Plato and the Other Companions of Sokrates, 3rd ed. Volume 2
Plato · en
Whoever has followed the abstract of the Minos, which I have just
given, will remark the different explanations of the word Law--both
those which are disallowed, and that which is preferred, though left
incomplete, by Sokrates. On this same subject, there are in many
writers, modern as well an ancient, two distinct modes of confusion
traceable--pointed out by eminent recent jurists, such as Mr.
Bentham, Mr. Austin, and Mr. Maine. 1. Between Law as it is, and Law
as it ought to be. 2. Between Laws Imperative, set by intelligent
rulers, and enforced by penal sanction--and Laws signifying
uniformities of fact expressed in general terms, such as the Law of
Gravitation, Crystallisation, &c.--We can hardly say that in the
dialogue Minos, Plato falls into the first of these two modes of
confusion: for he expressly says that he only recognises the Ideal of
Law, or Law as it ought to be (actual Laws everywhere being
disallowed, except in so far as they conform thereunto). But he does
fall into the second, when he identifies the Lawful with the Real or
Existent. His Ideal stands in place of generalisations of fact.
There is also much confusion, if we compare the Minos with other
dialogues; wherein Plato frequently talks of Laws as the laws and
customs actually existing or imperative in any given state--Athens,
Sparta, or elsewhere ([Greek: No/mos = ta\ nomizo/mena], according to
the first words in the Minos). For example, in the harangue which he
supposes to be addressed to Sokrates in the Kriton, and which he
invests with so impressive a character--the Laws of Athens are
introduced as speakers: but according to the principles laid down in
the Minos, three-fourths of the Laws of Athens could not be regarded
as laws at all. If therefore we take Plato's writings throughout, we
shall not find that he is constant to one uniform sense of the word
Law, or that he escapes the frequent confusion between Law as it
actually exists and Law as it ought to be.[49]