Jowett: voluntary

[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

Soc. Why yes, the end I now dedicate to God, not, however, until I have explained anagke (necessity), which ought to come next, and ekousion (the voluntary). Ekousion is certainly the yielding (eikon) and unresisting — the notion implied is yielding and not opposing, yielding, as I was just now saying, to that motion which is in accordance with our will ; but the necessary and resistant being contrary to our will, implies error and ignorance ; the idea is taken from walking through a ravine which is impassable, and rugged, and overgrown, and impedes motion — and this is the derivation of the word anagkaion (necessary) an agke ion  , going through a ravine. But while my strength lasts let us persevere, and I hope that you will persevere with your questions. CRATYLUS  

Then, said Eryximachus, as you are all agreed that drinking is to be voluntary, and that there is to be no compulsion, I move, in the next place, that the flute-girl, who has just made her appearance, be told to go away and play to herself, or, if she likes, to the women who are within. To-day let us have conversation instead ; and, if you will allow me, I will tell you what sort of conversation. This proposal having been accepted, Eryximachus proceeded as follows : — I will begin, he said, after the manner of Melanippe in Euripides, SYMPOSIUM  

Evil is the vulgar lover who loves the body rather than the soul, inasmuch as he is not even stable, because he loves a thing which is in itself unstable, and therefore when the bloom of youth which he was desiring is over, he takes wing and flies away, in spite of all his words and promises ; whereas the love of the noble disposition is life-long, for it becomes one with the everlasting. The custom of our country would have both of them proven well and truly, and would have us yield to the one sort of lover and avoid the other, and therefore encourages some to pursue, and others to fly ; testing both the lover and beloved in contests and trials, until they show to which of the two classes they respectively belong. And this is the reason why, in the first place, a hasty attachment is held to be dishonourable, because time is the true test of this as of most other things ; and secondly there is a dishonour in being overcome by the love of money, or of wealth, or of political power, whether a man is frightened into surrender by the loss of them, or, having experienced the benefits of money and political corruption, is unable to rise above the seductions of them. For none of these things are of a permanent or lasting nature ; not to mention that no generous friendship ever sprang from them. There remains, then, only one way of honourable attachment which custom allows in the beloved, and this is the way of virtue ; for as we admitted that any service which the lover does to him is not to be accounted flattery or a dishonour to himself, so the beloved has one way only of voluntary service which is not dishonourable, and this is virtuous service. SYMPOSIUM

For we have a custom, and according to our custom any one who does service to another under the idea that he will be improved by him either in wisdom, or, in some other particular of virtue — such a voluntary service, I say, is not to be regarded as a dishonour, and is not open to the charge of flattery. And these two customs, one the love of youth, and the other the practice of philosophy and virtue in general, ought to meet in one, and then the beloved may honourably indulge the lover. For when the lover and beloved come together, having each of them a law, and the lover thinks that he is right in doing any service which he can to his gracious loving one ; and the other that he is right in showing any kindness which he can to him who is making him wise and good ; the one capable of communicating wisdom and virtue, the other seeking to acquire them with a view to education and wisdom, when the two laws of love are fulfilled and meet in one — then, and then only, may the beloved yield with honour to the lover. Nor when love is of this disinterested sort is there any disgrace in being deceived, but in every other case there is equal disgrace in being or not being deceived. For he who is gracious to his lover under the impression that he is rich, and is disappointed of his gains because he turns out to be poor, is disgraced all the same : for he has done his best to show that he would give himself up to any one’s "uses base" for the sake of money ; but this is not honourable. And on the same principle he who gives himself to a lover because he is a good man, and in the hope that he will be improved by his company, shows himself to be virtuous, even though the object of his affection turn out to be a villain, and to have no virtue ; and if he is deceived he has committed a noble error. For he has proved that for his part he will do anything for anybody with a view to virtue and improvement, than which there can be nothing nobler. Thus noble in every case is the acceptance of another for the sake of virtue. This is that love which is the love of the heavenly godess, and is heavenly, and of great price to individuals and cities, making the lover and the beloved alike eager in the work of their own improvement. But all other loves are the offspring of the other, who is the common goddess. To you, Phaedrus  , I offer this my contribution in praise of love, which is as good as I could make extempore. SYMPOSIUM

