42
Very well; since he has clearly done what I accuse him of, and has done it by way of insult, we must now consider the laws, gentlemen of the jury, for it is in accordance with the laws that you have sworn to give your verdict. Observe, moreover, that the laws treat the willful and insolent transgressors as deserving more resentment and a heavier punishment than other classes of offenders.
43
First then, all the laws of damage—to take these first—order the offender to pay the amount twice over if the damage is willful, but only once if it is involuntary. This is reasonable, because, while the injured party is in any case entitled to relief, the law does not ordain that the resentment against the aggressor should be the same, whether his act is voluntary or involuntary. Again, the laws of homicide punish willful murder with death, perpetual exile, and confiscation of goods, but accidental homicide they treat with much consideration and charity.