Mr. Austin in his Lectures, ‘The Province of Jurisprudence Determined’, has explained more clearly and copiously than any antecedent author, the confused meanings of the word Law adverted to in my text. See especially his first lecture and his fifth, pp. 88 seq. and 171 seq., 4th ed.
APPENDIX.
In continuing to recognise Hipparchus and Minos as Platonic works, contrary to the opinion of many modern critics, I have to remind the reader, not only that both are included in the Canon of Thrasyllus, but that the Minos was expressly acknowledged by Aristophanes of Byzantium, and included by him among the Trilogies: showing that it existed then (220 B.C.) in the Alexandrine Museum as a Platonic work. The similarity between the Hipparchus and Minos is recognised by all the Platonic critics, most of whom declare that both of them are spurious. Schleiermacher affirms and vindicates this opinion in his Einleitung and notes: but it will be convenient to take the arguments advanced to prove the spuriousness, as they are set forth by M. Boeckh, in his “Comment. in Platonis qui vulgo fertur Minoem”: in which treatise, though among his early works, the case is argued with all that copious learning and critical ability, which usually adorn his many admirable contributions to the improvement of philology.
M. Boeckh not only rejects the pretensions of Hipparchus and Minos to be considered as works of Plato, but advances an affirmative hypothesis to show what they are. He considers these two dialogues, together with those De Justo, and De Virtute (two short dialogues in the pseudo-Platonic list, not recognised by Thrasyllus) as among the dialogues published by Simon; an Athenian citizen and a shoemaker by trade, in whose shop Sokrates is said to have held many of his conversations. Simon is reported to have made many notes of these conversations, and to have composed and published, from them, a volume of thirty-three dialogues (Diog. L. ii. 122), among the titles of which there are two — Περὶ Φιλκερδοῦς and Περὶ Νόμου. Simon was, of course, contemporary with Plato; but somewhat older in years. With this part of M. Boeckh’s treatise, respecting the supposed authorship of Simon, I have nothing to do. I only notice the arguments by which he proposes to show that Hipparchus and Minos are not works of Plato.
In the first place, I notice that M. Boeckh explicitly recognises them as works of an author contemporary with Plato, not later than 380 B.C. (p. 46). Hereby many of the tests, whereby we usually detect spurious works, become inapplicable.
In the second place, he admits that the dialogues are composed in good Attic Greek, suitable to the Platonic age both in character and manners — “At veteris esse et Attici scriptoris, probus sermo, antiqui mores, totus denique character, spondeat,” p. 32.
The reasons urged by M. Boeckh to prove the spuriousness of the Minos, are first, that it is unlike Plato — next, that it is too much like Plato. “Dupliciter dialogus a Platonis ingenio discrepat: partim quod parum, partim quod nimium, similis ceteris ejusdem scriptis sit. Parum similis est in rebus permultis. Nam cum Plato adhuc vivos ac videntes aut nuper defunctos notosque homines, ut scenicus poeta actores, moribus ingeniisque accurate descriptis, nominatim producat in medium — in isto opusculo cum Socrate colloquens persona plané incerta est ac nomine carens: quippe cum imperitus scriptor esset artis illius colloquiis suis dulcissimas veneres illas inferendi, quæ ex peculiaribus personarum moribus pingendis redundant, atque à Platone ut flores per amplos dialogorum hortos sunt disseminatæ” (pp. 7-8): again, p. 9, it is complained that there is an “infinitus secundarius collocutor” in the Hipparchus.