the memorabilia-第31章
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which;〃 etc。
By Hera!'17' (he exclaimed); what a blessing to have discovered!'18'
Now we shall have no more divisions of opinion on points of right and
wrong; judges will vote unanimously; citizens will cease wrangling;
there will be no more litigation; no more party faction; states will
reconcile their differences; and wars are ended。 For my part I do not
know how I can tear myself away from you; until I have heard from your
own lips all about the grand discovery you have made。
'17' See above; I。 v。 5。
'18' Or; 〃what a panacea are you the inventor of〃; lit。 〃By Hera; you
have indeed discovered a mighty blessing; if juries are to cease
recording their verdicts 'aye' and 'no'; if citizens are to cease
their wranglings on points of justice; their litigations; and
their party strifes; if states are to cease differing on matters
of right and wrong and appealing to the arbitrament of war。〃
You shall hear all in good time (Hippias answered); but not until you
make a plain statement of your own belief。 What is justice? We have
had enough of your ridiculing all the rest of the world; questioning
and cross…examining first one and then the other; but never a bit will
you render an account to any one yourself or state a plain opinion
upon a single topic。'19'
'19' See Plat。 〃Gorg。〃 465 A。
What; Hippias (Socrates retorted); have you not observed that I am in
a chronic condition of proclaiming what I regard as just and upright?
Hipp。 And pray what is this theory'20' of yours on the subject? Let us
have it in words。
'20' {o logos}。
Soc。 If I fail to proclaim it in words; at any rate I do so in deed
and in fact。 Or do you not think that a fact is worth more as evidence
than a word?'21'
'21' Or; 〃is of greater evidential value;〃 〃ubi res adsunt; quid opus
est verbis?〃
Worth far more; I should say (Hippias answered); for many a man with
justice and right on his lips commits injustice and wrong; but no doer
of right ever was a misdoer or could possibly be。
Soc。 I ask then; have you ever heard or seen or otherwise perceived me
bearing false witness or lodging malicious information; or stirring up
strife among friends or political dissension in the city; or
committing any other unjust and wrongful act?
No; I cannot say that I have (he answered)。
Soc。 And do you not regard it as right and just to abstain from
wrong?'22'
'22' Or; 〃is not abstinence from wrongdoing synonymous with righteous
behaviour?〃
Hipp。 Now you are caught; Socrates; plainly trying to escape from a
plain statement。 When asked what you believe justice to be; you keep
telling us not what the just man does; but what he does not do。
Why; I thought for my part (answered Socrates) that the refusal to do
wrong and injustice was a sufficient warrent in itself of
righteousness and justice; but if you do not agree; see if this
pleases you better: I assert that what is 〃lawful〃 is 〃just and
righteous。〃
Do you mean to assert (he asked) that lawful and just are synonymous
terms?
Soc。 I do。
I ask (Hippias added); for I do not perceive what you mean by lawful;
nor what you mean by just。'23'
'23' Lit。 〃what sort of lawful or what sort of just is spoken of。〃
Soc。 You understand what is meant by laws of a city or state?
Yes (he answered)。
Soc。 What do you take them to be?
Hipp。 The several enactments drawn up by the citizens or members of a
state in agreement as to what things should be done or left undone。
Then I presume (Socrates continued) that a member of a state who
regulates his life in accordance with these enactments will be law…
abiding; while the transgressor of the same will be law…less?
Certainly (he answered)。
Soc。 And I presume the law…loving citizen will do what is just and
right; while the lawless man will do what is unjust and wrong?
Hipp。 Certainly。
Soc。 And I presume that he who does what is just is just; and he who
does what is unjust is unjust?
Hipp。 Of course。
Soc。 It would appear; then; that the law…loving man is just; and the
lawless unjust?
Then Hippias: Well; but laws; Socrates; how should any one regard as a
serious matter either the laws themselves; or obedience to them; which
laws the very people who made them are perpetually rejecting and
altering?
Which is also true of war (Socrates replied); cities are perpetually
undertaking war and then making peace again。
Most true (he answered)。
Soc。 If so; what is the difference between depreciating obedience to
law because laws will be repealed; and depreciating good discipline in
war because peace will one day be made? But perhaps you object to
enthusiasm displayed in defence of one's home and fatherland in war?
