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You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: Laws + +Author: Plato + +Release Date: October 29, 2008 [EBook #1750] +Last Updated: January 15, 2013 + +Language: English + +Character set encoding: ASCII + +*** START OF THIS PROJECT GUTENBERG EBOOK LAWS *** + + + + +Produced by Sue Asscher, and David Widger + + + + + +</pre> + <p> + <br /><br /> + </p> + <h1> + LAWS + </h1> + <p> + <br /> + </p> + <h2> + By Plato + </h2> + <p> + <br /><br /> + </p> + <h3> + Translated By Benjamin Jowett + </h3> + <p> + <br /> <br /> + </p> + <hr /> + <p> + <br /> <br /> + </p> + <blockquote> + <p class="toc"> + <big><b>CONTENTS</b></big> + </p> + <p> + <br /> + </p> + <p class="toc"> + <a href="#link2H_INTR"> INTRODUCTION AND ANALYSIS. </a> + </p> + <p class="toc"> + <a href="#link2H_4_0002"> EXCURSUS ON THE RELATION OF THE LAWS OF PLATO + TO THE INSTITUTIONS OF<br /> CRETE AND LACEDAEMON AND TO THE LAWS AND + CONSTITUTION OF ATHENS. </a> + </p> + <p> + <br /> + </p> + <p class="toc"> + <a href="#link2H_4_0003"> <b>LAWS</b> </a> + </p> + <p> + <br /> + </p> + <p class="toc"> + <a href="#link2H_4_0004"> BOOK I. </a> + </p> + <p class="toc"> + <a href="#link2H_4_0005"> BOOK II. </a> + </p> + <p class="toc"> + <a href="#link2H_4_0006"> BOOK III. </a> + </p> + <p class="toc"> + <a href="#link2H_4_0007"> BOOK IV. </a> + </p> + <p class="toc"> + <a href="#link2H_4_0008"> BOOK V. </a> + </p> + <p class="toc"> + <a href="#link2H_4_0009"> BOOK VI. </a> + </p> + <p class="toc"> + <a href="#link2H_4_0010"> BOOK VII. </a> + </p> + <p class="toc"> + <a href="#link2H_4_0011"> BOOK VIII. </a> + </p> + <p class="toc"> + <a href="#link2H_4_0012"> BOOK IX. </a> + </p> + <p class="toc"> + <a href="#link2H_4_0013"> BOOK X. </a> + </p> + <p class="toc"> + <a href="#link2H_4_0014"> BOOK XI. </a> + </p> + <p class="toc"> + <a href="#link2H_4_0015"> BOOK XII. </a> + </p> + </blockquote> + <p> + <br /> <br /> + </p> + <hr /> + <p> + <br /> <br /> <a name="link2H_INTR" id="link2H_INTR"> + <!-- H2 anchor --> </a> + </p> + <h2> + INTRODUCTION AND ANALYSIS. + </h2> + <p> + The genuineness of the Laws is sufficiently proved (1) by more than twenty + citations of them in the writings of Aristotle, who was residing at Athens + during the last twenty years of the life of Plato, and who, having left it + after his death (B.C. 347), returned thither twelve years later (B.C. + 335); (2) by the allusion of Isocrates + </p> + <p> + (Oratio ad Philippum missa, p.84: To men tais paneguresin enochlein kai + pros apantas legein tous sunprechontas en autais pros oudena legein estin, + all omoios oi toioutoi ton logon (sc. speeches in the assembly) akuroi + tugchanousin ontes tois nomois kai tais politeiais tais upo ton sophiston + gegrammenais.) —writing 346 B.C., a year after the death of Plato, + and probably not more than three or four years after the composition of + the Laws—who speaks of the Laws and Republics written by + philosophers (upo ton sophiston); (3) by the reference (Athen.) of the + comic poet Alexis, a younger contemporary of Plato (fl. B.C 356-306), to + the enactment about prices, which occurs in Laws xi., viz that the same + goods should not be offered at two prices on the same day + </p> +<pre xml:space="preserve"> + (Ou gegone kreitton nomothetes tou plousiou + Aristonikou tithesi gar nuni nomon, + ton ichthuopolon ostis an polon tini + ichthun upotimesas apodot elattonos + es eipe times, eis to desmoterion + euthus apagesthai touton, ina dedoikotes + tes axias agaposin, e tes esperas + saprous apantas apopherosin oikade. +</pre> + <p> + Meineke, Frag. Com. Graec.); (4) by the unanimous voice of later antiquity + and the absence of any suspicion among ancient writers worth speaking of + to the contrary; for it is not said of Philippus of Opus that he composed + any part of the Laws, but only that he copied them out of the waxen + tablets, and was thought by some to have written the Epinomis (Diog. + Laert.) That the longest and one of the best writings bearing the name of + Plato should be a forgery, even if its genuineness were unsupported by + external testimony, would be a singular phenomenon in ancient literature; + and although the critical worth of the consensus of late writers is + generally not to be compared with the express testimony of contemporaries, + yet a somewhat greater value may be attributed to their consent in the + present instance, because the admission of the Laws is combined with + doubts about the Epinomis, a spurious writing, which is a kind of epilogue + to the larger work probably of a much later date. This shows that the + reception of the Laws was not altogether undiscriminating. + </p> + <p> + The suspicion which has attached to the Laws of Plato in the judgment of + some modern writers appears to rest partly (1) on differences in the style + and form of the work, and (2) on differences of thought and opinion which + they observe in them. Their suspicion is increased by the fact that these + differences are accompanied by resemblances as striking to passages in + other Platonic writings. They are sensible of a want of point in the + dialogue and a general inferiority in the ideas, plan, manners, and style. + They miss the poetical flow, the dramatic verisimilitude, the life and + variety of the characters, the dialectic subtlety, the Attic purity, the + luminous order, the exquisite urbanity; instead of which they find + tautology, obscurity, self-sufficiency, sermonizing, rhetorical + declamation, pedantry, egotism, uncouth forms of sentences, and + peculiarities in the use of words and idioms. They are unable to discover + any unity in the patched, irregular structure. The speculative element + both in government and education is superseded by a narrow economical or + religious vein. The grace and cheerfulness of Athenian life have + disappeared; and a spirit of moroseness and religious intolerance has + taken their place. The charm of youth is no longer there; the mannerism of + age makes itself unpleasantly felt. The connection is often imperfect; and + there is a want of arrangement, exhibited especially in the enumeration of + the laws towards the end of the work. The Laws are full of flaws and + repetitions. The Greek is in places very ungrammatical and intractable. A + cynical levity is displayed in some passages, and a tone of disappointment + and lamentation over human things in others. The critics seem also to + observe in them bad imitations of thoughts which are better expressed in + Plato's other writings. Lastly, they wonder how the mind which conceived + the Republic could have left the Critias, Hermocrates, and Philosophus + incomplete or unwritten, and have devoted the last years of life to the + Laws. + </p> + <p> + The questions which have been thus indirectly suggested may be considered + by us under five or six heads: I, the characters; II, the plan; III, the + style; IV, the imitations of other writings of Plato; V; the more general + relation of the Laws to the Republic and the other dialogues; and VI, to + the existing Athenian and Spartan states. + </p> + <p> + I. Already in the Philebus the distinctive character of Socrates has + disappeared; and in the Timaeus, Sophist, and Statesman his function of + chief speaker is handed over to the Pythagorean philosopher Timaeus, and + to the Eleatic Stranger, at whose feet he sits, and is silent. More and + more Plato seems to have felt in his later writings that the character and + method of Socrates were no longer suited to be the vehicle of his own + philosophy. He is no longer interrogative but dogmatic; not 'a hesitating + enquirer,' but one who speaks with the authority of a legislator. Even in + the Republic we have seen that the argument which is carried on by + Socrates in the old style with Thrasymachus in the first book, soon passes + into the form of exposition. In the Laws he is nowhere mentioned. Yet so + completely in the tradition of antiquity is Socrates identified with + Plato, that in the criticism of the Laws which we find in the so-called + Politics of Aristotle he is supposed by the writer still to be playing his + part of the chief speaker (compare Pol.). + </p> + <p> + The Laws are discussed by three representatives of Athens, Crete, and + Sparta. The Athenian, as might be expected, is the protagonist or chief + speaker, while the second place is assigned to the Cretan, who, as one of + the leaders of a new colony, has a special interest in the conversation. + At least four-fifths of the answers are put into his mouth. The Spartan is + every inch a soldier, a man of few words himself, better at deeds than + words. The Athenian talks to the two others, although they are his equals + in age, in the style of a master discoursing to his scholars; he + frequently praises himself; he entertains a very poor opinion of the + understanding of his companions. Certainly the boastfulness and rudeness + of the Laws is the reverse of the refined irony and courtesy which + characterize the earlier dialogues. We are no longer in such good company + as in the Phaedrus and Symposium. Manners are lost sight of in the + earnestness of the speakers, and dogmatic assertions take the place of + poetical fancies. + </p> + <p> + The scene is laid in Crete, and the conversation is held in the course of + a walk from Cnosus to the cave and temple of Zeus, which takes place on + one of the longest and hottest days of the year. The companions start at + dawn, and arrive at the point in their conversation which terminates the + fourth book, about noon. The God to whose temple they are going is the + lawgiver of Crete, and this may be supposed to be the very cave at which + he gave his oracles to Minos. But the externals of the scene, which are + briefly and inartistically described, soon disappear, and we plunge + abruptly into the subject of the dialogue. We are reminded by contrast of + the higher art of the Phaedrus, in which the summer's day, and the cool + stream, and the chirping of the grasshoppers, and the fragrance of the + agnus castus, and the legends of the place are present to the imagination + throughout the discourse. + </p> + <p> + The typical Athenian apologizes for the tendency of his countrymen 'to + spin a long discussion out of slender materials,' and in a similar spirit + the Lacedaemonian Megillus apologizes for the Spartan brevity (compare + Thucydid.), acknowledging at the same time that there may be occasions + when long discourses are necessary. The family of Megillus is the proxenus + of Athens at Sparta; and he pays a beautiful compliment to the Athenian, + significant of the character of the work, which, though borrowing many + elements from Sparta, is also pervaded by an Athenian spirit. A good + Athenian, he says, is more than ordinarily good, because he is inspired by + nature and not manufactured by law. The love of listening which is + attributed to the Timocrat in the Republic is also exhibited in him. The + Athenian on his side has a pleasure in speaking to the Lacedaemonian of + the struggle in which their ancestors were jointly engaged against the + Persians. A connexion with Athens is likewise intimated by the Cretan + Cleinias. He is the relative of Epimenides, whom, by an anachronism of a + century,—perhaps arising as Zeller suggests (Plat. Stud.) out of a + confusion of the visit of Epimenides and Diotima (Symp.),—he + describes as coming to Athens, not after the attempt of Cylon, but ten + years before the Persian war. The Cretan and Lacedaemonian hardly + contribute at all to the argument of which the Athenian is the expounder; + they only supply information when asked about the institutions of their + respective countries. A kind of simplicity or stupidity is ascribed to + them. At first, they are dissatisfied with the free criticisms which the + Athenian passes upon the laws of Minos and Lycurgus, but they acquiesce in + his greater experience and knowledge of the world. They admit that there + can be no objection to the enquiry; for in the spirit of the legislator + himself, they are discussing his laws when there are no young men present + to listen. They are unwilling to allow that the Spartan and Cretan + lawgivers can have been mistaken in honouring courage as the first part of + virtue, and are puzzled at hearing for the first time that 'Goods are only + evil to the evil.' Several times they are on the point of quarrelling, and + by an effort learn to restrain their natural feeling (compare Shakespeare, + Henry V, act iii. sc. 2). In Book vii., the Lacedaemonian expresses a + momentary irritation at the accusation which the Athenian brings against + the Spartan institutions, of encouraging licentiousness in their women, + but he is reminded by the Cretan that the permission to criticize them + freely has been given, and cannot be retracted. His only criterion of + truth is the authority of the Spartan lawgiver; he is 'interested,' in the + novel speculations of the Athenian, but inclines to prefer the ordinances + of Lycurgus. + </p> + <p> + The three interlocutors all of them speak in the character of old men, + which forms a pleasant bond of union between them. They have the feelings + of old age about youth, about the state, about human things in general. + Nothing in life seems to be of much importance to them; they are + spectators rather than actors, and men in general appear to the Athenian + speaker to be the playthings of the Gods and of circumstances. Still they + have a fatherly care of the young, and are deeply impressed by sentiments + of religion. They would give confidence to the aged by an increasing use + of wine, which, as they get older, is to unloose their tongues and make + them sing. The prospect of the existence of the soul after death is + constantly present to them; though they can hardly be said to have the + cheerful hope and resignation which animates Socrates in the Phaedo or + Cephalus in the Republic. Plato appears to be expressing his own feelings + in remarks of this sort. For at the time of writing the first book of the + Laws he was at least seventy-four years of age, if we suppose him to + allude to the victory of the Syracusans under Dionysius the Younger over + the Locrians, which occurred in the year 356. Such a sadness was the + natural effect of declining years and failing powers, which make men ask, + 'After all, what profit is there in life?' They feel that their work is + beginning to be over, and are ready to say, 'All the world is a stage;' + or, in the actual words of Plato, 'Let us play as good plays as we can,' + though 'we must be sometimes serious, which is not agreeable, but + necessary.' These are feelings which have crossed the minds of reflective + persons in all ages, and there is no reason to connect the Laws any more + than other parts of Plato's writings with the very uncertain narrative of + his life, or to imagine that this melancholy tone is attributable to + disappointment at having failed to convert a Sicilian tyrant into a + philosopher. + </p> + <p> + II. The plan of the Laws is more irregular and has less connexion than any + other of the writings of Plato. As Aristotle says in the Politics, 'The + greater part consists of laws'; in Books v, vi, xi, xii the dialogue + almost entirely disappears. Large portions of them are rather the + materials for a work than a finished composition which may rank with the + other Platonic dialogues. To use his own image, 'Some stones are regularly + inserted in the building; others are lying on the ground ready for use.' + There is probably truth in the tradition that the Laws were not published + until after the death of Plato. We can easily believe that he has left + imperfections, which would have been removed if he had lived a few years + longer. The arrangement might have been improved; the connexion of the + argument might have been made plainer, and the sentences more accurately + framed. Something also may be attributed to the feebleness of old age. + Even a rough sketch of the Phaedrus or Symposium would have had a very + different look. There is, however, an interest in possessing one writing + of Plato which is in the process of creation. + </p> + <p> + We must endeavour to find a thread of order which will carry us through + this comparative disorder. The first four books are described by Plato + himself as the preface or preamble. Having arrived at the conclusion that + each law should have a preamble, the lucky thought occurs to him at the + end of the fourth book that the preceding discourse is the preamble of the + whole. This preamble or introduction may be abridged as follows:— + </p> + <p> + The institutions of Sparta and Crete are admitted by the Lacedaemonian and + Cretan to have one aim only: they were intended by the legislator to + inspire courage in war. To this the Athenian objects that the true + lawgiver should frame his laws with a view to all the virtues and not to + one only. Better is he who has temperance as well as courage, than he who + has courage only; better is he who is faithful in civil broils, than he + who is a good soldier only. Better, too, is peace than war; the + reconciliation than the defeat of an enemy. And he who would attain all + virtue should be trained amid pleasures as well as pains. Hence there + should be convivial intercourse among the citizens, and a man's temperance + should be tested in his cups, as we test his courage amid dangers. He + should have a fear of the right sort, as well as a courage of the right + sort. + </p> + <p> + At the beginning of the second book the subject of pleasure leads to + education, which in the early years of life is wholly a discipline + imparted by the means of pleasure and pain. The discipline of pleasure is + implanted chiefly by the practice of the song and the dance. Of these the + forms should be fixed, and not allowed to depend on the fickle breath of + the multitude. There will be choruses of boys, girls, and grown-up + persons, and all will be heard repeating the same strain, that 'virtue is + happiness.' One of them will give the law to the rest; this will be the + chorus of aged