70 Plato, Republ. vi. 487 B.

Καὶ ὁ Ἀδείμαντος, Ὦ Σώκρατες, ἔφη, πρὸς μὲν ταῦτά σοι οὐδεὶς ἂν οἷος τ’ εἴη ἀντειπεῖν· ἀλλὰ γὰρ τοιόνδε τι πάσχουσιν οἱ ἀκούοντες ἐκάστοτε ἂ νῦν λέγεις· ἡγοῦνται δι’ ἀπειρίαν τοῦ ἐρωτᾷν καὶ ἀποκρίνεσθαι ὑπὸ τοῦ λόγου παρ’ ἕκαστον τὸ ἐρώτημα σμικρὸν παραγόμενοι, ἀθροισθέντων τῶν σμικρῶν ἐπὶ τελευτῆς τῶν λόγων, μέγα τὸ σφάλμα καὶ ἐναντίον τοῖς πρώτοις ἀναφαίνεσθαι … ἐπει τό γε ἀληθὲς οὐδέν τι μᾶλλον ταύτῃ ἔχειν.

This passage, attesting the effect of the Sokratic examination upon the minds of auditors, ought to be laid to heart by those Platonic critics who denounce the Sophists for generating scepticism and uncertainty.

71 Plato, Hipp. Minor, 373 B; also the last sentence of the dialogue.

72 See the passage in Republic, vii. 523-524, where the τὸ παρακλητικὸν καὶ ἐγερτικὸν τῆς νοήσεως is declared to arise from the pain of a felt contradiction.

There are two circumstances which lend particular interest to this dialogue — Hippias Minor. 1. That the thesis out of which the confusion arises, is one which we know to have been laid down by the historical Sokrates himself. 2. That Aristotle expressly notices this thesis, as well as the dialogue in which it is contained, and combats it.

The thesis maintained here by Sokrates, is also affirmed by the historical Sokrates in the Xenophontic Memorabilia.

Sokrates in his conversation with the youthful Euthydemus (in the Xenophontic Memorabilia) maintains, that of two persons, each of whom deceives his friends in a manner to produce mischief, the one who does so wilfully is not so unjust as the one who does so unwillingly.73 Euthydemus (like Hippias in this dialogue) maintains the opposite, but is refuted by Sokrates; who argues that justice is a matter to be learnt and known like letters; that the lettered man, who has learnt and knows letters, can write wrongly when he chooses, but never writes wrongly unless he chooses — while it is only the unlettered man who writes wrongly unwillingly and without intending it: that in like manner the just man, he that has learnt and knows justice, never commits injustice unless when he intends it — while the unjust man, who has not learnt and does not know justice, commits injustice whether he will or not. It is the just man therefore, and none but the just man (Sokrates maintains), who commits injustice knowingly and wilfully: it is the unjust man who commits injustice without wishing or intending it.74

73 Xen. Mem. iv. 2, 19. τῶν δὲ δὴ τοὺς φίλους ἐξαπατώντων ἐπὶ βλαβῇ (ἵνα μηδὲ τοῦτο παραλείπωμεν ἄσκεπτον) πότερος ἀδικώτερός ἐστιν, ὁ ἑκὼν ἢ ὁ ἄκων;

The natural meaning of ἐπὶ βλαβῇ would be, “for the purpose of mischief”; and Schneider, in his Index, gives “nocendi causâ”. But in that meaning the question would involve an impossibility, for the words ὁ ἄκων exclude any such purpose.

74 Xen. Mem. iv. 2, 19-22.

This is the same view which is worked out by the Platonic Sokrates in the Hippias Minor: beginning with the antithesis between the veracious and mendacious man (as Sokrates begins in Xenophon); and concluding with the general result — that it belongs to the good man to do wrong wilfully, to the bad man to do wrong unwillingly.

Aristotle combats the thesis. Arguments against it.

