There exists however in all this, a prevalent confusion between Law (or the Lawful) as actually established, and Law (or the Lawful) as it ought to be established, in the judgment of the critic, or of those whom he follows: that is (to use the phrase of Mr. Austin in his 'Province of Jurisprudence') Law as it would be, if it conformed to its assumed measure or test. In the first of these senses, [Greek: to\ no/mimon] is not one and the same, but variable according to place and time--one thing at Sparta, another thing elsewhere: accordingly it would not satisfy the demand of Plato's mind, when he asks for an explanation of [Greek: to\ di/kaion]. It is an explanation in the second of the two senses which Plato seeks--a common measure or test applicable universally, at all times and places. In so far as he ever finds one, it is that which I have mentioned above as delivered by the Platonic Sokrates in this dialogue: viz., the Just or Good, that which ought to be the measure or test of Law and Positive Morality, is, the beneficial or profitable. This (I repeat) is the only approach to a solution which we ever find in Plato. But this is seldom clearly enunciated, never systematically followed out, and sometimes, in appearance, even denied. * * * * * [Side-note: Lectures of Hippias at Sparta not upon geometry, or astronomy, &c., but upon the question--What pursuits are beautiful, fine, and honourable for youth.] I resume the thread of the Hippias Major. Sokrates asks Hippias what sort of lectures they were that he delivered with so much success at Sparta? The Spartans (Hippias replies) knew nothing and cared nothing about letters, geometry, arithmetic, astronomy: but they took delight in hearing tales about heroes, early ancestors, foundation-legends of cities, &c., which his mnemonic artifice enabled him to deliver.[10] The Spartans delight in you (observes Sokrates) as children delight in old women's tales. Yes (replies Hippias), but that is not all: I discoursed to them also, recently, about fine and honourable pursuits, much to their admiration: I supposed a conversation between Nestor and Neoptolemus, after the capture of Troy, in which the veteran, answering a question put by his youthful companion, enlarged upon those pursuits which it was fine, honourable, beautiful for a young man to engage in. My discourse is excellent, and obtained from the Spartans great applause. I am going to deliver it again here at Athens, in the school-room of Pheidostratus, and I invite you, Sokrates, to come and hear it, with as many friends as you can bring.[11] [Footnote 10: Plat. Hipp. Maj. 285 E.] [Footnote 11: Plat. Hipp. Maj. 286 A-B.] [Side-note: Question put by Sokrates, in the name of a friend in the background, who has just been puzzling him with it--What is the Beautiful?]