minstrels, who will sing the most beautiful and the most + useful of songs. They will require a little wine, to mellow the austerity + of age, and make them amenable to the laws. + </p> + <p> + After having laid down as the first principle of politics, that peace, and + not war, is the true aim of the legislator, and briefly discussed music + and festive intercourse, at the commencement of the third book Plato makes + a digression, in which he speaks of the origin of society. He describes, + first of all, the family; secondly, the patriarchal stage, which is an + aggregation of families; thirdly, the founding of regular cities, like + Ilium; fourthly, the establishment of a military and political system, + like that of Sparta, with which he identifies Argos and Messene, dating + from the return of the Heraclidae. But the aims of states should be good, + or else, like the prayer of Theseus, they may be ruinous to themselves. + This was the case in two out of three of the Heracleid kingdoms. They did + not understand that the powers in a state should be balanced. The balance + of powers saved Sparta, while the excess of tyranny in Persia and the + excess of liberty at Athens have been the ruin of both...This discourse on + politics is suddenly discovered to have an immediate practical use; for + Cleinias the Cretan is about to give laws to a new colony. + </p> + <p> + At the beginning of the fourth book, after enquiring into the + circumstances and situation of the colony, the Athenian proceeds to make + further reflections. Chance, and God, and the skill of the legislator, all + co-operate in the formation of states. And the most favourable condition + for the foundation of a new one is when the government is in the hands of + a virtuous tyrant who has the good fortune to be the contemporary of a + great legislator. But a virtuous tyrant is a contradiction in terms; we + can at best only hope to have magistrates who are the servants of reason + and the law. This leads to the enquiry, what is to be the polity of our + new state. And the answer is, that we are to fear God, and honour our + parents, and to cultivate virtue and justice; these are to be our first + principles. Laws must be definite, and we should create in the citizens a + predisposition to obey them. The legislator will teach as well as command; + and with this view he will prefix preambles to his principal laws. + </p> + <p> + The fifth book commences in a sort of dithyramb with another and higher + preamble about the honour due to the soul, whence are deduced the duties + of a man to his parents and his friends, to the suppliant and stranger. He + should be true and just, free from envy and excess of all sorts, forgiving + to crimes which are not incurable and are partly involuntary; and he + should have a true taste. The noblest life has the greatest pleasures and + the fewest pains...Having finished the preamble, and touched on some other + preliminary considerations, we proceed to the Laws, beginning with the + constitution of the state. This is not the best or ideal state, having all + things common, but only the second-best, in which the land and houses are + to be distributed among 5040 citizens divided into four classes. There is + to be no gold or silver among them, and they are to have moderate wealth, + and to respect number and numerical order in all things. + </p> + <p> + In the first part of the sixth book, Plato completes his sketch of the + constitution by the appointment of officers. He explains the manner in + which guardians of the law, generals, priests, wardens of town and + country, ministers of education, and other magistrates are to be + appointed; and also in what way courts of appeal are to be constituted, + and omissions in the law to be supplied. Next—and at this point the + Laws strictly speaking begin—there follow enactments respecting + marriage and the procreation of children, respecting property in slaves as + well as of other kinds, respecting houses, married life, common tables for + men and women. The question of age in marriage suggests the consideration + of a similar question about the time for holding offices, and for military + service, which had been previously omitted. + </p> + <p> + Resuming the order of the discussion, which was indicated in the previous + book, from marriage and birth we proceed to education in the seventh book. + Education is to begin at or rather before birth; to be continued for a + time by mothers and nurses under the supervision of the state; finally, to + comprehend music and gymnastics. Under music is included reading, writing, + playing on the lyre, arithmetic, geometry, and a knowledge of astronomy + sufficient to preserve the minds of the citizens from impiety in + after-life. Gymnastics are to be practised chiefly with a view to their + use in war. The discussion of education, which was lightly touched upon in + Book ii, is here completed. + </p> + <p> + The eighth book contains regulations for civil life, beginning with + festivals, games, and contests, military exercises and the like. On such + occasions Plato seems to see young men and maidens meeting together, and + hence he is led into discussing the relations of the sexes, the evil + consequences which arise out of the indulgence of the passions, and the + remedies for them. Then he proceeds to speak of agriculture, of arts and + trades, of buying and selling, and of foreign commerce. + </p> + <p> + The remaining books of the Laws, ix-xii, are chiefly concerned with + criminal offences. In the first class are placed offences against the + Gods, especially sacrilege or robbery of temples: next follow offences + against the state,—conspiracy, treason, theft. The mention of thefts + suggests a distinction between voluntary and involuntary, curable and + incurable offences. Proceeding to the greater crime of homicide, Plato + distinguishes between mere homicide, manslaughter, which is partly + voluntary and partly involuntary, and murder, which arises from avarice, + ambition, fear. He also enumerates murders by kindred, murders by slaves, + wounds with or without intent to kill, wounds inflicted in anger, crimes + of or against slaves, insults to parents. To these, various modes of + purification or degrees of punishment are assigned, and the terrors of + another world are also invoked against them. + </p> + <p> + At the beginning of Book x, all acts of violence, including sacrilege, are + summed up in a single law. The law is preceded by an admonition, in which + the offenders are informed that no one ever did an unholy act or said an + unlawful word while he retained his belief in the existence of the Gods; + but either he denied their existence, or he believed that they took no + care of man, or that they might be turned from their course by sacrifices + and prayers. The remainder of the book is devoted to the refutation of + these three classes of unbelievers, and concludes with the means to be + taken for their reformation, and the announcement of their punishments if + they continue obstinate and impenitent. + </p> + <p> + The eleventh book is taken up with laws and with admonitions relating to + individuals, which follow one another without any exact order. There are + laws concerning deposits and the finding of treasure; concerning slaves + and freedmen; concerning retail trade, bequests, divorces, enchantments, + poisonings, magical arts, and the like. In the twelfth book the same + subjects are continued. Laws are passed concerning violations of military + discipline, concerning the high office of the examiners and their burial; + concerning oaths and the violation of them, and the punishments of those + who neglect their duties as citizens. Foreign travel is then discussed, + and the permission to be accorded to citizens of journeying in foreign + parts; the strangers who may come to visit the city are also spoken of, + and the manner in which they are to be received. Laws are added respecting + sureties, searches for property, right of possession by prescription, + abduction of witnesses, theatrical competition, waging of private warfare, + and bribery in offices. Rules are laid down respecting taxation, + respecting economy in sacred rites, respecting judges, their duties and + sentences, and respecting sepulchral places and ceremonies. Here the Laws + end. Lastly, a Nocturnal Council is instituted for the preservation of the + state, consisting of older and younger members, who are to exhibit in + their lives that virtue which is the basis of the state, to know the one + in many, and to be educated in divine and every other kind of knowledge + which will enable them to fulfil their office. + </p> + <p> + III. The style of the Laws differs in several important respects from that + of the other dialogues of Plato: (1) in the want of character, power, and + lively illustration; (2) in the frequency of mannerisms (compare + Introduction to the Philebus); (3) in the form and rhythm of the + sentences; (4) in the use of words. On the other hand, there are many + passages (5) which are characterized by a sort of ethical grandeur; and + (6) in which, perhaps, a greater insight into human nature, and a greater + reach of practical wisdom is shown, than in any other of Plato's writings. + </p> + <p> + 1. The discourse of the three old men is described by themselves as an old + man's game of play. Yet there is little of the liveliness of a game in + their mode of treating the subject. They do not throw the ball to and fro, + but two out of the three are listeners to the third, who is constantly + asserting his superior wisdom and opportunities of knowledge, and + apologizing (not without reason) for his own want of clearness of speech. + He will 'carry them over the stream;' he will answer for them when the + argument is beyond their comprehension; he is afraid of their ignorance of + mathematics, and thinks that gymnastic is likely to be more intelligible + to them;—he has repeated his words several times, and yet they + cannot understand him. The subject did not properly take the form of + dialogue, and also the literary vigour of Plato had passed away. The old + men speak as they might be expected to speak, and in this there is a touch + of dramatic truth. Plato has given the Laws that form or want of form + which indicates the failure of natural power. There is no regular plan—none + of that consciousness of what has preceded and what is to follow, which + makes a perfect style,—but there are several attempts at a plan; the + argument is 'pulled up,' and frequent explanations are offered why a + particular topic was introduced. + </p> + <p> + The fictions of the Laws have no longer the verisimilitude which is + characteristic of the Phaedrus and the Timaeus, or even of the Statesman. + We can hardly suppose that an educated Athenian would have placed the + visit of Epimenides to Athens ten years before the Persian war, or have + imagined that a war with Messene prevented the Lacedaemonians from coming + to the rescue of Hellas. The narrative of the origin of the Dorian + institutions, which are said to have been due to a fear of the growing + power of the Assyrians, is a plausible invention, which may be compared + with the tale of the island of Atlantis and the poem of Solon, but is not + accredited by similar arts of deception. The other statement that the + Dorians were Achaean exiles assembled by Dorieus, and the assertion that + Troy was included in the Assyrian Empire, have some foundation (compare + for the latter point, Diod. Sicul.). Nor is there anywhere in the Laws + that lively enargeia, that vivid mise en scene, which is as characteristic + of Plato as of some modern novelists. + </p> + <p> + The old men are afraid of the ridicule which 'will fall on their heads + more than enough,' and they do not often indulge in a joke. In one of the + few which occur, the book of the Laws, if left incomplete, is compared to + a monster wandering about without a head. But we no longer breathe the + atmosphere of humour which pervades the Symposium and the Euthydemus, in + which we pass within a few sentences from the broadest Aristophanic joke + to the subtlest refinement of wit and fancy; instead of this, in the Laws + an impression of baldness and feebleness is often left upon our minds. + Some of the most amusing descriptions, as, for example, of children + roaring for the first three years of life; or of the Athenians walking + into the country with fighting-cocks under their arms; or of the slave + doctor who knocks about his patients finely; and the gentleman doctor who + courteously persuades them; or of the way of keeping order in the theatre, + 'by a hint from a stick,' are narrated with a commonplace gravity; but + where we find this sort of dry humour we shall not be far wrong in + thinking that the writer intended to make us laugh. The seriousness of age + takes the place of the jollity of youth. Life should have holidays and + festivals; yet we rebuke ourselves when we laugh, and take our pleasures + sadly. The irony of the earlier dialogues, of which some traces occur in + the tenth book, is replaced by a severity which hardly condescends to + regard human things. 'Let us say, if you please, that man is of some + account, but I was speaking of him in comparison with God.' + </p> + <p> + The imagery and illustrations are poor in themselves, and are not assisted + by the surrounding phraseology. We have seen how in the Republic, and in + the earlier dialogues, figures of speech such as 'the wave,' 'the drone,' + 'the chase,' 'the bride,' appear and reappear at intervals. Notes are + struck which are repeated from time to time, as in a strain of music. + There is none of this subtle art in the Laws. The illustrations, such as + the two kinds of doctors, 'the three kinds of funerals,' the fear potion, + the puppet, the painter leaving a successor to restore his picture, the + 'person stopping to consider where three ways meet,' the 'old laws about + water of which he will not divert the course,' can hardly be said to do + much credit to Plato's invention. The citations from the poets have lost + that fanciful character which gave them their charm in the earlier + dialogues. We are tired of images taken from the arts of navigation, or + archery, or weaving, or painting, or medicine, or music. Yet the + comparisons of life to a tragedy, or of the working of mind to the + revolution of the self-moved, or of the aged parent to the image of a God + dwelling in the house, or the reflection that 'man is made to be the + plaything of God, and that this rightly considered is the best of him,' + have great beauty. + </p> + <p> + 2. The clumsiness of the style is exhibited in frequent mannerisms and + repetitions. The perfection of the Platonic dialogue consists in the + accuracy with which the question and answer are fitted into one another, + and the regularity with which the steps of the argument succeed one + another. This finish of style is no longer discernible in the Laws. There + is a want of variety in the answers; nothing can be drawn out of the + respondents but 'Yes' or 'No,' 'True,' 'To be sure,' etc.; the insipid + forms, 'What do you mean?' 'To what are you referring?' are constantly + returning. Again and again the speaker is charged, or charges himself, + with obscurity; and he repeats again and again that he will explain his + views more clearly. The process of thought which should be latent in the + mind of the writer appears on the surface. In several passages the + Athenian praises himself in the most unblushing manner, very unlike the + irony of the earlier dialogues, as when he declares that 'the laws are a + divine work given by some inspiration of the Gods,' and that 'youth should + commit them to memory instead of the compositions of the poets.' The + prosopopoeia which is adopted by Plato in the Protagoras and other + dialogues is repeated until we grow weary of it. The legislator is always + addressing the speakers or the youth of the state, and the speakers are + constantly making addresses to the legislator. A tendency to a paradoxical + manner of statement is also observable. 