Book 1
2.40
Indeed, there is a story told of Alcibiades, that, when he was less than twenty years old, he had a talk about laws with Pericles, his guardian, the first citizen in the State.
2.41
Tell me, Pericles, he said, can you teach me what a law is? Certainly, he replied.Then pray teach me. For whenever I hear men praised for keeping the laws, it occurs to me that no one can really deserve that praise who does not know what a law is.
2.42
Well, Alcibiades, there is no great difficulty about what you desire. You wish to know what a law is. Laws are all the rules approved and enacted by the majority in assembly, whereby they declare what ought and what ought not to be done.Do they suppose it is right to do good or evil?Good, of course, young man, — not evil.
2.43
But if, as happens under an oligarchy, not the majority, but a minority meet and enact rules of conduct, what are these?Whatsoever the sovereign power in the State, after deliberation, enacts and directs to be done is known as a law. If, then, a despot, being the sovereign power, enacts what the citizens are to do, are his orders also a law?Yes, whatever a despot as ruler enacts is also known as a law.
2.44
But force, the negation of law, what is that, Pericles? Is it not the action of the stronger when he constrains the weaker to do whatever he chooses, not by persuasion, but by force?That is my opinion. Then whatever a despot by enactment constrains the citizens to do without persuasion, is the negation of law?I think so: and I withdraw my answer that whatever a despot enacts without persuasion is a law.
2.45
And when the minority passes enactments, not by persuading the majority, but through using its power, are we to call that force or not? Everything, I think, that men constrain others to do without persuasion, whether by enactment or not, is not law, but force. It follows then, that whatever the assembled majority, through using its power over the owners of property, enacts without persuasion is not law, but force?
