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Jowett: violence

quinta-feira 1º de fevereiro de 2024, por Cardoso de Castro

  

Soc. "And was that our agreement with you ?" the law would say ; "or were you to abide by the sentence of the State ?" And if I were to express astonishment at their saying this, the law would probably add : "Answer, Socrates  , instead of opening your eyes : you are in the habit of asking and answering questions. Tell us what complaint you have to make against us which justifies you in attempting to destroy us and the State ? In the first place did we not bring you into existence ? Your father married your mother by our aid and begat you. Say whether you have any objection to urge against those of us who regulate marriage ?" None, I should reply. "Or against those of us who regulate the system of nurture and education of children in which you were trained ? Were not the laws, who have the charge of this, right in commanding your father to train you in music and gymnastic ?" Right, I should reply. "Well, then, since you were brought into the world and nurtured and educated by us, can you deny in the first place that you are our child and slave, as your fathers were before you ? And if this is true you are not on equal terms with us ; nor can you think that you have a right to do to us what we are doing to you. Would you have any right to strike or revile or do any other evil to a father or to your master, if you had one, when you have been struck or reviled by him, or received some other evil at his hands ? — you would not say this ? And because we think right to destroy you, do you think that you have any right to destroy us in return, and your country as far as in you lies ? And will you, O professor of true virtue, say that you are justified in this ? Has a philosopher like you failed to discover that our country is more to be valued and higher and holier far than mother or father or any ancestor, and more to be regarded in the eyes of the gods and of men of understanding ? also to be soothed, and gently and reverently entreated when angry, even more than a father, and if not persuaded, obeyed ? And when we are punished by her, whether with imprisonment or stripes, the punishment is to be endured in silence ; and if she leads us to wounds or death in battle, thither we follow as is right ; neither may anyone yield or retreat or leave his rank, but whether in battle or in a court of law, or in any other place, he must do what his city and his country order him ; or he must change their view of what is just : and if he may do no violence to his father or mother, much less may he do violence to his country." What answer shall we make to this, Crito   ? Do the laws speak truly, or do they not ? CRITO

Alcibiades : I do : we say we are victims of deceit or violence or spoliation. ALCIBIADES I

And are you about to use violence, without even going through the forms of justice ? CHARMIDES  

Yes, I shall use violence, he replied, since he orders me ; and therefore you had better consider well. CHARMIDES

But the time for consideration has passed, I said, when violence is employed ; and you, when you are determined on anything, and in the mood of violence, are irresistible. CHARMIDES

Makes might to be right, doing violence with highest hand ; GORGIAS

— The previous speakers, instead of praising the god Love, or unfolding his nature, appear to have congratulated mankind on the benefits which he confers upon them. But I would rather praise the god first, and then speak of his gifts ; this is always the right way of praising everything. May I say without impiety or offence, that of all the blessed gods he is the most blessed because he is the fairest and best ? And he is the fairest : for, in the first place, he is the youngest, and of his youth he is himself the witness, fleeing out of the way of age, who is swift enough, swifter truly than most of us like : — Love hates him and will not come near him ; but youth and love live and move together — like to like, as the proverb says. Many things were said by Phaedrus   about Love in which I agree with him ; but I cannot agree that he is older than Iapetus and Kronos : — not so ; I maintain him to be the youngest of the gods, and youthful ever. The ancient doings among the gods of which Hesiod and Parmenides   spoke, if the tradition of them be true, were done of Necessity and not Love ; had Love been in those days, there would have been no chaining or mutilation of the gods, or other violence, but peace and sweetness, as there is now in heaven, since the rule of Love began. SYMPOSIUM  

Socrates turned to Agathon and said : I must ask you to protect me, Agathon ; for the passion of this man has grown quite a serious matter to me. Since I became his admirer I have never been allowed to speak to any other fair one, or so much as to look at them. If I do, he goes wild with envy and jealousy, and not only abuses me but can hardly keep his hands off me, and at this moment he may do me some harm. Please to see to this, and either reconcile me to him, or, if he attempts violence, protect me, as I am in bodily fear of his mad and passionate attempts. SYMPOSIUM

And those who have chosen the portion of injustice, and tyranny, and violence, will pass into wolves, or into hawks and kites ; whither else can we suppose them to go ? PHAEDO  

For after death, as they say, the genius of each individual, to whom he belonged in life, leads him to a certain place in which the dead are gathered together for judgment, whence they go into the world below, following the guide who is appointed to conduct them from this world to the other : and when they have there received their due and remained their time, another guide brings them back again after many revolutions of ages. Now this journey to the other world is not, as Aeschylus says in the "Telephus," a single and straight path — no guide would be wanted for that, and no one could miss a single path ; but there are many partings of the road, and windings, as I must infer from the rites and sacrifices which are offered to the gods below in places where three ways meet on earth. The wise and orderly soul is conscious of her situation and follows in the path ; but the soul which desires the body, and which, as I was relating before, has long been fluttering about the lifeless frame and the world of sight, is after many struggles and many sufferings hardly and with violence carried away by her attendant genius, and when she arrives at the place where the other souls are gathered, if she be impure and have done impure deeds, or been concerned in foul murders or other crimes which are the brothers of these, and the works of brothers in crime — from that soul everyone flees and turns away ; no one will be her companion, no one her guide, but alone she wanders in extremity of evil until certain times are fulfilled, and when they are fulfilled, she is borne irresistibly to her own fitting habitation ; as every pure and just soul which has passed through life in the company and under the guidance of the gods has also her own proper home. PHAEDO