'We must have drinking,' 'we must + have a virtuous tyrant'—this is too much for the duller wits of the + Lacedaemonian and Cretan, who at first start back in surprise. More than + in any other writing of Plato the tone is hortatory; the laws are sermons + as well as laws; they are considered to have a religious sanction, and to + rest upon a religious sentiment in the mind of the citizens. The words of + the Athenian are attributed to the Lacedaemonian and Cretan, who are + supposed to have made them their own, after the manner of the earlier + dialogues. Resumptions of subjects which have been half disposed of in a + previous passage constantly occur: the arrangement has neither the + clearness of art nor the freedom of nature. Irrelevant remarks are made + here and there, or illustrations used which are not properly fitted in. + The dialogue is generally weak and laboured, and is in the later books + fairly given up, apparently, because unsuited to the subject of the work. + The long speeches or sermons of the Athenian, often extending over several + pages, have never the grace and harmony which are exhibited in the earlier + dialogues. For Plato is incapable of sustained composition; his genius is + dramatic rather than oratorical; he can converse, but he cannot make a + speech. Even the Timaeus, which is one of his most finished works, is full + of abrupt transitions. There is the same kind of difference between the + dialogue and the continuous discourse of Plato as between the narrative + and speeches of Thucydides. + </p> + <p> + 3. The perfection of style is variety in unity, freedom, ease, clearness, + the power of saying anything, and of striking any note in the scale of + human feelings without impropriety; and such is the divine gift of + language possessed by Plato in the Symposium and Phaedrus. From this there + are many fallings-off in the Laws: first, in the structure of the + sentences, which are rhythmical and monotonous,—the formal and + sophistical manner of the age is superseding the natural genius of Plato: + secondly, many of them are of enormous length, and the latter end often + forgets the beginning of them,—they seem never to have received the + second thoughts of the author; either the emphasis is wrongly placed, or + there is a want of point in a clause; or an absolute case occurs which is + not properly separated from the rest of the sentence; or words are + aggregated in a manner which fails to show their relation to one another; + or the connecting particles are omitted at the beginning of sentences; the + uses of the relative and antecedent are more indistinct, the changes of + person and number more frequent, examples of pleonasm, tautology, and + periphrasis, antitheses of positive and negative, false emphasis, and + other affectations, are more numerous than in the other writings of Plato; + there is also a more common and sometimes unmeaning use of qualifying + formulae, os epos eipein, kata dunamin, and of double expressions, pante + pantos, oudame oudamos, opos kai ope—these are too numerous to be + attributed to errors in the text; again, there is an over-curious + adjustment of verb and participle, noun and epithet, and other artificial + forms of cadence and expression take the place of natural variety: + thirdly, the absence of metaphorical language is remarkable—the + style is not devoid of ornament, but the ornament is of a debased + rhetorical kind, patched on to instead of growing out of the subject; + there is a great command of words, and a laboured use of them; forced + attempts at metaphor occur in several passages,—e.g. parocheteuein + logois; ta men os tithemena ta d os paratithemena; oinos kolazomenos upo + nephontos eterou theou; the plays on the word nomos = nou dianome, ode + etara: fourthly, there is a foolish extravagance of language in other + passages,—'the swinish ignorance of arithmetic;' 'the justice and + suitableness of the discourse on laws;' over-emphasis; 'best of Greeks,' + said of all the Greeks, and the like: fifthly, poor and insipid + illustrations are also common: sixthly, we may observe an excessive use of + climax and hyperbole, aischron legein chre pros autous doulon te kai + doulen kai paida kai ei pos oion te olen ten oikian: dokei touto to + epitedeuma kata phusin tas peri ta aphrodisia edonas ou monon anthropon + alla kai therion diephtharkenai. + </p> + <p> + 4. The peculiarities in the use of words which occur in the Laws have been + collected by Zeller (Platonische Studien) and Stallbaum (Legg.): first, in + the use of nouns, such as allodemia, apeniautesis, glukuthumia, diatheter, + thrasuxenia, koros, megalonoia, paidourgia: secondly, in the use of + adjectives, such as aistor, biodotes, echthodopos, eitheos, chronios, and + of adverbs, such as aniditi, anatei, nepoivei: thirdly, in the use of + verbs, such as athurein, aissein (aixeien eipein), euthemoneisthai, + parapodizesthai, sebein, temelein, tetan. These words however, as + Stallbaum remarks, are formed according to analogy, and nearly all of them + have the support of some poetical or other authority. + </p> + <p> + Zeller and Stallbaum have also collected forms of words in the Laws, + differing from the forms of the same words which occur in other places: + e.g. blabos for blabe, abios for abiotos, acharistos for acharis, douleios + for doulikos, paidelos for paidikos, exagrio for exagriaino, ileoumai for + ilaskomai, and the Ionic word sophronistus, meaning 'correction.' Zeller + has noted a fondness for substantives ending in -ma and -sis, such as + georgema, diapauma, epithumema, zemioma, komodema, omilema; blapsis, + loidoresis, paraggelsis, and others; also a use of substantives in the + plural, which are commonly found only in the singular, maniai, atheotetes, + phthonoi, phoboi, phuseis; also, a peculiar use of prepositions in + composition, as in eneirgo, apoblapto, dianomotheteo, dieiretai, + dieulabeisthai, and other words; also, a frequent occurrence of the Ionic + datives plural in -aisi and -oisi, perhaps used for the sake of giving an + ancient or archaic effect. + </p> + <p> + To these peculiarities of words he has added a list of peculiar + expressions and constructions. Among the most characteristic are the + following: athuta pallakon spermata; amorphoi edrai; osa axiomata pros + archontas; oi kata polin kairoi; muthos, used in several places of 'the + discourse about laws;' and connected with this the frequent use of + paramuthion and paramutheisthai in the general sense of 'address,' + 'addressing'; aimulos eros; ataphoi praxeis; muthos akephalos; ethos + euthuporon. He remarks also on the frequent employment of the abstract for + the concrete; e.g. uperesia for uperetai, phugai for phugades, mechanai in + the sense of 'contrivers,' douleia for douloi, basileiai for basileis, + mainomena kedeumata for ganaika mainomenen; e chreia ton paidon in the + sense of 'indigent children,' and paidon ikanotes; to ethos tes apeirias + for e eiothuia apeiria; kuparitton upse te kai kalle thaumasia for + kuparittoi mala upselai kai kalai. He further notes some curious uses of + the genitive case, e.g. philias omologiai, maniai orges, laimargiai + edones, cheimonon anupodesiai, anosioi plegon tolmai; and of the dative, + omiliai echthrois, nomothesiai, anosioi plegon tolmai; and of the dative + omiliai echthrois, nomothesiai epitropois; and also some rather uncommon + periphrases, thremmata Neilou, xuggennetor teknon for alochos, Mouses + lexis for poiesis, zographon paides, anthropon spermata and the like; the + fondness for particles of limitation, especially tis and ge, sun tisi + charisi, tois ge dunamenois and the like; the pleonastic use of tanun, of + os, of os eros eipein, of ekastote; and the periphrastic use of the + preposition peri. Lastly, he observes the tendency to hyperbata or + transpositions of words, and to rhythmical uniformity as well as + grammatical irregularity in the structure of the sentences. + </p> + <p> + For nearly all the expressions which are adduced by Zeller as arguments + against the genuineness of the Laws, Stallbaum finds some sort of + authority. There is no real ground for doubting that the work was written + by Plato, merely because several words occur in it which are not found in + his other writings. An imitator may preserve the usual phraseology of a + writer better than he would himself. But, on the other hand, the fact that + authorities may be quoted in support of most of these uses of words, does + not show that the diction is not peculiar. Several of them seem to be + poetical or dialectical, and exhibit an attempt to enlarge the limits of + Greek prose by the introduction of Homeric and tragic expressions. Most of + them do not appear to have retained any hold on the later language of + Greece. Like several experiments in language of the writers of the + Elizabethan age, they were afterwards lost; and though occasionally found + in Plutarch and imitators of Plato, they have not been accepted by + Aristotle or passed into the common dialect of Greece. + </p> + <p> + 5. Unequal as the Laws are in style, they contain a few passages which are + very grand and noble. For example, the address to the poets: 'Best of + strangers, we also are poets of the best and noblest tragedy; for our + whole state is an imitation of the best and noblest life, which we affirm + to be indeed the very truth of tragedy.' Or again, the sight of young men + and maidens in friendly intercourse with one another, suggesting the + dangers to which youth is liable from the violence of passion; or the + eloquent denunciation of unnatural lusts in the same passage; or the + charming thought that the best legislator 'orders war for the sake of + peace and not peace for the sake of war;' or the pleasant allusion, 'O + Athenian—inhabitant of Attica, I will not say, for you seem to me + worthy to be named after the Goddess Athene because you go back to first + principles;' or the pithy saying, 'Many a victory has been and will be + suicidal to the victors, but education is never suicidal;' or the fine + expression that 'the walls of a city should be allowed to sleep in the + earth, and that we should not attempt to disinter them;' or the remark + that 'God is the measure of all things in a sense far higher than any man + can be;' or that 'a man should be from the first a partaker of the truth, + that he may live a true man as long as possible;' or the principle + repeatedly laid down, that 'the sins of the fathers are not to be visited + on the children;' or the description of the funeral rites of those + priestly sages who depart in innocence; or the noble sentiment, that we + should do more justice to slaves than to equals; or the curious + observation, founded, perhaps, on his own experience, that there are a few + 'divine men in every state however corrupt, whose conversation is of + inestimable value;' or the acute remark, that public opinion is to be + respected, because the judgments of mankind about virtue are better than + their practice; or the deep religious and also modern feeling which + pervades the tenth book (whatever may be thought of the arguments); the + sense of the duty of living as a part of a whole, and in dependence on the + will of God, who takes care of the least things as well as the greatest; + and the picture of parents praying for their children—not as we may + say, slightly altering the words of Plato, as if there were no truth or + reality in the Gentile religions, but as if there were the greatest—are + very striking to us. We must remember that the Laws, unlike the Republic, + do not exhibit an ideal state, but are supposed to be on the level of + human motives and feelings; they are also on the level of the popular + religion, though elevated and purified: hence there is an attempt made to + show that the pleasant is also just. But, on the other hand, the priority + of the soul to the body, and of God to the soul, is always insisted upon + as the true incentive to virtue; especially with great force and eloquence + at the commencement of Book v. And the work of legislation is carried back + to the first principles of morals. + </p> + <p> + 6. No other writing of Plato shows so profound an insight into the world + and into human nature as the Laws. That 'cities will never cease from ill + until they are better governed,' is the text of the Laws as well as of the + Statesman and Republic. The principle that the balance of power preserves + states; the reflection that no one ever passed his whole life in disbelief + of the Gods; the remark that the characters of men are best seen in + convivial intercourse; the observation that the people must be allowed to + share not only in the government, but in the administration of justice; + the desire to make laws, not with a view to courage only, but to all + virtue; the clear perception that education begins with birth, or even, as + he would say, before birth; the attempt to purify religion; the modern + reflections, that punishment is not vindictive, and that limits must be + set to the power of bequest; the impossibility of undeceiving the victims + of quacks and jugglers; the provision for water, and for other + requirements of health, and for concealing the bodies of the dead with as + little hurt as possible to the living; above all, perhaps, the distinct + consciousness that under the actual circumstances of mankind the ideal + cannot be carried out, and yet may be a guiding principle—will + appear to us, if we remember that we are still in the dawn of politics, to + show a great depth of political wisdom. + </p> + <p> + IV. The Laws of Plato contain numerous passages which closely resemble + other passages in his writings. And at first sight a suspicion arises that + the repetition shows the unequal hand of the imitator. For why should a + writer say over again, in a more imperfect form, what he had already said + in his most finished style and manner? And yet it may be urged on the + other side that an author whose original powers are beginning to decay + will be very liable to repeat himself, as in conversation, so in books. He + may have forgotten what he had written before; he may be unconscious of + the decline of his own powers. Hence arises a question of great interest, + bearing on the genuineness of ancient writers. Is there any criterion by + which we can distinguish the genuine resemblance from the spurious, or, in + other words, the repetition of a thought or passage by an author himself + from the appropriation of it by another? The question has, perhaps, never + been fully discussed; and, though a real one, does not admit of a precise + answer. A few general considerations on the subject may be offered:— + </p> + <p> + (a) Is the difference such as might be expected to arise at different + times of life or under different circumstances?—There would be + nothing surprising in a writer, as he grew older, losing something of his + own originality, and falling more and more under the spirit of his age. + 'What a genius I had when I wrote that book!' was the pathetic exclamation + of a famous English author, when in old age he chanced to take up one of + his early works. There would be nothing surprising again in his losing + somewhat of his powers of expression, and becoming less capable of framing + language into a harmonious whole. There would also be a strong presumption + that if the variation of style was uniform, it was attributable to some + natural cause, and not to the arts of the imitator. The inferiority might + be the result of feebleness and of want of activity of mind. But the + natural weakness of a great author would commonly be different from the + artificial weakness of an imitator; it would be continuous and uniform. + The latter would be apt to fill his work with irregular patches, sometimes + taken verbally from the writings of the author whom he personated, but + rarely acquiring his spirit. His imitation would be obvious, irregular, + superficial. The patches of purple would be easily detected among his + threadbare and tattered garments. He would rarely take the pains to put + the same thought into other words. There were many forgeries in English + literature which attained a considerable degree of success 50 or 100 years + ago; but it is doubtful whether attempts such as these could now escape + detection, if there were any writings of the same author or of the same + age to be compared with them. And ancient forgers were much less skilful + than modern; they were far from being masters in the art of deception, and + had rarely any motive for being so. + </p> + <p> + (b) But, secondly, the imitator will commonly be least capable of + understanding or imitating that part of a great writer which is most + characteristic of him. In every man's writings there is something like + himself and unlike others, which gives individuality. To appreciate this + latent quality would require a kindred mind, and minute study and + observation. There are a class of similarities which may be called + undesigned coincidences, which are so remote as to be incapable of being + borrowed from one another, and yet, when they are compared, find a natural + explanation in their being the work of the same mind. The imitator might + copy the turns of style—he might repeat images or illustrations, but + he could not enter into the inner circle of Platonic philosophy. He would + understand that part of it which became popular in the next generation, as + for example, the doctrine of ideas or of numbers: he might approve of + communism. But the higher flights of Plato about the science of dialectic, + or the unity of virtue, or a person who is above the law, would be + unintelligible to him. + </p> + <p> + (c) The argument from imitation assumes a different character when the + supposed imitations are associated with other passages having the impress + of original genius. The strength of the argument from undesigned + coincidences of style is much increased when they are found side by side + with thoughts and expressions which can only have come from a great + original writer. The great excellence, not only of the whole, but even of + the parts of writings, is a strong proof of their genuineness—for + although the great writer may fall below, the forger or imitator cannot + rise much above himself. Whether we can attribute the worst parts of a + work to a forger and the best to a great writer,—as for example, in + the case of some of Shakespeare's plays,—depends upon the + probability that they have been interpolated, or have been the joint work + of two writers; and this can only be established either by express + evidence or by a comparison of other writings of the same class. If the + interpolation or double authorship of Greek writings in the time of Plato + could be shown to be common, then a question, perhaps insoluble, would + arise, not whether the whole, but whether parts of the Platonic dialogues + are genuine, and, if parts only, which parts. Hebrew prophecies and + Homeric poems and Laws of Manu may have grown together in early times, but + there is no reason to think that any of the dialogues of Plato is the + result of a similar process of accumulation. It is therefore rash to say + with Oncken (Die Staatslehre des Aristoteles) that the form in which + Aristotle knew the Laws of Plato must have been different from that in + which they have come down to us. + </p> + <p> + It must be admitted that these principles are difficult of application. + Yet a criticism may be worth making which rests only on probabilities or + impressions. Great disputes will arise about the merits of different + passages, about what is truly characteristic and original or trivial and + borrowed. Many have thought the Laws to be one of the greatest of Platonic + writings, while in the judgment of Mr. Grote they hardly rise above the + level of the forged epistles. The manner in which a writer would or would + not have written at a particular time of life must be acknowledged to be a + matter of conjecture. But enough has been said to show that similarities + of a certain