Kitap 6
768
Ath. In the matter of offences against the State it is necessary, first of all, that a share in the trial should be given to the populace, for when a wrong is done to the State, it is the whole of the people that are wronged, and they would justly be vexed if they had no share in such trials; so, while it is right that both the beginning and the ending of such a suit should be assigned to the people, the examination shall take place before three of the highest officials mutually agreed upon by both defendant and plaintiff: should they be unable by themselves to reach an agreement, the Council must revise the choice of each of them. In private suits also, so far as possible, all the citizens must have a share; for the man that has no share in helping to judge imagines that he has no part or lot in the State at all. Therefore there must also be courts for each tribe, and judges appointed by lot and to meet the sudden occasion must judge the cases, unbiased by appeals; but the final verdict in all such cases must rest with that court which we declare to be organized in the most incorruptible way that is humanly possible, specially for the benefit of those who have failed to obtain a settlement of their case either before the neighbors or in the tribal courts.The whole of this account (Plat. Laws 766e-768c) of courts and judges is confused and confusing. It would seem that 2 classes of suits are indicated, public and private, and 3 kinds of courts, viz. (1) local courts (composed of neighbors) , (2) tribal courts, (3) courts of appeal. Thus as concerns the law-courts—which, as we say, cannot easily be called either offices or non-offices without ambiguity—this outline sketch serves to describe them in part, though there is a good deal it omits; for detailed legislation and definition concerning suits would most properly be placed at the conclusion of the legislative code.Cp. Plat. Laws 853a ff., Plat. Laws 956b. So let these matters be directed to wait for us at the conclusion; and I should say that the other official posts have had most of the legislation they require for their establishment. But a full and precise account concerning each and all of the State departments and the whole of the civic organization it is impossible to give clearly until our review has embraced every section of its subject, from the first to the very last, in proper order. So now, at the point where we stand—when our exposition has reached so far as to include the election of the officials—we may find a fit place to terminate our previous subject, and to commence the subject of legislation, which no longer needs any postponements or delays.