Aristotle,75 in commenting upon this doctrine of the Hippias Minor, remarks justly, that Plato understands the epithets veracious and mendacious in a sense different from that which they usually bear. Plato understands the words as designating one who can tell the truth if he chooses — one who can speak falsely if he chooses: and in this sense he argues plausibly that the two epithets go together, and that no man can be mendacious unless he be also veracious. Aristotle points out that the epithets in their received meaning are applied, not to the power itself, but to the habitual and intentional use of that power. The power itself is doubtless presupposed or implied as one condition to the applicability of the epithets, and is one common condition to the applicability of both epithets: but the distinction, which they are intended to draw, regards the intentions and dispositions with which the power is employed. So also Aristotle observes that Plato’s conclusion — “He that does wrong wilfully is a better man than he that does wrong unwillingly,” is falsely collected from induction or analogy. The analogy of the special arts and accomplishments, upon which the argument is built, is not applicable. Better has reference, not to the amount of intelligence but to the dispositions and habitual intentions; though it presupposes a certain state and amount of intelligence as indispensable.

75 Aristotel. Metaphys. Δ. p. 1025, a. 8; compare Ethic. Nikomach. iv. p. 1127, b. 16.

Mistake of Sokrates and Plato in dwelling too exclusively on the intellectual conditions of human conduct.

Both Sokrates and Plato (in many of his dialogues) commit the error of which the above is one particular manifestation — that of dwelling exclusively on the intellectual conditions of human conduct,76 and omitting to give proper attention to the emotional and volitional, as essentially co-operating or preponderating in the complex meaning of ethical attributes. The reasoning ascribed to the Platonic Sokrates in the Hippias Minor exemplifies this one-sided view. What he says is true, but it is only a part of the truth. When he speaks of a person “who does wrong unwillingly,” he seems to have in view one who does wrong without knowing that he does so: one whose intelligence is so defective that he does not know when he speaks truth and when he speaks falsehood. Now a person thus unhappily circumstanced must be regarded as half-witted or imbecile, coming under the head which the Xenophontic Sokrates called madness:77 unfit to perform any part in society, and requiring to be placed under tutelage. Compared with such a person, the opinion of the Platonic Sokrates may be defended — that the mendacious person, who can tell truth when he chooses, is the better of the two in the sense of less mischievous or dangerous. But he is the object of a very different sentiment; moreover, this is not the comparison present to our minds when we call one man veracious, another man mendacious. We always assume, in every one, a measure of intelligence equal or superior to the admissible minimum; under such assumption, we compare two persons, one of whom speaks to the best of his knowledge and belief, the other, contrary to his knowledge and belief. We approve the former and disapprove the latter, according to the different intention and purpose of each (as Aristotle observes); that is, looking at them under the point of view of emotion and volition — which is logically distinguishable from the intelligence, though always acting in conjunction with it.

76 Aristotle has very just observations on these views of Sokrates, and on the incompleteness of his views when he resolved all virtue into knowledge, all vice into ignorance. See, among other passages, Aristot. Ethica Magna, i. 1182, a. 16; 1183, b. 9; 1190, b. 28; Ethic. Eudem. i. 1216, b, 4. The remarks of Aristotle upon Sokrates and Plato evince a real progress in ethical theory.

77 Xen. Mem. iii. 9, 7. τοὺς διημαρτηκότας, ὧν οἱ πολλοὶ γιγνώσκουσι, μαινομένους καλεῖν, &c.

They rely too much on the analogy of the special arts — They take no note of the tacit assumptions underlying the epithets of praise and blame.

