accompanied with power, is a source of terrible errors,
but is excusable when only weak and childish.
‘True.’ We often say that one man
masters, and another is mastered by pleasure and anger.
‘Just so.’ But no one says that one
man masters, and another is mastered by ignorance.
‘You are right.’ All these motives
actuate men and sometimes drive them in different
ways. ‘That is so.’ Now, then,
I am in a position to define the nature of just and
unjust. By injustice I mean the dominion of anger
and fear, pleasure and pain, envy and desire, in the
soul, whether doing harm or not: by justice I
mean the rule of the opinion of the best, whether in
states or individuals, extending to the whole of life;
although actions done in error are often thought to
be involuntary injustice. No controversy need
be raised about names at present; we are only desirous
of fixing in our memories the heads of error.
And the pain which is called fear and anger is our
first head of error; the second is the class of pleasures
and desires; and the third, of hopes which aim at true
opinion about the best;—this latter falls
into three divisions (i.e. (1) when accompanied by
simple ignorance, (2) when accompanied by conceit of
wisdom combined with power, or (3) with weakness),
so that there are in all five. And the laws relating
to them may be summed up under two heads, laws which
deal with acts of open violence and with acts of deceit;
to which may be added acts both violent and deceitful,
and these last should be visited with the utmost rigour
of the law. ‘Very properly.’
Let us now return to the enactment of laws. We
have treated of sacrilege, and of conspiracy, and
of treason. Any of these crimes may be committed
by a person not in his right mind, or in the second
childhood of old age. If this is proved to be
the fact before the judges, the person in question
shall only have to pay for the injury, and not be punished
further, unless he have on his hands the stain of
blood. In this case he shall be exiled for a
year, and if he return before the expiration of the
year, he shall be retained in the public prison two
years.
Homicides may be divided into voluntary and involuntary:
and first of involuntary homicide. He who unintentionally
kills another man at the games or in military exercises
duly authorized by the magistrates, whether death
follow immediately or after an interval, shall be acquitted,
subject only to the purification required by the Delphian
Oracle. Any physician whose patient dies against
his will shall in like manner be acquitted. Any
one who unintentionally kills the slave of another,
believing that he is his own, with or without weapons,
shall bear the master of the slave harmless, or pay
a penalty amounting to twice the value of the slave,
and to this let him add a purification greater than
in the case of homicide at the games. If a man
kill his own slave, a purification only is required
of him. If he kill a freeman unintentionally,