kind, whether criticism is able to detect them or not, may be + such as must be attributed to an original writer, and not to a mere + imitator. + </p> + <p> + (d) Applying these principles to the case of the Laws, we have now to + point out that they contain the class of refined or unconscious + similarities which are indicative of genuineness. The parallelisms are + like the repetitions of favourite thoughts into which every one is apt to + fall unawares in conversation or in writing. They are found in a work + which contains many beautiful and remarkable passages. We may therefore + begin by claiming this presumption in their favour. Such undesigned + coincidences, as we may venture to call them, are the following. The + conception of justice as the union of temperance, wisdom, courage (Laws; + Republic): the latent idea of dialectic implied in the notion of dividing + laws after the kinds of virtue (Laws); the approval of the method of + looking at one idea gathered from many things, 'than which a truer was + never discovered by any man' (compare Republic): or again the description + of the Laws as parents (Laws; Republic): the assumption that religion has + been already settled by the oracle of Delphi (Laws; Republic), to which an + appeal is also made in special cases (Laws): the notion of the battle with + self, a paradox for which Plato in a manner apologizes both in the Laws + and the Republic: the remark (Laws) that just men, even when they are + deformed in body, may still be perfectly beautiful in respect of the + excellent justice of their minds (compare Republic): the argument that + ideals are none the worse because they cannot be carried out (Laws; + Republic): the near approach to the idea of good in 'the principle which + is common to all the four virtues,' a truth which the guardians must be + compelled to recognize (Laws; compare Republic): or again the recognition + by reason of the right pleasure and pain, which had previously been matter + of habit (Laws; Republic): or the blasphemy of saying that the excellency + of music is to give pleasure (Laws; Republic): again the story of the + Sidonian Cadmus (Laws), which is a variation of the Phoenician tale of the + earth-born men (Republic): the comparison of philosophy to a yelping + she-dog, both in the Republic and in the Laws: the remark that no man can + practise two trades (Laws; Republic): or the advantage of the middle + condition (Laws; Republic): the tendency to speak of principles as moulds + or forms; compare the ekmageia of song (Laws), and the tupoi of religion + (Republic): or the remark (Laws) that 'the relaxation of justice makes + many cities out of one,' which may be compared with the Republic: or the + description of lawlessness 'creeping in little by little in the fashions + of music and overturning all things,'—to us a paradox, but to + Plato's mind a fixed idea, which is found in the Laws as well as in the + Republic: or the figure of the parts of the human body under which the + parts of the state are described (Laws; Republic): the apology for delay + and diffuseness, which occurs not unfrequently in the Republic, is carried + to an excess in the Laws (compare Theaet.): the remarkable thought (Laws) + that the soul of the sun is better than the sun, agrees with the relation + in which the idea of good stands to the sun in the Republic, and with the + substitution of mind for the idea of good in the Philebus: the passage + about the tragic poets (Laws) agrees generally with the treatment of them + in the Republic, but is more finely conceived, and worked out in a nobler + spirit. Some lesser similarities of thought and manner should not be + omitted, such as the mention of the thirty years' old students in the + Republic, and the fifty years' old choristers in the Laws; or the making + of the citizens out of wax (Laws) compared with the other image + (Republic); or the number of the tyrant (729), which is NEARLY equal with + the number of days and nights in the year (730), compared with the 'slight + correction' of the sacred number 5040, which is divisible by all the + numbers from 1 to 12 except 11, and divisible by 11, if two families be + deducted; or once more, we may compare the ignorance of solid geometry of + which he complains in the Republic and the puzzle about fractions with the + difficulty in the Laws about commensurable and incommensurable quantities—and + the malicious emphasis on the word gunaikeios (Laws) with the use of the + same word (Republic). These and similar passages tend to show that the + author of the Republic is also the author of the Laws. They are echoes of + the same voice, expressions of the same mind, coincidences too subtle to + have been invented by the ingenuity of any imitator. The force of the + argument is increased, if we remember that no passage in the Laws is + exactly copied,—nowhere do five or six words occur together which + are found together elsewhere in Plato's writings. + </p> + <p> + In other dialogues of Plato, as well as in the Republic, there are to be + found parallels with the Laws. Such resemblances, as we might expect, + occur chiefly (but not exclusively) in the dialogues which, on other + grounds, we may suppose to be of later date. The punishment of evil is to + be like evil men (Laws), as he says also in the Theaetetus. Compare again + the dependence of tragedy and comedy on one another, of which he gives the + reason in the Laws—'For serious things cannot be understood without + laughable, nor opposites at all without opposites, if a man is really to + have intelligence of either'; here he puts forward the principle which is + the groundwork of the thesis of Socrates in the Symposium, 'that the + genius of tragedy is the same as that of comedy, and that the writer of + comedy ought to be a writer of tragedy also.' There is a truth and right + which is above Law (Laws), as we learn also from the Statesman. That men + are the possession of the Gods (Laws), is a reflection which likewise + occurs in the Phaedo. The remark, whether serious or ironical (Laws), that + 'the sons of the Gods naturally believed in the Gods, because they had the + means of knowing about them,' is found in the Timaeus. The reign of + Cronos, who is the divine ruler (Laws), is a reminiscence of the + Statesman. It is remarkable that in the Sophist and Statesman (Soph.), + Plato, speaking in the character of the Eleatic Stranger, has already put + on the old man. The madness of the poets, again, is a favourite notion of + Plato's, which occurs also in the Laws, as well as in the Phaedrus, Ion, + and elsewhere. There are traces in the Laws of the same desire to base + speculation upon history which we find in the Critias. Once more, there is + a striking parallel with the paradox of the Gorgias, that 'if you do evil, + it is better to be punished than to be unpunished,' in the Laws: 'To live + having all goods without justice and virtue is the greatest of evils if + life be immortal, but not so great if the bad man lives but a short time.' + </p> + <p> + The point to be considered is whether these are the kind of parallels + which would be the work of an imitator. Would a forger have had the wit to + select the most peculiar and characteristic thoughts of Plato; would he + have caught the spirit of his philosophy; would he, instead of openly + borrowing, have half concealed his favourite ideas; would he have formed + them into a whole such as the Laws; would he have given another the credit + which he might have obtained for himself; would he have remembered and + made use of other passages of the Platonic writings and have never + deviated into the phraseology of them? Without pressing such arguments as + absolutely certain, we must acknowledge that such a comparison affords a + new ground of real weight for believing the Laws to be a genuine writing + of Plato. + </p> + <p> + V. The relation of the Republic to the Laws is clearly set forth by Plato + in the Laws. The Republic is the best state, the Laws is the best possible + under the existing conditions of the Greek world. The Republic is the + ideal, in which no man calls anything his own, which may or may not have + existed in some remote clime, under the rule of some God, or son of a God + (who can say?), but is, at any rate, the pattern of all other states and + the exemplar of human life. The Laws distinctly acknowledge what the + Republic partly admits, that the ideal is inimitable by us, but that we + should 'lift up our eyes to the heavens' and try to regulate our lives + according to the divine image. The citizens are no longer to have wives + and children in common, and are no longer to be under the government of + philosophers. But the spirit of communism or communion is to continue + among them, though reverence for the sacredness of the family, and respect + of children for parents, not promiscuous hymeneals, are now the foundation + of the state; the sexes are to be as nearly on an equality as possible; + they are to meet at common tables, and to share warlike pursuits (if the + women will consent), and to have a common education. The legislator has + taken the place of the philosopher, but a council of elders is retained, + who are to fulfil the duties of the legislator when he has passed out of + life. The addition of younger persons to this council by co-optation is an + improvement on the governing body of the Republic. The scheme of education + in the Laws is of a far lower kind than that which Plato had conceived in + the Republic. There he would have his rulers trained in all knowledge + meeting in the idea of good, of which the different branches of + mathematical science are but the hand-maidens or ministers; here he treats + chiefly of popular education, stopping short with the preliminary + sciences,—these are to be studied partly with a view to their + practical usefulness, which in the Republic he holds cheap, and even more + with a view to avoiding impiety, of which in the Republic he says nothing; + he touches very lightly on dialectic, which is still to be retained for + the rulers. Yet in the Laws there remain traces of the old educational + ideas. He is still for banishing the poets; and as he finds the works of + prose writers equally dangerous, he would substitute for them the study of + his own laws. He insists strongly on the importance of mathematics as an + educational instrument. He is no more reconciled to the Greek mythology + than in the Republic, though he would rather say nothing about it out of a + reverence for antiquity; and he is equally willing to have recourse to + fictions, if they have a moral tendency. His thoughts recur to a golden + age in which the sanctity of oaths was respected and in which men living + nearer the Gods were more disposed to believe in them; but we must + legislate for the world as it is, now that the old beliefs have passed + away. Though he is no longer fired with dialectical enthusiasm, he would + compel the guardians to 'look at one idea gathered from many things,' and + to 'perceive the principle which is the same in all the four virtues.' He + still recognizes the enormous influence of music, in which every youth is + to be trained for three years; and he seems to attribute the existing + degeneracy of the Athenian state and the laxity of morals partly to + musical innovation, manifested in the unnatural divorce of the instrument + and the voice, of the rhythm from the words, and partly to the influence + of the mob who ruled at the theatres. He assimilates the education of the + two sexes, as far as possible, both in music and gymnastic, and, as in the + Republic, he would give to gymnastic a purely military character. In + marriage, his object is still to produce the finest children for the + state. As in the Statesman, he would unite in wedlock dissimilar natures—the + passionate with the dull, the courageous with the gentle. And the virtuous + tyrant of the Statesman, who has no place in the Republic, again appears. + In this, as in all his writings, he has the strongest sense of the + degeneracy and incapacity of the rulers of his own time. + </p> + <p> + In the Laws, the philosophers, if not banished, like the poets, are at + least ignored; and religion takes the place of philosophy in the + regulation of human life. It must however be remembered that the religion + of Plato is co-extensive with morality, and is that purified religion and + mythology of which he speaks in the second book of the Republic. There is + no real discrepancy in the two works. In a practical treatise, he speaks + of religion rather than of philosophy; just as he appears to identify + virtue with pleasure, and rather seeks to find the common element of the + virtues than to maintain his old paradoxical theses that they are one, or + that they are identical with knowledge. The dialectic and the idea of + good, which even Glaucon in the Republic could not understand, would be + out of place in a less ideal work. There may also be a change in his own + mind, the purely intellectual aspect of philosophy having a diminishing + interest to him in his old age. + </p> + <p> + Some confusion occurs in the passage in which Plato speaks of the + Republic, occasioned by his reference to a third state, which he proposes + (D.V.) hereafter to expound. Like many other thoughts in the Laws, the + allusion is obscure from not being worked out. Aristotle (Polit.) speaks + of a state which is neither the best absolutely, nor the best under + existing conditions, but an imaginary state, inferior to either, + destitute, as he supposes, of the necessaries of life—apparently + such a beginning of primitive society as is described in Laws iii. But it + is not clear that by this the third state of Plato is intended. It is + possible that Plato may have meant by his third state an historical + sketch, bearing the same relation to the Laws which the unfinished Critias + would have borne to the Republic; or he may, perhaps, have intended to + describe a state more nearly approximating than the Laws to existing Greek + states. + </p> + <p> + The Statesman is a mere fragment when compared with the Laws, yet + combining a second interest of dialectic as well as politics, which is + wanting in the larger work. Several points of similarity and contrast may + be observed between them. In some respects the Statesman is even more + ideal than the Republic, looking back to a former state of paradisiacal + life, in which the Gods ruled over mankind, as the Republic looks forward + to a coming kingdom of philosophers. Of this kingdom of Cronos there is + also mention in the Laws. Again, in the Statesman, the Eleatic Stranger + rises above law to the conception of the living voice of the lawgiver, who + is able to provide for individual cases. A similar thought is repeated in + the Laws: 'If in the order of nature, and by divine destiny, a man were + able to apprehend the truth about these things, he would have no need of + laws to rule over him; for there is no law or order above knowledge, nor + can mind without impiety be deemed the subject or slave of any, but rather + the lord of all.' The union of opposite natures, who form the warp and the + woof of the political web, is a favourite thought which occurs in both + dialogues (Laws; Statesman). + </p> + <p> + The Laws are confessedly a Second-best, an inferior Ideal, to which Plato + has recourse, when he finds that the city of Philosophers is no longer + 'within the horizon of practical politics.' But it is curious to observe + that the higher Ideal is always returning (compare Arist. Polit.), and + that he is not much nearer the actual fact, nor more on the level of + ordinary life in the Laws than in the Republic. It is also interesting to + remark that the new Ideal is always falling away, and that he hardly + supposes the one to be more capable of being realized than the other. + Human beings are troublesome to manage; and the legislator cannot adapt + his enactments to the infinite variety of circumstances; after all he must + leave the administration of them to his successors; and though he would + have liked to make them as permanent as they are in Egypt, he cannot + escape from the necessity of change. At length Plato is obliged to + institute a Nocturnal Council which is supposed to retain the mind of the + legislator, and of which some of the members are even supposed to go + abroad and inspect the institutions of foreign countries, as a foundation + for changes in their own. The spirit of such changes, though avoiding the + extravagance of a popular assembly, being only so much change as the + conservative temper of old members is likely to allow, is nevertheless + inconsistent with the fixedness of Egypt which Plato wishes to impress + upon Hellenic institutions. He is inconsistent with himself as the truth + begins to dawn upon him that 'in the execution things for the most part + fall short of our conception of them' (Republic). + </p> + <p> + And is not this true of ideals of government in general? We are always + disappointed in them. Nothing great can be accomplished in the short space + of human life; wherefore also we look forward to another (Republic). As we + grow old, we are sensible that we have no power actively to pursue our + ideals any longer. We have had our opportunity and do not aspire to be + more than men: we have received our 'wages and are going home.' Neither do + we despair of the future of mankind, because we have been able to do so + little in comparison of the whole. We look in vain for consistency either + in men or things. But we have seen enough of improvement in our own time + to justify us in the belief that the world is worth working for and that a + good man's life is not thrown away. Such reflections may help us to bring + home to ourselves by inward sympathy the language of Plato in the Laws, + and to combine into something like a whole his various and at first sight + inconsistent utterances. + </p> + <p> + VI. The Republic may be described as the Spartan constitution appended to + a government of philosophers. But in the Laws an Athenian element is