d and silver, which arouse envy, and ivory, which is taken from the
dead body of an animal, are unsuitable offerings; iron and brass are
materials of war. Wood and stone of a single piece may be offered; also
woven work which has not occupied one woman more than a month in making.
White is a colour which is acceptable to the Gods; figures of birds and
similar offerings are the best of gifts, but they must be such as the
painter can execute in a day.
Next concerning lawsuits. Judges, or rather arbiters, may be agreed
upon by the plaintiff and defendant; and if no decision is obtained from
them, their fellow-tribesmen shall judge. At this stage there shall be
an increase of the penalty: the defendant, if he be cast, shall pay a
fifth more than the damages claimed. If he further persist, and appeal
a second time, the case shall be heard before the select judges; and
he shall pay, if defeated, the penalty and half as much again. And the
pursuer, if on the first appeal he is defeated, shall pay one fifth
of the damages claimed by him; and if on the second, one half. Other
matters relating to trials, such as the assignment of judges to courts,
the times of sitting, the number of judges, the modes of pleading
and procedure, as we have already said, may be determined by younger
legislators.
These are to be the rules of private courts. As regards public courts,
many states have excellent modes of procedure which may serve for
models; these, when duly tested by experience, should be ratified and
made permanent by us.
Let the judge be accomplished in the laws. He should possess writings
about them, and make a study of them; for laws are the highest
instrument of mental improvement, and derive their name from mind (nous,
nomos). They afford a measure of all censure and praise, whether in
verse or prose, in conversation or in books, and are an antidote to the
vain disputes of men and their equally vain acquiescence in each other's
opinions. The just judge, who imbibes their spirit, makes the city and
himself to stand upright. He establishes justice for the good, and cures
the tempers of the bad, if they can be cured; but denounces death, which
is the only remedy, to the incurable, the threads of whose life cannot
be reversed.
When the suits of the year are completed, execution is to follow. The
court is to award to the plaintiff the property of the defendant, if he
is cast, reserving to him only his lot of land. If the plain
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