Laws

Ath. The lawgiver will realize that in all such cases not only is it better for the sinners themselves to live no longer, but also that they will prove of a double benefit to others by quitting life—since they will both serve as a warning to the rest not to act unjustly, and also rid the State of wicked men,[*](Cp. Plat. Laws 957e, Plat. Rep. 410a)—and thus he will of necessity inflict death as the chastisement for their sins, in cases of this kind, and of this kind only.

Clin. What you have said seems very reasonable; but we should be glad to hear a still clearer statement respecting the difference between injury and injustice, and how the distinction between the voluntary and the involuntary applies in these cases.

Ath. I must endeavor to do as you bid me, and explain the matter. No doubt in conversing with one another you say and hear said at least thus much about the soul, that one element in its nature (be it affection or part) is passion, which is an inbred quality of a contentious and pugnacious kind, and one that overturns many things by its irrational force.

Clin. Of course.

Ath. Moreover, we distinguish pleasure from passion, and we assert that its mastering power is of an opposite kind, since it effects all that its intention desires by a mixture of persuasion and deceit.

Clin. Exactly.

Ath. Nor would it be untrue to say that the third cause of sins is ignorance.[*](Cp. Plat. Laws 864d., Plat. Laws 908e; Aristot. Nic. Eth. 1110b.18 ff.) This cause, however, the lawgiver would do well to subdivide into two, counting ignorance in its simple form to be the cause of minor sins, and in its double form—where the folly is due to the man being gripped not by ignorance only, but also by a conceit of wisdom,[*](Cp. Plat. Laws 732a, Plat. Phileb. 48e.) as though he had full knowledge of things he knows nothing at all about,—counting this to be the cause of great and brutal sins when it is joined with strength and might, but the cause of childish and senile sins when it is joined with weakness; and these last he will count as sins and he will ordain laws, as for sinners, but laws that will be, above all others, of the most mild and merciful kind.

Clin. That is reasonable.

Ath. And pretty well everyone speaks of one man being superior, another inferior, to pleasure or to passion; and they are so.

Clin. Most certainly.

Ath. But we have never heard it said that one man is superior, another inferior, to ignorance.[*](i.e. ignorance is not regarded as an active force (like passion or pleasure) capable of opposing reason and tyrannizing over the soul.)

Clin. Quite true.

Ath. And we assert that all these things urge each man often to go counter to the actual bent of his own inclination.

Clin. Very frequently.

Ath. Now I will define for you, clearly and without complication, my notion of justice and injustice. The domination of passion and fear and pleasure and pain and envies and desires in the soul, whether they do any injury or not, I term generally injustice; but the belief in the highest good— in whatsoever way either States or individuals think they can attain to it,—if this prevails in their souls and regulates every man, even if some damage be done, we must assert that everything thus done is just, and that in each man the part subject to this governance is also just, and best for the whole life of mankind, although most men suppose that such damage is an involuntary injustice. But we are not now concerned with a verbal dispute. Since, however, it has been shown that there are three kinds of sinning, we must first of all recall these still more clearly to mind. Of these, one kind, as we know, is painful; and that we term passion and fear.[*](Cp.Plat. Phileb. 40d, Plat. Phileb. 40e.)

Clin. Quite so.

Ath. The second kind consists of pleasure and desires; the third, which is a distinct kind, consists of hopes and untrue belief regarding the attainment of the highest good. And when this last kind is subdivided into three,[*](Cp. Plat. Laws 863c, Plat. Laws 863d.) five classes are made, as we now assert; and for these five classes we must enact distinct laws, of two main types.

Clin. What are they?

Ath. The one concerns acts done on each occasion by violent and open means, the other acts done privily under cover of darkness and deceit, or sometimes acts done in both these ways,—and for acts of this last kind the laws will be most severe, if they are to prove adequate.

Clin. Naturally.

Ath. Let us revert next to that point from which we digressed,[*](i.e. Plat. Laws 857b.) and proceed with our enactment of the laws. We had, I believe, laid down the laws dealing with those who plunder the gods and with traitors, and also with those who wreck the laws with intent to overthrow the existing constitution. An act of this kind a man might commit when mad, or when suffering from some disease or from excessive senility, or in a state of childishness, whereby he is no better than a madman. If any case of this kind is ever brought to the notice of the selected judges, either on the information of the doer of the act or on that of him who is pleading for the doer, and if it be judged that he was in this state of madness when he broke the law, then he shall certainly pay for the damage he has done, but only the exact sum, and he shall be acquitted of the other charges, unless it be that he has killed a man and has not purged his hands from blood: in this case he shall depart into another country and place, and dwell there as an exile for a year; and should he return within the time fixed by the law or set foot at all within his own country, he shall be put in the public jail by the Law-wardens for the space of two years, and not let out of jail until after that time.

