing ; they could not refrain when they beheld the weapon waving in the air, suspended from the transport. Now I do not deny that there may be something in such an art, as Nicias asserts, but I tell you my experience ; and, as I said at first, whether this be an art of which the advantage is so slight, or not an art at all, but only an imposition, in either case such an acquirement is not worth having. For my opinion is, that if the professor of this art be a coward, he will be likely to become rash, and his character will be only more notorious ; or if he be brave, and fail ever so little, other men will be on the watch, and he will be greatly traduced ; for there is a jealousy of such pretenders ; and unless a man be preeminent in valour, he cannot help being ridiculous, if he says that he has this sort of skill. Such is my judgment, Lysimachus, of the desirableness of this art ; but, as I said at first, ask Socrates, and do not let him go until he has given you his opinion of the matter. LACHES

Str. But whereas some appear to have arrived at the conclusion that all ignorance is involuntary, and that no one who thinks himself wise is willing to learn any of those things in which he is conscious of his own cleverness, and that the admonitory sort of instruction gives much trouble and does little good — SOPHIST

Str. There is a criterion of voluntary and involuntary, poverty and riches, law and the absence of law, which men now-a-days apply to them ; the two first they subdivide accordingly, and ascribe to monarchy two forms and two corresponding names, royalty and tyranny. STATESMAN

Str. Hence we are led to observe that the distinguishing principle of the State cannot be the few or many, the voluntary or involuntary, poverty or riches ; but some notion of science must enter into it, if we are to be consistent with what has preceded. STATESMAN

Ath. You ought to have said, Stranger — The Cretan laws are with reason famous among the Hellenes ; for they fulfil the object of laws, which is to make those who use them happy ; and they confer every sort of good. Now goods are of two kinds : there are human and there are divine goods, and the human hang upon the divine ; and the state which attains the greater, at the same time acquires the less, or, not having the greater, has neither. Of the lesser goods the first is health, the second beauty, the third strength, including swiftness in running and bodily agility generally, and the fourth is wealth, not the blind god [Pluto], but one who is keen of sight, if only he has wisdom for his companion. For wisdom is chief and leader of the divine dass of goods, and next follows temperance ; and from the union of these two with courage springs justice, and fourth in the scale of virtue is courage. All these naturally take precedence of the other goods, and this is the order in which the legislator must place them, and after them he will enjoin the rest of his ordinances on the citizens with a view to these, the human looking to the divine, and the divine looking to their leader mind. Some of his ordinances will relate to contracts of marriage which they make one with another, and then to the procreation and education of children, both male and female ; the duty of the lawgiver will be to take charge of his citizens, in youth and age, and at every time of life, and to give them punishments and rewards ; and in reference to all their intercourse with one another, he ought to consider their pains and pleasures and desires, and the vehemence of all their passions ; he should keep a watch over them, and blame and praise them rightly by the mouth of the laws themselves. Also with regard to anger and terror, and the other perturbations of the soul, which arise out of misfortune, and the deliverances from them which prosperity brings, and the experiences which come to men in diseases, or in war, or poverty, or the opposite of these ; in all these states he should determine and teach what is the good and evil of the condition of each. In the next place, the legislator has to be careful how the citizens make their money and in what way they spend it, and to have an eye to their mutual contracts and dissolutions of contracts, whether voluntary or involuntary : he should see how they order all this, and consider where justice as well as injustice is found or is wanting in their several dealings with one another ; and honour those who obey the law, and impose fixed penalties on those who disobey, until the round of civil life is ended, and the time has come for the consideration of the proper funeral rites and honours of the dead. And the lawgiver reviewing his work, will appoint guardians to preside over these things — some who walk by intelligence, others by true opinion only, and then mind will bind together all his ordinances and show them to be in harmony with temperance and justice, and not with wealth or ambition. This is the spirit, Stranger, in which I was and am desirous that you should pursue the subject. And I want to know the nature of all these things, and how they are arranged in the laws of Zeus, as they are termed, and in those of the Pythian Apollo, which Minos   and Lycurgus gave ; and how the order of them is discovered to his eyes, who has experience in laws gained either by study or habit, although they are far from being self-evident to the rest of mankind like ourselves. LAWS BOOK I

