[Laws by Plato]@TWC D-Link bookLaws INTRODUCTION AND ANALYSIS 143/519
Yet we may observe two inconsistencies in Plato's treatment of the subject: first, a lesser, inasmuch as he does not clearly distinguish the Cretan and Spartan laws, of which the exclusive aim is war, from those other laws of Zeus and Apollo which are said to be divine, and to comprehend all virtue.
Secondly, we may retort on him his own complaint against Sparta and Crete, that he has himself given us a code of laws, which for the most part have a military character; and that we cannot point to 'obvious examples of similar institutions which are concerned with pleasure;' at least there is only one such, that which relates to the regulation of convivial intercourse.
The military spirit which is condemned by him in the beginning of the Laws, reappears in the seventh and eighth books. The mention of Minos the great lawgiver, and of Rhadamanthus the righteous administrator of the law, suggests the two divisions of the laws into enactments and appointments of officers.
The legislator and the judge stand side by side, and their functions cannot be wholly distinguished.
For the judge is in some sort a legislator, at any rate in small matters; and his decisions growing into precedents, must determine the innumerable details which arise out of the conflict of circumstances.
<<Back Index Next>> D-Link book Top TWC mobile books
|