Of the three parts of which a polity consists, it now remains that we should speak of the judicial. But the modes also of this must be assumed according to the same hypothesis as that of the magisterial part. The difference, however, of judicial processes consists in three terms, viz. of the persons whom, the particulars about which, and the way in which they are conducted. But when I say of the persons whom, I mean whether the courts of justice shall consist of the whole people, or of some of them; by the particulars about which, I mean how many species there shall be of courts of justice; and by the way or manner, whether they shall be formed by vote or lot. In the first place, therefore, let us determine, how many species there ought to be of courts of justice. But they are eight in number. One, indeed, is the court of inspection over the behaviour of the magistrates, when they have quitted their office. Another consists in taking cognizance of those who have committed some public injury. Another, in attending to those causes in which the state is a party. The fourth consists in deciding between magistrates and private persons, who appeal from a fine laid upon them. The fifth, in determining disputes about private contracts of some magnitude. And besides these, the court which judges of murders, and between foreigners. The species of murder, therefore, may be tried by the same, or by different judges, both premeditated and involuntary murder; and also such murders as are indeed acknowledged to have been committed, but the justice of which is dubious. There is, likewise, another court, called at Athens the court of Phreattæ, which determines such things as relate to a murder committed by one who has run away, and decides whether he shall return. Things, however, of this kind happen but seldom, and in large cities. Another court consists in determining causes wherein strangers are concerned, and this, whether they are between one stranger and another, or between a stranger and a citizen. Farther still, besides all these, there is a court for small contracts, from one to five drachmas, or a little more. For it is necessary, indeed, that these should be legally determined; but they do not fall under the cognizance of the whole multitude of the judges. These things, however, we shall omit, and also the actions pertaining to murder and strangers; but let us speak of political affairs, concerning which, if they are not well conducted, seditions are produced, and the commotions of polities. But it is necessary, either that all persons should judge of all the above-mentioned causes by vote, or by lot; or all of all, partly by vote, and partly by lot; or in some causes by vote, and in others by lot. These modes, therefore, are four in number. But the other modes will be as many which are according to a part of the people. For again in these, either the judges of all things must be chosen out of that part by vote, or by lot; or some by lot, and some by vote; or some of the courts of justice about the same causes must be formed partly by vote and partly by lot. And thus the modes will be the same in number with the above-mentioned. But again, the same may be combined. I mean, for instance, some of them may consist of all the people, others of a certain class, and others of both. Thus, if there should be a court of justice about the same thing, some of the judges may be chosen from all the people, but others from a certain class of them, and this either by lot, or vote, or both. And thus we have shown in how many modes courts of justice may be formed. But of these, the first are democratic, and are such as consist of all the people, or take cognizance of all causes. The second are oligarchic, and are such as consist of certain persons, and take cognizance of all causes. And the third are aristocratical and political, and these partly consist of all the people, and partly of some of them.
The lessons published on this site are freely available to read. If you wish to move from reading to formal study — with graded assessments, academic records, and the support of the Academy — you may enroll at any time. Enrollment is open year round, to students of all ages.
