Kitap 9
856
Clin. Very good.
857
Ath. Moreover, a third general law shall be laid down, dealing with the judges to be employed and the manner of the trials, in cases where one man prosecutes another on a charge of treason; and concerning the offspring, likewise, whether they are to remain in their country or be expelled, this one law shall apply to the three cases of the traitor, the temple-robber, and the man who wrecks the State laws by violence. For the thief also, whether he steals a great thing or a small, one law and one legal penalty shall be enacted for all alikeBut cp. Plat. Laws 859b ff., Plat. Laws 933e ff.: first, he must pay twice the value of the stolen article, if he loses his case and possesses enough property over and above his allotment wherewith to pay; but if not, he must be put in prison until either he has paid the sum or has been let off by the prosecutor. And if a man be cast in a suit for theft from the State, on obtaining pardon from the State, or after payment of double the sum stolen, he shall be let out of prison.
857
Clin. How comes it, Stranger, that we are ruling that it makes no difference to the thief whether the thing he steals be great or small, and whether the place it is stolen from be holy or unhallowed, or whatever other differences may exist in the manner of a theft; whereas the lawgiver ought to suit the punishment to the crime by inflicting dissimilar penalties in these varying cases?