No; indeed I do not! I heartily approve of it (he answered)。
Soc。 Then have you laid to heart the lesson taught by Lycurgus to the
Lacedaemonians;'24' and do you understand that if he succeeded in
giving Sparta a distinction above other states; it was only by
instilling into her; beyond all else; a spirit of obedience to the
laws? And among magistrates and rulers in the different states; you
would scarcely refuse the palm of superiority to those who best
contribute to make their fellow…citizens obedient to the laws? And you
would admit that any particular state in which obedience to the laws
is the paramount distinction of the citizens flourishes most in peace
time; and in time of war is irresistible? But; indeed; of all the
blessings which a state may enjoy; none stands higher than the
blessing of unanimity。 〃Concord among citizens〃that is the constant
theme of exhortation emphasised by the councils of elders'25' and by
the choice spirits of the community;'26' at all times and everywhere
through the length and breadth of all Hellas it is an established law
that the citizens be bound together by an oath of concord;'27'
everywhere they do actually swear this oath; not of course as implying
that citizens shall all vote for the same choruses; or give their
plaudits to the same flute…players; or choose the same poets; or limit
themselves to the same pleasures; but simply that they shall pay
obedience to the laws; since in the end that state will prove most
powerful and most prosperous in which the citizens abide by these; but
without concord neither can a state be well administered nor a
household well organised。
'24' Cf。 〃Pol。 Lac。〃 viii。 See Newman; op。 cit。 i。 396。
'25' Lit。 〃the Gerousiai。〃 {S} or {X S} uses the Spartan phraseology。
'26' Lit。 〃the best men。〃 {S} or {X S} speaks as an 〃aristocrat。〃
'27' Cf。 〃Hell。〃 II。 iv。 43; Lys。 xxv。 21 foll。; Schneid。 cf。 Lycurg。
〃u Leocr。〃 189。
And if we turn to private life; what better protection can a man have
than obedience to the laws? This shall be his safeguard against
penalties; his guarantee of honours at the hands of the community; it
shall be a clue to thread his way through the mazes of the law courts
unbewildered; secure against defeat; assured of victory。'28' It is to
him; the law…loving citizen; that men will turn in confidence when
seeking a guardian of the most sacred deposits; be it of money or be
it their sons or daughters。 He; in the eyes of the state collectively;
is trustworthyhe and no other; who alone may be depended on to
render to all alike their duesto parents and kinsmen and servants;
to friends and fellow…citizens and foreigners。 This is he whom the
enemy will soonest trust to arrange an armistice; or a truce; or a
treaty of peace。 They would like to become the allies of this man; and
to fight on his side。 This is he to whom the allies'29' of his country
will most confidently entrust the command of their forces; or of a
garrison; or their states themselves。 This; again; is he who may be
counted on to recompense kindness with gratitude; and who; therefore;
is more sure of kindly treatment than another whose sense of gratitude
is fuller。'30' The most desirable among friends; the enemy of all
others to be avoided; clearly he is not the person whom a foreign
state would choose to go to war with; encompassed by a host of friends
and exempt from foes; his very character has a charm to compel
friendship and alliance; and before him hatred and hostility melt
away。
'28' Or; 〃ignorant of hostile; assured of favourable verdict。〃
'29' Lit。 〃the Allies;〃 e。g。 of Sparta or of Athens; etc。
'30' Lit。 〃From whom may the doer of a deed of kindness more
confidently expect the recompense of gratitude than from your
lover of the law? and whom would one select as the recipient of
kindness rather than a man susceptible of gratitude?〃
And now; Hippias; I have done my part; that is my proof and
demonstration that the 〃lawful〃 and 〃law…observant〃 are synonymous
with the 〃upright〃 and the 〃just〃; do you; if you hold a contrary
view; instruct us。'31'
'31' For the style of this enconium (of the {nomimos}) cf。 〃Ages。〃 i。
36; and for the 〃Socratic〃 reverence for law cf。 Plat。 〃Crito。〃
Then Hippias: Nay; upon my soul; Socrates; I am not aware of holding
any contrary opinion to what you have uttered on the theme of
justice。'32'
'32' Lit。 〃the just and upright;〃 {tou dikaiou}。
Soc。 But now; are you aware; Hippias; of certain unwritten laws?'33'
'33' See Soph。 〃Antig。〃 〃Oed。 T。〃 865; and Prof。 Jebb ad loc。; Dem。
〃de Cor。〃 317; 23; Aristot。 〃Rhet。〃 I。 xiii。
Yes (he answered); those held in every part of the world; and in the
same sense。
Can you then assert (asked Socrates) of these unwritten laws that men
made them?
Nay; how (he answered) should that be; for how could they all have
come together from the ends of the earth? and even if they had so
done; men are not all of one speech?'34'
'34' Or; 〃there would be difficulty of understanding each other; and a
babel of tongues。〃
Soc。 Whom then do you believe to have been the makers of these laws。
Hipp。 For my part; I think that the gods must have made these laws for
men; and I take it as proof that first and foremost it is a law and
custom everywhere to worship and reverence the gods。
Soc。 And; I presume; to honour parents is also customary everywhere?
Yes; that too (he answered)。
Soc。 And; I presume; also the prohibition of intermarriage between
parents and children?
Hipp。 No; at that point I stop; Socrates。 That does not seem to me to
be a law of God。
Now; why? (he asked)。
Because I perceive it is not infrequently transgressed (he
answered)。'35'
'35' Or; 〃as I perceive; it is not of universal application; some
transgress it。〃
Soc。 Well; but there are a good many other things which people do
contrary to law; only the penalty; I take it; affixed to the
transgression of the divine code is certain; there is no escape for
the offender after the manner in which a man may transgress the laws
of man with impunity; slipping through the fingers of justice by
stealth; or avoiding it by violence。
Hipp。 And what is the inevitable penalty paid by those who; being
related as parents and children; intermingle in marriage?
Soc。 The greatest of all penalties; for what worse calamity can human
beings suffer in the production of offspring than to misbeget?'36'
'36' Or; 〃in the propagation of