Again, the analogy of the special arts, upon which the Platonic Sokrates dwells in the Hippias Minor, fails in sustaining his inference. By a good runner, wrestler, harper, singer, speaker, &c., we undoubtedly mean one who can, if he pleases, perform some one of these operations well; although he can also, if he pleases, perform them badly. But the epithets good or bad, in this case, consider exclusively that element which was left out, and leave out that element which was exclusively considered, in the former case. The good singer is declared to stand distinguished from the bad singer, or from the ἰδιώτης, who, if he sings at all, will certainly sing badly, by an attribute belonging to his intelligence and vocal organs. To sing well is a special accomplishment, which is possessed only by a few, and which no man is blamed for not possessing. The distinction between such special accomplishments, and justice or rectitude of behaviour, is well brought out in the speech which Plato puts into the mouth of the Sophist Protagoras.78 “The special artists (he says) are few in number: one of them is sufficient for many private citizens. But every citizen, without exception, must possess justice and a sense of shame: if he does not, he must be put away as a nuisance — otherwise, society could not be maintained.” The special artist is a citizen also; and as such, must be subject to the obligations binding on all citizens universally. In predicating of him that he is good or bad as a citizen, we merely assume him to possess the average intelligence, of the community; and the epithet declares whether his emotional and volitional attributes exceed, or fall short of, the minimum required in the application of that intelligence to his social obligations. It is thus that the words good or bad when applied to him as a citizen, have a totally different bearing from that which the same words have when applied to him in his character of special artist.

78 Plato, Protagoras, 322.

Value of a Dialogue of Search, that it shall be suggestive, and that it shall bring before us different aspects of the question under review.

The value of these debates in the Platonic dialogues consists in their raising questions like the preceding, for the reflection of the reader — whether the Platonic Sokrates may or may not be represented as taking what we think the right view of the question. For a Dialogue of Search, the great merit is, that it should be suggestive; that it should bring before our attention the conditions requisite for a right and proper use of these common ethical epithets, and the state of circumstances which is tacitly implied whenever any one uses them. No man ever learns to reflect upon the meaning of such familiar epithets, which he has been using all his life — unless the process be forced upon his attention by some special conversation which brings home to him an uncomfortable sentiment of perplexity and contradiction. If a man intends to acquire any grasp of ethical or political theory, he must render himself master, not only of the sound arguments and the guiding analogies but also of the unsound arguments and the misleading analogies, which bear upon each portion of it.

Antithesis between Rhetoric and Dialectic.

There is one other point of similitude deserving notice, between the Greater and Lesser Hippias. In both of them, Hippias makes special complaint of Sokrates, for breaking the question in pieces and picking out the minute puzzling fragments — instead of keeping it together as a whole, and applying to it the predicates which it merits when so considered.79 Here is the standing antithesis between Rhetoric and Dialectic: between those unconsciously acquired mental combinations which are poured out in eloquent, impressive, unconditional, and undistinguishing generalities — and the logical analysis which resolves the generality into its specialities, bringing to view inconsistencies, contradictions, limits, qualifications, &c. I have already touched upon this at the close of the Greater Hippias.

79 Plato, Hipp. Min. 369 B-C. Ὦ Σώκρατες, ἀεὶ σύ τινας τοιούτους πλέκεις λόγους, καὶ ἀπολαμβάνων ὅ ἂν ᾖ δυσχερέστατον τοῦ λόγου, τούτου ἔχει κατὰ σμικρὸν ἐφαπτόμενος, καὶ οὐχ ὅλω ἀγωνίζει τῷ πράγματι, περὶ ὅτου ἂν ὁ λόγος ᾖ, &c.

A remark of Aristotle (Topica, viii. 164, b. 2) illustrates this dissecting function of the Dialectician.

ἔστι γάρ, ὡς ἁπλῶς εἰπεῖν, διαλεκτικὸς ὁ προτατικὸς καὶ ἐνστατικός· ἔστι δὲ τὸ μὲν προτείνεσθαι, ἓν ποιεῖν τὰ πλείω (δεῖ γὰρ ἓν ὅλῳ ληφθῆναι πρὸς ὃ ὁ λόγος), τὸ δ’ ἐνίστασθαι, τὸ ἑν πολλά· ἢ γὰρ διαιρεῖ, ἢ ἀναιρεῖ, τὸ μὲν διδούς, τὸ δὲ οὔ, τῶν προτεινομένων.

 

 

 

 


 

 

CHAPTER XIV.

HIPPARCHUS — MINOS.