Such is the name of the other world ; and when the dead arrive at the place to which the genius of each severally conveys them, first of all they have sentence passed upon them, as they have lived well and piously or not. And those who appear to have lived neither well nor ill, go to the river Acheron, and mount such conveyances as they can get, and are carried in them to the lake, and there they dwell and are purified of their evil deeds, and suffer the penalty of the wrongs which they have done to others, and are absolved, and receive the rewards of their good deeds according to their deserts. But those who appear to be incurable by reason of the greatness of their crimes — who have committed many and terrible deeds of sacrilege, murders foul and violent, or the like — such are hurled into Tartarus, which is their suitable destiny, and they never come out. Those again who have committed crimes, which, although great, are not unpardonable — who in a moment of anger, for example, have done violence to a father or mother, and have repented for the remainder of their lives, or who have taken the life of another under like extenuating circumstances — these are plunged into Tartarus, the pains of which they are compelled to undergo for a year, but at the end of the year the wave casts them forth — mere homicides by way of Cocytus, parricides and matricides by Pyriphlegethon — and they are borne to the Acherusian Lake, and there they lift up their voices and call upon the victims whom they have slain or wronged, to have pity on them, and to receive them, and to let them come out of the river into the lake. And if they prevail, then they come forth and cease from their troubles ; but if not, they are carried back again into Tartarus and from thence into the rivers unceasingly, until they obtain mercy from those whom they have wronged : for that is the sentence inflicted upon them by their judges. Those also who are remarkable for having led holy lives are released from this earthly prison, and go to their pure home which is above, and dwell in the purer earth ; and those who have duly purified themselves with philosophy live henceforth altogether without the body, in mansions fairer far than these, which may not be described, and of which the time would fail me to tell. PHAEDO

Phaedr. There I have you as you had me, and you must just speak "as you best can." Do not let us exchange "tu quoque" as in a farce, or compel me to say to you as you said to me, "I know Socrates as well as I know myself, and he was wanting to speak, but he gave himself airs." Rather I would have you consider that from this place we stir not until you have unbosomed yourself of the speech ; for here are we all alone, and I am stronger, remember, and younger than you — Wherefore perpend, and do not compel me to use violence. PHAEDRUS

And now they are at the spot and behold the flashing beauty of the beloved ; which when the charioteer sees, his memory is carried to the true beauty, whom he beholds in company with Modesty like an image placed upon a holy pedestal. He sees her, but he is afraid and falls backwards in adoration, and by his fall is compelled to pull back the reins with such violence as to bring both the steeds on their haunches, the one willing and unresisting, the unruly one very unwilling ; and when they have gone back a little, the one is overcome with shame and wonder, and his whole soul is bathed in perspiration ; the other, when the pain is over which the bridle and the fall had given him, having with difficulty taken breath, is full of wrath and reproaches, which he heaps upon the charioteer and his fellow-steed, for want of courage and manhood, declaring that they have been false to their agreement and guilty of desertion. Again they refuse, and again he urges them on, and will scarce yield to their prayer that he would wait until another time. When the appointed hour comes, they make as if they had forgotten, and he reminds them, fighting and neighing and dragging them on, until at length he, on the same thoughts intent, forces them to draw near again. And when they are near he stoops his head and puts up his tail, and takes the bit in his teeth. and pulls shamelessly. Then the charioteer is worse off than ever ; he falls back like a racer at the barrier, and with a still more violent wrench drags the bit out of the teeth of the wild steed and covers his abusive tongue and jaws with blood, and forces his legs and haunches to the ground and punishes him sorely. And when this has happened several times and the villain has ceased from his wanton way, he is tamed and humbled, and follows the will of the charioteer, and when he sees the beautiful one he is ready to die of fear. And from that time forward the soul of the lover follows the beloved in modesty and holy fear. PHAEDRUS

Soc. The profession of the great wise ones who are called orators and lawyers ; for these persuade men by their art and make them think whatever they like, but they do not teach them. Do you imagine that there are any teachers in the world so clever as to be able to convince others of the truth about acts of robbery or violence, of which they were not eyewitnesses, while a little water is flowing in the clepsydra ? THEAETETUS  

Str. Let us define piracy, man-stealing, tyranny, the whole military art, by one name, as hunting with violence. SOPHIST