herein is an excellent proof of her tenderness — that she walks not upon the hard but upon the soft. Let us adduce a similar proof of the tenderness of Love ; for he walks not upon the earth, nor yet upon skulls of men, which are not so very soft, but in the hearts and souls of both god, and men, which are of all things the softest : in them he walks and dwells and makes his home. Not in every soul without exception, for Where there is hardness he departs, where there is softness there he dwells ; and nestling always with his feet and in all manner of ways in the softest of soft places, how can he be other than the softest of all things ? Of a truth he is the tenderest as well as the youngest, and also he is of flexile form ; for if he were hard and without flexure he could not enfold all things, or wind his way into and out of every soul of man undiscovered. And a proof of his flexibility and symmetry of form is his grace, which is universally admitted to be in an especial manner the attribute of Love ; ungrace and love are always at war with one another. The fairness of his complexion is revealed by his habitation among the flowers ; for he dwells not amid bloomless or fading beauties, whether of body or soul or aught else, but in the place of flowers and scents, there he sits and abides. Concerning the beauty of the god I have said enough ; and yet there remains much more which I might say. Of his virtue I have now to speak : his greatest glory is that he can neither do nor suffer wrong to or from any god or any man ; for he suffers not by force if he suffers ; force comes not near him, neither when he acts does he act by force. For all men in all things serve him of their own free will, and where there is voluntary agreement, there, as the laws which are the lords of the city say, is justice. And not only is he just but exceedingly temperate, for Temperance is the acknowledged ruler of the pleasures and desires, and no pleasure ever masters Love ; he is their master and they are his servants ; and if he conquers them he must be temperate indeed. As to courage, even the God of War is no match for him ; he is the captive and Love is the lord, for love, the love of Aphrodite, masters him, as the tale runs ; and the master is stronger than the servant. And if he conquers the bravest of all others, he must be himself the bravest. SYMPOSIUM

Str. And the acquisitive may be subdivided into two parts : there is exchange, which is voluntary and is effected by gifts, hire, purchase ; and the other part of acquisitive, which takes by force of word or deed, may be termed conquest ? SOPHIST

Str. On the principle of voluntary and compulsory. STATESMAN

Str. Then, now, as I said, let us make the correction and divide human care into two parts, on the principle of voluntary and compulsory. STATESMAN

Str. And if we call the management of violent rulers tyranny, and the voluntary management of herds of voluntary bipeds politics, may we not further assert that he who has this latter art of management is the true king and statesman ? STATESMAN

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. But do you suppose that any form of government which is defined by these characteristics of the one, the few, or the many, of poverty or wealth, of voluntary or compulsory submission, of written law or the absence of law, can be a right one ? 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. I say that governments are a cause — democracy, oligarchy, tyranny, concerning which I have often spoken in the previous discourse ; or rather governments they are not, for none of them exercises a voluntary rule over voluntary subjects ; but they may be truly called states of discord, in which while the government is voluntary, the subjects always obey against their will, and have to be coerced ; and the ruler fears the subject, and will not, if he can help, allow him to become either noble, or rich, or strong, or valiant, or warlike at all. These two are the chief causes of almost all evils, and of the evils of which I have been speaking they are notably the causes. But our state has escaped both of them ; for her citizens have the greatest leisure, and they are not subject to one another, and will, I think, be made by these laws the reverse of lovers   of money. Such a constitution may be reasonably supposed to be the only one existing which will accept the education which we have described, and the martial pastimes which have been perfected according to our idea. 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

