[Laws by Plato]@TWC D-Link bookLaws INTRODUCTION AND ANALYSIS 304/519
The ingenious expedient of dividing the questions of law and fact between a judge and jury, which would have enabled Plato to combine the popular element with the judicial, did not occur to him or to any other ancient political philosopher.
Though desirous of limiting the number of judges, and thereby confining the office to persons specially fitted for it, he does not seem to have understood that a body of law must be formed by decisions as well as by legal enactments. He would have men in the first place seek justice from their friends and neighbours, because, as he truly remarks, they know best the questions at issue; these are called in another passage arbiters rather than judges.
But if they cannot settle the matter, it is to be referred to the courts of the tribes, and a higher penalty is to be paid by the party who is unsuccessful in the suit.
There is a further appeal allowed to the select judges, with a further increase of penalty.
The select judges are to be appointed by the magistrates, who are to choose one from every magistracy.
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