also + introduced. Many enactments are taken from the Athenian; the four classes + are borrowed from the constitution of Cleisthenes, which Plato regards as + the best form of Athenian government, and the guardians of the law bear a + certain resemblance to the archons. In the constitution of the Laws nearly + all officers are elected by a vote more or less popular and by lot. But + the assembly only exists for the purposes of election, and has no + legislative or executive powers. The Nocturnal Council, which is the + highest body in the state, has several of the functions of the ancient + Athenian Areopagus, after which it appears to be modelled. Life is to + wear, as at Athens, a joyous and festive look; there are to be Bacchic + choruses, and men of mature age are encouraged in moderate potations. On + the other hand, the common meals, the public education, the crypteia are + borrowed from Sparta and not from Athens, and the superintendence of + private life, which was to be practised by the governors, has also its + prototype in Sparta. The extravagant dislike which Plato shows both to a + naval power and to extreme democracy is the reverse of Athenian. + </p> + <p> + The best-governed Hellenic states traced the origin of their laws to + individual lawgivers. These were real persons, though we are uncertain how + far they originated or only modified the institutions which are ascribed + to them. But the lawgiver, though not a myth, was a fixed idea in the mind + of the Greek,—as fixed as the Trojan war or the earth-born Cadmus. + 'This was what Solon meant or said'—was the form in which the + Athenian expressed his own conception of right and justice, or argued a + disputed point of law. And the constant reference in the Laws of Plato to + the lawgiver is altogether in accordance with Greek modes of thinking and + speaking. + </p> + <p> + There is also, as in the Republic, a Pythagorean element. The highest + branch of education is arithmetic; to know the order of the heavenly + bodies, and to reconcile the apparent contradiction of their movements, is + an important part of religion; the lives of the citizens are to have a + common measure, as also their vessels and coins; the great blessing of the + state is the number 5040. Plato is deeply impressed by the antiquity of + Egypt, and the unchangeableness of her ancient forms of song and dance. + And he is also struck by the progress which the Egyptians had made in the + mathematical sciences—in comparison of them the Greeks appeared to + him to be little better than swine. Yet he censures the Egyptian meanness + and inhospitality to strangers. He has traced the growth of states from + their rude beginnings in a philosophical spirit; but of any life or growth + of the Hellenic world in future ages he is silent. He has made the + reflection that past time is the maker of states (Book iii.); but he does + not argue from the past to the future, that the process is always going + on, or that the institutions of nations are relative to their stage of + civilization. If he could have stamped indelibly upon Hellenic states the + will of the legislator, he would have been satisfied. The utmost which he + expects of future generations is that they should supply the omissions, or + correct the errors which younger statesmen detect in his enactments. When + institutions have been once subjected to this process of criticism, he + would have them fixed for ever. + </p> + <p> + THE PREAMBLE. + </p> + <p> + BOOK I. Strangers, let me ask a question of you—Was a God or a man + the author of your laws? 'A God, Stranger. In Crete, Zeus is said to have + been the author of them; in Sparta, as Megillus will tell you, Apollo.' + You Cretans believe, as Homer says, that Minos went every ninth year to + converse with his Olympian sire, and gave you laws which he brought from + him. 'Yes; and there was Rhadamanthus, his brother, who is reputed among + us to have been a most righteous judge.' That is a reputation worthy of + the son of Zeus. And as you and Megillus have been trained under these + laws, I may ask you to give me an account of them. We can talk about them + in our walk from Cnosus to the cave and temple of Zeus. I am told that the + distance is considerable, but probably there are shady places under the + trees, where, being no longer young, we may often rest and converse. 'Yes, + Stranger, a little onward there are beautiful groves of cypresses, and + green meadows in which we may repose.' + </p> + <p> + My first question is, Why has the law ordained that you should have common + meals, and practise gymnastics, and bear arms? 'My answer is, that all our + institutions are of a military character. We lead the life of the camp + even in time of peace, keeping up the organization of an army, and having + meals in common; and as our country, owing to its ruggedness, is + ill-suited for heavy-armed cavalry or infantry, our soldiers are archers, + equipped with bows and arrows. The legislator was under the idea that war + was the natural state of all mankind, and that peace is only a pretence; + he thought that no possessions had any value which were not secured + against enemies.' And do you think that superiority in war is the proper + aim of government? 'Certainly I do, and my Spartan friend will agree with + me.' And are there wars, not only of state against state, but of village + against village, of family against family, of individual against + individual? 'Yes.' And is a man his own enemy? 'There you come to first + principles, like a true votary of the goddess Athene; and this is all the + better, for you will the sooner recognize the truth of what I am saying—that + all men everywhere are the enemies of all, and each individual of every + other and of himself; and, further, that there is a victory and defeat—the + best and the worst—which each man sustains, not at the hands of + another, but of himself.' And does this extend to states and villages as + well as to individuals? 'Certainly; there is a better in them which + conquers or is conquered by the worse.' Whether the worse ever really + conquers the better, is a question which may be left for the present; but + your meaning is, that bad citizens do sometimes overcome the good, and + that the state is then conquered by herself, and that when they are + defeated the state is victorious over herself. Or, again, in a family + there may be several brothers, and the bad may be a majority; and when the + bad majority conquer the good minority, the family are worse than + themselves. The use of the terms 'better or worse than himself or + themselves' may be doubtful, but about the thing meant there can be no + dispute. 'Very true.' Such a struggle might be determined by a judge. And + which will be the better judge—he who destroys the worse and lets + the better rule, or he who lets the better rule and makes the others + voluntarily obey; or, thirdly, he who destroys no one, but reconciles the + two parties? 'The last, clearly.' But the object of such a judge or + legislator would not be war. 'True.' And as there are two kinds of war, + one without and one within a state, of which the internal is by far the + worse, will not the legislator chiefly direct his attention to this + latter? He will reconcile the contending factions, and unite them against + their external enemies. 'Certainly.' Every legislator will aim at the + greatest good, and the greatest good is not victory in war, whether civil + or external, but mutual peace and good-will, as in the body health is + preferable to the purgation of disease. He who makes war his object + instead of peace, or who pursues war except for the sake of peace, is not + a true statesman. 'And yet, Stranger, the laws both of Crete and Sparta + aim entirely at war.' Perhaps so; but do not let us quarrel about your + legislators—let us be gentle; they were in earnest quite as much as + we are, and we must try to discover their meaning. The poet Tyrtaeus (you + know his poems in Crete, and my Lacedaemonian friend is only too familiar + with them)—he was an Athenian by birth, and a Spartan citizen:—'Well,' + he says, 'I sing not, I care not about any man, however rich or happy, + unless he is brave in war.' Now I should like, in the name of us all, to + ask the poet a question. Oh Tyrtaeus, I would say to him, we agree with + you in praising those who excel in war, but which kind of war do you mean?—that + dreadful war which is termed civil, or the milder sort which is waged + against foreign enemies? You say that you abominate 'those who are not + eager to taste their enemies' blood,' and you seem to mean chiefly their + foreign enemies. 'Certainly he does.' But we contend that there are men + better far than your heroes, Tyrtaeus, concerning whom another poet, + Theognis the Sicilian, says that 'in a civil broil they are worth their + weight in gold and silver.' For in a civil war, not only courage, but + justice and temperance and wisdom are required, and all virtue is better + than a part. The mercenary soldier is ready to die at his post; yet he is + commonly a violent, senseless creature. And the legislator, whether + inspired or uninspired, will make laws with a view to the highest virtue; + and this is not brute courage, but loyalty in the hour of danger. The + virtue of Tyrtaeus, although needful enough in his own time, is really of + a fourth-rate description. 'You are degrading our legislator to a very low + level.' Nay, we degrade not him, but ourselves, if we believe that the + laws of Lycurgus and Minos had a view to war only. A divine lawgiver would + have had regard to all the different kinds of virtue, and have arranged + his laws in corresponding classes, and not in the modern fashion, which + only makes them after the want of them is felt,—about inheritances + and heiresses and assaults, and the like. As you truly said, virtue is the + business of the legislator; but you went wrong when you referred all + legislation to a part of virtue, and to an inferior part. For the object + of laws, whether the Cretan or any other, is to make men happy. Now + happiness or good is of two kinds—there are divine and there are + human goods. He who has the divine has the human added to him; but he who + has lost the greater is deprived of both. The lesser goods are health, + beauty, strength, and, lastly, wealth; not the blind God, Pluto, but one + who has eyes to see and follow wisdom. For mind or wisdom is the most + divine of all goods; and next comes temperance, and justice springs from + the union of wisdom and temperance with courage, which is the fourth or + last. These four precede other goods, and the legislator will arrange all + his ordinances accordingly, the human going back to the divine, and the + divine to their leader mind. There will be enactments about marriage, + about education, about all the states and feelings and experiences of men + and women, at every age, in weal and woe, in war and peace; upon all the + law will fix a stamp of praise and blame. There will also be regulations + about property and expenditure, about contracts, about rewards and + punishments, and finally about funeral rites and honours of the dead. The + lawgiver will appoint guardians to preside over these things; and mind + will harmonize his ordinances, and show them to be in agreement with + temperance and justice. Now I want to know whether the same principles are + observed in the laws of Lycurgus and Minos, or, as I should rather say, of + Apollo and Zeus. We must go through the virtues, beginning with courage, + and then we will show that what has preceded has relation to virtue. + </p> + <p> + 'I wish,' says the Lacedaemonian, 'that you, Stranger, would first + criticize Cleinias and the Cretan laws.' Yes, is the reply, and I will + criticize you and myself, as well as him. Tell me, Megillus, were not the + common meals and gymnastic training instituted by your legislator with a + view to war? 'Yes; and next in the order of importance comes hunting, and + fourth the endurance of pain in boxing contests, and in the beatings which + are the punishment of theft. There is, too, the so-called Crypteia or + secret service, in which our youth wander about the country night and day + unattended, and even in winter go unshod and have no beds to lie on. + Moreover they wrestle and exercise under a blazing sun, and they have many + similar customs.' Well, but is courage only a combat against fear and + pain, and not against pleasure and flattery? 'Against both, I should say.' + And which is worse,—to be overcome by pain, or by pleasure? 'The + latter.' But did the lawgivers of Crete and Sparta legislate for a courage + which is lame of one leg,—able to meet the attacks of pain but not + those of pleasure, or for one which can meet both? 'For a courage which + can meet both, I should say.' But if so, where are the institutions which + train your citizens to be equally brave against pleasure and pain, and + superior to enemies within as well as without? 'We confess that we have no + institutions worth mentioning which are of this character.' I am not + surprised, and will therefore only request forbearance on the part of us + all, in case the love of truth should lead any of us to censure the laws + of the others. Remember that I am more in the way of hearing criticisms of + your laws than you can be; for in well-ordered states like Crete and + Sparta, although an old man may sometimes speak of them in private to a + ruler or elder, a similar liberty is not allowed to the young. But now + being alone we shall not offend your legislator by a friendly examination + of his laws. 'Take any freedom which you like.' + </p> + <p> + My first observation is, that your lawgiver ordered you to endure + hardships, because he thought that those who had not this discipline would + run away from those who had. But he ought to have considered further, that + those who had never learned to resist pleasure would be equally at the + mercy of those who had, and these are often among the worst of mankind. + Pleasure, like fear, would overcome them and take away their courage and + freedom. 'Perhaps; but I must not be hasty in giving my assent.' + </p> + <p> + Next as to temperance: what institutions have you which are adapted to + promote temperance? 'There are the common meals and gymnastic exercises.' + These are partly good and partly bad, and, as in medicine, what is good at + one time and for one person, is bad at another time and for another + person. Now although gymnastics and common meals do good, they are also a + cause of evil in civil troubles, and they appear to encourage unnatural + love, as has been shown at Miletus, in Boeotia, and at Thurii. And the + Cretans are said to have invented the tale of Zeus and Ganymede in order + to justify their evil practices by the example of the God who was their + lawgiver. Leaving the story, we may observe that all law has to do with + pleasure and pain; these are two fountains which are ever flowing in human + nature, and he who drinks of them when and as much as he ought, is happy, + and he who indulges in them to excess, is miserable. 'You may be right, + but I still incline to think that the Lacedaemonian lawgiver did well in + forbidding pleasure, if I may judge from the result. For there is no + drunken revelry in Sparta, and any one found in a state of intoxication is + severely punished; he is not excused as an Athenian would be at Athens on + account of a festival. I myself have seen the Athenians drunk at the + Dionysia—and at our colony, Tarentum, on a similar occasion, I have + beheld the whole city in a state of intoxication.' I admit that these + festivals should be properly regulated. Yet I might reply, 'Yes, Spartans, + that is not your vice; but look at home and remember the licentiousness of + your women.' And to all such accusations every one of us may reply in + turn:—'Wonder not, Stranger; there are different customs in + different countries.' Now this may be a sufficient answer; but we are + speaking about the wisdom of lawgivers and not about the customs of men. + To return to the question of drinking: shall we have total abstinence, as + you have, or hard drinking, like the Scythians and Thracians, or moderate + potations like the Persians? 'Give us arms, and we send all these nations + flying before us.' My good friend, be modest; victories and defeats often + arise from unknown causes, and afford no proof of the goodness or badness + of institutions. The stronger overcomes the weaker, as the Athenians have + overcome the Ceans, or the Syracusans the Locrians, who are, perhaps, the + best governed state in that part of the world. People are apt to praise or + censure practices without enquiring into the nature of them. This is the + way with drink: one person brings many witnesses, who sing the praises of + wine; another declares that sober men defeat drunkards in battle; and he + again is refuted in turn. I should like to conduct the argument on some + other method; for if you regard numbers, there are two cities on one side, + and ten thousand on the other. 'I am ready to pursue any method which is + likely to lead us to the truth.' Let me put the matter thus: Somebody + praises the useful qualities of a goat; another has seen goats running + about wild in a garden, and blames a goat or any other animal which + happens to be without a keeper. 'How absurd!' Would a pilot who is + sea-sick be a good pilot? 'No.' Or a general who is sick and drunk with + fear and ignorant of war a good general? 'A general of old women he ought + to be.' But can any one form an estimate of any society, which is intended + to have a ruler, and which he only sees in an unruly and lawless state? + 'No.' There is a convivial form of society—is there not? 'Yes.' And + has this convivial society ever been rightly ordered? Of course you + Spartans and Cretans have never seen anything of the kind, but I have had + wide experience, and made many enquiries about such societies, and have + hardly ever found anything right or good in them. 'We acknowledge our want + of experience, and desire to learn of you.' Will you admit that in all + societies there must be a leader? 