Humanitext Reader

Plato · Laws §9.879

Assaults on Parents, Slaves' Violence, and Elder Respect

Passage 137 of 186 · Greek

Summary

The speaker details the judicial procedures for children who assault parents, violent slaves, and involuntary woundings, while emphasizing respect for elders and foreign guests, including the role of city-wardens in punishing abusive foreigners.

§9.879ΑΘ. ἐκγόνοις δὲ πρὸς γονέας εἶναι τῶν τοιούτων τραυμάτων δικαστὰς μὲν τοὺς ὑπὲρ ἑξήκοντα ἔτη γεγονότας ἐπάναγκες, οἷς ἂν παῖδες μὴ ποιητοί, ἀληθινοὶ δέ, ὦσιν, ἂν δέ τις ὄφλῃ, τιμᾶν εἰ τεθνάναι χρὴ τὸν τοιοῦτον εἴτε τι μεῖζον ἕτερον τούτου πάσχειν ἢ καὶ μὴ πολλῷ σμικρότερον·
ATH. In the case of such woundings of parents by their children, it is necessary that those over sixty years of age, who have natural and not adopted children, be the judges; and if anyone is convicted, they must assess whether such a person must die, or suffer some other penalty greater than this, or indeed not much less.
καὶ τῶν συγγενῶν τοῦ δράσαντος μηδένα δικάζειν, μηδʼ ἐὰν γεγονὼς ᾖ τὸν χρόνον ὅσον ὁ νόμος εἴρηκεν.
And let no relative of the doer act as judge, not even if he has reached the age prescribed by the law.
δοῦλος δʼ ἐάν τις ἐλεύθερον ὀργῇ τρώσῃ, παραδότω τὸν δοῦλον ὁ κεκτημένος τῷ τρωθέντι χρῆσθαι ὅτι ἂν ἐθέλῃ· ἐὰν δὲ μὴ παραδιδῷ, αὐτὸς τὴν βλάβην ἐξιάσθω.
If a slave wounds a free person in anger, let the owner hand over the slave to the wounded person to treat him in whatever way he wishes; and if he does not hand him over, let him repair the damage himself.
ἐὰν δὲ ἐκ συνθήκης αἰτιᾶται τοῦ δούλου καὶ τοῦ τρωθέντος μηχανὴν εἶναί τις τὸ γεγονός, ἀμφισβητησάτω· ἐὰν δὲ μὴ ἕλῃ, τριπλασίαν ἐκτεισάτω τὴν βλάβην, ἑλὼν δέ, ἀνδραποδισμοῦ ὑπόδικον ἐχέτω τὸν τεχνάζοντα μετὰ τοῦ δούλου.
But if anyone suspects that the occurrence was a planned plot between the slave and the wounded person, let him dispute it in court; and if he does not win his case, let him pay threefold the damage, but if he wins, let him hold the one who contrived the plot with the slave liable to prosecution for enslavement.
ὃς δʼ ἂν ἄκων ἄλλος ἄλλον τρώσῃ, τὸ βλάβος ἁπλοῦν ἀποτινέτω—τύχης γὰρ νομοθέτης οὐδεὶς ἱκανὸς ἄρχειν—δικασταὶ δὲ ὄντων οἵπερ τοῖς ἐκγόνοις πρὸς τοὺς γεννήτορας ἐρρήθησαν, καὶ τιμώντων τὴν ἀξίαν τῆς βλάβης.
If anyone wounds another involuntarily, let him pay simple damage—for no legislator is able to rule over fortune—and let the judges be those who were specified for children against their parents, and let them assess the worthy measure of the damage.
βίαια μὲν δὴ πάνθʼ ἡμῖν τὰ προειρημένα πάθη, βίαιον δὲ καὶ τὸ τῆς αἰκίας πᾶν γένος.
Now, indeed, all the aforementioned sufferings are violent, and the entire class of assault is also violent.
ὧδε οὖν χρὴ περὶ τῶν τοιούτων πάντα ἄνδρα καὶ παῖδα καὶ γυναῖκα ἀεὶ διανοεῖσθαι, τὸ πρεσβύτερον ὡς οὐ σμικρῷ τοῦ νεωτέρου ἐστὶ πρεσβευόμενον ἔν τε θεοῖσι καὶ ἐν ἀνθρώποις τοῖς μέλλουσι σῴζεσθαι καὶ εὐδαιμονεῖν.
Therefore, concerning such matters, every man, child, and woman must always bear in mind that being older is held in no small honor both among the gods and among those men who are to be saved and prosper.
αἰκίαν οὖν περὶ πρεσβύτερον ἐν πόλει γενομένην ὑπὸ νεωτέρου ἰδεῖν αἰσχρὸν καὶ θεομισές· ἔοικεν δὲ νέῳ παντὶ ὑπὸ γέροντος πληγέντι ῥᾳθύμως ὀργὴν ὑποφέρειν, αὑτῷ τιθεμένῳ τιμὴν ταύτην εἰς γῆρας.
It is, therefore, shameful and hateful to the gods to see an assault committed in the city against an older person by a younger one; and it is fitting for every young person, when struck by an old man, to bear his anger easily, depositing this honor for himself against his own old age.
ὧδε οὖν ἔστω· πᾶς ἡμῖν αἰδείσθω τὸν ἑαυτοῦ πρεσβύτερον ἔργῳ τε καὶ ἔπει· τὸν δὲ προέχοντα εἴκοσιν ἡλικίας ἔτεσιν, ἄρρενα ἢ θῆλυν, νομίζων ὡς πατέρα ἢ μητέρα διευλαβείσθω, καὶ πάσης τῆς δυνατῆς ἡλικίας αὐτὸν φιτῦσαι καὶ τεκεῖν ἀπέχοιτο ἀεὶ θεῶν γενεθλίων χάριν.
Let it be, then, as follows: let everyone among us respect his own senior both in deed and in word; and anyone who is senior by twenty years of age, whether male or female, let him respect and guard against as a father or a mother, and let him always abstain, for the sake of the gods of birth, from striking anyone of an age that could have begotten and given birth to him.
ὡς δʼ αὕτως καὶ ξένου ἀπείργοιτο εἴτε πάλαι ἐνοικοῦντος εἴτε νεήλυδος ἀφιγμένου· μήτε γὰρ ὑπάρχων μήτε ἀμυνόμενος τὸ παράπαν τολμάτω πληγαῖς τὸν τοιοῦτον νουθετεῖν.
In the same way, let him also abstain from a foreigner, whether a long-time resident or a newly arrived guest; for let him not dare, either in initiating an attack or in self-defense, to chastise such a person with blows at all.
ξένον δὲ ἂν ἀσελγαίνοντα καὶ θρασυνόμενον ἑαυτὸν τύπτοντα οἴηται δεῖν κολασθῆναι, λαβὼν πρὸς τὴν ἀρχὴν τῶν ἀστυνόμων ἀπαγέτω, τοῦ τύπτειν δὲ εἰργέσθω, ἵνα πόρρω γίγνηται τοῦ τὸν ἐπιχώριον ἂν τολμῆσαί ποτε πατάξαι.
But if he thinks that a foreigner who is acting outrageously and insolently and striking him needs to be punished, let him seize him and lead him to the office of the city-wardens, but let him abstain from striking him, so that the foreigner may be far from ever daring to strike a local citizen.
οἱ δʼ ἀστυνόμοι παραλαβόντες τε καὶ ἀνακρίναντες, τὸν ξενικὸν αὖ θεὸν εὐλαβούμενοι, ἐὰν ἄρα ἀδίκως δοκῇ ὁ ξένος τὸν ἐπιχώριον τύπτειν, τῇ μάστιγι τὸν ξένον ὅσας ἂν αὐτὸς πατάξῃ τοσαύτας δόντες, τῆς θρασυξενίας παυόντων· ἐὰν δὲ μὴ ἀδικῇ, ἀπειλήσαντές τε καὶ ὀνειδίσαντες τῷ ἀπαγαγόντι μεθιέντων ἄμφω.
And the city-wardens, having taken him in and interrogated him, and showing reverence for the god of foreigners, if indeed the foreigner seems to have struck the citizen unjustly, let them stop his insolence to hosts by giving the foreigner as many lashes with the whip as he himself struck; but if he did no wrong, let them dismiss both of them after threatening and reproaching the man who brought him.