Str. The life of all animals first came to a standstill, and the mortal nature ceased to be or look older, and was then reversed and grew young and delicate ; the white locks of the aged darkened again, and the cheeks the bearded man became smooth, and recovered their former bloom ; the bodies of youths in their prime grew softer and smaller, continually by day and night returning and becoming assimilated to the nature of a newly-born child in mind as well as body ; in the succeeding stage they wasted away and wholly disappeared. And the bodies of those who died by violence at that time quickly passed through the like changes, and in a few days were no more seen. STATESMAN

Str. I see that you enter into my meaning ; — no, that blessed and spontaneous life does not belong to the present cycle of the world, but to the previous one, in which God superintended the whole revolution of the universe ; and the several parts the universe were distributed under the rule. certain inferior deities, as is the way in some places still There were demigods, who were the shepherds of the various species and herds of animals, and each one was in all respects sufficient for those of whom he was the shepherd ; neither was there any violence, or devouring of one another or war or quarrel among them ; and I might tell of ten thousand other blessings, which belonged to that dispensation. The reason why the life of man was, as tradition says, spontaneous, is as follows : In those days God himself was their shepherd, and ruled over them, just as man, over them, who is by comparison a divine being, still rules over the lower animals. Under him there were no forms of government or separate possession of women and children ; for all men rose again from the earth, having no memory, of the past. And although they had nothing of this sort, the earth gave them fruits in abundance, which grew on trees and shrubs unbidden, and were not planted by the hand of man. And they dwelt naked, and mostly in the open air, for the temperature of their seasons, was mild ; and they had no beds, but lay on Soft couches of grass, which grew plentifully out of : the earth. Such was the life of man in the days of Cronos, Socrates ; the character of our present life which is said to be under Zeus, you know from your own experience. Can you, and will you, determine which of them you deem the happier ? STATESMAN

Str. Then we separated off the currier’s art, which prepared coverings in entire pieces, and the art of sheltering, and subtracted the various arts of making water-tight which are employed in building, and in general in carpentering, and in other crafts, and all such arts as furnish impediments to thieving and acts of violence, and are concerned with making the lids of boxes and the fixing of doors, being divisions of the art of joining ; and we also cut off the manufacture of arms, which is a section of the great and manifold art of making defences ; and we originally began by parting off the whole of the magic art which is concerned with antidoter, and have left, as would appear, the very art of which we were in search, the art of protection against winter cold, which fabricates woollen defences, and has the name of weaving. STATESMAN

Str. I dare say. But supposing that he does use some gentle violence for their good, what is this violence to be called ? Or rather, before you answer, let me ask the same question in reference to our previous instances. STATESMAN

Str. Suppose that a skilful physician has a patient, of whatever sex or age, whom he compels against his will to do something for his good which is contrary to the written rules ; what is this compulsion to be called ? Would you ever dream of calling it a violation of the art, or a breach of the laws of health ? Nothing could be more unjust than for the patient to whom such violence is applied, to charge the physician who practises the violence with wanting skill or aggravating his disease. STATESMAN

Str. And when the citizen, contrary to law and custom, is compelled to do what is juster and better and nobler than he did before, the last and most absurd thing which he could say about such violence is that he has incurred disgrace or evil or injustice at the hands of those who compelled him. STATESMAN

Str. And shall we say that the violence, if exercised by a rich man, is just, and if by a poor man, unjust ? May not any man, rich or poor, with or without laws, with the will of the citizens or against the will of the citizens, do what is for their interest ? Is not this the true principle of government, according to which the wise and good man will order the affairs of his subjects ? As the pilot, by watching continually over the interests of the ship and of the crew — not by laying down rules, but by making his art a law — preserves the lives of his fellow-sailors, even and in the self-same way, may there not be a true form of polity created by those who are able to govern in a similar spirit, and who show a strength of art which is superior to the law ? Nor can wise rulers ever err while they, observing the one great rule of distributing justice to the citizens with intelligence and skill, are able to preserve them, and, as far as may be, to make them better from being worse. STATESMAN

Str. Too great sharpness or quickness or hardness is termed violence or madness ; too great slowness or gentleness is called cowardice or sluggishness ; and we may observe, that for the most part these qualities, and the temperance and manliness of the opposite characters, are arrayed as enemies on opposite sides, and do not mingle with one another in their respective actions ; and if we pursue the enquiry, we shall find that men who have these different qualities of mind differ from one another. STATESMAN