Truth is the beginning of every good thing, both to Gods and men ; and he who would be blessed and happy, should be from the first a partaker of the truth, that he may live a true man as long as possible, for then he can be trusted ; but he is not to be trusted who loves voluntary falsehood, and he who loves involuntary falsehood is a fool. Neither condition is enviable, for the untrustworthy and ignorant has no friend, and as time advances he becomes known, and lays up in store for himself isolation in crabbed age when life is on the wane : so that, whether his children or friends are alive or not, he is equally solitary. — Worthy of honour is he who does no injustice, and of more than twofold honour, if he not only does no injustice himself, but hinders others from doing any ; the first may count as one man, the second is worth many men, because he informs the rulers of the injustice of others. And yet more highly to be esteemed is he who co-operates with the rulers in correcting the citizens as far as he can — he shall be proclaimed the great and perfect citizen, and bear away the palm of virtue. The same praise may be given about temperance and wisdom, and all other goods which may be imparted to others, as well as acquired by a man for himself ; he who imparts them shall be honoured as the man of men, and he who is willing, yet is not able, may be allowed the second place ; but he who is jealous and will not, if he can help, allow others to partake in a friendly way of any good, is deserving of blame : the good, however, which he has, is not to be undervalued by us because it is possessed by him, but must be acquired by us also to the utmost of our power. Let every man, then, freely strive for the prize of virtue, and let there be no envy. For the unenvious nature increases the greatness of states — he himself contends in the race, blasting the fair fame of no man ; but the envious, who thinks that he ought to get the better by defaming others, is less energetic himself in the pursuit of true virtue, and reduces his rivals to despair by his unjust slanders of them. And so he makes the whole city to enter the arena untrained in the practice of virtue, and diminishes her glory as far as in him lies. Now every man should be valiant, but he should also be gentle. From the cruel, or hardly curable, or altogether incurable acts of injustice done to him by others, a man can only escape by fighting and defending himself and conquering, and by never ceasing to punish them ; and no man who is not of a noble spirit is able to accomplish this. As to the actions of those who do evil, but whose evil is curable, in the first place, let us remember that the unjust man is not unjust of his own free will. For no man of his own free will would choose to possess the greatest of evils, and least of all in the most honourable part of himself. And the soul, as we said, is of a truth deemed by all men the most honourable. In the soul, then, which is the most honourable part of him, no one, if he could help, would admit, or allow to continue the greatest of evils. The unrighteous and vicious are always to be pitied in any case ; and one can afford to forgive as well as pity him who is curable, and refrain and calm one’s anger, not getting into a passion, like a woman, and nursing ill-feeling. But upon him who is incapable of reformation and wholly evil, the vials of our wrath should be poured out ; wherefore I say that good men ought, when occasion demands, to be both gentle and passionate. LAWS BOOK V

Ath. And shall the warriors of our city, who are destined when occasion calli to enter the greatest of all contests, and to fight for their lives, and their children, and their property, and the whole city, be worse prepared than boxers ? And will the legislator, because he is afraid that their practising with one another may appear to some ridiculous, abstain from commanding them to go out and fight ; will he not ordain that soldiers shall perform lesser exercises without arms every day, making dancing and all gymnastic tend to this end ; and also will he not require that they shall practise some gymnastic exercises, greater as well as lesser, as often as every month ; and that they shall have contests one with another in every part of the country, seizing upon posts and lying in ambush, and imitating in every respect the reality of war ; fighting with boxing-gloves and hurling javelins, and using weapons somewhat dangerous, and as nearly as possible like the true ones, in order that the sport may not be altogether without fear, but may have terrors and to a certain degree show the man who has and who has not courage ; and that the honour and dishonour which are assigned to them respectively, may prepare the whole city for the true conflict of life ? If any one dies in these mimic contests, the homicide is involuntary, and we will make the slayer, when he has been purified according to law, to be pure of blood, considering that if a few men should die, others as good as they will be born ; but that if fear is dead then the citizens will never find a test of superior and inferior natures, which is a far greater evil to the state than the loss of a few. LAWS BOOK VIII

Ath. That the unjust man may be bad, but that he is bad against his will. Now that an action which is voluntary should be done involuntarily is a contradiction ; wherefore he who maintains that injustice is involuntary will deem that the unjust does injustice involuntarily. I too admit that all men do injustice involuntarily, and if any contentious or disputatious person says that men are unjust against their will, and yet that many do injustice willingly, I do not agree with him. But, then, how can I avoid being inconsistent with myself, if you, Cleinias, and you, Megillus, say to me — Well, Stranger, if all this be as you say, how about legislating for the city of the Magnetes — shall we legislate or not — what do you advise ? Certainly we will, I should reply. Then will you determine for them what are voluntary and what are involuntary crimes, and shall we make the punishments greater of voluntary errors and crimes and less for the involuntary ? or shall we make the punishment of all to be alike, under the idea that there is no such thing as voluntary crime ? LAWS BOOK IX