Ath. We need not hesitate to enact laws about every class of murder on similar lines, now that we have made a beginning. First we shall deal with the cases that are violent and involuntary. If a man has killed a friend in a contest or in public games—whether his death has been immediate or as the after-effect of wounds,—or similarly if he has killed him in war or in some action of training for war, either when practicing javelin-work without armor or when engaged in some warlike maneuver in heavy armor,—then, when he has been purified as the Delphic rule on this matter directs, he shall be accounted pure. So too with respect to all doctors, if the patient dies against the will of his doctor, the doctor shall be accounted legally pure. And if one man kills another of his own act, but involuntarily,—whether it be with his own unarmed body, or by a tool or a weapon, or by a dose of drink or of solid food, or by application of fire or of cold, or by deprivation of air, and whether he does it himself with his own body or by means of other bodies,— in all cases it shall be accounted to be his own personal act, and he shall pay the following penalties. If he kill a slave, he shall secure the master against damage and loss, reckoning as if it were a slave of his own that had been destroyed, or else he shall be liable to a penalty of double the value of the dead man,—and the judges shall make an assessment of his value,—and he must also employ means of purification greater and more numerous than those employed by persons who kill a man at games, and those interpreters[*](Cp. Plat. Laws 759c.) whom the oracle names shall be in charge of these rites; but if it be a slave of his own that he has killed, he shall be set free after the legal purification. And if anyone kill a free man involuntarily, he shall undergo the same purifications as the man that has killed a slave; and there is an ancient tale, told of old, to which he must not fail to pay regard. The tale is this,—that the man slain by violence, who has lived in a free and proud spirit, is wroth with his slayer when newly slain, and being filled also with dread and horror on account of his own violent end, when he sees his murderer going about in the very haunts which he himself had frequented, he is horror-stricken; and being disquieted himself, he takes conscience as his ally, and with all his might disquiets his slayer—both the man himself and his doings. Wherefore it is right for the slayer to retire before his victim for a full year, in all its seasons, and to vacate all the spots he owned in all parts of his native land;

Ath. and if the dead man be a Stranger, he shall be barred also from the Stranger’s country for the same period. If a man willingly obeys this law, he that is nearest of kin to the dead man, having the supervision of the performance of all these rules, shall pardon him and live at peace with him, and in doing so he will be acting with perfect propriety; but if a man disobeys, and dares, in the first place, to approach the altars and to do sacrifice while still unpurified, and if he refuses, further, to fulfil the times appointed in exile, then the next of kin to the dead man shall prosecute the slayer for murder, and in case of conviction all the penalties shall be doubled. And should the nearest relative fail to prosecute for the crime, it shall be as though the pollution had passed on to him, through the victim claiming atonement for his fate; and whoso pleases shall bring a charge against him, and compel him by law to quit his country for five years. And if a Stranger involuntarily kills a Stranger who is resident in the State, whoso pleases shall prosecute him under the same laws; and if he be a resident alien, he shall be exiled for a year, while if he be altogether a Stranger—whether the man slain be a Stranger or resident alien or citizen—in addition to the purifications imposed, he shall be barred for all his life from the country which ordains these laws; and if he transgresses the law, and comes back to it, the Law-wardens shall punish him with death; and if he has any property, they shall hand it over to the next of kin of the victim. And should he come back unwillingly, in case he be shipwrecked off the coast of the country, he shall camp with his feet in the sea, and watch for a ship to take him off; or in case he be brought in by people forcibly by land, the first magistrate of the State that meets with him shall loose him, and send him out over the border unharmed. If a person with his own hand kills a free man, and the deed be done in passion, in a case of this kind we must begin by making a distinction between two varieties of the crime. For murder is committed in passion by those who, on a sudden and without intent to kill, destroy a man by blows or some such means in an immediate attack, when the deed is at once followed by repentance; and it is also a case of murder done in passion whenever men who are insulted by shameful words or actions seek for vengeance, and end by killing a man with deliberate intent to kill, and feel no repentance for the deed.