In these two dialogues, Plato sets before us two farther specimens of that error and confusion which beset the enquirer during his search after “reasoned truth”. Sokrates forces upon the attention of a companion two of the most familiar words of the market-place, to see whether a clear explanation of their meaning can be obtained.

Hipparchus — Question — What is the definition of Lover of Gain? He is one who thinks it right to gain from things worth nothing. Sokrates cross-examines upon this explanation. No man expects to gain from things which he knows to be worth nothing: in this sense, no man is a lover of gain.

In the dialogue called Hipparchus, the debate turns on the definition of τὸ φιλοκερδὲς or ὁ φιλοκερδής — the love of gain or the lover of gain. Sokrates asks his Companion to define the word. The Companion replies — He is one who thinks it right to gain from things worth nothing.1 Does he do this (asks Sokrates) knowing that the things are worth nothing? or not knowing? If the latter, he is simply ignorant. He knows it perfectly well (is the reply). He is cunning and wicked; and it is because he cannot resist the temptation of gain, that he has the impudence to make profit by such things, though well aware that they are worth nothing. Sokr. — Suppose a husbandman, knowing that the plant which he is tending is worthless — and yet thinking that he ought to gain by it: does not that correspond to your description of the lover of gain? Comp. — The lover of gain, Sokrates, thinks that he ought to gain from every thing. Sokr. — Do not answer in that reckless manner,2 as if you had been wronged by any one; but answer with attention. You agree that the lover of gain knows the value of that from which he intends to derive profit; and that the husbandman is the person cognizant of the value of plants. Comp. — Yes: I agree. Sokr. — Do not therefore attempt, you are so young, to deceive an old man like me, by giving answers not in conformity with your own admissions; but tell me plainly, Do you believe that the experienced husbandman, when he knows that he is planting a tree worth nothing, thinks that he shall gain by it? Comp. — No, certainly: I do not believe it.

1 Plato, Hipparch. 225 A. οἳ ἂν κερδαίνειν ἀξιῶσιν ἀπὸ τῶν μηδενὸς ἀξίων.

2 Plato, Hipparch. 225 C.

Sokrates then proceeds to multiply illustrations to the same general point. The good horseman does not expect to gain by worthless food given to his horse: the good pilot, by worthless tackle put into his ship: the good commander, by worthless arms delivered to his soldiers: the good fifer, harper, bowman, by employing worthless instruments of their respective arts, if they know them to be worthless.

Gain is good. Every man loves good: therefore all men are lovers of gain.

None of these persons (concludes Sokrates) correspond to your description of the lover of gain. Where then can you find a lover of gain? On your explanation, no man is so.3 Comp. — I mean, Sokrates, that the lovers of gain are those, who, through greediness, long eagerly for things altogether petty and worthless; and thus display a love of gain.4 Sokr. — Not surely knowing them to be worthless — for this we have shown to be impossible — but ignorant that they are worthless, and believing them to be valuable. Comp. — It appears so. Sokr. — Now gain is the opposite of loss: and loss is evil and hurt to every one: therefore gain (as the opposite of loss) is good. Comp. — Yes. Sokr. — It appears then that the lovers of good are those whom you call lovers of gain? Comp. — Yes: it appears so. Sokr. — Do not you yourself love good — all good things? Comp. — Certainly. Sokr. — And I too, and every one else. All men love good things, and hate evil. Now we agreed that gain was a good: so that by this reasoning, it appears that all men are lovers of gain while by the former reasoning, we made out that none were so.5 Which of the two shall we adopt, to avoid error. Comp. — We shall commit no error, Sokrates, if we rightly conceive the lover of gain. He is one who busies himself upon, and seeks to gain from, things from which good men do not venture to gain.

3 Plat. Hipparch. 226 D.

4 Plat. Hipparch. 226 D. Ἀλλ’ ἐγὼ, ὦ Σώκρατες, βούλομαι λέγειν τούτους φιλοκερδεῖς εἶναι, οἳ ἑκάστοτε ὑπὸ ἀπληστίας καὶ πανὺ σμικρὰ καὶ ὀλίγου ἄξια καὶ οὐδενὸς γλίχονται ὑπερφυῶς καὶ φιλοκερδοῦσιν.

