De Stoicorum repugnantiis
Plutarch
Plutarch. Plutarch's Morals, Vol. IV. Goodwin, William W., translator. Boston: Little, Brown, and Company; Cambridge, MA: Press of John Wilson and Son, 1874.
They say, that a good deed is the command, and sin the prohibition of the law; and therefore that the law forbids the wicked many things, but commands them nothing, because they cannot do a good deed. But who is ignorant that he who cannot do a good deed cannot also sin? Therefore they make the law to contradict itself, commanding men those things which they cannot perform, and forbidding them those things from which they cannot abstain. For a man who cannot be temperate cannot but act intemperately; and he who cannot be wise cannot but act foolishly. And they themselves affirm, that those who forbid say one thing, forbid another, and command another. For he who says Thou shalt not steal at the same time that he says these words, Thou shalt not steal, forbids also to steal, and commands not to steal. The law therefore forbids the wicked nothing, unless it also commands them something. And they say, that the physician bids his disciple to cut and cauterize, omitting to add these words, seasonably and moderately; and the musician commands his scholar to play on the harp and sing, omitting tunably and keeping time. Wherefore also they punish those who do these things unskilfully and faultily; for that they were commanded to do them well, and they have done them ill. If therefore a wise man commands his servant to say or do something, and punishes him for doing it unseasonably or not as he ought, is it not manifest that he commanded him to do a good action and not an indifferent one? But if wise men command wicked ones indifferent things, what hinders but the commands of the law may be also such? Moreover, the impulse (called ὁρμή) is according to him, the reason of a man commanding him to do something, as he has written in his book of the law. Is not therefore also the aversion (called ἀφορμή) a prohibiting reason, and a disinclination a disinclination agreeable to reason? Caution therefore is also reason
prohibiting a wise man; for to be cautious is proper only to the wise, and not to the wicked. If then the reason of a wise man is one thing and the law another, wise men have caution contrary to the law; but if the law is nothing else but the reason of a wise man, the law is found to forbid wise men the doing of those things of which they are cautious.