The most important of the affections which concern the whole body remains to be considered — that is, the cause of pleasure and pain in the perceptions of which I have been speaking, and in all other things which are perceived by sense through the parts of the body, and have both pains and pleasures attendant on them. Let us imagine the causes of every affection, whether of sense or not, to be of the following nature, remembering that we have already distinguished between the nature which is easy and which is hard to move ; for this is the direction in which we must hunt the prey which we mean to take. A body which is of a nature to be easily moved, on receiving an impression however slight, spreads abroad the motion in a circle, the parts communicating with each other, until at last, reaching the principle of mind, they announce the quality of the agent. But a body of the opposite kind, being immobile, and not extending to the surrounding region, merely receives the impression, and does not stir any of the neighbouring parts ; and since the parts do not distribute the original impression to other parts, it has no effect of motion on the whole animal, and therefore produces no effect on the patient. This is true of the bones and hair and other more earthy parts of the human body ; whereas what was said above relates mainly to sight and hearing, because they have in them the greatest amount of fire and air. Now we must conceive of pleasure and pain in this way. An impression produced in us contrary to nature and violent, if sudden, is painful ; and, again, the sudden return to nature is pleasant ; but a gentle and gradual return is imperceptible and vice versa. On the other hand the impression of sense which is most easily produced is most readily felt, but is not accompanied by Pleasure or pain ; such, for example, are the affections of the sight, which, as we said above, is a body naturally uniting with our body in the day-time ; for cuttings and burnings and other affections which happen to the sight do not give pain, nor is there pleasure when the sight returns to its natural state ; but the sensations are dearest and strongest according to the manner in which the eye is affected by the object, and itself strikes and touches it ; there is no violence either in the contraction or dilation of the eye. But bodies formed of larger particles yield to the agent only with a struggle ; and then they impart their motions to the whole and cause pleasure and pain — pain when alienated from their natural conditions, and pleasure when restored to them. Things which experience gradual withdrawings and emptyings of their nature, and great and sudden replenishments, fail to perceive the emptying, but are sensible of the replenishment ; and so they occasion no pain, but the greatest pleasure, to the mortal part of the soul, as is manifest in the case of perfumes. But things which are changed all of a sudden, and only gradually and with difficulty return to their own nature, have effects in every way opposite to the former, as is evident in the case of burnings and cuttings of the body. TIMAEUS  

Which stirs even a wise man to violence, PHILEBUS  

Ath. I was going to say that man never legislates, but accidents of all sorts, which legislate for us in all sorts of ways. The violence of war and the hard necessity of poverty are constantly overturning governments and changing laws. And the power of discase has often caused innovations in the state, when there have been pestilences, or when there has been a succession of bad seasons continuing during many years. Any one who sees all this, naturally rushes to the conclusion of which I was speaking, that no mortal legislates in anything, but that in human affairs chance is almost everything. And this may be said of the arts of the sailor, and the pilot, and the physician, and the general, and may seem to be well said ; and yet there is another thing which may be said with equal truth of all of them. LAWS BOOK IV

Ath. Those which we were examining when we spoke of who ought to govern whom. Did we not arrive at the conclusion that parents ought to govern their children, and the elder the younger, and the noble the ignoble ? And there were many other principles, if you remember, and they were not always consistent. One principle was this very principle of might, and we said that Pindar   considered violence natural and justified it. LAWS BOOK IV

Ath. This will be the method : — Sons of the Cretans, I shall say to them, inasmuch as the Cnosians have precedence over the other states, they should, in common with those who join this settlement, choose a body of thirty-seven in all, nineteen of them being taken from the settlers, and the remainder from the citizens of Cnosus. Of those latter the Cnosians shall make a present to your colony, and you yourself shall be one of the eighteen, and shall become a citizen of the new state ; and if you and they cannot be persuaded to go, the Cnosians may fairly use a little violence in order to make you. LAWS BOOK VI

Now the wardens of the agora ought to see to the details of the agora. Their first care, after the temples which are in the agora have been seen to, should be to prevent any one from doing any in dealings between man and man ; in the second ; place, as being inspectors of temperance and violence, they should chastise him who requires chastisement. Touching articles of gale, they should first see whether the articles which the citizens are under regulations to sell to strangers are sold to them, as the law ordains. And let the law be as follows : — on the first day of the month, the persons in charge, whoever they are, whether strangers or slaves, who have the charge on behalf of the citizens, shall produce to the strangers the portion which falls to them, in the first place, a twelfth portion of the corn ; — the stranger shall purchase corn for the whole month, and other cereals, on the first market day ; and on the tenth day of the month the one party shall sell, and the other buy, liquids sufficient to last during the whole month ; and on the twenty-third day there shall be a sale of animals by those who are willing to sell to the people who want to buy, and of implements and other things which husbandmen sell (such as skins and all kinds of clothing, either woven or made of felt and other goods of the same sort), and which strangers are compelled to buy and purchase of others. As to the retail trade in these things, whether of barley or wheat set apart for meal and flour, or any other kind of food, no one shall sell them to citizens or their slaves, nor shall any one buy of a citizen ; but let the stranger sell them in the market of strangers, to artisans and their slaves, making an exchange of wine and food, which is commonly called retail trade. And butchers shall offer for sale parts of dismembered animals to the strangers, and artisans, and their servants. Let any stranger who likes buy fuel from day to day wholesale, from those who have the care of it in the country, and let him sell to the strangers as much he pleases and when he pleases. As to other goods and implements which are likely to be wanted, they shall sell them in common market, at any place which the guardians of the law and the wardens of the market and city, choosing according to their judgment, shall determine ; at such places they shall exchange money for goods, and goods for money, neither party giving credit to the other ; and he who gives credit must be satisfied, whether he obtain his money not, for in such exchanges he will not be protected by law. But whenever property has been bought or sold, greater in quantity or value than is allowed by the law, which has determined within what limited a man may increase and diminish his possessions, let the excess be registered in the books of the guardians of the law ; in case of diminution, let there be an erasure made. And let the same rule be observed about the registration of the property of the metics. Any one who likes may come and be a metic on certain conditions ; a foreigner, if he likes, and is able to settle, may dwell in the land, but he must practise an art, and not abide more than twenty years from the time at which he has registered himself ; and he shall pay no sojourner’s tax, however small, except good conduct, nor any other tax for buying and selling. But when the twenty years have expired, he shall take his property with him and depart. And if in the course of these years he should chance to distinguish himself by any considerable benefit which he confers on the state, and he thinks that he can persuade the council and assembly, either to grant him delay in leaving the country, or to allow him to remain for the whole of his life, let him go and persuade the city, and whatever they assent to at his instance shall take effect. For the children of the metics, being artisans, and of fifteen years of age, let the time of their sojourn commence after their fifteenth year ; and let them remain for twenty years, and then go where they like ; but any of them who wishes to remain, may do so, if he can persuade the council and assembly. And if he depart, let him erase all the entries which have been made by him in the register kept by the magistrates. LAWS BOOK VIII

