De Specialibus Legibus (lib. i‑iv)

Let them, therefore, at once send out heralds to invite the enemy to an agreement, and at the same time let them display the power and considerable character of the force which is encamped; and if the enemy, repenting of the evil designs which they had conceived, submit and turn to peace in any manner, [*]( Deuteronomy xx. 1.)

But if they persevere in their folly, and push it further, acting with audacity, then let our people, display vigorous confidence, relying also on the invincible alliance of justice, and so let them advance, placing their destructive engines against the walls, and when they have made a breach in some part of them let them all enter in together; and shooting with their spears with correct aim, and brandishing their swords, and slaying the enemies all around, let them repel them unshrinkingly, inflicting upon them what they were intended to suffer themselves,

until they have overthrown the whole army arrayed against them, every man of them, and taken their silver, and their gold, and all the booty. And let them bring fire against their city, and burn it so that it may never, after an interval of rest, again raise its head and excite wars and tumults, with the view also of terrifying and warning the neighbouring states, since it is by the calamities of others that men are taught to act with moderation. But let them suffer the maidens and the women to go free, inasmuch as they did not expect to suffer any of the evils which war brings upon men at their hands, as they are exempt from all military service through their natural weakness.

From all which it is plain that the nation of the Jews is allied with and friendly to all those who are of the same sentiments, and all who are peaceful in their intentions; and that it is not to be despised as one that submits to those who begin to treat it with injustice out of cowardice; but when it goes forth to defend itself, it distinguishes between those who are habitually plotting against it and those who are not;

for to be eager to slay all men, and even those who have committed but slight offences, or no offences at all against one, I should call the conduct of an inhuman and pitiless soul, as it would be also to treat women as if they were an addition to the men who carry on war, when their way of life is naturally peaceful and domestic.

But our lawgiver implants such a love of justice in all men who live under the institution which he has established, that he does not permit them to injure the fertile land of even an hostile city by ravaging it, or by cutting down the trees, so as

"For why," says he, "do you bear a grudge against inanimate things, which are in their nature quiet, and which produce wholesome fruits? Does the tree, my friend, display the hostile spirit of a man that is an enemy, so that you are to tear it up by the roots in retaliation for the evils which it has inflicted, or which it has designed to inflict upon you?

On the contrary, it assists you, bestowing on you, when you are victorious, an abundance of necessary food, and of supplies which conduce to rendering life happy and luxurious; for it is not men alone who contribute revenues to their lords, but plants offer even more useful tribute at the fixed seasons of the year, a tribute without which man cannot live."

But there is no prohibition against their cutting down those trees which are barren and unproductive, and which are not cultivated for food, for the purpose of making staves, or poles, or posts, or fences; and, when occasion requires, ladders, and engines, and wooden towers; for the chief use of these kinds of trees is for such and other similar purposes.

We have now enumerated the matters which belong to justice; but as for justice itself, what poet or orator could celebrate it, in worthy terms, since it is beyond all panegyric and all praise? At all events, there is one most important good thing belonging to it, [*]( The text has εὐμένεια, which Mangey pronounces corrupt.) which, even if one were to pass over and be silent about all its other parts, would be an all-sufficient panegyric on it;

for this is the principle of equality, which is, as those who have accurately investigated the secrets of nature have handed down to us, the mother of justice; and equality is a light which is never shaded; the sun (if one must speak the plain truth) appreciable by the intellect alone, since inequality, on the contrary, in which that which is superior and that which is inferior are both found, is the beginning and source of darkness;

it is equality which, by its unchangeable laws and ordinances, has arranged, in their present beautiful order, all the things in heaven and earth; for who is there who does not know this fact, that the days are measured in due proportion to the nights, and the nights in due proportion to the days, by the sun, according to the equality of proportionate distances?

Nature, therefore, has marked out those periods in every [*]( The text has εὐμένεια, which Mangey pronounces corrupt.)

Again, are not the periods of the moon, as she advances and retraces her course, from a crescent to a full circle, and again, from a complete orb to a crescent, also measured by an equality of distances? For as great and as long as the period and amount of her increase is, so also is her diminution, in both respects, as to magnitude and duration, as to the number of days and the size of her orb.

And as, in that purest of all essences, heaven, equality is honoured with especial honours, so also is she in the neighbour of heaven, the air. For as the year is portioned out into four divisions, the air is formed by nature to endure changes and alterations at what are called the seasons of the year, and it displays an indescribable regularity in its irregularity; for as the atmosphere is divided by an equal number of months into winter, and spring, and summer, and autumn, it completes the whole year by allotting three months to each season; as, in fact, the very name of the year (ἐνιαυτός) intimates. For it in itself (αὐτὸς ἐν αὐτῷ) contains everything, being complete in itself, though otherwise it would not be able to effect this, if it were not aided by the regular revolutions of the seasons of the year.

Again, this same equality extends from the heavenly bodies, and from those which are raised on high, to the things upon earth, raising on high its own pure nature, which is akin to the air, and sending downwards its beams like the sun, as a sort of secondary light,

for all the things which are inharmonious or irregular among us are caused by inequality, and all those which have in them that regularity which becomes them are the work of equality, which, in the universal essence of the universe, one may fairly call the world, and in cities one may entitle it that best regulated and most excellent of all constitutions, democracy, and in bodies health, and in souls virtue.

For, on the contrary, inequality is the cause of diseases and wickednesses; and the existence of the longest lived man of the human race would fail, if he were to attempt to