Slander, a Warning (7-8)

Secondly, it is easy to realize that such a person offends against justice, law, and piety, and is a pest to all who associate with him. Equality in everything, and contentment with your proper share, are the essentials of justice; inequality and overreaching, of injustice; that every one will admit. It is not less clear that the man who secretly slanders the absent is

guilty of over-reaching; he is insisting on entire possession of his hearer, appropriating and enclosing his ears, guarding them against impartiality by blocking them with prejudice. Such procedure is unjust to the last degree; we have the testimony of the best law-givers for that; Solon and Draco made every. juror swear that he would hear indifferently, and view both parties with equal benevolence, till the defence should have been compared with the prosecution and proved better or worse than it. Before such balancing of the speeches, they considered that the forming of a conclusion must be impious and unholy. We may indeed literally suppose Heaven to be offended, if we license the accuser to say what he will, and then; closing our own ears or the defendant’s mouth, allow our judgement to be dictated by the first speech. No one can say, then, that the uttering of slander is reconcilable with the’ requirements of justice, of law, or of the juror’s oath. If it is objected that the lawgivers are no sufficient authority for such extreme justice and impartiality, I fall back on the prince of poets, who has expressed a sound opinion, or let me say, laid down a sound - law on the subject: He too was doubtless very well aware that, of all the ills that flesh is heir to, none is more grievous or more iniquitous than that a man should be condemned unjudged and unheard. That is precisely what the slanderer tries to effect by exposing the slandered without trial to his hearer’s wrath, and precluding defence by the secrecy of his denunciation.