Let us enquire more particularly about sacrilege, theft and other
crimes, for which we have already legislated in part. And this leads
us to ask, first of all, whether we are agreed or disagreed about the
nature of the honourable and just. 'To what are you referring?' I will
endeavour to explain. All are agreed that justice is honourable, whether
in men or things, and no one who maintains that a very ugly men who is
just, is in his mind fair, would be thought extravagant. 'Very true.'
But if honour is to be attributed to justice, are just sufferings
honourable, or only just actions? 'What do you mean?' Our laws supply a
case in point; for we enacted that the robber of temples and the traitor
should die; and this was just, but the reverse of honourable. In this
way does the language of the many rend asunder the just and honourable.
'That is true.' But is our own language consistent? I have already said
that the evil are involuntarily evil; and the evil are the unjust. Now
the voluntary cannot be the involuntary; and if you two come to me
and say, 'Then shall we legislate for our city?' Of course, I shall
reply.--'Then will you distinguish what crimes are voluntary and what
involuntary, and shall we impose lighter penalties on the latter, and
heavier on the former? Or shall we refuse to determine what is the
meaning of voluntary and involuntary, and maintain that our words have
come down from heaven, and that they should be at once embodied in a
law?' All states legislate under the idea that there are two classes of
actions, the voluntary and the involuntary, but there is great confusion
about them in the minds of men; and the law can never act unless they
are distinguished. Either we must abstain from affirming that unjust
actions are involuntary, or explain the meaning of this statement.
Believing, then, that acts of injustice cannot be divided into voluntary
and involuntary, I must endeavour to find some other mode of classifying
them. Hurts are voluntary and involuntary, but all hurts are not
injuries: on the other hand, a benefit when wrongly conferred may be an
injury. An act which gives or takes away anything is not simply just;
but the legislator who has to decide whether the case is one of hurt or
injury, must consider the animus of the agent; and when there is hurt,
he must as far as possible, provide a remedy and reparation: but if
there is injustice, he must, when compensation has been made, further
endeavour to reconcile the two parties. 'Excellent.' Where injustice,
like disease, is remediable, there the remedy must be applied in word
or deed, with the assistance of pleasures and pains, of bounties and
penalties, or any other influence which may inspire man with the love
of justice, or hatred of injustice; and this is the noblest work of
law. But when the legislator perceives the evil to be incurable, he will
consider that the death of the offender will be a good to himself,