Such is the theory here advanced by Plato to reconcile his views and recommendations in the Leges with a doctrine which he had propounded and insisted upon elsewhere:— That no man commits injustice voluntarily — That all injustice is involuntary, arising from ignorance — That every one would be just, if he only knew wherein justice consists — That knowledge, when it exists in the mind, will exercise controul and preponderance over the passions and appetites.[303]
[303] Compare Legg. v. p. 731 C; Timæus, p. 86 D; Republic, ix. p. 589 C; Protagoras, pp. 345 D — 352 D.
The distinction whereby Plato here proposes to save all inconsistency, is a distinction between misconduct or misguided actions (ἁμαρτήματα, or ἁμαρτανόμενα), and unjust actions (ἀδικήματα). The last of these categories is comprised by him in the first, as one species or variety thereof. That is, all ἀδικήματα are ἁμαρτήματα: but all ἁμαρτήματα are not ἀδικήματα. He reckons three distinct causes of ἁμαρτήματα: two belonging to the emotional department of mind; one to the intellectual. Those ἁμαρτήματα which arise from either of the two first causes are also ἀδικήματα: those which arise from the third are not ἀδικήματα.
This is the distinction which Plato here draws, with a view to save consistency in his own doctrine — at least as far as I can understand it, for the reasoning is not clear. It proceeds upon a restricted definition, peculiar to himself, of the word injustice — a restriction, however, which coincides in part with that which he gives of Justice in the Republic,[304] where he treats Justice as consisting in the controul exercised over Passion and Appetite (the emotional department) by Reason (the intellectual): each of the three departments of the soul or each of the three separate souls, keeping in its own place, and discharging its own appropriate functions. Every act which a man does under the influence of persuasion or opinion of the best, is held by Plato to be just — whatever his persuasion may be — whether it be true or false[305] If he be sincerely persuaded that he is acting for the best, he cannot commit injustice.
[304] Plato, Republ. iv. pp. 443-444.
[305] Plato, Legg. ix. pp. 863 C, 864 A.
Peculiar definition of Injustice. A man may do great voluntary hurt to others, and yet not be unjust, provided he does it under the influence of Reason, and not of Appetite.
Injustice being thus restricted to mean the separate and unregulated action of emotional impulse — and such unregulated action being, as a general fact, a cause of misery to the agent — Plato’s view is, that no man is voluntarily unjust: for no man wishes to be miserable. Every man wishes to be happy: therefore every man wishes to be just: because some controul of impulse by reason is absolutely essential to happiness. When once such controul is established, a man becomes just: he no longer commits injustice. But he may still commit misconduct, and very gross misconduct: moreover, this misconduct will be, or may be, voluntary. For though the rational soul be now preponderant and controuling over the emotional (which controul constitutes justice), yet the rational soul itself may be imperfectly informed (ignorance simple); or may not only be ignorant, but preoccupied besides with false persuasions and prejudices. Under such circumstances the just man may commit misconduct, and do serious hurt to others. What he does may be done voluntarily, in full coincidence with his own will: for the will postulates only the controul of reason over emotion, and here that condition is fulfilled, the fault lying with the controuling reason itself.
Plato’s purpose in the Laws is to prevent or remedy not only injustice but misconduct.
Plato’s reasoning here (obscure and difficult to follow) is intended to show that there can be no voluntary injustice, but that there is much both of voluntary misconduct, and voluntary mischief. His purpose as lawgiver is to prevent or remedy not only (what he calls) injustice, but also misconduct and mischief. As a remedy for mischief done, he prescribes that the agent thereof shall make full compensation to the sufferer. As an antidote to injustice, he applies his educational discipline as well as his penal and remuneratory treatment, to the emotions, with a view to subdue some and develop others.[306] As a corrective to misconduct in all its branches, he assumes to himself as lawgiver a spiritual power, applied to the improvement of the rational or intellectual man: prescribing what doctrines and beliefs shall be accredited in his city, tolerating no others, and forbidding all contradiction, or dissentient individuality of judgment.[307] He thus ensures that every man s individual reason shall be in harmony with the infallible reason.