5 Plat. Hipparch. 227 C.

Apparent contradiction. Sokrates accuses the companion of trying to deceive him. Accusation is retorted upon Sokrates.

Sokr. — But, my friend, we agreed just now, that gain was a good, and that all men always love good. It follows therefore, that good men as well as others love all gains, if gains are good things. Comp. — Not, certainly, those gains by which they will afterwards be hurt. Sokr. — Be hurt: you mean, by which they will become losers. Comp. — I mean that and nothing else. Sokr. — Do they become losers by gain, or by loss? Comp. — By both: by loss, and by evil gain. Sokr. — Does it appear to you that any useful and good thing is evil? Comp. — No. Sokr. — Well! we agreed just now that gain was the opposite of loss, which was evil; and that, being the opposite of evil, gain was good. Comp. — That was what we agreed. Sokr. — You see how it is: you are trying to deceive me: you purposely contradict what we just now agreed upon. Comp. — Not at all, by Zeus: on the contrary, it is you, Sokrates, who deceive me, wriggling up and down in your talk, I cannot tell how.6 Sokr. — Be careful what you say: I should be very culpable, if I disobeyed a good and wise monitor. Comp. — Whom do you mean: and what do you mean? Sokr. — Hipparchus, son of Peisistratus.

6 Plat. Hipparch. 228 A. Sokr. — Ὁρᾷς οὖν; ἐπιχειρεῖς με ἐξαπατᾷν, ἐπίτηδες ἐναντία λέγων οἷς ἄρτι ὡμολογήσαμεν. Comp. Οὐ μὰ Δί’, ὦ Σώκρατες· ἀλλὰ τοὐναντίον σὺ ἐμὲ ἐξαπατᾷς, καὶ οὐκ οἶδα ὁπῇ ἐν τοῖς λόγοις ἄνω καὶ κάτω στρέφεις.

Precept inscribed formerly by Hipparchus the Peisistratid — ”Never deceive a friend”. Eulogy of Hipparchus by Sokrates.

Sokrates then describes at some length the excellent character of Hipparchus: his beneficent rule, his wisdom, his anxiety for the moral improvement of the Athenians: the causes, different from what was commonly believed, which led to his death; and the wholesome precepts which he during his life had caused to be inscribed on various busts of Hermes throughout Attica. One of these busts or Hermæ bore the words — Do not deceive a friend.7

 

7 Plat. Hipparch. 228 B-229 D.

The picture here given of Hipparchus deserves notice. We are informed that he was older than his brother Hippias, which was the general belief at Athens, as Thucydides (i. 20, vi. 58) affirms, though himself contradicting it, and affirming that Hippias was the elder brother. Plato however agrees with Thucydides in this point, that the three years after the assassination of Hipparchus, during which Hippias ruled alone, were years of oppression and tyranny; and that the hateful recollection of the Peisistratidæ, which always survived in the minds of the Athenians, was derived from these three last years.

The picture which Plato here gives of Hipparchus is such as we might expect from a philosopher. He dwells upon the pains which Hipparchus took to have the recitation of the Homeric poems made frequent and complete: also upon his intimacy with the poets Anakreon and Simonides. The colouring which Plato gives to the intimacy between Aristogeiton and Harmodius is also peculiar. The ἐραστὴς is represented by Plato as eager for the education and improvement of the ἐρώμενος; and the jealousy felt towards Hipparchus is described as arising from the distinguished knowledge and abilities of Hipparchus, which rendered him so much superior and more effective as an educator.

The Companion resumes: Apparently, Sokrates, either you do not account me your friend, or you do not obey Hipparchus: for you are certainly deceiving me in some unaccountable way in your talk. You cannot persuade me to the contrary.

Sokrates allows the companion to retract some of his answers. The companion affirms that some gain is good, other gain is evil.