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

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

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

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

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

The policy which would best serve to secure your real "well-doing" is that which I shall now endeavor as best I can to describe to you. And I hope that my advice will not only be salutary to you (though to you in special), but also [8.352c] to all the Syracusans, in the second place, and, in the third, to your enemies and your foes, unless any of them be a doer of impious deeds ; for such deeds are irremediable and none could ever wash out their stain. Mark, then, what I now say. Now that the tyranny is broken down over the whole of Sicily all your fighting rages round this one subject of dispute, the one party desiring to recover the headship, and the other to put the finishing touch to the expulsion of the tyrants. Now the majority of men always believe that the right advice about these matters [8.352d] is the advising of such action as will do the greatest possible harm to one’s enemies and the greatest possible good to one’s friends ; whereas it is by no means easy to do much harm to others without also suffering in turn much harm oneself. And without going far afield one may see such consequences clearly in the recent events in Sicily itself, where the one faction is trying to inflict injury and the other to ward off the injurers ; and the tale thereof, if ever you told it to others, [8.352e] would inevitably prove a most impressive lesson. Of such policies, one may say, there is no lack ; but as for a policy which would prove beneficial to all alike, foes as well as friends, or at least as little detrimental as possible to either, such a policy is neither easy to discern, nor, when discerned, easy to carry out ; and to advise such a policy or attempt to describe it is much like saying a prayer. Be it so, then, that this is nothing but a prayer (and in truth every man ought always [8.353a] to begin his speaking and his thinking with the gods) ; yet may it attain fulfilment in indicating some such counsel as this : — Now and almost ever since the war began both you and your enemies have been ruled continuously by that one family which your fathers set on the throne in the hour of their greatest distress, when Greek Sicily was in the utmost danger of being entirely overrun by the Carthaginians and barbarized. On that occasion they chose Dionysius because of his youth and warlike prowess to take charge of [8.353b] the military operations for which he was suited, with Hipparinus, who was older, as his fellow-counsellor, appointing them dictators for the safeguarding of Sicily, with the title, as men say, of "tyrants." But whether one prefers to suppose that the cause which ultimately brought about their salvation was divine Fortune and the Deity, or the virtue of the rulers, or possibly the combination of both assisted by the citizens of that age — as to this let everyone form his own notion ; in any case this was the way in which salvation for the men of that generation came about. Seeing, then, that they proved themselves men of such a quality, [8.353c] it is surely right that they should be repaid with gratitude by all those whom they saved. But if in after times the tyrant’s house has wrongly abused the bounty of the city, the penalty for this it has suffered in part, and in part it will have to pay. What, then, is the penalty rightly to be exacted from them under existing circumstances ? If you were able to get quit of them easily, without serious dangers and trouble, or if they were able to regain the empire without difficulty, then, in either case, it would not have been possible for me so much as to offer the advice which I am now about to utter ; but as it is, both of you ought to bear in mind [8.353d] and remember how many times each party has hopefully imagined that it lacked but a little of achieving complete success almost every time ; and, what is more, that it is precisely this little deficiency which is always turning out to be the cause of great and numberless evils. And of these evils no limit is ever reached, but what seems to be the end of the old is always being linked on to the beginning of a new brood ; and because of this endless chain of evil [8.353e] the whole tribe of tyrants and democrats alike will be in danger of destruction. But should any of these consequences — likely as they are though lamentable — come to pass, hardly a trace of the Greek tongue will remain in all Sicily, since it will have been transformed into a province or dependency of Phoenicians or Opicians. Against this all the Greeks must with all zeal provide a remedy. If, therefore, any man knows of a remedy that is truer and better than that which I am now about to propose, [8.354a] and puts it openly before us, he shall have the best right to the title "Friend of Greece." The remedy, however, which commends itself to me I shall now endeavor to explain, using the utmost freedom of speech and a tone of impartial justice. For indeed I am speaking somewhat like an arbitrator, and addressing to the two parties, the former despot and his subjects, as though each were a single person, the counsel I gave of old. And now also my word of advice to every despot would be that he should shun the despot’s title and his task, and change his despotism for kingship. [8.354b] That this is possible has been actually proved by that wise and good man Lycurgus ; for when he saw that the family of his kinsmen in Argos and in Messene had in both cases destroyed both themselves and their city by advancing from kingship to despotic power, he was alarmed about his own city as well as his own family, and as a remedy he introduced the authority of the Elders and of the Ephors to serve as a bond of safety for the kingly power ; and because of this they have already been kept safe [8.354c] and glorious all these generations since Law became with them supreme king over men instead of men being despots over the laws. And now also I urgently admonish you all to do the same. Those of you who are rushing after despotic power I exhort to change their course and to flee betimes from what is counted as "bliss" by men of insatiable cravings and empty heads, and to try to transform themselves into the semblance of a king, and to become subject to kingly laws, owing their possession of the highest honors to the voluntary goodwill of the citizens and to the laws. And [8.354d] I should counsel those who follow after the ways of freedom, and shun as a really evil thing the yoke of bondage, to beware lest by their insatiable craving for an immoderate freedom they should ever fall sick of their forefathers’ disease, which the men of that time suffered because of their excessive anarchy, through indulging an unmeasured love of freedom. For the Siceliots of the age before Dionysius and Hipparinus began to rule were living blissfully, as they supposed, being in luxury and ruling also over their rulers ; and they even stoned to death the ten generals [8.354e] who preceded Dionysius, without any legal trial, to show that they were no slaves of any rightful master, nor of any law, but were in all ways altogether free. Hence it was that the rule of the despots befell them. For as regards both slavery and freedom, when either is in excess it is wholly evil, but when in moderation wholly good ; and moderate slavery consists in being the slave of