A thief, whether he steals much or little, must refund twice the amount,
if he can do so without impairing his lot; if he cannot, he must go to
prison until he either pays the plaintiff, or in case of a public theft,
the city, or they agree to forgive him. 'But should all kinds of theft
incur the same penalty?' You remind me of what I know--that legislation
is never perfect. The men for whom laws are now made may be compared
to the slave who is being doctored, according to our old image, by the
unscientific doctor. For the empirical practitioner, if he chance to
meet the educated physician talking to his patient, and entering into
the philosophy of his disease, would burst out laughing and say, as
doctors delight in doing, 'Foolish fellow, instead of curing the patient
you are educating him!' 'And would he not be right?' Perhaps; and
he might add, that he who discourses in our fashion preaches to the
citizens instead of legislating for them. 'True.' There is, however, one
advantage which we possess--that being amateurs only, we may either take
the most ideal, or the most necessary and utilitarian view. 'But why
offer such an alternative? As if all our legislation must be done
to-day, and nothing put off until the morrow. We may surely rough-hew
our materials first, and shape and place them afterwards.' That will be
the natural way of proceeding. There is a further point. Of all writings
either in prose or verse the writings of the legislator are the most
important. For it is he who has to determine the nature of good and
evil, and how they should be studied with a view to our instruction.
And is it not as disgraceful for Solon and Lycurgus to lay down false
precepts about the institutions of life as for Homer and Tyrtaeus?
The laws of states ought to be the models of writing, and what is at
variance with them should be deemed ridiculous. And we may further
imagine them to express the affection and good sense of a father or
mother, and not to be the fiats of a tyrant. 'Very true.'