If, again,
there are to be other cultivators distinct both from the husbandmen,
who have land of their own, and from the warriors, they will make a
fourth class, which has no place in the state and no share in
anything. Or, if the same persons are to cultivate their own lands,
and those of the public as well, they will have difficulty in
supplying the quantity of produce which will maintain two
households: and why, in this case, should there be any division, for
they might find food themselves and give to the warriors from the same
land and the same lots? There is surely a great confusion in all this.
Neither is the law to commended which says that the judges, when a
simple issue is laid before them, should distinguish in their
judgement; for the judge is thus converted into an arbitrator. Now, in
an arbitration, although the arbitrators are many, they confer with
one another about the decision, and therefore they can distinguish;
but in courts of law this is impossible, and, indeed, most legislators
take pains to prevent the judges from holding any communication with
one another. Again, will there not be confusion if the judge thinks
that damages should be given, but not so much as the suitor demands?
He asks, say, for twenty minae, and the judge allows him ten minae (or
in general the suitor asks for more and the judge allows less),
while another judge allows five, another four minae.
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