word, men pursue revenge, and kill a person intentionally,
and are not sorry for the act. And, therefore,
we must assume that these homicides are of two kinds,
both of them arising from passion, which may be justly
said to be in a mean between the voluntary and involuntary;
at the same time, they are neither of them anything
more than a likeness or shadow of either. He who
treasures up his anger, and avenges himself, not immediately
and at the moment, but with insidious design, and
after an interval, is like the voluntary; but he who
does not treasure up his anger, and takes vengeance
on the instant, and without malice prepense, approaches
to the involuntary; and yet even he is not altogether
involuntary, but is only the image or shadow of the
involuntary; wherefore about homicides committed in
hot blood, there is a difficulty in determining whether
in legislating we shall reckon them as voluntary or
as partly involuntary. The best and truest view
is to regard them respectively as likenesses only
of the voluntary and involuntary, and to distinguish
them accordingly as they are done with or without
premeditation. And we should make the penalties
heavier for those who commit homicide with angry premeditation,
and lighter for those who do not premeditate, but smite
upon the instant; for that which is like a greater
evil should be punished more severely, and that which
is like a less evil should be punished less severely:
this shall be the rule of our laws.
Cleinias: Certainly.
Athenian: Let us proceed: If any one
slays a freeman with his own hand, and the deed be
done in a moment of anger, and without premeditation,
let the offender suffer in other respects as the involuntary
homicide would have suffered, and also undergo an
exile of two years, that he may learn to school his
passions. But he who slays another from passion,
yet with premeditation, shall in other respects suffer
as the former; and to this shall be added an exile
of three instead of two years—his punishment
is to be longer because his passion is greater.
The manner of their return shall be on this wise:
(and here the law has difficulty in determining exactly;
for in some cases the murderer who is judged by the
law to be the worse may really be the less cruel,
and he who is judged the less cruel may be really
the worse, and may have executed the murder in a more
savage manner, whereas the other may have been gentler.
But in general the degrees of guilt will be such as
we have described them. Of all these things the
guardians of the law must take cognizance): When
a homicide of either kind has completed his term of
exile, the guardians shall send twelve judges to the
borders of the land; these during the interval shall
have informed themselves of the actions of the criminals,
and they shall judge respecting their pardon and reception;
and the homicides shall abide by their judgment.
But if after they have returned home, any one of them