Next, after what relates to the Gods, follows what relates to the dissolution of the state : — Whoever by promoting a man to power enslaves the laws, and subjects the city to factions, using violence and stirring up sedition contrary to law, him we will deem the greatest enemy of the whole state. But he who takes no part in such proceedings, and, being one of the chief magistrates of the state, has no knowledge of the treason, or, having knowledge of it, by reason of cowardice does not interfere on behalf of his country, such an one we must consider nearly as bad. Every man who is worth anything will inform the magistrates, and bring the conspirator to trial for making a violent and illegal attempt to change the government. The judges of such cases shall be the same as of the robbers of temples ; and let the whole proceeding be carried on in the same way, and the vote of the majority condemn to death. But let there be a general rule, that the disgrace and punishment of the father is not to be visited on the children, except in the case of some one whose father, grandfather, and great-grandfather have successively undergone the penalty of death. Such persons the city shall send away with all their possessions to the city and country of their ancestors, retaining only and wholly their appointed lot. And out of the citizens who have more than one son of not less than ten years of age, they shall select ten whom their father or grandfather by the mother’s or father’s side shall appoint, and let them send to Delphi the names of those who are selected, and him whom the God chooses they shall establish as heir of the house which has failed ; and may he have better fortune than his predecessors ! LAWS BOOK IX

Ath. Once more let there be a third general law respecting the judges who are to give judgment, and the manner of conducting suits against those who are tried on an accusation of treason ; and as concerning the remaining or departure of their descendants — there shall be one law for all three, for the traitor, and the robber of temples, and the subverter by violence of the laws of the state. For a thief, whether he steal much or little, let there be one law, and one punishment for all alike : in the first place, let him pay double the amount of the theft if he be convicted, and if he have so much over and above the allotment ; — if he have not, he shall be bound until he pay the penalty, or persuade him has obtained the sentence against him to forgive him. But if a person be convicted of a theft against the state, then if he can persuade the city, or if he will pay back twice the amount of the theft, he shall be set free from his bonds. LAWS BOOK IX

Ath. There is one kind of actions done by violence and in the light of day, and another kind of actions which are done in darkness and with secret deceit, or sometimes both with violence and deceit ; the laws concerning these last ought to have a character of severity. LAWS BOOK IX

And if (which is a rare occurrence, but does sometimes happen) a father or a mother in a moment of passion slays a son or daughter by blows, or some other violence, the slayer shall undergo the same purification as in other cases, and be exiled during three years ; but when the exile returns the wife shall separate from the husband, and the husband from the wife, and they shall never afterwards beget children together, or live under the same roof, or partake of the same sacred rites with those whom they have deprived of a child or of a brother. And he who is impious and disobedient in such a case shall be brought to trial for impiety by any one who pleases. If in a fit of anger a husband kills his wedded wife, or the wife her husband, the slayer shall undergo the same purification, and the term of exile shall be three years. And when he who has committed any such crime returns, let him have no communication in sacred rites with his children, neither let him sit at the same table with them, and the father or son who disobeys shall be liable to be brought to trial for impiety by any one who pleases. If a brother or a sister in a fit of passion kills a brother or a sister, they shall undergo purification and exile, as was the case with parents who killed their offspring : they shall not come under the same roof, or share in the sacred rites of those whom they have deprived of their brethren, or of their children. LAWS BOOK IX

