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Miscellany

Miscellany Rule of Law

While at war to end Sparta’s regional supremacy, Theban general Epaminondas persuaded his soldiers to fight an extra four months, in violation of law; for this he was condemned to death on returning home victorious. He made no defense but proposed an inscription be made clarifying that “Epaminondas was punished by the Thebans with death” because “he not only saved Thebes from destruction but also secured freedom for all Greece.” The jury broke into laughter and refused to carry out the sentence.

Miscellany Rule of Law

Nineteenth-century British penologist Matthew Davenport Hill, who believed justice to be debased by fees extracted throughout the legal process, often cited mock examination questions given by Cambridge professor Richard Porson. “What happens if you win your cause?” asks the first, to which the answer is “You are nearly ruined.” The second: “What happens if you lose your cause?” Answer: “You are quite ruined.”

Miscellany Rule of Law

A section on law and justice in the Arthashastra, an ancient Indian manual of statecraft, describes an apparently coveted capital punishment. “Being gored to death by an elephant is as meritorious as having the sacred bath at the end of the ashvamedha horse sacrifice,” it reads. Anyone seeking this sentence is required to provide gifts of rice, wine, and garlands as well as “a piece of cloth to clean the tusks.”

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