Ath. Let us remember what has been well said by us already, that our ideas of justice are in the highest degree confused and contradictory. Bearing this in mind, let us proceed to ask ourselves once more whether we have discovered a way out of the difficulty. Have we ever determined in what respect these two classes of actions differ from one another ? For in all states and by all legislators whatsoever, two kinds of actions have been distinguished — the one, voluntary, the other, involuntary ; and they have legislated about them accordingly. But shall this new word of ours, like an oracle of God, be only spoken, and get away without giving any explanation or verification of itself ? How can a word not understood be the basis of legislation ? Impossible. Before proceeding to legislate, then, we must prove that they are two, and what is the difference between them, that when we impose the penalty upon either, every one may understand our proposal, and be able in some way to judge whether the penalty is fitly or unfitly inflicted. LAWS BOOK IX

Cle. I agree with you, Stranger ; for one of two things is certain : either we must not say that all unjust acts are involuntary, or we must show the meaning and truth of this statement. LAWS BOOK IX

Ath. Of these two alternatives, the one is quite intolerable — not to speak what I believe to be the truth would be to me unlawful and unholy. But if acts of injustice cannot be divided into voluntary and involuntary, I must endeavour to find some other distinction between them. LAWS BOOK IX

Ath. Reflect, then ; there are hurts of various kinds done by the citizens to one another in the intercourse of life, affording plentiful examples both of the voluntary and involuntary. LAWS BOOK IX

Ath. I would not have any one suppose that all these hurts are injuries, and that these injuries are of two kinds — one, voluntary, and the other, involuntary ; for the involuntary hurts of all men are quite as many and as great as the voluntary ? And please to consider whether I am right or quite wrong in what I am going to say ; for I deny, Cleinias and Megillus, that he who harms another involuntarily does him an injury involuntarily, nor should I legislate about such an act under the idea that I am legislating for an involuntary injury. But I should rather say that such a hurt, whether great or small, is not an injury at all ; and, on the other hand, if I am right, when a benefit is wrongly conferred, the author of the benefit may often be said to injure. For I maintain, O my friends, that the mere giving or taking away of anything is not to be described either as just or unjust ; but the legislator has to consider whether mankind do good or harm to one another out of a just principle and intention. On the distinction between injustice and hurt he must fix his eye ; and when there is hurt, he must, as far as he can, make the hurt good by law, and save that which is ruined, and raise up that which is fallen, and make that which is dead or wounded whole. And when compensation has been given for injustice, the law must always seek to win over the doers and sufferers of the several hurts from feelings of enmity to those of friendship. LAWS BOOK IX

Cle. What you have said appears to me to be very reasonable, but will you favour me by stating a little more clearly the difference between hurt and injustice, and the various complications of the voluntary and involuntary which enter into them ? LAWS BOOK IX

Ath. And now I can define to you clearly, and without ambiguity, what I mean by the just and unjust, according to my notion of them : — When anger and fear, and pleasure and pain, and jealousies and desires, tyrannize over the soul, whether they do any harm or not — I call all this injustice. But when the opinion of the best, in whatever part of human nature states or individuals may suppose that to dwell, has dominion in the soul and orders the life of every man, even if it be sometimes mistaken, yet what is done in accordance therewith, the principle in individuals which obeys this rule, and is best for the whole life of man, is to be called just ; although the hurt done by mistake is thought by many to be involuntary injustice. Leaving the question of names, about which we are not going to quarrel, and having already delineated three sources of error, we may begin by recalling them somewhat more vividly to our memory : — One of them was of the painful sort, which we denominate anger and fear. 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 any one slays a freeman with his own hand and the deed be done in passion, in the case of such actions we must begin by making a distinction. For a deed is done from passion either when men suddenly, and without intention to kill, cause the death of another by blows and the like on a momentary impulse, and are sorry for the deed immediately afterwards ; or again, when after having been insulted in deed or word, men pursue revenge, and kill a person intentionally, and are not sorry for the act. And, therefore, we must assume that these homicides are of two kinds, both of them arising from passion, which may be justly said to be in a mean between the voluntary and involuntary ; at the same time, they are neither of them anything more than a likeness or shadow of either. He who treasures up his anger, and avenges himself, not immediately and at the moment, but with insidious design, and after an interval, is like the voluntary ; but he who does not treasure up his anger, and takes vengeance on the instant, and without malice prepense, approaches to the involuntary ; and yet even he is not altogether involuntary, but only the image or shadow of the involuntary ; wherefore about homicides committed in hot blood, there is a difficulty in determining whether in legislating we shall reckon them as voluntary or as partly involuntary. The best and truest view is to regard them respectively as likenesses only of the voluntary and involuntary, and to distinguish them accordingly as they are done with or without premeditation. And we should make the penalties heavier for those who commit homicide with angry premeditation, and lighter for those who do not premeditate, but smite upon the instant ; for that which is like a greater evil should be punished more severely, and that which is like a less evil should be punished less severely : this shall be the rule of our laws. LAWS BOOK IX