Ath. We must lay it down, as it seems, that these murders are of two kinds, both as a rule done in passion, and most properly described as lying midway between the voluntary and the involuntary. None the less, each of these kinds tends to resemble one or other of these contraries; for the man who retains his passion and takes vengeance, not suddenly on the spur of the moment, but after lapse of time, and with deliberate intent, resembles the voluntary murderer; whereas the man who does not nurse his rage, but gives way to it at once on the spur of the moment and without deliberate intent, has a likeness to the involuntary murderer; yet neither is he wholly involuntary, but bears a resemblance thereto. Thus murders done in passion are difficult to define,—whether one should treat them in law as voluntary or involuntary. The best and truest way is to class them both as resemblances, and to distinguish them by the mark of deliberate intent or lack of intent, and to impose more severe penalties on those who slay with intent and in anger, and milder penalties on those who do so without intent and on a sudden. For that which resembles a greater evil must be more heavily punished, that which resembles a lesser evil more lightly. So our laws also must do likewise.

Clin. They must, most certainly.

Ath. Returning, then, to our task, let us make this pronouncement:—If a man with his own hand slay a free man, and the deed be done in rage without deliberate intent, he shall suffer such other penalties as it is proper for the man to suffer who has slain without passion, and he shall be compelled to go into exile for two years, thereby chastising his own passion. And he that slays in passion and with deliberate intent shall be treated in other respects like the former, but shall be exiled for three years—instead of two, like the other,—receiving a longer period of punishment because of the greatness of his passion. As regards the return home, in such cases it shall be on this wise. (It is a difficult matter to legislate for with exactness; for sometimes the more dangerous of the two murderers in the eye of the law might prove the more gentle and the gentler the more dangerous, and the latter might have committed the murder more savagely, the former more gently; though as a rule matters turn out in the way we have stated: so, regarding all these regulations the Law-wardens must act as supervisors). When the period of exile in each case has elapsed, they must send twelve of their number to the borders of the country to act as judges—they having made during the interval a still closer investigation into the actions of the exiles;

Ath. and these men shall serve also as judges in regard to the matter of giving them pardon and admitting them back; and the exiles must abide by the verdicts of these magistrates. And if either of them, after his return, again yields to rage and commits the same act, he shall be exiled, and never again return; and if he returns, he shall suffer the same fate as the returned Stranger.[*](Cp. Plat. Laws 855c.) He that slays a slave of his own shall purify himself; and if he kill another man’s slave in rage, he shall pay to the owner twice the damage. And if anyone of all these types of slayers disobeys the law and, being unpurified, defiles the market and the games and other sacred assemblies, whoso pleases shall prosecute both that member of the dead man’s kindred who permits this and the slayer himself, and shall compel the one of them to exact, and the other to pay, double the amount of the money-fines and of the other exactions[*](Such as the costs of the purification-rites.); and the sum so paid he shall keep for himself as the law directs. If a slave kills his own master in rage, the kindred of the dead man shall treat the slayer how they please,—save that they must not in any wise let him live,—and shall be held guiltless. And if a slave kill a free man (other than his master) in rage, his masters shall hand over the slave to the kindred of the dead man, and they shall be compelled to put the criminal to death, doing so in whatever manner they choose. If in a fit of rage a father or mother slays a son or daughter by means of blows or some kind of violence,—an occurrence which, though rare, does sometimes happen,—the slayer must make the same purifications as the other slayers, and be exiled for three years; and when the slayers have returned, the wife must be separated from the husband and the husband from the wife, and they must never again have a child, nor shall they ever share a home with those whom the slayer has robbed of child or brother, nor shall they take part in their worship; he that is disobedient and impious concerning this matter shall be liable to an action for impiety at the hands of whoso pleases. And if a husband in a fit of rage kills his wedded wife, or if a wife in like manner kills her husband, they must undergo the same purifications, and remain exiled for three years. And when one who has committed such a crime returns, he shall never take part in worship with his children, nor sit at table with them; and if either the parent or the child disobeys, he shall be liable to a charge of impiety at the hands of whoso pleases.