Ath. Let us first speak, as far as we are able, of their various kinds. The greatest cause of them is lust, which gets the mastery of the soul maddened by desire ; and this is most commonly found to exist where the passion reigns which is strongest and most prevalent among mass of mankind : I mean where the power of wealth breeds endless desires of never-to-be-satisfied acquisition, originating in natural disposition, and a miserable want of education. Of this want of education, the false praise of wealth which is bruited about both among Hellenes and barbarians is the cause ; they deem that to be the first of goods which in reality is only the third. And in this way they wrong both posterity and themselves, for nothing can be nobler and better than that the truth about wealth should be spoken in all states — namely, that riches are for the sake of the body, as the body is for the sake of the soul. They are good, and wealth is intended by nature to be for the sake of them, and is therefore inferior to them both, and third in order of excellence. This argument teaches us that he who would be happy ought not to seek to be rich, or rather he should seek to be rich justly and temperately, and then there would be no murders in states requiring to be purged away by other murders. But now, as I said at first, avarice is the chiefest cause and source of the worst trials for voluntary homicide. A second cause is ambition : this creates jealousies, which are troublesome companions, above all to the jealous man himself, and in a less degree to the chiefs of the state. And a third cause is cowardly and unjust fear, which has been the occasion of many murders. When a man is doing or has done something which he desires that no one should know him to be doing or to have done, he will take the life of those who are likely to inform of such things, if he have no other means of getting rid of them. Let this be said as a prelude concerning crimes of violence in general ; and I must not omit to mention a tradition which is firmly believed by many, and has been received by them from those who are learned in the mysteries : they say that such deeds will be punished in the world below, and also that when the perpetrators return to this world they will pay the natural penalty which is due to the sufferer, and end their lives in like manner by the hand of another. If he who is about to commit murder believes this, and is made by the mere prelude to dread such a penalty, there is no need to proceed with the proclamation of the law. But if he will not listen, let the following law be declared and registered against him : 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

And now let us say in what cases and under what circumstances the murderer is rightly free from guilt : — If a man catch a thief coming, into his house by night to steal, and he take and kill him, or if he slay a footpad in self-defence, he shall be guiltless. And any one who does violence to a free woman or a youth, shall be slain with impunity by the injured person, or by his or her father or brothers or sons. If a man find his wife suffering violence, he may kill the violator, and be guiltless in the eye of the law ; or if a person kill another in warding off death from his father or mother or children or brethren or wife who are doing no wrong, he shall assuredly be guiltless. 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

All the preceding injuries and every kind of assault are deeds of violence ; and every man, woman, or child ought to consider that the elder has the precedence of the younger in honour, both among the Gods and also among men who would live in security and happiness. Wherefore it is a foul thing and hateful to the Gods to see an elder man assaulted by a younger in the city ; and it is reasonable that a young man when struck by an elder should lightly endure his anger, laying up in store for himself a like honour when he is old. Let this be the law : — Every one shall reverence his elder in word and deed ; he shall respect any one who is twenty years older than himself, whether male or female, regarding him or her as his father or mother ; and he shall abstain from laying hands on any one who is of an age to have been his father or his mother, out of reverence to the Gods who preside over birth ; similarly he shall keep his hands from a stranger, whether he be an old inhabitant or newly arrived ; he shall not venture to correct such an one by blows, either as the aggressor or in self-defence. If he thinks that some stranger has struck him out of wantonness or insolence, and ought to be punished, he shall take him to the wardens of the city, but let him not strike him, that the stranger may be kept far away from the possibility of lifting up his hand against a citizen, and let the wardens of the city take the offender and examine him, not forgetting their duty to the God of Strangers, and in case the stranger appears to have struck the citizen unjustly, let them inflict upon him as many blows with the scourge as he has himself inflicted, and quell his presumption. But if he be innocent, they shall threaten and rebuke the man who arrested him, and let them both go. If a person strikes another of the same age or somewhat older than himself, who has no children, whether he be an old man who strikes an old man or a young man who strikes a young man, let the person struck defend himself in the natural way without a weapon and with his hands only. He who, being more than forty years of age, dares to fight with another, whether he be the aggressor or in self defence, shall be regarded as rude and ill-mannered and slavish ; — this will be a disgraceful punishment, and therefore suitable to him. The obedient nature will readily yield to such exhortations, but the disobedient, who heeds not the prelude, shall have the law ready for him : — If any man smite another who is older than himself, either by twenty or by more years, in the first place, he who is at hand, not being younger than the combatants, nor their equal in age, shall separate them, or be disgraced according to law ; but if he be the equal in age of the person who is struck or younger, he shall defend the person injured as he would a brother or father or still older relative. Further, let him who dares to smite an elder be tried for assault, as I have said, and if he be found guilty, let him be imprisoned for a period of not less than a year, or if the judges approve of a longer period, their decision shall be final. But if a stranger or metic smite one who is older by twenty years or more, the same law shall hold about the bystanders assisting, and he who is found guilty in such a suit, if he be a stranger but not resident, shall be imprisoned during a period of two years ; and a metic who disobeys the laws shall be imprisoned for three years, unless the court assign him a longer term. And let him who was present in any of these cases and did not assist according to law be punished, if he be of the highest dass, by paying a fine of a mina ; or if he be of the second class, of fifty drachmas ; or if of the third class, by a fine of thirty drachmas ; or if he be of the fourth class, by a fine of twenty drachmas ; and the generals and taxiarchs and phylarchs and hipparchs shall form the court in such cases. LAWS BOOK IX