Notes

  1. 879ἐκγόνοις δὲ πρὸς γονέας εἶναι τῶν τοιούτων τραυμάτων — The infinitive `εἶναι` is governed by the impersonal `ἐπάναγκες` ("it is necessary"). The dative construction `ἐκγόνοις... πρὸς γονέας` sets the scope of the lawsuit ("for children against parents"), while the genitive `τῶν τοιούτων τραυμάτων` is a genitive of reference detailing the class of injuries concerned.
  2. 879bἀνδραποδισμοῦ ὑπόδικον — `ἀνδραποδισμός` represents the severe crime of kidnapping a free person into slavery or unlawful enslavement. Here, it denotes holding the free conspirator (who plotted with the slave to stage a false charge) liable to this capital charge of enslavement (`ὑπόδικος`).
  3. 879dπάσης τῆς δυνατῆς ἡλικίας αὐτὸν φιτῦσαι καὶ τεκεῖν — The pronoun `αὐτὸν` (referring to the younger person) is the logical direct object of the two infinitives `φιτῦσαι` ("to beget") and `τεκεῖν` ("to bring forth"), which syntactically qualify the noun `ἡλικίας`. It points to "any generation capable of having begotten him," justifying the prohibition of striking anyone who is old enough to be one's parent.
  4. 879eἵνα πόρρω γίγνηται τοῦ τὸν ἐπιχώριον ἂν τολμῆσαί ποτε πατάξαι — A purpose clause introduced by `ἵνα`. The articular infinitive in the genitive `τοῦ... πατάξαι` depends on the adverb of separation `πόρρω` ("far from"). The potential particle `ἂν` joined with the infinitive `τολμῆσαι` adds the nuance of potentiality, expressing the goal of keeping the foreigner far from even potentially conceiving the audacity of striking a citizen.

Cite this passage

Plato, Laws §9.879. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:greekLit:tlg0059.tlg034.humanitext-grc2:9.879

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