From the magisterial authority in his city, Plato now passes to the judicial or dikastic. He remarks that no peremptory line of separation can be drawn between the two. Every magistrate exercises judicial functions on some matters: every dikast, on the days when he sits, decides magisterially.[194] He then proceeds to distinguish (as the Attic forum did) between two sorts of causes:— Private, disputes between man and man, where the persons complaining of being wronged are one or a few individuals — Public, where the party wronged or alleged to be wronged is the state.[195]
[194] Plato, Legg. vi. p. 767 A.
[195] Plato, Legg. vi. p. 767 B.
This was the main distinction adopted in the Attic law. 1. Complaint, founded upon injury alleged to be done to the interest of some individual — ἀγὼν ἴδιος, δίκη ἰδία, δίκη in the narrow sense. 2. Complaint, founded upon injury alleged to be done towards some interest not strictly individual — ἀγὼν δημόσιος, δίκη δημοσία, γραφή (Meier und Schömann, der Attische Prozess, p. 162).
In regard to the private causes, he institutes Tribe-Dikasteries, taken by lot out of the citizens of each tribe, and applied without notice to each particular cause as it comes on, so that no one can know beforehand in what cause he is to adjudicate, nor can any one be solicited or bribed.[196] He institutes farthermore a superior court of appeal, formed every year by the various Boards of Magistrates, each choosing out of its own body the most esteemed member, subject to approval by an ensuing Dokimasy.[197] When one citizen believes himself to be wronged by another, he must first submit the complaint to arbitration by neighbours and common friends. If this arbitration fails to prove satisfactory, he must next bring the complaint before the Tribe-Dikastery. Should their decision prove unsatisfactory, the case may be brought (seemingly by either of the parties) before the superior court of appeal, whose decision will be final. Plato directs that this superior Court shall hold its sittings publicly, in presence of all the Magistrates and all the Councillors, as well as of any other citizen who may choose to attend. The members of the Court are to give their votes openly.[198] Should they be suspected of injustice or corruption, they may be impeached before the Nomophylakes; who, if convinced of their guilt, shall compel them to make good the wrong done, and shall impose penalties besides, if the case requires.[199]
[196] Plato, Legg. vi. p. 768 B.
[197] Plato, Legg. vi. p. 767-C-D. γιγνέσθω κοινὸν ἅπασι τοῖς τὸ τρίτον ἀμφισβητοῦσιν ἰδιώταις πρὸς ἀλλήλους.
[198] Plato, Legg. vi. pp. 767 A-D, 768 B. Compare xii. p. 956.