d by it. Plato is not disposed to encourage amateur attempts
to revive religion in states. For, as he says in the Laws, 'To institute
religious rites is the work of a great intelligence.'

Though the council is framed on the model of the Athenian Boule, the law
courts of Plato do not equally conform to the pattern of the Athenian
dicasteries. Plato thinks that the judges should speak and ask
questions:--this is not possible if they are numerous; he would,
therefore, have a few judges only, but good ones. He is nevertheless
aware that both in public and private suits there must be a
popular element. He insists that the whole people must share in the
administration of justice--in public causes they are to take the first
step, and the final decision is to remain with them. In private suits
they are also to retain a share; 'for the citizen who has no part in the
administration of justice is apt to think that he has no share in the
state. For this reason there is to be a court of law in every tribe
(i.e. for about every 2,000 citizens), and the judges are to be chosen
by lot.' Of the courts of law he gives what he calls a superficial
sketch. Nor, indeed is it easy to reconcile his various accounts
of them. It is however clear that although some officials, like the
guardians of the law, the wardens of the agora, city, and country have
power to inflict minor penalties, the administration of justice is in
the main popular. The ingenious expedient of dividing the questions of
law and fact between a judge and jury, which would have enabled Plato to
combine the popular element with the judicial, did not occur to him or
to any other ancient political philosopher. Though desirous of limiting
the number of judges, and thereby confining the office to persons
specially fitted for it, he does not seem to have understood that a body
of law must be formed by decisions as well as by legal enactments.

He would have men in the first place seek justice from their friends and
neighbours, because, as he truly remarks, they know best the questions
at issue; these are called in another passage arbiters rather than
judges. But if they cannot settle the matter, it is to be referred to
the courts of the tribes, and a higher penalty is to be paid by the
party who is unsuccessful in the suit. There is a further appeal allowed
to the select judges, with a further increase of penalty. The select
judges are to be appointed by the magistrates, who are to