Ath. Let us proceed : — If any one slays a free man with his own hand, and the deed be done in a moment of anger, and without premeditation, let the offender suffer in other respects as the involuntary homicide would have suffered, and also undergo an exile of two years, that he may learn to school his passions. But he who slays another from passion, yet with premeditation, shall in other respects suffer as the former ; and to this shall be added an exile of three instead of two years — his punishment is to be longer because his passion is greater. The manner of their return shall be on this wise : (and here the law has difficulty in determining exactly ; for in some cases the murderer who is judged by the law to be the worse may really be the less cruel, and he who is judged the less cruel may be really the worse, and may have executed the murder in a more savage manner, whereas the other may have been gentler. But in general the degrees of guilt will be such as we have described them. Of all these things the guardians of the law must take cognisance) : — When a homicide of either kind has completed his term of exile, the guardians shall send twelve judges to the borders of the land ; these during the interval shall have informed themselves of the actions of the criminals, and they shall judge respecting their pardon and reception ; and the homicides shall abide by their judgment. But if after they have returned home, any one of them in a moment of anger repeats the deed, let him be an exile, and return no more ; or if he returns, let him suffer as the stranger was to suffer in a similar case. He who kills his own slave shall undergo a purification, but if he kills the slave of another in anger, he shall pay twice the amount of the loss to his owner. And if any homicide is disobedient to the law, and without purification pollutes the agora, or the games, or the temples, he who pleases may bring to trial the next of kin to the dead man for permitting him, and the murderer with him, and may compel the one to exact and the other to suffer a double amount of fines and purifications ; and the accuser shall himself receive the fine in accordance with the law. If a slave in a fit of passion kills his master, the kindred of the deceased man may do with the murderer (provided only they do not spare his life) whatever they please, and they will be pure ; or if he kills a freeman, who is not his master, the owner shall give up the slave to the relatives of the deceased, and they shall be under an obligation to put him to death, but this may be done in any manner which they please. LAWS BOOK IX

And he who is disobedient shall be justly liable to the law concerning impiety, which relates to these matters. If any one is so violent in his passion against his parents, that in the madness of his anger he dares to kill one of them, if the murdered person before dying freely forgives the murderer, let him undergo the purification which is assigned to those who have been guilty of involuntary homicide, and do as they do, and he shall be pure. But if he be not acquitted, the perpetrator of such a deed shall be amenable to many laws ; — he shall be amenable to the extreme punishments for assault, and impiety, and robbing of temples, for he has robbed his parent of life ; and if a man could be slain more than once, most justly would he who in a fit of passion has slain father or mother, undergo many deaths. How can he, whom, alone of all men, even in defence of his life, and when about to suffer death at the hands of his parents, no law will allow to kill his father or his mother who are the authors of his being, and whom the legislator will command to endure any extremity rather than do this — how can he, I say, lawfully receive any other punishment ? Let death then be the appointed punishment of him who in a fit of passion slays his father or his mother. But if brother kills brother in a civil broil, or under other like circumstances, if the other has begun, and he only defends himself, let him be free from guilt, as he would be if he had slain an enemy ; and the same rule will apply if a citizen kill a citizen, or a stranger a stranger. Or if a stranger kill a citizen or a citizen a stranger in self-defence, let him be free from guilt in like manner ; and so in the case of a slave who has killed a slave ; but if a slave have killed a freeman in self-defence, let him be subject to the same law as he who has killed a father ; and let the law about the remission of penalties in the case of parricide apply equally to every other remission. Whenever any sufferer of his own accord remits the guilt of homicide to another, under the idea that his act was involuntary, let the perpetrator of the deed undergo a purification and remain in exile for a year, according to law. LAWS BOOK IX

Enough has been said of murders violent and involuntary and committed in passion : we have now to speak of voluntary crimes done with injustice of every kind and with premeditation, through the influence of pleasures, and desires, and jealousies. 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