'Yes.' And in time of war he must be a + man of courage and absolutely devoid of fear, if this be possible? + 'Certainly.' But we are talking now of a general who shall preside at + meetings of friends—and as these have a tendency to be uproarious, + they ought above all others to have a governor. 'Very good.' He should be + a sober man and a man of the world, who will keep, make, and increase the + peace of the society; a drunkard in charge of drunkards would be + singularly fortunate if he avoided doing a serious mischief. 'Indeed he + would.' Suppose a person to censure such meetings—he may be right, + but also he may have known them only in their disorderly state, under a + drunken master of the feast; and a drunken general or pilot cannot save + his army or his ships. 'True; but although I see the advantage of an army + having a good general, I do not equally see the good of a feast being well + managed.' If you mean to ask what good accrues to the state from the right + training of a single youth or a single chorus, I should reply, 'Not much'; + but if you ask what is the good of education in general, I answer, that + education makes good men, and that good men act nobly and overcome their + enemies in battle. Victory is often suicidal to the victors, because it + creates forgetfulness of education, but education itself is never + suicidal. 'You imply that the regulation of convivial meetings is a part + of education; how will you prove this?' I will tell you. But first let me + offer a word of apology. We Athenians are always thought to be fond of + talking, whereas the Lacedaemonian is celebrated for brevity, and the + Cretan is considered to be sagacious and reserved. Now I fear that I may + be charged with spinning a long discourse out of slender materials. For + drinking cannot be rightly ordered without correct principles of music, + and music runs up into education generally, and to discuss all these + matters may be tedious; if you like, therefore, we will pass on to another + part of our subject. 'Are you aware, Athenian, that our family is your + proxenus at Sparta, and that from my boyhood I have regarded Athens as a + second country, and having often fought your battles in my youth, I have + become attached to you, and love the sound of the Attic dialect? The + saying is true, that the best Athenians are more than ordinarily good, + because they are good by nature; therefore, be assured that I shall be + glad to hear you talk as much as you please.' 'I, too,' adds Cleinias, + 'have a tie which binds me to you. You know that Epimenides, the Cretan + prophet, came and offered sacrifices in your city by the command of an + oracle ten years before the Persian war. He told the Athenians that the + Persian host would not come for ten years, and would go away again, having + suffered more harm than they had inflicted. Now Epimenides was of my + family, and when he visited Athens he entered into friendship with your + forefathers.' I see that you are willing to listen, and I have the will to + speak, if I had only the ability. But, first, I must define the nature and + power of education, and by this road we will travel on to the God + Dionysus. The man who is to be good at anything must have early training;—the + future builder must play at building, and the husbandman at digging; the + soldier must learn to ride, and the carpenter to measure and use the rule,—all + the thoughts and pleasures of children should bear on their + after-profession.—Do you agree with me? 'Certainly.' And we must + remember further that we are speaking of the education, not of a trainer, + or of the captain of a ship, but of a perfect citizen who knows how to + rule and how to obey; and such an education aims at virtue, and not at + wealth or strength or mere cleverness. To the good man, education is of + all things the most precious, and is also in constant need of renovation. + 'We agree.' And we have before agreed that good men are those who are able + to control themselves, and bad men are those who are not. Let me offer you + an illustration which will assist our argument. Man is one; but in one and + the same man are two foolish counsellors who contend within him—pleasure + and pain, and of either he has expectations which we call hope and fear; + and he is able to reason about good and evil, and reason, when affirmed by + the state, becomes law. 'We cannot follow you.' Let me put the matter in + another way: Every creature is a puppet of the Gods—whether he is a + mere plaything or has any serious use we do not know; but this we do know, + that he is drawn different ways by cords and strings. There is a soft + golden cord which draws him towards virtue—this is the law of the + state; and there are other cords made of iron and hard materials drawing + him other ways. The golden reasoning influence has nothing of the nature + of force, and therefore requires ministers in order to vanquish the other + principles. This explains the doctrine that cities and citizens both + conquer and are conquered by themselves. The individual follows reason, + and the city law, which is embodied reason, either derived from the Gods + or from the legislator. When virtue and vice are thus distinguished, + education will be better understood, and in particular the relation of + education to convivial intercourse. And now let us set wine before the + puppet. You admit that wine stimulates the passions? 'Yes.' And does wine + equally stimulate the reasoning faculties? 'No; it brings the soul back to + a state of childhood.' In such a state a man has the least control over + himself, and is, therefore, worst. 'Very true.' Then how can we believe + that drinking should be encouraged? 'You seem to think that it ought to + be.' And I am ready to maintain my position. 'We should like to hear you + prove that a man ought to make a beast of himself.' You are speaking of + the degradation of the soul: but how about the body? Would any man + willingly degrade or weaken that? 'Certainly not.' And yet if he goes to a + doctor or a gymnastic master, does he not make himself ill in the hope of + getting well? for no one would like to be always taking medicine, or + always to be in training. 'True.' And may not convivial meetings have a + similar remedial use? And if so, are they not to be preferred to other + modes of training because they are painless? 'But have they any such use?' + Let us see: Are there not two kinds of fear—fear of evil and fear of + an evil reputation? 'There are.' The latter kind of fear is opposed both + to the fear of pain and to the love of pleasure. This is called by the + legislator reverence, and is greatly honoured by him and by every good + man; whereas confidence, which is the opposite quality, is the worst fault + both of individuals and of states. This sort of fear or reverence is one + of the two chief causes of victory in war, fearlessness of enemies being + the other. 'True.' Then every one should be both fearful and fearless? + 'Yes.' The right sort of fear is infused into a man when he comes face to + face with shame, or cowardice, or the temptations of pleasure, and has to + conquer them. He must learn by many trials to win the victory over + himself, if he is ever to be made perfect. 'That is reasonable enough.' + And now, suppose that the Gods had given mankind a drug, of which the + effect was to exaggerate every sort of evil and danger, so that the + bravest man entirely lost his presence of mind and became a coward for a + time:—would such a drug have any value? 'But is there such a drug?' + No; but suppose that there were; might not the legislator use such a mode + of testing courage and cowardice? 'To be sure.' The legislator would + induce fear in order to implant fearlessness; and would give rewards or + punishments to those who behaved well or the reverse, under the influence + of the drug? 'Certainly.' And this mode of training, whether practised in + the case of one or many, whether in solitude or in the presence of a large + company—if a man have sufficient confidence in himself to drink the + potion amid his boon companions, leaving off in time and not taking too + much,—would be an equally good test of temperance? 'Very true.' Let + us return to the lawgiver and say to him, 'Well, lawgiver, no such + fear-producing potion has been given by God or invented by man, but there + is a potion which will make men fearless.' 'You mean wine.' Yes; has not + wine an effect the contrary of that which I was just now describing,—first + mellowing and humanizing a man, and then filling him with confidence, + making him ready to say or do anything? 'Certainly.' Let us not forget + that there are two qualities which should be cultivated in the soul—first, + the greatest fearlessness, and, secondly, the greatest fear, which are + both parts of reverence. Courage and fearlessness are trained amid + dangers; but we have still to consider how fear is to be trained. We + desire to attain fearlessness and confidence without the insolence and + boldness which commonly attend them. For do not love, ignorance, avarice, + wealth, beauty, strength, while they stimulate courage, also madden and + intoxicate the soul? What better and more innocent test of character is + there than festive intercourse? Would you make a bargain with a man in + order to try whether he is honest? Or would you ascertain whether he is + licentious by putting your wife or daughter into his hands? No one would + deny that the test proposed is fairer, speedier, and safer than any other. + And such a test will be particularly useful in the political science, + which desires to know human natures and characters. 'Very true.' + </p> + <p> + BOOK II. And are there any other uses of well-ordered potations? There + are; but in order to explain them, I must repeat what I mean by right + education; which, if I am not mistaken, depends on the due regulation of + convivial intercourse. 'A high assumption.' I believe that virtue and vice + are originally present to the mind of children in the form of pleasure and + pain; reason and fixed principles come later, and happy is he who acquires + them even in declining years; for he who possesses them is the perfect + man. When pleasure and pain, and love and hate, are rightly implanted in + the yet unconscious soul, and after the attainment of reason are + discovered to be in harmony with her, this harmony of the soul is virtue, + and the preparatory stage, anticipating reason, I call education. But the + finer sense of pleasure and pain is apt to be impaired in the course of + life; and therefore the Gods, pitying the toils and sorrows of mortals, + have allowed them to have holidays, and given them the Muses and Apollo + and Dionysus for leaders and playfellows. All young creatures love motion + and frolic, and utter sounds of delight; but man only is capable of taking + pleasure in rhythmical and harmonious movements. With these education + begins; and the uneducated is he who has never known the discipline of the + chorus, and the educated is he who has. The chorus is partly dance and + partly song, and therefore the well-educated must sing and dance well. But + when we say, 'He sings and dances well,' we mean that he sings and dances + what is good. And if he thinks that to be good which is really good, he + will have a much higher music and harmony in him, and be a far greater + master of imitation in sound and gesture than he who is not of this + opinion. 'True.' Then, if we know what is good and bad in song and dance, + we shall know what education is? 'Very true.' Let us now consider the + beauty of figure, melody, song, and dance. Will the same figures or sounds + be equally well adapted to the manly and the cowardly when they are in + trouble? 'How can they be, when the very colours of their faces are + different?' Figures and melodies have a rhythm and harmony which are + adapted to the expression of different feelings (I may remark, by the way, + that the term 'colour,' which is a favourite word of music-masters, is not + really applicable to music). And one class of harmonies is akin to courage + and all virtue, the other to cowardice and all vice. 'We agree.' And do + all men equally like all dances? 'Far otherwise.' Do some figures, then, + appear to be beautiful which are not? For no one will admit that the forms + of vice are more beautiful than the forms of virtue, or that he prefers + the first kind to the second. And yet most persons say that the merit of + music is to give pleasure. But this is impiety. There is, however, a more + plausible account of the matter given by others, who make their likes or + dislikes the criterion of excellence. Sometimes nature crosses habit, or + conversely, and then they say that such and such fashions or gestures are + pleasant, but they do not like to exhibit them before men of sense, + although they enjoy them in private. 'Very true.' And do vicious measures + and strains do any harm, or good measures any good to the lovers of them? + 'Probably.' Say, rather 'Certainly': for the gentle indulgence which we + often show to vicious men inevitably makes us become like them. And what + can be worse than this? 'Nothing.' Then in a well-administered city, the + poet will not be allowed to make the songs of the people just as he + pleases, or to train his choruses without regard to virtue and vice. + 'Certainly not.' And yet he may do this anywhere except in Egypt; for + there ages ago they discovered the great truth which I am now asserting, + that the young should be educated in forms and strains of virtue. These + they fixed and consecrated in their temples; and no artist or musician is + allowed to deviate from them. They are literally the same which they were + ten thousand years ago. And this practice of theirs suggests the + reflection that legislation about music is not an impossible thing. But + the particular enactments must be the work of God or of some God-inspired + man, as in Egypt their ancient chants are said to be the composition of + the goddess Isis. The melodies which have a natural truth and correctness + should be embodied in a law, and then the desire of novelty is not strong + enough to change the old fashions. Is not the origin of music as follows? + We rejoice when we think that we prosper, and we think that we prosper + when we rejoice, and at such times we cannot rest, but our young men dance + dances and sing songs, and our old men, who have lost the elasticity of + youth, regale themselves with the memory of the past, while they + contemplate the life and activity of the young. 'Most true.' People say + that he who gives us most pleasure at such festivals is to win the palm: + are they right? 'Possibly.' Let us not be hasty in deciding, but first + imagine a festival at which the lord of the festival, having assembled the + citizens, makes a proclamation that he shall be crowned victor who gives + the most pleasure, from whatever source derived. We will further suppose + that there are exhibitions of rhapsodists and musicians, tragic and comic + poets, and even marionette-players—which of the pleasure-makers will + win? Shall I answer for you?—the marionette-players will please the + children; youths will decide for comedy; young men, educated women, and + people in general will prefer tragedy; we old men are lovers of Homer and + Hesiod. Now which of them is right? If you and I are asked, we shall + certainly say that the old men's way of thinking ought to prevail. 'Very + true.' So far I agree with the many that the excellence of music is to be + measured by pleasure; but then the pleasure must be that of the good and + educated, or better still, of one supremely virtuous and educated man. The + true judge must have both wisdom and courage. For he must lead the + multitude and not be led by them, and must not weakly yield to the uproar + of the theatre, nor give false judgment out of that mouth which has just + appealed to the Gods. The ancient custom of Hellas, which still prevails + in Italy and Sicily, left the judgment to the spectators, but this custom + has been the ruin of the poets, who seek only to please their patrons, and + has degraded the audience by the representation of inferior characters. + What is the inference? The same which we have often drawn, that education + is the training of the young idea in what the law affirms and the elders + approve. And as the soul of a child is too young to be trained in earnest, + a kind of education has been invented which tempts him with plays and + songs, as the sick are tempted by pleasant meats and drinks. And the wise + legislator will compel the poet to express in his poems noble thoughts in + fitting words and rhythms. 'But is this the practice elsewhere than in + Crete and Lacedaemon? In other states, as far as I know, dances and music + are constantly changed at the pleasure of the hearers.' I am afraid that I + misled you; not liking to be always finding fault with mankind as they + are, I described them as they ought to be. But let me understand: you say + that such customs exist among the Cretans and Lacedaemonians, and that the + rest of the world would be improved by adopting them? 'Much improved.' And + you compel your poets to declare that the righteous are happy, and that + the wicked man, even if he be as rich as Midas, is unhappy? Or, in the + words of Tyrtaeus, 'I sing not, I care not about him' who is a great + warrior not having justice; if he be unjust, 'I would not have him look + calmly upon death or be swifter than the wind'; and may he be deprived of + every good—that is, of every true good. For even if he have the + goods which men regard, these are not really goods: first health; beauty + next; thirdly wealth; and there are others. A man may have every sense + purged and improved; he may be a tyrant, and do what he likes, and live + for ever: but you and I will maintain that all these things are goods to + the just, but to the unjust the greatest of evils, if life be immortal; + not so great if he live for a short time only. If a man had health and + wealth, and power, and was insolent and unjust, his life would still be + miserable; he might be fair and rich, and do what he liked, but he would + live basely, and if basely evilly, and if evilly painfully. 