Sokr. — Well then! in order that you may not think yourself deceived, you may take back any move that you choose, as if we were playing at draughts. Which of your admissions do you wish to retract — That all men desire good things? That loss (to be a loser) is evil? That gain is the opposite of loss: that to gain is the opposite of to lose? That to gain, as being the opposite of evil is a good thing? Comp. — No. I do not retract any one of these. Sokr. — You think then, it appears, that some gain is good, other gain evil? Comp. — Yes, that is what I do think.8 Sokr. — Well, I give you back that move: let it stand as you say. Some gain is good: other gain is bad. But surely the good gain is no more gain, than the bad gain: both are gain, alike and equally. Comp. — How do you mean?

8 Plat. Hipparch. 229 E, 230 A.

Questions by Sokrates — bad gain is gain, as much as good gain. What is the common property, in virtue of which both are called Gain? Every acquisition, made with no outlay, or with a smaller outlay, is gain. Objections — the acquisition may be evil — embarrassment confessed.

Sokrates then illustrates his question by two or three analogies. Bad food is just as much food, as good food: bad drink, as much drink as good drink: a good man is no more man than a bad man.9

Sokr. — In like manner, bad gain, and good gain, are (both of them) gain alike — neither of them more or less than the other. Such being the case, what is that common quality possessed by both, which induces you to call them by the same name Gain?10 Would you call Gain any acquisition which one makes either with a smaller outlay or with no outlay at all?11 Comp. — Yes. I should call that gain. Sokr. — For example, if after being at a banquet, not only without any outlay, but receiving an excellent dinner, you acquire an illness? Comp. — Not at all: that is no gain. Sokr. — But if from the banquet you acquire health, would that be gain or loss? Comp. — It would be gain. Sokr. — Not every acquisition therefore is gain, but only such acquisitions as are good and not evil: if the acquisition be evil, it is loss. Comp. — Exactly so. Sokr. — Well, now, you see, you are come round again to the very same point: Gain is good. Loss is evil. Comp. — I am puzzled what to say.12 Sokr. — You have good reason to be puzzled.

9 Plat. Hipparch. 230 C.

10 Plat. Hipparch. 230 E. διὰ τί ποτε ἀμφότερα αὐτὰ κέρδος καλεῖς; τί ταὐτὸν ἐν ἀμφοτέροις ὁρῶν;

11 Plat. Hipparch. 231 A.

12 Plat. Hipparch. 231 C. Sokr. Ὁρᾷς οὖν, ὡς πάλιν αὖ περιτρέχεις εἰς τὸ αὐτὸ — τὸ μὲν κέρδος ἀγαθὸν φαίνεται, ἡ δὲ ζημία κακόν; Comp. Ἀπορῶ ἔγωγε ὃ, τι εἴπω. Sokr. Οὐκ ἀδίκως γε σὺ ἀπορῶν.

It is essential to gain, that the acquisition made shall be greater not merely in quantity, but also in value, than the outlay. The valuable is the profitable — the profitable is the good. Conclusion comes back. That Gain is Good.

But tell me: you say that if a man lays out little and acquires much, that is gain? Comp. — Yes: but not if it be evil: it is gain, if it be good, like gold or silver. Sokr. — I will ask you about gold and silver. Suppose a man by laying out one pound of gold acquires two pounds of silver, is it gain or loss? Comp. — It is loss, decidedly, Sokrates: gold is twelve times the value of silver. Sokr. — Nevertheless he has acquired more: double is more than half. Comp. — Not in value: double silver is not more than half gold. Sokr. — It appears then that we must include value as essential to gain, not merely quantity. The valuable is gain: the valueless is no gain. The valuable is that which is valuable to possess: is that the profitable, or the unprofitable? Comp. — It is the profitable. Sokr. — But the profitable is good? Comp. — Yes: it is. Sokr. — Why then, here, the same conclusion comes back to us as agreed, for the third or fourth time. The gainful is good. Comp. — It appears so.13

13 Plato, Hipparch. 231 D-E, 232 A.

Recapitulation. The debate has shown that all gain is good, and that there is no evil gain — all men are lovers of gain — no man ought to be reproached for being so. The companion is compelled to admit this, though he declares that he is not persuaded.