God, immoderate, in being the slave of men ; [8.355a] and men of sound sense have Law for their God, but men without sense Pleasure. Since these things are naturally ordained thus, I exhort Dion’s friends to declare what I am advising to all the Syracusans, as being the joint advice both of Dion and myself ; and I will be the interpreter of what he would have said to you now, were he alive and able to speak. "Pray then," someone might say, "what message does the advice of Dion declare to us concerning the present situation ?" It is this : "Above all else, O ye Syracusans, accept such laws [8.355b] as do not appear to you likely to turn your minds covetously to money-making and wealth ; but rather — since there are three objects, the soul, the body, and money besides, — accept such laws as cause the virtue of the soul to be held first in honor, that of the body second, subordinate to that of the soul, and the honor paid to money to come third and last, in subjection to both the body and the soul. The ordinance which effects this [8.355c] will be truly laid down by you as law, since it really makes those who obey it blessed ; whereas the phrase which terms the rich "blessed" is not only a miserable one in itself, being the senseless phrase of women and children, but also renders those who believe it equally miserable. That this exhortation of mine is true you will learn by actual experience if you make trial of what I am now saying concerning laws ; for in all matters experience is held to be the truest test. And when you have accepted laws of this kind, inasmuch as [8.355d] Sicily is beset with dangers, and you are neither complete victors nor utterly vanquished, it will be, no doubt, both just and profitable for you all to pursue a middle course — not only those of you who flee from the harshness of the tyranny, but also those who crave to win back that tyranny — the men whose ancestors in those days performed the mightiest deed in saving the Greeks from the barbarians, with the result that it is possible for us now to talk about constitutions ; whereas, if they had then been ruined, no place would have been left at all for either talk or hope. So, then, let the one party of you gain freedom by the aid of kingly rule, [8.355e] and the other gain a form of kingly rule that is not irresponsible, with the laws exercising despotic sway over the kings themselves as well as the rest of the citizens, in case they do anything illegal. On these conditions set up kings for all of you, by the help of the gods and with honest and sound intent, — my own son first in return for twofold favors, namely that conferred by me and that conferred by my father ; for he delivered the city from barbarians in his own day, while I, in the present day, have twice delivered it from tyrants, [8.356a] whereof you yourselves are witnesses. And as your second king create the man who possesses the same name as my father and is son to Dionysius, in return for his present assistance and for his pious disposition ; for he, though he is sprung from a tyrant’s loins, is in act of delivering the city of his own free will, gaining thereby for himself and for his race everlasting honor in place of a transitory and unrighteous tyranny. And, thirdly, you ought to invite to become king of Syracuse — as willing king of a willing city — him who is now [8.356b] commander of your enemies’ army, Dionysius, son of Dionysius, if so be that he is willing of his own accord to transform himself into a king, being moved thereto by fear of fortune’s changes, and by pity for his country and the untended state of her temples and her tombs, lest because of his ambition he utterly ruin all and become a cause of rejoicing to the barbarians. And these three, — whether you grant them the power of the Laconian kings or curtail that power by a common agreement, — you should establish as kings in some such manner as the following, [8.356c] which indeed has been described to you before, yet listen to it now again. If you find that the family of Dionysius and Hipparinus is willing to make an end of the evils now occurring in order to secure the salvation of Sicily provided that they receive honors both in the present and for the future for themselves and for their family, then on these terms, as was said before, convoke envoys empowered to negotiate a pact, such men as they may choose, whether they come from Sicily or from abroad or both, and in such numbers as may be mutually agreed. [8.356d] And these men, on their arrival, should first lay down laws and a constitution which is so framed as to permit the kings to be put in control of the temples and of all else that fitly belongs to those who once were benefactors. And as controllers of war and peace they should appoint Law-wardens, thirty-five in number, in conjunction with the People and the Council. And there should be various courts of law for various suits, but in matters involving death or exile the Thirty-five should form the court ; and in addition to these there should be judges selected [8.356e] from the magistrates of each preceding year, one from each magistracy — the one, that is, who is approved as the most good and just ; and these should decide for the ensuing year all cases which involve the death, imprisonment or transportation of citizens ; and it should not be permissible for a king to be a judge of such suits, but he, like a priest, [8.357a] should remain clean from bloodshed and imprisonment and exile. This is what I planned for you when I was alive, and it is still my plan now. With your aid, had not Furies in the guise of guests prevented me, I should then have overcome our foes, and established the State in the way I planned ; and after this, had my intentions been realized, I should have resettled the rest of Sicily by depriving the barbarians of the land they now hold — excepting those who fought in defence of the common liberty against the tyranny — [8.357b] and restoring the former occupiers of the Greek regions to their ancient and ancestral homes. And now likewise I counsel you all with one accord to adopt and execute these same plans, and to summon all to this task, and to count him who refuses as a common enemy. Nor is such a course impossible ; for when plans actually exist in two souls, and when they are readily perceived upon reflection to be the best, he who pronounces such plans impossible is hardly a man of understanding. And by the "two souls" [8.357c] I mean the soul of Hipparinus the son of Dionysius and that of my own son ; for should these agree together, I believe that all the rest of the Syracusans who have a care for their city will consent. Well then, when you have paid due honor, with prayer, to all the gods and all the other powers to whom, along with the gods, it is due, cease not from urging and exhorting both friends and opponents by gentle means and every means, until, like a heaven-sent dream presented to waking eyes, [8.357d] the plan which I have pictured in words be wrought by you into plain deeds and brought to a happy consummation." LETTERS LETTER VIII

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

One which is the next best, and has the advantage of compelling the citizens to look to their characters : Let there be a general rule that everyone shall enter into voluntary contracts at his own risk, and there will be less of this scandalous moneymaking, and the evils of which we were speaking will be greatly lessened in the State. THE REPUBLIC BOOK VIII

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