'There I + cannot agree with you.' Then may heaven give us the spirit of agreement, + for I am as convinced of the truth of what I say as that Crete is an + island; and, if I were a lawgiver, I would exercise a censorship over the + poets, and I would punish them if they said that the wicked are happy, or + that injustice is profitable. And these are not the only matters in which + I should make my citizens talk in a different way to the world in general. + If I asked Zeus and Apollo, the divine legislators of Crete and Sparta,—'Are + the just and pleasant life the same or not the same'?—and they + replied,—'Not the same'; and I asked again—'Which is the + happier'? And they said'—'The pleasant life,' this is an answer not + fit for a God to utter, and therefore I ought rather to put the same + question to some legislator. And if he replies 'The pleasant,' then I + should say to him, 'O my father, did you not tell me that I should live as + justly as possible'? and if to be just is to be happy, what is that + principle of happiness or good which is superior to pleasure? Is the + approval of gods and men to be deemed good and honourable, but unpleasant, + and their disapproval the reverse? Or is the neither doing nor suffering + evil good and honourable, although not pleasant? But you cannot make men + like what is not pleasant, and therefore you must make them believe that + the just is pleasant. The business of the legislator is to clear up this + confusion. He will show that the just and the unjust are identical with + the pleasurable and the painful, from the point of view of the just man, + of the unjust the reverse. And which is the truer judgment? Surely that of + the better soul. For if not the truth, it is the best and most moral of + fictions; and the legislator who desires to propagate this useful lie, may + be encouraged by remarking that mankind have believed the story of Cadmus + and the dragon's teeth, and therefore he may be assured that he can make + them believe anything, and need only consider what fiction will do the + greatest good. That the happiest is also the holiest, this shall be our + strain, which shall be sung by all three choruses alike. First will enter + the choir of children, who will lift up their voices on high; and after + them the young men, who will pray the God Paean to be gracious to the + youth, and to testify to the truth of their words; then will come the + chorus of elder men, between thirty and sixty; and, lastly, there will be + the old men, and they will tell stories enforcing the same virtues, as + with the voice of an oracle. 'Whom do you mean by the third chorus?' You + remember how I spoke at first of the restless nature of young creatures, + who jumped about and called out in a disorderly manner, and I said that no + other animal attained any perception of rhythm; but that to us the Gods + gave Apollo and the Muses and Dionysus to be our playfellows. Of the two + first choruses I have already spoken, and I have now to speak of the + third, or Dionysian chorus, which is composed of those who are between + thirty and sixty years old. 'Let us hear.' We are agreed (are we not?) + that men, women, and children should be always charming themselves with + strains of virtue, and that there should be a variety in the strains, that + they may not weary of them? Now the fairest and most useful of strains + will be uttered by the elder men, and therefore we cannot let them off. + But how can we make them sing? For a discreet elderly man is ashamed to + hear the sound of his own voice in private, and still more in public. The + only way is to give them drink; this will mellow the sourness of age. No + one should be allowed to taste wine until they are eighteen; from eighteen + to thirty they may take a little; but when they have reached forty years, + they may be initiated into the mystery of drinking. Thus they will become + softer and more impressible; and when a man's heart is warm within him, he + will be more ready to charm himself and others with song. And what songs + shall he sing? 'At Crete and Lacedaemon we only know choral songs.' Yes; + that is because your way of life is military. Your young men are like wild + colts feeding in a herd together; no one takes the individual colt and + trains him apart, and tries to give him the qualities of a statesman as + well as of a soldier. He who was thus trained would be a greater warrior + than those of whom Tyrtaeus speaks, for he would be courageous, and yet he + would know that courage was only fourth in the scale of virtue. 'Once + more, I must say, Stranger, that you run down our lawgivers.' Not + intentionally, my good friend, but whither the argument leads I follow; + and I am trying to find some style of poetry suitable for those who + dislike the common sort. 'Very good.' In all things which have a charm, + either this charm is their good, or they have some accompanying truth or + advantage. For example, in eating and drinking there is pleasure and also + profit, that is to say, health; and in learning there is a pleasure and + also truth. There is a pleasure or charm, too, in the imitative arts, as + well as a law of proportion or equality; but the pleasure which they + afford, however innocent, is not the criterion of their truth. The test of + pleasure cannot be applied except to that which has no other good or evil, + no truth or falsehood. But that which has truth must be judged of by the + standard of truth, and therefore imitation and proportion are to be judged + of by their truth alone. 'Certainly.' And as music is imitative, it is not + to be judged by the criterion of pleasure, and the Muse whom we seek is + the muse not of pleasure but of truth, for imitation has a truth. + 'Doubtless.' And if so, the judge must know what is being imitated before + he decides on the quality of the imitation, and he who does not know what + is true will not know what is good. 'He will not.' Will any one be able to + imitate the human body, if he does not know the number, proportion, + colour, or figure of the limbs? 'How can he?' But suppose we know some + picture or figure to be an exact resemblance of a man, should we not also + require to know whether the picture is beautiful or not? 'Quite right.' + The judge of the imitation is required to know, therefore, first the + original, secondly the truth, and thirdly the merit of the execution? + 'True.' Then let us not weary in the attempt to bring music to the + standard of the Muses and of truth. The Muses are not like human poets; + they never spoil or mix rhythms or scales, or mingle instruments and human + voices, or confuse the manners and strains of men and women, or of freemen + and slaves, or of rational beings and brute animals. They do not practise + the baser sorts of musical arts, such as the 'matured judgments,' of whom + Orpheus speaks, would ridicule. But modern poets separate metre from + music, and melody and rhythm from words, and use the instrument alone + without the voice. The consequence is, that the meaning of the rhythm and + of the time are not understood. I am endeavouring to show how our + fifty-year-old choristers are to be trained, and what they are to avoid. + The opinion of the multitude about these matters is worthless; they who + are only made to step in time by sheer force cannot be critics of music. + 'Impossible.' Then our newly-appointed minstrels must be trained in music + sufficiently to understand the nature of rhythms and systems; and they + should select such as are suitable to men of their age, and will enable + them to give and receive innocent pleasure. This is a knowledge which goes + beyond that either of the poets or of their auditors in general. For + although the poet must understand rhythm and music, he need not + necessarily know whether the imitation is good or not, which was the third + point required in a judge; but our chorus of elders must know all three, + if they are to be the instructors of youth. + </p> + <p> + And now we will resume the original argument, which may be summed up as + follows: A convivial meeting is apt to grow tumultuous as the drinking + proceeds; every man becomes light-headed, and fancies that he can rule the + whole world. 'Doubtless.' And did we not say that the souls of the + drinkers, when subdued by wine, are made softer and more malleable at the + hand of the legislator? the docility of childhood returns to them. At + times however they become too valiant and disorderly, drinking out of + their turn, and interrupting one another. And the business of the + legislator is to infuse into them that divine fear, which we call shame, + in opposition to this disorderly boldness. But in order to discipline them + there must be guardians of the law of drinking, and sober generals who + shall take charge of the private soldiers; they are as necessary in + drinking as in fighting, and he who disobeys these Dionysiac commanders + will be equally disgraced. 'Very good.' If a drinking festival were well + regulated, men would go away, not as they now do, greater enemies, but + better friends. Of the greatest gift of Dionysus I hardly like to speak, + lest I should be misunderstood. 'What is that?' According to tradition + Dionysus was driven mad by his stepmother Here, and in order to revenge + himself he inspired mankind with Bacchic madness. But these are stories + which I would rather not repeat. However I do acknowledge that all men are + born in an imperfect state, and are at first restless, irrational + creatures: this, as you will remember, has been already said by us. 'I + remember.' And that Apollo and the Muses and Dionysus gave us harmony and + rhythm? 'Very true.' The other story implies that wine was given to punish + us and make us mad; but we contend that wine is a balm and a cure; a + spring of modesty in the soul, and of health and strength in the body. + Again, the work of the chorus is co-extensive with the work of education; + rhythm and melody answer to the voice, and the motions of the body + correspond to all three, and the sound enters in and educates the soul in + virtue. 'Yes.' And the movement which, when pursued as an amusement, is + termed dancing, when studied with a view to the improvement of the body, + becomes gymnastic. Shall we now proceed to speak of this? 'What Cretan or + Lacedaemonian would approve of your omitting gymnastic?' Your question + implies assent; and you will easily understand a subject which is familiar + to you. Gymnastic is based on the natural tendency of every animal to + rapid motion; and man adds a sense of rhythm, which is awakened by music; + music and dancing together form the choral art. But before proceeding I + must add a crowning word about drinking. Like other pleasures, it has a + lawful use; but if a state or an individual is inclined to drink at will, + I cannot allow them. I would go further than Crete or Lacedaemon and have + the law of the Carthaginians, that no slave of either sex should drink + wine at all, and no soldier while he is on a campaign, and no magistrate + or officer while he is on duty, and that no one should drink by daylight + or on a bridal night. And there are so many other occasions on which wine + ought to be prohibited, that there will not be many vines grown or + vineyards required in the state. + </p> + <p> + BOOK III. If a man wants to know the origin of states and societies, he + should behold them from the point of view of time. Thousands of cities + have come into being and have passed away again in infinite ages, every + one of them having had endless forms of government; and if we can + ascertain the cause of these changes in states, that will probably explain + their origin. What do you think of ancient traditions about deluges and + destructions of mankind, and the preservation of a remnant? 'Every one + believes in them.' Then let us suppose the world to have been destroyed by + a deluge. The survivors would be hill-shepherds, small sparks of the human + race, dwelling in isolation, and unacquainted with the arts and vices of + civilization. We may further suppose that the cities on the plain and on + the coast have been swept away, and that all inventions, and every sort of + knowledge, have perished. 'Why, if all things were as they now are, + nothing would have ever been invented. All our famous discoveries have + been made within the last thousand years, and many of them are but of + yesterday.' Yes, Cleinias, and you must not forget Epimenides, who was + really of yesterday; he practised the lesson of moderation and abstinence + which Hesiod only preached. 'True.' After the great destruction we may + imagine that the earth was a desert, in which there were a herd or two of + oxen and a few goats, hardly enough to support those who tended them; + while of politics and governments the survivors would know nothing. And + out of this state of things have arisen arts and laws, and a great deal of + virtue and a great deal of vice; little by little the world has come to be + what it is. At first, the few inhabitants would have had a natural fear of + descending into the plains; although they would want to have intercourse + with one another, they would have a difficulty in getting about, having + lost the arts, and having no means of extracting metals from the earth, or + of felling timber; for even if they had saved any tools, these would soon + have been worn out, and they could get no more until the art of metallurgy + had been again revived. Faction and war would be extinguished among them, + for being solitary they would incline to be friendly; and having abundance + of pasture and plenty of milk and flesh, they would have nothing to + quarrel about. We may assume that they had also dwellings, clothes, + pottery, for the weaving and plastic arts do not require the use of + metals. In those days they were neither poor nor rich, and there was no + insolence or injustice among them; for they were of noble natures, and + lived up to their principles, and believed what they were told; knowing + nothing of land or naval warfare, or of legal practices or party + conflicts, they were simpler and more temperate, and also more just than + the men of our day. 'Very true.' I am showing whence the need of lawgivers + arises, for in primitive ages they neither had nor wanted them. Men lived + according to the customs of their fathers, in a simple manner, under a + patriarchal government, such as still exists both among Hellenes and + barbarians, and is described in Homer as prevailing among the Cyclopes:— + </p> + <p> + 'They have no laws, and they dwell in rocks or on the tops of mountains, + and every one is the judge of his wife and children, and they do not + trouble themselves about one another.' + </p> + <p> + 'That is a charming poet of yours, though I know little of him, for in + Crete foreign poets are not much read.' 'But he is well known in Sparta, + though he describes Ionian rather than Dorian manners, and he seems to + take your view of primitive society.' May we not suppose that government + arose out of the union of single families who survived the destruction, + and were under the rule of patriarchs, because they had originally + descended from a single father and mother? 'That is very probable.' As + time went on, men increased in number, and tilled the ground, living in a + common habitation, which they protected by walls against wild beasts; but + the several families retained the laws and customs which they separately + received from their first parents. They would naturally like their own + laws better than any others, and would be already formed by them when they + met in a common society: thus legislation imperceptibly began among them. + For in the next stage the associated families would appoint + plenipotentiaries, who would select and present to the chiefs those of all + their laws which they thought best. The chiefs in turn would make a + further selection, and would thus become the lawgivers of the state, which + they would form into an aristocracy or a monarchy. 'Probably.' In the + third stage various other forms of government would arise. This state of + society is described by Homer in speaking of the foundation of Dardania, + which, he says, + </p> +<pre xml:space="preserve"> + 'was built at the foot of many-fountained Ida, for Ilium, + the city of the plain, as yet was not.' +</pre> + <p> + Here, as also in the account of the Cyclopes, the poet by some divine + inspiration has attained truth. But to proceed with our tale. Ilium was + built in a wide plain, on a low hill, which was surrounded by streams + descending from Ida. This shows that many ages must have passed; for the + men who remembered the deluge would never have placed their city at the + mercy of the waters. When mankind began to multiply, many other cities + were built in similar situations. These cities carried on a ten years' war + against Troy, by sea as well as land, for men were ceasing to be afraid of + the sea, and, in the meantime, while the chiefs of the army were at Troy, + their homes fell into confusion. The youth revolted and refused to receive + their own fathers; deaths, murders, exiles ensued. Under the new name of + Dorians, which they received from their chief Dorieus, the exiles + returned: the rest of the story is part of the history of Sparta. + </p> + <p> + Thus, after digressing from the subject of laws into music and drinking, + we return to the settlement of Sparta, which in laws and institutions is + the sister of Crete. We have seen the rise of a first, second, and third + state, during the lapse of ages; and now we arrive at a fourth state, and + out of the comparison of all four we propose to gather the nature of laws + and governments, and the changes which may be desirable in them. 