Sokr. — Let me remind you of what has passed. You contended that good men did not wish to acquire all sorts of gain, but only such as were good, and not such as were evil. But now, the debate has compelled us to acknowledge that all gains are good, whether small or great. Comp. — As for me, Sokrates, the debate has compelled me rather than persuaded me.14 Sokr. — Presently, perhaps, it may even persuade you. But now, whether you have been persuaded or not, you at least concur with me in affirming that all gains, whether small or great, are good. That all good men wish for all good things. Comp. — I do concur. Sokr. — But you yourself stated that evil men love all gains, small and great? Comp. — I said so. Sokr. — According to your doctrine then, all men are lovers of gain, the good men as well as the evil? Comp. — Apparently so. Sokr. — It is therefore wrong to reproach any man as a lover of gain: for the person who reproaches is himself a lover of gain, just as much.

14 Plat. Hipparch. 232 A-B. Sokr. Οὐκοῦν νῦν πάντα τὰ κέρδη ὁ λόγος ἡμᾶς ἠνάγκακε καὶ σμικρὰ καὶ μεγάλα ὁμολογεῖν ἀγαθὰ εἶναι; Comp. Ἠνάγκακε γάρ, ὦ Σώκρατες, μᾶλλον ἐμέ γε ἢ πέπεικεν. Sokr. Ἀλλ’ ἴσως μετὰ τοῦτο καὶ πείσειεν ἂν.

Minos. Question put by Sokrates to the companion. What is Law, or The Law? All law is the same, quatenus law: what is the common constituent attribute?

The Minos, like the Hipparchus, is a dialogue carried on between Sokrates and a companion not named. It relates to Law, or The Law —

Sokr. — What is Law (asks Sokrates)? Comp. — Respecting what sort of Law do you enquire (replies the Companion)? Sokr. — What! is there any difference between one law and another law, as to that identical circumstance, of being Law? Gold does not differ from gold, so far as the being gold is concerned — nor stone from stone, so far as being stone is concerned. In like manner, one law does not differ from another, all are the same, in so far as each is Law alike:— not, one of them more, and another less. It is about this as a whole that I ask you — What is Law?

Answer — Law is, 1. The consecrated and binding customs. 2. The decree of the city. 3. Social or civic opinion.

Comp. — What should Law be, Sokrates, other than the various assemblage of consecrated and binding customs and beliefs?15 Sokr. — Do you think, then, that discourse is, the things spoken: that sight is, the things seen? that hearing is, the things heard? Or are they not distinct, in each of the three cases — and is not Law also one thing, the various customs and beliefs another? Comp. — Yes! I now think that they are distinct.16 Sokr. — Law is that whereby these binding customs become binding. What is it? Comp. — Law can be nothing else than the public resolutions and decrees promulgated among us. Law is the decree of the city.17 Sokr. — You mean, that Law is social opinion. Comp. — Yes I do.

15 Plato, Minos, 313 B. Τί οὖν ἄλλο νόμος εἴη ἂν ἀλλ’ ἢ τὰ νομιζόμενα;

16 Plato, Minos, 313 B-C.

I pass over here an analogy started by Sokrates in his next question; as ὄψις to τὰ ὁρώμενα, so νόμος to τὰ νομιζόμενα, &c.

17 Plato, Minos, 814 A. ἐπειδὴ νόμῳ τὰ νομιζόμενα νομίζεται, τίνι ὄντι τῷ νόμῳ νομίζεται;

Cross-examination by Sokrates — just and lawfully-behaving men are so through law; unjust and lawless men are so through the absence of law. Law is highly honourable and useful: lawlessness is ruinous. Accordingly, bad decrees of the city — or bad social opinion — cannot be law.

