第58章 BOOK VI(9)

Now the establishment of courts of justice may be regarded as a choice of magistrates,for every magistrate must also be a judge of some things;and the judge,though he be not a magistrate,yet in certain respects is a very important magistrate on the day on which he is determining a suit.Regarding then the judges also as magistrates,let us say who are fit to be judges,and of what they are to be judges,and how many of them are to judge in each suit.Let that be the supreme tribunal which the litigants appoint in common for themselves,choosing certain persons by agreement.And let there be two other tribunals:one for private causes,when a citizen accuses another of wronging him and wishes to get a decision;the other for public causes,in which some citizen is of opinion that the public has been wronged by an individual,and is willing to vindicate the common interests.And we must not forget to mention how the judges are to be qualified,and who they are to be.In the first place,let there be a tribunal open to all private persons who are trying causes one against another for the third time,and let this be composed as follows:-All the officers of state,as well annual as those holding office for a longer period,when the new year is about to commence,in the month following after the summer solstice,on the last day but one of the year,shall meet in some temple,and calling God to witness,shall dedicate one judge from every magistracy to be their first-fruits,choosing in each office him who seems to them to be the best,and whom they deem likely to decide the causes of his fellow-citizens during the ensuing year in the best and holiest manner.And when the election is completed,a scrutiny shall be held in the presence of the electors themselves,and if any one be rejected another shall be chosen in the same manner.Those who have undergone the scrutiny shall judge the causes of those who have declined the inferior courts,and shall give their vote openly.The councillors and other magistrates who have elected them shall be required to be hearers and spectators of the causes;and any one else may be present who pleases.If one man charges another with having intentionally decided wrong,let him go to the guardians of the law and lay his accusation before them,and he who is found guilty in such a case shall pay damages to the injured party equal to half the injury;but if he shall appear to deserve a greater penalty,the judges shall determine what additional punishment he shall suffer,and how much more he ought to pay to the public treasury,and to the party who brought the suit.

In the judgment of offences against the state,the people ought to participate,for when any one wrongs the state all are wronged,and may reasonably complain if they are not allowed to share in the decision.Such causes ought to originate with the people,and the ought also to have the final decision of them,but the trial of them shall take place before three of the highest magistrates,upon whom the plaintiff and the defendant shall agree;and if they are not able to come to an agreement themselves,the council shall choose one of the two proposed.And in private suits,too,as far as is possible,all should have a share;for he who has no share in the administration of justice,is apt to imagine that he has no share in the state at all.And for this reason there shall be a court of law in every tribe,and the judges shall be chosen by lot;-they shall give their decisions at once,and shall be inaccessible to entreaties.

The final judgment shall rest with that court which,as we maintain,has been established in the most incorruptible form of which human things admit:this shall be the court established for those who are unable to get rid of their suits either in the courts of neighbours or of the tribes.

Thus much of the courts of law,which,as I was saying,cannot be precisely defined either as being or not being offices;a superficial sketch has been given of them,in which some things have been told and others omitted.For the right place of an exact statement of the laws respecting suits,under their several heads,will be at the end of the body of legislation;-let us then expect them at the end.Hitherto our legislation has been chiefly occupied with the appointment of offices.Perfect unity and exactness,extending to the whole and every particular of political administration,cannot be attained to the full,until the discussion shall have a beginning,middle,and end,and is complete in every part.At present we have reached the election of magistrates,and this may be regarded as a sufficient termination of what preceded.And now there need no longer be any delay or hesitation in beginning the work of legislation.

Cle.I like what you have said,Stranger-and I particularly like your manner of tacking on the beginning of your new discourse to the end of the former one.

Ath.Thus far,then,the old men's rational pastime has gone off well.

Cle.You mean,I suppose,their serious and noble pursuit?

Ath.Perhaps;but I should like to know whether you and I are agreed about a certain thing.

Cle.About what thing?

Ath.You know.the endless labour which painters expend upon their pictures-they are always putting in or taking out colours,or whatever be the term which artists employ;they seem as if they would never cease touching up their works,which are always being made brighter and more beautiful.

Cle.I know something of these matters from report,although Ihave never had any great acquaintance with the art.