Ath. And if in rage a brother kill a brother or a sister, or a sister kill a brother or a sister, it shall be declared that they must undergo the same purifications and banishment as have been ordained for parents and children,—namely, that the homicide shall never share in the house or in the worship of those brothers or parents whom he has robbed of brothers or of children; and if anyone disobeys, he will rightly and justly be liable to the law laid down concerning such cases of impiety. If any man gets into such an uncontrollable rage with his parents as actually to dare to kill a parent in the madness of his rage, then, in case the dead person before dying voluntarily acquits the culprit of murder, he shall be held pure, after he has purified himself in the same manner as those who have committed an involuntary murder, and done as they in all other respects; but in case the dead person does not so acquit him, then he that has done such a deed is liable to a number of laws: for outrage he will be liable to most heavy penalties, and likewise for impiety and temple-robbing, since he has robbed his parent of life; so that if to die a hundred deaths were possible for any one man, that a parricide or a matricide, who did the deed in rage, should undergo a hundred deaths would be a fate most just. Since every law will forbid the man to kill father or mother, the very authors of his existence, even for the sake of saving his own life, and will ordain that he must suffer and endure everything rather than commit such an act,— in what other way than this can such a man be fittingly dealt with by law, and receive his due reward? Be it enacted, therefore, that for the man who in rage slays father or mother the penalty is death. If a brother kill a brother in fight during a civil war, or in any such way, acting in self-defence against the other, who first started the brawl, he shall be counted as one who has slain an enemy, and be held guiltless; so too, when a citizen has killed a citizen in like manner, or a Stranger a Stranger. And if a citizen kill a Stranger in self-defence, or a Stranger a citizen, he shall be accounted pure in the same way. So likewise, if a slave kill a slave; but if a slave kill a free man in self-defence, he shall be liable to the same laws as he that kills a father. And what has been said about remission of the charge in the case of the murder of a father shall hold equally good in all such cases—if any man voluntarily acquit any culprit of this charge, the purifications for the culprit shall be made as though the murder were involuntary, and one year of exile shall be imposed by law. Let us take this as an adequate statement respecting murder-cases that involve violence, and are involuntary and done in passion. Next to these we must state the regulations regarding such acts when voluntary and involving iniquity of all kinds and premeditated,—acts caused by yielding to pleasure or lust or envy.

Clin. You are right.

Ath. First, let us once more state, as best we can, how many these causes are likely to be. The greatest is lust, which masters a soul that is made savage by desires; and it occurs especially in connection with that object for which the most frequent and intense craving afflicts the bulk of men,—the power which wealth possesses over them, owing to the badness of their nature and lack of culture, to breed in them countless lustings after its insatiable and endless acquisition. And of this lack of culture the cause is to be found in the ill-praising of wealth in the common talk of both Greeks and barbarians; for by exalting it as the first of goods,[*](Cp. Plat. Laws 697b, Plat. Laws 831c; Aristot. Pol. 1323a.25 ff; Aristot. Nic. Eth. 1098 b 13 ff.) when it should come but third, they ruin both posterity and themselves. The noblest and best course of all in all States is that the truth should be stated about wealth,—namely, that it exists for the sake of the body, and the body for the sake of the soul; so that, while the objects for which it really exists are goods, yet wealth itself will come third, after goodness of body and of soul. So this law will serve as an instructor, to teach that the man who intends to be happy must seek not to be wealthy, but to be justly and temperately wealthy; and if this were so, no murders that needed purging by murders would occur in States. But, as things now stand, this love of riches is—as we said[*](Plat. Laws 831c; cp. Aristot. Pol. 1271a.17.) when we began this subject—one cause, and a very great cause, which produces the most serious of trials for willful murder. A second cause is the temper of the ambitious soul, which breeds envies that are dangerous associates for the man that feels the envy, in the first place, and dangerous also for the best citizens in the State. Thirdly, fears bred of cowardice and iniquity have wrought many murders,—in cases where men do or have done things concerning which they desire that no one should share their secret; consequently, if there are any who might expose their secret, they remove them by death, whenever they can do so by no other means. Concerning all these matters, the preludes mentioned shall be pronounced, and, in addition to them, that story which is believed by many when they hear it from the lips of those who seriously relate such things at their mystic rites,—that vengeance for such acts is exacted in Hades,[*](Cp. Plat. Laws 722d: whereas the law coerces, its prelude seeks to persuade.) and that those who return again to this earth[*](This implies the (Pythagorean) doctrine of re-incarnation: cp. Plat. Laws 904c, Plat. Rep. 614e ff., Plat. Tim. 90e ff.) are bound to pay the natural penalty,—each culprit the same, that is, which he inflicted on his victim,—and that their life on earth must end in their meeting a like fate at the hands of another.