Sokr. — Perhaps you are right: but let us examine. You call some persons wise:— they are wise through wisdom. You call some just:— they are just through justice. In like manner, the lawfully-behaving men are so through law: the lawless men are so through lawlessness. Now the lawfully-behaving men are just: the lawless men are unjust. Comp. — It is so. Sokr. — Justice and Law, are highly honourable: injustice and lawlessness, highly dishonourable: the former preserves cities, the latter ruins them. Comp. — Yes — it does. Sokr. — Well, then! we must consider law as something honourable; and seek after it, under the assumption that it is a good thing. You defined law to be the decree of the city: Are not some decrees good, others evil? Comp. — Unquestionably. Sokr. — But we have already said that law is not evil. Comp. — I admit it. Sokr. — It is incorrect therefore to answer, as you did broadly, that law is the decree of the city. An evil decree cannot be law. Comp. — I see that it is incorrect.18

 

18 Plato, Minos, 314 B-C-D.

Suggestion by Sokrates — Law is the good opinion of the city — but good opinion is true opinion, or the finding out of reality. Law therefore wishes (tends) to be the finding out of reality, though it does not always succeed in doing so.

Sokr. — Still — I think, myself, that law is opinion of some sort; and since it is not evil opinion, it must be good opinion. Now good opinion is true opinion: and true opinion is, the finding out of reality. Comp. — I admit it. Sokr. — Law therefore wishes or tends to be, the finding out of reality.19 Comp. — But, Sokrates, if law is the finding out of reality — if we have therein already found out realities — how comes it that all communities of men do not use the same laws respecting the same matters? Sokr. — The law does not the less wish or tend to find out realities; but it is unable to do so. That is, if the fact be true as you state — that we change our laws, and do not all of us use the same. Comp. — Surely, the fact as a fact is obvious enough.20

 

 

19 Plato, Minos, 315 A. Οὐκοῦν ἡ ἀληθὴς δόξα τοῦ ὄντος ἐστιν ἐξεύρεσις; … ὁ νόμος ἄρα βούλεται τοῦ ὄντος εἶναι ἐξεύρεσις;

20 Plato, Minos, 315 A-B.

Objection taken by the Companion — That there is great discordance of laws in different places — he specifies several cases of such discordance at some length. Sokrates reproves his prolixity, and requests him to confine himself to question or answer.

(The Companion here enumerates some remarkable local rites, venerable in one place, abhorrent in another, such as the human sacrifices at Carthage, &c., thus lengthening his answer much beyond what it had been before. Sokrates then continues):

Sokr. — Perhaps you are right, and these matters have escaped me. But if you and I go on making long speeches each for ourselves, we shall never come to an agreement. If we are to carry on our research together, we must do so by question and answer. Question me, if you prefer:— if not, answer me. Comp. — I am quite ready, Sokrates, to answer whatever you ask.

Farther questions by Sokrates — Things heavy and light, just and unjust, honourable and dishonourable, &c., are so, and are accounted so everywhere. Real things are always accounted real. Whoever fails in attaining the real, fails in attaining the lawful.

Sokr. — Well, then! do you think that just things are just and unjust things are unjust? Comp. — I think they are. Sokr. — Do not all men in all communities, among the Persians as well as here, now as well as formerly, think so too? Comp. — Unquestionably they do. Sokr. — Are not things which weigh more, accounted heavier; and things which weigh less, accounted lighter, here, at Carthage, and everywhere else?21 Comp. — Certainly. Sokr. — It seems, then, that honourable things are accounted honourable everywhere, and dishonourable things dishonourable? not the reverse. Comp. — Yes, it is so. Sokr. — Then, speaking universally, existent things or realities (not non-existents) are accounted existent and real, among us as well as among all other men? Comp. — I think they are. Sokr. — Whoever therefore fails in attaining the real fails in attaining the lawful.22 Comp. — As you now put it, Sokrates, it would seem that the same things are accounted lawful both by us at all times, and by all the rest of mankind besides. But when I reflect that we are perpetually changing our laws, I cannot persuade myself of what you affirm.