and the traitor should die; and this was just, but
the reverse of honourable. In this way does the
language of the many rend asunder the just and honourable.
‘That is true.’ But is our own language
consistent? I have already said that the evil
are involuntarily evil; and the evil are the unjust.
Now the voluntary cannot be the involuntary; and if
you two come to me and say, ’Then shall we legislate
for our city?’ Of course, I shall reply.—’Then
will you distinguish what crimes are voluntary and
what involuntary, and shall we impose lighter penalties
on the latter, and heavier on the former? Or
shall we refuse to determine what is the meaning of
voluntary and involuntary, and maintain that our words
have come down from heaven, and that they should be
at once embodied in a law?’ All states legislate
under the idea that there are two classes of actions,
the voluntary and the involuntary, but there is great
confusion about them in the minds of men; and the
law can never act unless they are distinguished.
Either we must abstain from affirming that unjust
actions are involuntary, or explain the meaning of
this statement. Believing, then, that acts of
injustice cannot be divided into voluntary and involuntary,
I must endeavour to find some other mode of classifying
them. Hurts are voluntary and involuntary, but
all hurts are not injuries: on the other hand,
a benefit when wrongly conferred may be an injury.
An act which gives or takes away anything is not simply
just; but the legislator who has to decide whether
the case is one of hurt or injury, must consider the
animus of the agent; and when there is hurt, he must
as far as possible, provide a remedy and reparation:
but if there is injustice, he must, when compensation
has been made, further endeavour to reconcile the
two parties. ‘Excellent.’ Where
injustice, like disease, is remediable, there the remedy
must be applied in word or deed, with the assistance
of pleasures and pains, of bounties and penalties,
or any other influence which may inspire man with the
love of justice, or hatred of injustice; and this
is the noblest work of law. But when the legislator
perceives the evil to be incurable, he will consider
that the death of the offender will be a good to himself,
and in two ways a good to society: first, as
he becomes an example to others; secondly, because
the city will be quit of a rogue; and in such a case,
but in no other, the legislator will punish with death.
’There is some truth in what you say. I
wish, however, that you would distinguish more clearly
the difference of injury and hurt, and the complications
of voluntary and involuntary.’ You will
admit that anger is of a violent and destructive nature?
‘Certainly.’ And further, that pleasure
is different from anger, and has an opposite power,
working by persuasion and deceit? ‘Yes.’
Ignorance is the third source of crimes; this is of
two kinds— simple ignorance and ignorance
doubled by conceit of knowledge; the latter, when


