r any injury by theft or violence, for the greater
injury let him pay greater damages to the injured man, and less for the
smaller injury; but in all cases, whatever the injury may have been, as
much as will compensate the loss. And besides the compensation of the
wrong, let a man pay a further penalty for the chastisement of his
offence: he who has done the wrong instigated by the folly of another,
through the lightheartedness of youth or the like, shall pay a lighter
penalty; but he who has injured another through his own folly, when
overcome by pleasure or pain, in cowardly fear, or lust, or envy, or
implacable anger, shall endure a heavier punishment. Not that he is
punished because he did wrong, for that which is done can never be
undone, but in order that in future times, he, and those who see him
corrected, may utterly hate injustice, or at any rate abate much of
their evil-doing. Having an eye to all these things, the law, like a
good archer, should aim at the right measure of punishment, and in all
cases at the deserved punishment. In the attainment of this the judge
shall be a fellow-worker with the legislator, whenever the law leaves
to him to determine what the offender shall suffer or pay; and the
legislator, like a painter, shall give a rough sketch of the cases in
which the law is to be applied. This is what we must do, Megillus and
Cleinias, in the best and fairest manner that we can, saying what the
punishments are to be of all actions of theft and violence, and giving
laws of such a kind as the Gods and sons of Gods would have us give.
If a man is mad he shall not be at large in the city, but his relations
shall keep him at home in any way which they can; or if not, let them
pay a penalty--he who is of the highest class shall pay a penalty of one
hundred drachmas, whether he be a slave or a freeman whom he neglects;
and he of the second class shall pay four-fifths of a mina; and he of
the third class three-fifths; and he of the fourth class two-fifths. Now
there are many sorts of madness, some arising out of disease, which we
have already mentioned; and there are other kinds, which originate in an
evil and passionate temperament, and are increased by bad education;
out of a slight quarrel this class of madmen will often raise a storm of
abuse against one another, and nothing of that sort ought to be allowed
to occur in a well-ordered state. Let this, then, be the law about
abuse, which shall relate to
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