And now having spoken of assaults, let us sum up all acts of violence under a single law, which shall be as follows : — No one shall take or carry away any of his neighbour’s goods, neither shall he use anything which is his neighbour’s without the consent of the owner ; for these are the offences which are and have been, and will ever be, the source of all the aforesaid evils. The greatest of them are excesses and insolences of youth, and are offences against the greatest when they are done against religion ; and especially great when in violation of public and holy rites, or of the partly-common rites in which tribes and phratries share ; and in the second degree great when they are committed against private rites and sepulchres, and in the third degree (not to repeat the acts formerly mentioned), when insults are offered to parents ; the fourth kind of violence is when any one, regardless of the authority of the rulers, takes or carries away or makes use of anything which belongs to them, not having their consent ; and the fifth kind is when the violation of the civil rights of an individual demands reparation. There should be a common law embracing all these cases. For we have already said in general terms what shall be the punishment of sacrilege, whether fraudulent or violent, and now we have to determine what is to be the punishment of those who speak or act insolently toward the Gods. But first we must give them an admonition which may be in the following terms : — No one who in obedience to the laws believed that there were Gods, ever intentionally did any unholy act, or uttered any unlawful word ; but he who did must have supposed one of three things — either that they did not exist, — which is the first possibility, or secondly, that, if they did, they took no care of man, or thirdly, that they were easily appeased and turned aside from their purpose, by sacrifices and prayers. LAWS BOOK X

Any one who is of sound mind may arrest his own slave, and do with him whatever he will of such things as are lawful ; and he may arrest the runaway slave of any of his friends or kindred with a view to his safe-keeping. And if any one takes away him who is being carried off as a slave, intending to liberate him, he who is carrying him off shall let him go ; but he who takes him away shall give three sufficient sureties ; and if he give them, and not without giving them, he may take him away, but if he take him away after any other manner he shall be deemed guilty of violence, and being convicted shall pay as a penalty double the amount of the damages claimed to him who has been deprived of the slave. Any man may also carry off a freedman, if he do not pay respect or sufficient respect to him who freed him. Now the respect shall be, that the freedman go three times in the month to the hearth of the person who freed him and offer to do whatever he ought, so far as he can ; and he shall agree to make such a marriage as his former master approves. He shall not be permitted to have more property than he who gave him liberty, and what more he has shall belong to his master. The freedman shall not remain in the state more than twenty years, but like other foreigners shall go away, taking his entire property with him, unless he has the consent of the magistrates and of his former master to remain. If a freedman or any other stranger has a property greater than the census of the third class, at the expiration. of thirty days from the day on which this comes to pass, he shall take that which is his and go his way, and in this case he shall not be allowed to remain any longer by the magistrates. And if any one disobeys this regulation, and is brought into court and convicted, he shall be punished with death, his property shall be confiscated. Suits about these matters shall take place before the tribes, unless the plaintiff and defendant have got rid of the accusation either before their neighbours or before judges chosen by them. If a man lay claim to any animal or anything else which he declares to be his, let the possessor refer to the seller or to some honest and trustworthy person, who has given, or in some legitimate way made over the property to him ; if he be a citizen or a metic, sojourning in the city, within thirty days, or, if the property have been delivered to him by a stranger, within five months, of which the middle month shall include the summer solstice. When goods are exchanged by selling and buying, a man shall deliver them, and receive the price of them, at a fixed place in the agora, and have done with the matter ; but he shall not buy or sell anywhere else, nor give credit. And if in any other manner or in any other place there be an exchange of one thing for another, and the seller give credit to the man who buys fram him, he must do this on the understanding that the law gives no protection in cases of things sold not in accordance with these regulations. Again, as to contributions, any man who likes may go about collecting contributions as a friend among friends, but if any difference arises about the collection, he is to act on the understanding that the law gives no protection in such cases. He who sells anything above the value of fifty drachmas shall be required to remain in the city for ten days, and the purchaser shall be informed of the house of the seller, with a view to the sort of charges which are apt to arise in such cases, and the restitutions which the law allows. And let legal restitution be on this wise : — If a man sells a slave who is in a consumption, or who has the disease of the stone, or of strangury, or epilepsy, or some other tedious and incurable disorder of body or mind, which is not discernible to the ordinary man, if the purchaser be a physician or trainer, he shall have no right of restitution ; nor shall there be any right of restitution if the seller has told the truth beforehand to the buyer. But if a skilled person sells to another who is not skilled, let the buyer appeal for restitution within six months, except in the case of epilepsy, and then the appeal may be made within a year. The cause shall be determined by such physicians as the parties may agree to choose ; and the defendant, if he lose the suit, shall pay double the price at which he sold. If a private person sell to another private person, he shall have the right of restitution, and the decision shall be given as before, but the defendant, if he be cast, shall only pay back the price of the slave. If a person sells a homicide to another, and they both know of the fact, let there be no restitution in such a case, but if he do not know of the fact, there shall be a right of restitution, whenever the buyer makes the discovery ; and the decision shall rest with the five youngest guardians of the law, and if the decision be that the seller was cognisant the fact, he shall purify the house of the purchaser, according to the law of the interpreters, and shall pay back three times the purchase-money. LAWS BOOK XI

