[3] Xenoph. Mem. iv. 4, 12-25.
[4] Compare the puzzling questions which Alkibiades when a youth is reported to have addressed to Perikles, and which he must unquestionably have heard from Sokrates himself, respecting the meaning of the word Νόμος (Xen. Mem. i. 2, 42). All the difficulties in determining the definition of Νόμος, occur also in determining that of Νόμιμον, which includes both Jus Scriptum and Jus Moribus Receptum.
[5] Xen. Mem. iv. 4, 15.
Opening of the Hippias Major — Hippias describes the successful circuit which he had made through Greece, and the renown as well as the gain acquired by his lectures.
Here, in the beginning of the Hippias Major, the Platonic Sokrates remarks that Hippias has been long absent from Athens: which absence, the latter explains, by saying that he has visited many cities in Greece, giving lectures with great success, and receiving high pay: and that especially he has often visited Sparta, partly to give lectures, but partly also to transact diplomatic business for his countrymen the Eleians, who trusted him more than any one else for such duties. His lectures (he says) were eminently instructive and valuable for the training of youth: moreover they were so generally approved, that even from a small Sicilian town called Inykus, he obtained a considerable sum in fees.
Hippias had met with no success at Sparta. Why the Spartans did not admit his instructions — their law forbids.
Upon this Sokrates asks — In which of the cities were your gains the largest: probably at Sparta? Hip. — No; I received nothing at all at Sparta. Sokr. — How? You amaze me! Were not your lectures calculated to improve the Spartan youth? or did not the Spartans desire to have their youth improved? or had they no money? Hip. — Neither one nor the other. The Spartans, like others, desire the improvement of their youth: they also have plenty of money: moreover my lectures were very beneficial to them as well as to the rest.[6] Sokr. — How could it happen then, that at Sparta, a city great and eminent for its good laws, your valuable instructions were left unrewarded; while you received so much at the inconsiderable town of Inykus? Hip. — It is not the custom of the country, Sokrates, for the Spartans to change their laws, or to educate their sons in a way different from their ordinary routine. Sokr. — How say you? It is not the custom of the country for the Spartans to do right, but to do wrong? Hip. — I shall not say that, Sokrates. Sokr. — But surely they would do right, in educating their children better and not worse? Hip. — Yes, they would do right: but it is not lawful for them to admit a foreign mode of education. If any one could have obtained payment there for education, I should have obtained a great deal; for they listen to me with delight and applaud me: but, as I told you, their law forbids.
[6] Plato, Hipp. Maj. 283-284.
Question, What is law? The law-makers always aim at the Profitable, but sometimes fail to attain it. When they fail, they fail to attain law. The lawful is the Profitable: the Unprofitable is also unlawful.
Sokr. — Do you call law a hurt or benefit to the city? Hip. — Law is enacted with a view to benefit: but it sometimes hurts if it be badly enacted.[7] Sokr. — But what? Do not the enactors enact it as the maximum of good, without which the citizens cannot live a regulated life? Hip. — Certainly: they do so. Sokr. — Therefore, when those who try to enact laws miss the attainment of good, they also miss the lawful and law itself. How say you? Hip. — They do so, if you speak with strict propriety: but such is not the language which men commonly use. Sokr. — What men? the knowing? or the ignorant? Hip. — The Many. Sokr. — The Many; is it they who know what truth is? Hip. — Assuredly not. Sokr. — But surely those who do know, account the profitable to be in truth more lawful than the unprofitable, to all men. Don’t you admit this? Hip. — Yes, I admit they account it so in truth. Sokr. — Well, and it is so, too: the truth is as the knowing men account it. Hip. — Most certainly. Sokr. — Now you affirm, that it is more profitable to the Spartans to be educated according to your scheme, foreign as it is, than according to their own native scheme. Hip. — I affirm it, and with truth too. Sokr. — You affirm besides, that things more profitable are at the same time more lawful? Hip. — I said so. Sokr. — According to your reasoning, then, it is more lawful for the Spartan children to be educated by Hippias, and more unlawful for them to be educated by their fathers — if in reality they will be more benefited by you? Hip. — But they will be more benefited by me. Sokr. — The Spartans therefore act unlawfully, when they refuse to give you money and to confide to you their sons? Hip. — I admit that they do: indeed your reasoning seems to make in my favour, so that I am noway called upon to resist it. Sokr. — We find then, after all, that the Spartans are enemies of law, and that too in the most important matters — though they are esteemed the most exemplary followers of law.[8]