[441] Cicero, Legg, ii. 7, 16. “Utiles autem esse has opiniones, quis neget, cum intelligat, quam multa firmentur jurejurando,” &c.
Punishment is inflicted with a view to future prevention or amendment.
Respecting the second mode of damage — by theft or violence — Plato’s law forms a striking contrast to that which has been just set forth. The person who inflicts damage must repay it, or make full compensation for it, to the sufferer: small, if the damage be small — great, if it be great. Besides this, the guilty person must undergo some farther punishment with a view to correction or reformation. This will be smaller, if he be young and seduced by the persuasion of others; but it must be graver, if he be self-impelled by his own desires, fears, wrath, jealousy, &c. Understand, however (adds Plato), that such ulterior punishment is not imposed on account of the past misdeed — for the past cannot be recalled or undone — but on account of the future: to ensure that he shall afterwards hate wrong-doing, and that those who see him punished shall hate it also. The Dikasts must follow out in detail the general principle here laid down.[442]
[442] Plato, Legg. xi. pp. 933-934. Compare Plato, Protagor. p. 324 B.
This passage proclaims distinctly an important principle in regard to the infliction of legal penalties: which principle, if kept in mind, might have lead Plato to alter or omit a large portion of the Leges.
Penalty for abusive words — for libellous comedy. Mendicity forbidden.
Respecting words of abuse, or revilement, or insulting derision. — These are altogether forbidden. If used in any temple, market, or public and frequented place, the magistrate presiding must punish the offender forthwith, as he thinks fit: if elsewhere, any citizen by-stander, being older than the offender, is authorised thrash him.[443] No writer of comedy is allowed to ridicule or libel any citizen.
[443] Plato, Legg. xi. p. 935 C-D. The Attic law expressly forbade the utterance of abusive words against any individual in an office or public place upon any pretence (Lysias, Or. ix. Pro Milite, s. 6-9). Demosthenes (contra Konon. p. 1263) speaks of κακηγορία or λοιδορία as in itself trifling, but as forbidden by the law, lest it should lead to violence and blows.
Mendicity is strictly prohibited. Every mendicant must be sent away at once, in order that the territory may be rid of such a creature.[444] Every man, who has passed an honest life, will be sure to have made friends who will protect him against the extremity of want.
[444] Plato, Legg. xi. p. 936 C. ὅπως ἡ χώρα τοῦ τοιούτου ζώου καθαρὰ γίγνηται τὸ παράπαν.