Book 9
876
Ath. Yet in regard to them all there is one point that we must of necessity commit for decision,—the question of fact, whether or not each of the alleged acts took place; and it is practically impossible for the lawgiver to refuse in all cases to commit to the courts the question regarding the proper penalty or fine to be inflicted on the culprit, and himself to pass laws respecting all such cases, great and small.
876
Clin. What, then, is to be our next statement?
876
Ath. This,—that some matters are to be committed to the courts, while others are not to be so committed, but enacted by the lawgiver.
876
Clin. What are the matters to be enacted, and what are to be handed over to the law courts for decision?
