[7] Plato, Hipp. Maj. 284 C-B.
[8] Plato, Hipp. Maj. 285.
Comparison of the argument of the Platonic Sokrates with that of the Xenophontic Sokrates.
Perhaps Plato intended the above argument as a derisory taunt against the Sophist Hippias, for being vain enough to think his own tuition better than that of the Spartan community. If such was his intention, the argument might have been retorted against Plato himself, for his propositions in the Republic and Leges: and we know that the enemies of Plato did taunt him with his inability to get these schemes adopted in any actual community. But the argument becomes interesting when we compare it with the debate before referred to in the Xenophontic Memorabilia, where Sokrates maintains against Hippias that the Just is equivalent to the Lawful. In that Xenophontic dialogue, all the difficulties which embarrass this explanation are kept out of sight, and Sokrates is represented as gaining an easy victory over Hippias. In this Platonic dialogue, the equivocal use of the word νόμιμον is expressly adverted to, and Sokrates reduces Hippias to a supposed absurdity, by making him pronounce the Spartans to be enemies of law: παρανομούς bearing a double sense, and the proposition being true in one sense, false in the other. In the argument of the Platonic Sokrates, a law which does not attain its intended purpose of benefiting the community, is no law at all, — not lawful:[9] so that we are driven back again upon the objections of Alkibiades against Perikles (in the Xenophontic Memorabilia) in regard to what constitutes a law. In the argument of the Xenophontic Sokrates, law means a law actually established, by official authority or custom — and the Spartans are produced as eminent examples of a lawfully minded community. As far as we can assign positive opinion to the Platonic Sokrates in the Hippias Major, he declares that the profitable or useful (being that which men always aim at in making law) is The Lawful, whether actually established or not: and that the unprofitable or hurtful (being that which men always intend to escape) is The Unlawful, whether prescribed by any living authority or not. This (he says) is the opinion of the wise men who know: though the ignorant vulgar hold the contrary opinion. The explanation of τὸ δίκαιον given by the Xenophontic Sokrates (τὸ δίκαιον = τὸ νόμιμον), would be equivalent, if we construe τὸ νόμιμον in the sense of the Platonic Sokrates (in Hippias Major) as an affirmation that The Just was the generally useful — Τὸ δίκαιον = τὸ κοινῇ σύμφορον.
[9] Compare a similar argument of Sokrates against Thrasymachus — Republic, i. 339.
The Just or Good is the beneficial or profitable. This is the only explanation which Plato ever gives and to this he does not always adhere.
There exists however in all this, a prevalent confusion between Law (or the Lawful) as actually established, and Law (or the Lawful) as it ought to be established, in the judgment of the critic, or of those whom he follows: that is (to use the phrase of Mr. Austin in his ‘Province of Jurisprudence’) Law as it would be, if it conformed to its assumed measure or test. In the first of these senses, τὸ νόμιμον is not one and the same, but variable according to place and time — one thing at Sparta, another thing elsewhere: accordingly it would not satisfy the demand of Plato’s mind, when he asks for an explanation of τὸ δίκαιον. It is an explanation in the second of the two senses which Plato seeks — a common measure or test applicable universally, at all times and places. In so far as he ever finds one, it is that which I have mentioned above as delivered by the Platonic Sokrates in this dialogue: viz., the Just or Good, that which ought to be the measure or test of Law and Positive Morality, is, the beneficial or profitable. This (I repeat) is the only approach to a solution which we ever find in Plato. But this is seldom clearly enunciated, never systematically followed out, and sometimes, in appearance, even denied.
Lectures of Hippias at Sparta not upon geometry, or astronomy, &c., but upon the question — What pursuits are beautiful, fine, and honourable for youth.