When a man does another any injury by theft or violence, for the greater injury let him pay greater damages to the injured man, and less for the smaller injury ; but in all cases, whatever the injury may have been, as much as will compensate the loss. And besides the compensation of the wrong, let a man pay a further penalty for the chastisement of his offence : he who has done the wrong instigated by the folly of another, through the lightheartedness of youth or the like, shall pay a lighter penalty ; but he who has injured another through his own folly, when overcome by pleasure or pain, in cowardly fear, or lust, or envy, or implacable anger, shall endure a heavier punishment. Not that he is punished because he did wrong, for that which is done can never be undone, but in order that in future times, he, and those who see him corrected, may utterly hate injustice, or at any rate abate much of their evil-doing. Having an eye to all these things, the law, like a good archer, should aim at the right measure of punishment, and in all cases at the deserved punishment. In the attainment of this the judge shall be a fellow-worker with the legislator, whenever the law leaves to him to determine what the offender shall suffer or pay ; and the legislator, like a painter, shall give a rough sketch of the cases in which the law is to be applied. This is what we must do, Megillus and Cleinias, in the best and fairest manner that we can, saying what the punishments are to be of all actions of theft and violence, and giving laws of such a kind as the Gods and sons of Gods would have us give. LAWS BOOK XI

Theft is a mean, and robbery a shameless thing ; and none of the sons of Zeus delight in fraud and violence, or ever practised, either. Wherefore let no one be deluded by poets or mythologers into a mistaken belief of such such things, nor let him suppose, when he thieves or is guilty of violence, that he is doing nothing base, but only what the Gods themselves do. For such tales are untrue and improbable ; and he who steals or robs contrary to the law, is never either a God or the son of a God ; of this the legislator ought to be better informed than all the, poets put together. Happy is he and may he be forever happy, who is persuaded and listens to our words ; but he who disobeys shall have to contend against the following law : — If a man steal anything belonging to the public, whether that which he steals be much or little, he shall have the same punishment. For he who steals a little steals with the same wish as he who steals much, but with less power, and he who takes up a greater amount ; not having deposited it, is wholly unjust. Wherefore the law is not disposed to inflict a less penalty on the one than on the other because his theft, is less, but on the ground that the thief may possibly be in one case still curable, and may in another case be incurable. If any one convict in a court of law a stranger or a slave of a theft of public property, let the court determine what punishment he shall suffer, or what penalty he shall pay, bearing in mind that he is probably not incurable. But the citizen who has been brought up as our citizens will have been, if he be found guilty of robbing his country by fraud or violence, whether he be caught in the act or not, shall be punished with death ; for he is incurable. LAWS BOOK XII

This course Dion actually followed, thinking it preferable to suffer iniquitous deeds rather than to do them ; but, while taking precautions against them, he nevertheless, when he had reached the climax of victory over his enemies, took a false step and fell, a catastrophe not at all surprising. For a man of piety, temperance and wisdom, when dealing with the impious, would not be entirely blind to the character of such men, but it would perhaps not be surprising if he suffered the catastrophe that might befall a good ship’s captain, who would not be entirely unaware of the approach of a storm, but might be unaware of its extraordinary and startling violence, and might therefore be overwhelmed by its force. The same thing caused Dion’s downfall. For he was not unaware that his assailants were thoroughly bad men, but he was unaware how high a pitch of infatuation and of general wickedness and greed they had reached. This was the cause of his downfall, which has involved Sicily in countless sorrows. LETTERS LETTER VII

And he ends by becoming a hater of philosophy, uncivilized, never using the weapon of persuasion — he is like a wild beast, all violence and fierceness, and knows no other way of dealing ; and he lives in all ignorance and evil conditions, and has no sense of propriety and grace. THE REPUBLIC   BOOK III

Those again who are forced, are those whom the violence of some pain or grief compels to change their opinion. THE REPUBLIC BOOK III

And are there not many other cases in which we observe that when a man’s desires violently prevail over his reason, he reviles himself, and is angry at the violence within him, and that in this struggle, which is like the struggle of factions in a State, his spirit is on the side of his reason ; but for the passionate or spirited element to take part with the desires when reason decides that she should not be opposed, is a sort of thing which I believe that you never observed occurring in yourself, nor, as I should imagine, in anyone else ? THE REPUBLIC BOOK IV

Nor can there be a doubt that the younger will not strike or do any other violence to an elder, unless the magistrates command him ; nor will he slight him in any way. For there are two guardians, shame and fear, mighty to prevent him : shame, which makes men refrain from laying hands on those who are to them in the relation of parents ; fear, that the injured one will be succored by the others who are his brothers, sons, fathers. THE REPUBLIC BOOK V

Why, you do not mean to say that the tyrant will use violence ? What ! beat his father if he opposes him ? THE REPUBLIC BOOK VIII