the memorabilia(纪念品)-第6章
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know what a law is? Well; those are laws which the majority; being met
together in conclave; approve and enact as to what it is right to do; and
what it is right to abstain from doing。
Alc。 Enact on the hypothesis that it is right to do what is good? or to
do what is bad?
Per。 What is good; to be sure; young sir; not what is bad。
Alc。 Supposing it is not the majority; but; as in the case of an oligarchy;
the minority; who meet and enact the rules of conduct; what are these?
Per。 Whatever the ruling power of the state after deliberation enacts as
our duty to do; goes by the name of laws。
Alc。 Then if a tyrant; holding the chief power in the state; enacts rules
of conduct for the citizens; are these enactments law?
Per。 Yes; anything which a tyrant as head of the state enacts; also goes
by the name of law。
Alc。 But; Pericles; violence and lawlessnesshow do we define them?
Is it not when a stronger man forces a weaker to do what seems right to
himnot by persuasion but by compulsion?
Per。 I should say so。
Alc。 It would seem to follow that if a tyrant; without persuading the
citizens; drives them by enactment to do certain thingsthat is
lawlessness?
Per。 You are right; and I retract the statement that measures passed by a
tyrant without persuasion of the citizens are law。
Alc。 And what of measures passed by a minority; not by persuasion of
the majority; but in the exercise of its power only? Are we; or are we not;
to apply the term violence to these?
Per。 I think that anything which any one forces another to do without
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persuasion; whether by enactment or not; is violence rather than law。
Alc。 It would seem that everything which the majority; in the exercise
of its power over the possessors of wealth; and without persuading them;
chooses to enact; is of the nature of violence rather than of law?
To be sure (answered Pericles); adding: At your age we were clever
hands at such quibbles ourselves。 It was just such subtleties which we used
to practise our wits upon; as you do now; if I mistake not。
To which Alcibiades replied: Ah; Pericles; I do wish we could have
met in those days when you were at your cleverest in such matters。
Well; then; as soon as the desired superiority over the politicians of the
day seemed to be attained; Critias and Alcibiades turned their backs on
Socrates。 They found his society unattractive; not to speak of the
annoyance of being cross…questioned on their own shortcomings。
Forthwith they devoted themselves to those affairs of state but for which
they would never have come near him at all。
No; if one would seek to see true companions of Socrates; one must
look to Crito;'24' and Chaerephon; and Chaerecrates; to Hermogenes; to
Simmias and Cebes; to Phaedondes and others; who clung to him not to
excel in the rhetoric of the Assembly or the law…courts; but with the nobler
ambition of attaining to such beauty and goodliness of soul as would
enable them to discharge the various duties of life to house and family; to
relatives and friends; to fellow…citizens; and to the state at large。 Of these
true followers not one in youth or old age was ever guilty; or thought
guilty; of committing any evil deed。
'24' For these true followers; familiar to us in the pages of Plato;
(〃Crito;〃 〃Apol。;〃 〃Phaedo;〃 etc) see Cobet; 〃Pros。 Xen。〃
〃But for all that;〃 the accuser insists; 〃Socrates taught sons to pour
contumely upon their fathers'25' by persuading his young friends that he
could make them wiser than their sires; or by pointing out that the law
allowed a son to sue his father for aberration of mind; and to imprison him;
which legal ordinance he put in evidence to prove that it might be well for
the wiser to imprison the more ignorant。〃
'25' See 〃Apol。〃 20; Arist。 〃Clouds;〃 1407; where Pheidippides 〃drags
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his father Strepsiades through the mire。〃
Now what Socrates held was; that if a man may with justice
incarcerate another for no better cause than a form of folly or ignorance;
this same person could not justly complain if he in his turn were kept in
bonds by his superiors in knowledge; and to come to the bottom of such
questions; to discover the difference between madness and ignorance was
a problem which he was perpetually working at。 His opinion came to this:
If a madman may; as a matter of expediency to himself and his friends; be
kept in prison; surely; as a matter of justice; the man who knows not what
he ought to know should be content to sit at the feet of those who know;
and be taught。
But it was the rest of their kith and kin; not fathers only (according to
the accuser); whom Socrates dishonoured in the eyes of his circle of
followers; when he said that 〃the sick man or the litigant does not derive
assistance from his relatives;'26' but from his doctor in the one case; and
his legal adviser in the other。〃 〃Listen further to his language about
friends;〃 says the accuser: 〃'What is the good of their being kindly
disposed; unless they can be of some practical use to you? Mere goodness
of disposition is nothing; those only are worthy of honour who combine
with the knowledge of what is right the faculty of expounding it;''27' and
so by bringing the young to look upon himself as a superlatively wise
person gifted with an extraordinary capacity for making others wise also;
he so worked on the dispositions of those who consorted with him that in
their esteem the rest of the world counted for nothing by comparison with
Socrates。〃
'26' See Grote; 〃H。 G。〃 v。 535。
'27' Cf。 Thuc。 ii。 60。 Pericles says; 〃Yet I with whom you are so
angry venture to say of myself; that I am as capable as any one of
devising and explaining a sound policy。〃Jowett。
Now I admit the language about fathers and the rest of a man's
relations。 I can go further; and add some other sayings of his; that 〃when
the soul (which is alone the indwelling centre of intelligence) is gone out
of a man; be he our nearest and dearest friend; we carry the body forth and
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bury it out of sight。〃 〃Even in life;〃 he used to say; 〃each of us is ready to
part with any portion of his best possessionto wit; his own bodyif it be
useless and unprofitable。 He will remove it himself; or suffer another to do
so in his stead。 Thus men cut off their own nails; hair; or corns; they allow
surgeons to cut and cauterise them; not without pains and aches; and are so
grateful to the doctor for his services that they further give him a fee。 Or
again; a man ejects the spittle from his mouth as far as possible。'28' Why?
Because it is of no use while it stays within the system; but is detrimental
rather。〃
'28' See Aristot。 〃Eth。 Eud。〃 vii。 1。
Now by these instances his object was not to inculcate the duty of
burying one's father alive or of cutting oneself to bits; but to show that
lack of intelligence means lack of wort