Laws should be just, but they must also be certain, and we are obliged to sacrifice something of their justice to their certainty. Suppose a wise and good judge, who paying little or no regard to the law, attempted to decide with perfect justice the cases that were brought before him. To the uneducated person he would appear to be the ideal of a judge. Such justice has been often exercised in primitive times, or at the present day among eastern rulers. But in the first place it depends entirely on the personal character of the judge. He may be honest, but there is no check upon his dishonesty, and his opinion can only be overruled, not by any principle of law, but by the opinion of another judging like himself without law. In the second place, even if he be ever so honest, his mode of deciding questions would introduce an element of uncertainty into human life; no one would know beforehand what would happen to him, or would seek to conform in his conduct to any rule of law. For the compact which the law makes with men, that they shall be protected if they observe the law in their dealings with one another, would have to be substituted another principle of a more general character, that they shall be protected by the law if they act rightly in their dealings with one another. The complexity of human actions and also the uncertainty of their effects would be increased tenfold. For one of the principal advantages of law is not merely that it enforces honesty, but that it makes men act in the same way, and requires them to produce the same evidence of their acts. Too many laws may be the sign of a corrupt and overcivilized state of society, too few are the sign of an uncivilized one; as soon as commerce begins to grow, men make themselves customs which have the validity of laws. Even equity, which is the exception to the law, conforms to fixed rules and lies for the most part within the limits of previous decisions.
IV. The bitterness of the “Statesman” is characteristic of Plato’s later style, in which the thoughts of youth and love have fled away, and we are no longer tended by the Muses or the Graces. We do not venture to say that Plato was soured by old age, but certainly the kindliness and courtesy of the earlier dialogues have disappeared. He sees the world under a harder and grimmer aspect: he is dealing with the reality of things, not with visions or pictures of them: he is seeking by the aid of dialectic only, to arrive at truth. He is deeply impressed with the importance of classification: in this alone he finds the true measure of human things; and very often in the process of division curious results are obtained. For the dialectical art is no respecter of persons: king and vermin-taker are all alike to the philosopher. There may have been a time when the king was a god, but he now is pretty much on a level with his subjects in breeding and education. Man should be well advised that he is only one of the animals, and the Hellene in particular should be aware that he himself was the author of the distinction between Hellene and Barbarian, and that the Phrygian would equally divide mankind into Phrygians and Barbarians, and that some intelligent animal, like a crane, might go a step further, and divide the animal world into cranes and all other animals. Plato cannot help laughing (compare “Theaetetus” 174) when he thinks of the king running after his subjects, like the pig-driver or the bird-taker. He would seriously have him consider how many competitors there are to his throne, chiefly among the class of serving-men. A good deal of meaning is lurking in the expression—“There is no art of feeding mankind worthy the name.” There is a similar depth in the remark—“The wonder about states is not that they are short-lived, but that they last so long in spite of the badness of their rulers.”
V. There is also a paradoxical element in the “Statesman” which delights in reversing the accustomed use of words. The law which to the Greek was the highest object of reverence is an ignorant and brutal tyrant—the tyrant is converted into a beneficent king. The sophist too is no longer, as in the earlier dialogues, the rival of the statesman, but assumes his form. Plato sees that the ideal of the state in his own day is more and more severed from the actual. From such ideals as he had once formed, he turns away to contemplate the decline of the Greek cities which were far worse now in his old age than they
