ife; although actions done in error are often thought to
be involuntary injustice. No controversy need be raised about names at
present; we are only desirous of fixing in our memories the heads of
error. And the pain which is called fear and anger is our first head of
error; the second is the class of pleasures and desires; and the third,
of hopes which aim at true opinion about the best;--this latter falls
into three divisions (i.e. (1) when accompanied by simple ignorance, (2)
when accompanied by conceit of wisdom combined with power, or (3) with
weakness), so that there are in all five. And the laws relating to them
may be summed up under two heads, laws which deal with acts of open
violence and with acts of deceit; to which may be added acts both
violent and deceitful, and these last should be visited with the utmost
rigour of the law. 'Very properly.'
Let us now return to the enactment of laws. We have treated of
sacrilege, and of conspiracy, and of treason. Any of these crimes may be
committed by a person not in his right mind, or in the second childhood
of old age. If this is proved to be the fact before the judges, the
person in question shall only have to pay for the injury, and not be
punished further, unless he have on his hands the stain of blood. In
this case he shall be exiled for a year, and if he return before the
expiration of the year, he shall be retained in the public prison two
years.
Homicides may be divided into voluntary and involuntary: and first of
involuntary homicide. He who unintentionally kills another man at the
games or in military exercises duly authorized by the magistrates,
whether death follow immediately or after an interval, shall be
acquitted, subject only to the purification required by the Delphian
Oracle. Any physician whose patient dies against his will shall in like
manner be acquitted. Any one who unintentionally kills the slave of
another, believing that he is his own, with or without weapons, shall
bear the master of the slave harmless, or pay a penalty amounting to
twice the value of the slave, and to this let him add a purification
greater than in the case of homicide at the games. If a man kill his
own slave, a purification only is required of him. If he kill a freeman
unintentionally, let him also make purification; and let him remember
the ancient tradition which says that the murdered man is indignant when
he sees the murderer walk about in his own accustomed haunt
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