Ath. To him who obeys, and fully dreads such a penalty, there is no need to add to the prelude by reciting the law on the subject; but to the disobedient this is the law which shall be stated in the written code:—Whosoever of deliberate intent and unjustly slays with his own hand any of the tribesmen shall, in the first place, be debarred from the lawful assemblies, and shall not defile either temples or market or harbors or any other place of meeting, whether or not any person warns off the doer of such deeds—for he is warned off by the law, which is, and always will continue, warning him thus publicly, on behalf of the whole State; and the man who fails to prosecute him when he ought, or fails to warn him of the fact that he is thus debarred, if he be of kin to the dead man on either the male or female side, and not further removed than a cousin,[*](Cp. Plat. Laws 877c Plat. Laws 877d.) shall, first, receive upon himself the defilement and the wrath of the gods, since the curse of the law brings also upon him that of the divine voice, and, secondly, he shall be liable to the action of whosoever pleases to punish him on behalf of the dead man. And he that wishes to punish him shall duly perform all that concerns the observance of the purifications proper therefore, and whatsoever else the god prescribes as lawful in these cases, and he shall recite the pronouncement of warning; and thus he shall go and compel the culprit to submit to the execution of the penalty according to law. That it is necessary that these proceedings should be accompanied by certain invocations and sacrifices to those gods whose concern it is that murders should not occur in States, it is easy for the lawgiver to demonstrate: who these gods are, and what method for bringing such prosecutions would be the most correct in point of ritual,—this the Law-wardens, in conjunction with the interpreters and seers and with the god, shall ordain; and so they shall bring these prosecutions. And the judges in these cases shall be the same persons who form—as we described[*](Plat. Laws 855c.)—the final court of trial for robbers of temples. He that is convicted shall be punished by death, and he shall not be buried in the land of the victim, because of the shamelessness as well as impiety of his act. If the culprit flees and refuses to come up for judgment, he shall be exiled with an unending exile; and if any such person sets foot in the country of the murdered man, he of the dead man’s relatives or of the citizens that first meets with him shall slay him with impunity, or else bind him and hand him over to those magistrates who have judged the case, to be slain. The prosecutor, in a murder-charge, must at once demand bail from the defendant; and the latter shall provide three substantial securities—as approved by the court of the judges in such cases—, who guarantee to produce him at the trial; and if a man be unwilling or unable to provide these sureties, the court must take, bind and keep him, and produce him at the trial of the case.

Ath. If a man does not slay another with his own hand, but plots death for him, and after killing him by design and plotting resides in the State, being responsible for the murder and not innocent or pure of heart in respect of it,—in his case the prosecutions on this charge shall proceed in the same way, except in the matter of bail. And the person convicted shall be allowed to have burial at home; but all else shall be carried out in his case in the same way as in the case last described. And these same regulations shall govern all cases where Strangers are at law with Strangers, or citizens and Strangers at law with each other, or slaves with slaves, in respect both of actual murder and of plotting to murder, except as regards bail; and as to this, just as it has been said that the actual murderers must be secured by guarantors, so these persons too must provide security to the person who proclaims the murder. If a slave willfully slay a free man, either by his own hand or by plotting, and be convicted at the trial, the public executioner of the State shall drag him in the direction of the tomb of the dead man to a spot from which he can see the tomb, and there scourge him with as many stripes as the prosecutor shall prescribe; and if the murderer be still alive after the beating, he shall put him to death. And if a man kill a slave when he is doing no wrong, actuated by fear lest the slave should expose his own foul and evil deeds, or for any other such reason, just as he would have been liable to a charge of murder for slaying a citizen, so likewise he shall be liable in the same way for the death of such a slave. Should cases occur of a kind for which it is a formidable and most unwelcome task to legislate, and yet impossible not to legislate,—such as murders of kinsfolk, either by a man’s own hand or by plotting, which are wholly willful and wicked,—crimes that occur for the most part in States with bad organization and nurture, but may occur at times even in a country where one would not expect them,—we must again recite the story we uttered[*](Plat. Laws 870d, Plat. Laws 870e.) a moment ago, if haply anyone, on hearing us, may become more strongly disposed in consequence voluntarily to abstain from murders of the most impious kind. The myth or story (or whatever one should call it) has been clearly stated, as derived from ancient priests, to the effect that Justice, the avenger of kindred blood, acting as overseer, employs the law just mentioned, and has ordained that the doer of such a deed must of necessity suffer the same as he has done: if ever a man has slain his father, he must endure to suffer the same violent fate at his own children’s hands in days to come; or if he has slain his mother, he must of necessity come to birth sharing in the female nature, and when thus born be removed from life by the hands of his offspring in afterdays;