FREE BOOKS

Author's List




PREV.   NEXT  
|<   51   52   53   54   55   56   57   58   59   60   61   62   63   64   65   66   67   68   69   70   71   72   73   74   75  
76   77   78   79   80   81   82   83   84   85   86   87   88   89   90   91   92   93   94   95   96   97   98   99   100   >>   >|  
nd place it upon the list of those crimes which we refer for judgment to the gods. VII. Many arguments occur to me which prove that this vice ought not to come under the action of the law. First of all, the best part of a benefit is lost if the benefit can be sued for at law, as in the case of a loan, or of letting and hiring. Indeed, the finest part of a benefit is that we have given it without considering whether we shall lose it or not, that we have left all this to the free choice of him who receives it: if I call him before a judge, it begins to be not a benefit, but a loan. Next, though it is a most honourable thing to show gratitude, it ceases to be honourable if it be forced, for in that case no one will praise a grateful man any more than he praises him who restores the money which was deposited in his keeping, or who pays what he borrowed without the intervention of a judge. We should therefore spoil the two finest things in human life,--a grateful man and a beneficent man; for what is there admirable in one who does not give but merely lends a benefit, or in one who repays it, not because he wishes, but because he is forced to do so? There is no credit in being grateful, unless it is safe to be ungrateful. Besides this, all the courts would hardly be enough for the action of this one law. Who would not plead under it? Who would not be pleaded against? for every one exalts his own merits, every one magnifies even the smallest matters which he has bestowed upon another. Besides this, those things which form the subject of a judicial inquiry can be distinctly defined, and cannot afford unlimited licence to the judge; wherefore a good cause is in a better position if it before a judge than before an arbitrator, because the words of the law tie down a judge and define certain limits beyond which he may not pass, whereas the conscience of an arbitrator is free and not fettered by any rules, so that he can either give or take away, and can arrange his decision, not according to the precepts of law and justice, but just as his own kindly feeling or compassion may prompt him. An action for ingratitude would not bind a judge, but would place him in the position of an autocrat. It cannot be known what or how great a benefit is; all that would be really important would be, how indulgently the judge might interpret it. No law defines an ungrateful person, often, indeed, one who repays what he has received is ungrateful, a
PREV.   NEXT  
|<   51   52   53   54   55   56   57   58   59   60   61   62   63   64   65   66   67   68   69   70   71   72   73   74   75  
76   77   78   79   80   81   82   83   84   85   86   87   88   89   90   91   92   93   94   95   96   97   98   99   100   >>   >|  



Top keywords:
benefit
 

ungrateful

 

grateful

 
action
 

things

 
finest
 

forced

 

arbitrator

 

honourable

 

position


repays

 
Besides
 

magnifies

 

exalts

 

pleaded

 

merits

 

wherefore

 

distinctly

 

defined

 
inquiry

judicial

 

subject

 
bestowed
 

afford

 

smallest

 

matters

 

unlimited

 
licence
 

autocrat

 
ingratitude

compassion

 

prompt

 

important

 

person

 
received
 

defines

 

indulgently

 
interpret
 

feeling

 

kindly


conscience

 
fettered
 

define

 

limits

 

precepts

 

justice

 

decision

 

arrange

 

Indeed

 

letting