The evil-doer is deemed happy if he escapes, and miserable if he suffers punishment; but Socrates thinks him less miserable if he suffers than if he escapes. Polus is of opinion that such a paradox as this hardly deserves refutation, and is at any rate sufficiently refuted by the fact. Socrates has only to compare the lot of the successful tyrant who is the envy of the world, and of the wretch who, having been detected in a criminal attempt against the state, is crucified or burnt to death. Socrates replies, that if they are both criminal they are both miserable, but that the unpunished is the more miserable of the two. At this Polus laughs outright, which leads Socrates to remark that laughter is a new species of refutation. Polus replies, that he is already refuted; for if he will take the votes of the company, he will find that no one agrees with him. To this Socrates rejoins, that he is not a public man, and (referring to his own conduct at the trial of the generals after the battle of Arginusae) is unable to take the suffrages of any company, as he had shown on a recent occasion; he can only deal with one witness at a time, and that is the person with whom he is arguing. But he is certain that in the opinion of any man to do is worse than to suffer evil. Polus, though he will not admit this, is ready to acknowledge that to do evil is considered the more foul or dishonourable of the two. But what is fair and what is foul; whether the terms are applied to bodies, colours, figures, laws, habits, studies, must they not be defined with reference to pleasure and utility? Polus assents to this latter doctrine, and is easily persuaded that the fouler of two things must exceed either in pain or in hurt. But the doing cannot exceed the suffering of evil in pain, and therefore must exceed in hurt. Thus doing is proved by the testimony of Polus himself to be worse or more hurtful than suffering.