Now the boundaries of some things do not touch one another, but there is a borderland which comes in between, preventing them from touching. And we were saying that actions done from passion are of this nature, and come in between the voluntary and involuntary. If a person be convicted of having inflicted wounds in a passion, in the first place he shall pay twice the amount of the injury, if the wound be curable, or, if incurable, four times the amount of the injury ; or if the wound be curable, and at the same time cause great and notable disgrace to the wounded person, he shall pay fourfold. And whenever any one in wounding another injures not only the sufferer, but also the city, and makes him incapable of defending his country against the enemy, he, besides the other penalties, shall pay a penalty for the loss which the state has incurred. And the penalty shall be, that in addition to his own times of service, he shall serve on behalf of the disabled person, and shall take his place in war ; or, if he refuse, he shall be liable to be convicted by law of refusal to serve. The compensation for the injury, whether to be twofold or threefold or fourfold, shall be fixed by the judges who convict him. And if, in like manner, a brother wounds a brother, the parents and kindred of either sex, including the children of cousins, whether on the male or female side, shall meet, and when they have judged the cause, they shall entrust the assessment of damages to the parents, as is natural ; and if the estimate be disputed, then the kinsmen on the male side shall make the estimate, or if they cannot, they shall commit the matter to the guardians of the law. And when similar charges of wounding are brought by children against their parents, those who are more than sixty years of age, having children of their own, not adopted, shall be required to decide ; and if any one is convicted, they shall determine whether he or she ought to die, or suffer some other punishment either greater than death, or, at any rate, not much less. A kinsman of the offender shall not be allowed to judge the cause, not even if he be of the age which is prescribed by the law. If a slave in a fit of anger wound a freeman, the owner of the slave shall give him up to the wounded man, who may do as he pleases with him, and if be not give him up he shall himself make good the injury. And if any one says that the slave and the wounded man are conspiring together, let him argue the point, and if he is cast, he shall pay for the wrong three times over, but if he gains his case, the freeman who conspired with the slave shall reliable to an action for kidnapping. And if any one unintentionally wounds another he shall simply pay for the harm, for no legislator is able to control chance. In such a case the judges shall be the same as those who are appointed in the case of children suing their parents ; and they shall estimate the amount of the injury. LAWS BOOK IX

So much, then, for that. You were surprised at my sending Polyxenus to you ; but now as of old I repeat [2.314d] the same statement about Lycophron also and the others you have with you, that, as respects dialectic, you are far superior to them all both in natural intelligence and in argumentative ability ; and I maintain that if any of them is beaten in argument, this defeat is not voluntary, as some imagine, but involuntary. All the same, it appears that you treat them with the greatest consideration and make them presents. So much, then, about these men ; too much, indeed, about such as they ! As for Philistion, if you are making use of him yourself by all means do so ; [2.314e] but if not, lend him if possible to Speusippus and send him home. Speusippus, too, begs you to do so ; and Philistion also promised me, that, if you would release him, he would gladly come to Athens. Many thanks for releasing the man in the stone-quarries ; and my request with regard to his household and Hegesippus, the son of Ariston, is no hard matter ; for in your letter you said that should anyone wrong him or them and you come to know of it you would not allow it. It is proper for me also to say what is true [2.315a] about Lysicleides ; for of all those who have come to Athens from Sicily he is the only one who has not misrepresented your association with me ; on the contrary, he always speaks nicely about past events and puts the best construction on them. LETTERS LETTER II

And is not this involuntary deprivation caused either by theft, or force, or enchantment ? THE REPUBLIC   BOOK III

Then let me tell you that you are doing just the reverse ; the encouragement which you offer would have been all very well had I myself believed that I knew what I was talking about. To declare the truth about matters of high interest which a man honors and loves, among wise men who love him, need occasion no fear or faltering in his mind ; but to carry on an argument when you are yourself only a hesitating inquirer, which is my condition, is a dangerous and slippery thing ; and the danger is not that I shall be laughed at (of which the fear would be childish), but that I shall miss the truth where I have most need to be sure of my footing, and drag my friends after me in my fall. And I pray Nemesis not to visit upon me the words which I am going to utter. For I do indeed believe that to be an involuntary homicide is a less crime than to be a deceiver about beauty, or goodness, or justice, in the matter of laws. And that is a risk which I would rather run among enemies than among friends ; and therefore you do well to encourage me. THE REPUBLIC BOOK V

And as to truth, I said, is not a soul equally to be deemed halt and lame which hates voluntary falsehood and is extremely indignant at herself and others when they tell lies, but is patient of involuntary falsehood, and does not mind wallowing like a swinish beast in the mire of ignorance, and has no shame at being detected ? THE REPUBLIC BOOK VII

We may state the question thus : Imitation imitates the actions of men, whether voluntary or involuntary, on which, as they imagine, a good or bad result has ensued, and they rejoice or sorrow accordingly. Is there anything more ? THE REPUBLIC BOOK X