'If,' + replies the Spartan, 'our new discussion is likely to be as good as the + last, I would think the longest day too short for such an employment.' + </p> + <p> + Let us imagine the time when Lacedaemon, and Argos, and Messene were all + subject, Megillus, to your ancestors. Afterwards, they distributed the + army into three portions, and made three cities—Argos, Messene, + Lacedaemon. 'Yes.' Temenus was the king of Argos, Cresphontes of Messene, + Procles and Eurysthenes ruled at Lacedaemon. 'Just so.' And they all swore + to assist any one of their number whose kingdom was subverted. 'Yes.' But + did we not say that kingdoms or governments can only be subverted by + themselves? 'That is true.' Yes, and the truth is now proved by facts: + there were certain conditions upon which the three kingdoms were to assist + one another; the government was to be mild and the people obedient, and + the kings and people were to unite in assisting either of the two others + when they were wronged. This latter condition was a great security. + 'Clearly.' Such a provision is in opposition to the common notion that the + lawgiver should make only such laws as the people like; but we say that he + should rather be like a physician, prepared to effect a cure even at the + cost of considerable suffering. 'Very true.' The early lawgivers had + another great advantage—they were saved from the reproach which + attends a division of land and the abolition of debts. No one could + quarrel with the Dorians for dividing the territory, and they had no debts + of long standing. 'They had not.' Then what was the reason why their + legislation signally failed? For there were three kingdoms, two of them + quickly lost their original constitution. That is a question which we + cannot refuse to answer, if we mean to proceed with our old man's game of + enquiring into laws and institutions. And the Dorian institutions are more + worthy of consideration than any other, having been evidently intended to + be a protection not only to the Peloponnese, but to all the Hellenes + against the Barbarians. For the capture of Troy by the Achaeans had given + great offence to the Assyrians, of whose empire it then formed part, and + they were likely to retaliate. Accordingly the royal Heraclid brothers + devised their military constitution, which was organised on a far better + plan than the old Trojan expedition; and the Dorians themselves were far + superior to the Achaeans, who had taken part in that expedition, and had + been conquered by them. Such a scheme, undertaken by men who had shared + with one another toils and dangers, sanctioned by the Delphian oracle, + under the guidance of the Heraclidae, seemed to have a promise of + permanence. 'Naturally.' Yet this has not proved to be the case. Instead + of the three being one, they have always been at war; had they been + united, in accordance with the original intention, they would have been + invincible. + </p> + <p> + And what caused their ruin? Did you ever observe that there are beautiful + things of which men often say, 'What wonders they would have effected if + rightly used?' and yet, after all, this may be a mistake. And so I say of + the Heraclidae and their expedition, which I may perhaps have been + justified in admiring, but which nevertheless suggests to me the general + reflection,—'What wonders might not strength and military resources + have accomplished, if the possessor had only known how to use them!' For + consider: if the generals of the army had only known how to arrange their + forces, might they not have given their subjects everlasting freedom, and + the power of doing what they would in all the world? 'Very true.' Suppose + a person to express his admiration of wealth or rank, does he not do so + under the idea that by the help of these he can attain his desires? All + men wish to obtain the control of all things, and they are always praying + for what they desire. 'Certainly.' And we ask for our friends what they + ask for themselves. 'Yes.' Dear is the son to the father, and yet the son, + if he is young and foolish, will often pray to obtain what the father will + pray that he may not obtain. 'True.' And when the father, in the heat of + youth or the dotage of age, makes some rash prayer, the son, like + Hippolytus, may have reason to pray that the word of his father may be + ineffectual. 'You mean that a man should pray to have right desires, + before he prays that his desires may be fulfilled; and that wisdom should + be the first object of our prayers?' Yes; and you will remember my saying + that wisdom should be the principal aim of the legislator; but you said + that defence in war came first. And I replied, that there were four + virtues, whereas you acknowledged one only—courage, and not wisdom + which is the guide of all the rest. And I repeat—in jest if you + like, but I am willing that you should receive my words in earnest—that + 'the prayer of a fool is full of danger.' I will prove to you, if you will + allow me, that the ruin of those states was not caused by cowardice or + ignorance in war, but by ignorance of human affairs. 'Pray proceed: our + attention will show better than compliments that we prize your words.' I + maintain that ignorance is, and always has been, the ruin of states; + wherefore the legislator should seek to banish it from the state; and the + greatest ignorance is the love of what is known to be evil, and the hatred + of what is known to be good; this is the last and greatest conflict of + pleasure and reason in the soul. I say the greatest, because affecting the + greater part of the soul; for the passions are in the individual what the + people are in a state. And when they become opposed to reason or law, and + instruction no longer avails—that is the last and greatest ignorance + of states and men. 'I agree.' Let this, then, be our first principle:—That + the citizen who does not know how to choose between good and evil must not + have authority, although he possess great mental gifts, and many + accomplishments; for he is really a fool. On the other hand, he who has + this knowledge may be unable either to read or swim; nevertheless, he + shall be counted wise and permitted to rule. For how can there be wisdom + where there is no harmony?—the wise man is the saviour, and he who + is devoid of wisdom is the destroyer of states and households. There are + rulers and there are subjects in states. And the first claim to rule is + that of parents to rule over their children; the second, that of the noble + to rule over the ignoble; thirdly, the elder must govern the younger; in + the fourth place, the slave must obey his master; fifthly, there is the + power of the stronger, which the poet Pindar declares to be according to + nature; sixthly, there is the rule of the wiser, which is also according + to nature, as I must inform Pindar, if he does not know, and is the rule + of law over obedient subjects. 'Most true.' And there is a seventh kind of + rule which the Gods love,—in this the ruler is elected by lot. + </p> + <p> + Then, now, we playfully say to him who fancies that it is easy to make + laws:—You see, legislator, the many and inconsistent claims to + authority; here is a spring of troubles which you must stay. And first of + all you must help us to consider how the kings of Argos and Messene in + olden days destroyed their famous empire—did they forget the saying + of Hesiod, that 'the half is better than the whole'? And do we suppose + that the ignorance of this truth is less fatal to kings than to peoples? + 'Probably the evil is increased by their way of life.' The kings of those + days transgressed the laws and violated their oaths. Their deeds were not + in harmony with their words, and their folly, which seemed to them wisdom, + was the ruin of the state. And how could the legislator have prevented + this evil?—the remedy is easy to see now, but was not easy to + foresee at the time. 'What is the remedy?' The institutions of Sparta may + teach you, Megillus. Wherever there is excess, whether the vessel has too + large a sail, or the body too much food, or the mind too much power, there + destruction is certain. And similarly, a man who possesses arbitrary power + is soon corrupted, and grows hateful to his dearest friends. In order to + guard against this evil, the God who watched over Sparta gave you two + kings instead of one, that they might balance one another; and further to + lower the pulse of your body politic, some human wisdom, mingled with + divine power, tempered the strength and self-sufficiency of youth with the + moderation of age in the institution of your senate. A third saviour + bridled your rising and swelling power by ephors, whom he assimilated to + officers elected by lot: and thus the kingly power was preserved, and + became the preserver of all the rest. Had the constitution been arranged + by the original legislators, not even the portion of Aristodemus would + have been saved; for they had no political experience, and imagined that a + youthful spirit invested with power could be restrained by oaths. Now that + God has instructed us in the arts of legislation, there is no merit in + seeing all this, or in learning wisdom after the event. But if the coming + danger could have been foreseen, and the union preserved, then no Persian + or other enemy would have dared to attack Hellas; and indeed there was not + so much credit to us in defeating the enemy, as discredit in our + disloyalty to one another. For of the three cities one only fought on + behalf of Hellas; and of the two others, Argos refused her aid; and + Messenia was actually at war with Sparta: and if the Lacedaemonians and + Athenians had not united, the Hellenes would have been absorbed in the + Persian empire, and dispersed among the barbarians. We make these + reflections upon past and present legislators because we desire to find + out what other course could have been followed. We were saying just now, + that a state can only be free and wise and harmonious when there is a + balance of powers. There are many words by which we express the aims of + the legislator,—temperance, wisdom, friendship; but we need not be + disturbed by the variety of expression,—these words have all the + same meaning. 'I should like to know at what in your opinion the + legislator should aim.' Hear me, then. There are two mother forms of + states—one monarchy, and the other democracy: the Persians have the + first in the highest form, and the Athenians the second; and no government + can be well administered which does not include both. There was a time + when both the Persians and Athenians had more the character of a + constitutional state than they now have. In the days of Cyrus the Persians + were freemen as well as lords of others, and their soldiers were free and + equal, and the kings used and honoured all the talent which they could + find, and so the nation waxed great, because there was freedom and + friendship and communion of soul. But Cyrus, though a wise general, never + troubled himself about the education of his family. He was a soldier from + his youth upward, and left his children who were born in the purple to be + educated by women, who humoured and spoilt them. 'A rare education, + truly!' Yes, such an education as princesses who had recently grown rich + might be expected to give them in a country where the men were solely + occupied with warlike pursuits. 'Likely enough.' Their father had + possessions of men and animals, and never considered that the race to whom + he was about to make them over had been educated in a very different + school, not like the Persian shepherd, who was well able to take care of + himself and his own. He did not see that his children had been brought up + in the Median fashion, by women and eunuchs. The end was that one of the + sons of Cyrus slew the other, and lost the kingdom by his own folly. + Observe, again, that Darius, who restored the kingdom, had not received a + royal education. He was one of the seven chiefs, and when he came to the + throne he divided the empire into seven provinces; and he made equal laws, + and implanted friendship among the people. Hence his subjects were greatly + attached to him, and cheerfully helped him to extend his empire. Next + followed Xerxes, who had received the same royal education as Cambyses, + and met with a similar fate. The reflection naturally occurs to us—How + could Darius, with all his experience, have made such a mistake! The ruin + of Xerxes was not a mere accident, but the evil life which is generally + led by the sons of very rich and royal persons; and this is what the + legislator has seriously to consider. Justly may the Lacedaemonians be + praised for not giving special honour to birth or wealth; for such + advantages are not to be highly esteemed without virtue, and not even + virtue is to be esteemed unless it be accompanied by temperance. + 'Explain.' No one would like to live in the same house with a courageous + man who had no control over himself, nor with a clever artist who was a + rogue. Nor can justice and wisdom ever be separated from temperance. But + considering these qualities with reference to the honour and dishonour + which is to be assigned to them in states, would you say, on the other + hand, that temperance, if existing without the other virtues in the soul, + is worth anything or nothing? 'I cannot tell.' You have answered well. It + would be absurd to speak of temperance as belonging to the class of + honourable or of dishonourable qualities, because all other virtues in + their various classes require temperance to be added to them; having the + addition, they are honoured not in proportion to that, but to their own + excellence. And ought not the legislator to determine these classes? + 'Certainly.' Suppose then that, without going into details, we make three + great classes of them. Most honourable are the goods of the soul, always + assuming temperance as a condition of them; secondly, those of the body; + thirdly, external possessions. The legislator who puts them in another + order is doing an unholy and unpatriotic thing. + </p> + <p> + These remarks were suggested by the history of the Persian kings; and to + them I will now return. The ruin of their empire was caused by the loss of + freedom and the growth of despotism; all community of feeling disappeared. + Hatred and spoliation took the place of friendship; the people no longer + fought heartily for their masters; the rulers, finding their myriads + useless on the field of battle, resorted to mercenaries as their only + salvation, and were thus compelled by their circumstances to proclaim the + stupidest of falsehoods—that virtue is a trifle in comparison of + money. + </p> + <p> + But enough of the Persians: a different lesson is taught by the Athenians, + whose example shows that a limited freedom is far better than an + unlimited. Ancient Athens, at the time of the Persian invasion, had such a + limited freedom. The people were divided into four classes, according to + the amount of their property, and the universal love of order, as well as + the fear of the approaching host, made them obedient and willing citizens. + For Darius had sent Datis and Artaphernes, commanding them under pain of + death to subjugate the Eretrians and Athenians. A report, whether true or + not, came to Athens that all the Eretrians had been 'netted'; and the + Athenians in terror sent all over Hellas for assistance. None came to + their relief except the Lacedaemonians, and they arrived a day too late, + when the battle of Marathon had been already fought. In process of time + Xerxes came to the throne, and the Athenians heard of nothing but the + bridge over the Hellespont, and the canal of Athos, and the innumerable + host and fleet. They knew that these were intended to avenge the defeat of + Marathon. Their case seemed desperate, for there was no Hellene likely to + assist them by land, and at sea they were attacked by more than a thousand + vessels;—their only hope, however slender, was in victory; so they + relied upon themselves and upon the Gods. Their common danger, and the + influence of their ancient constitution, greatly tended to promote harmony + among them. Reverence and fear—that fear which the coward never + knows—made them fight for their altars and their homes, and saved + them from being dispersed all over the world. 'Your words, Athenian, are + worthy of your country.' And you Megillus, who have inherited the virtues + of your ancestors, are worthy to hear them. Let me ask you to take the + moral of my tale. The Persians have lost their liberty in absolute + slavery, and we in absolute freedom. In ancient times the Athenian people + were not the masters, but the servants of the laws. 'Of what laws?' In the + first place, there were laws about music, and the music was of various + kinds: there was one kind which consisted of hymns, another of + lamentations; there was also the paean and the dithyramb, and the + so-called 'laws' (nomoi) or strains, which were played upon the harp. The + regulation of such matters was not left to the whistling and clapping of + the crowd; there was silence while the judges decided, and the boys, and + the audience in general, were kept in order by raps of a stick. But after + a while there arose a new race of poets, men of genius certainly, however + careless of musical truth and propriety, who made pleasure the only + criterion of excellence. That was a test which the spectators could apply + for themselves; the whole audience, instead of being mute, became + vociferous, and a theatrocracy took the place of an aristocracy. Could the + judges have been free, there would have been no great harm done; a musical + democracy would have been well enough—but conceit has been our ruin. + Everybody knows everything, and is ready to say anything; the age of + reverence is gone, and the age of irreverence and licentiousness has + succeeded. 'Most true.' And with this freedom comes disobedience to + rulers, parents, elders,—in the latter days to the law also; the end + returns to the beginning, and the old Titanic nature reappears—men + have no regard for the Gods or for oaths; and the evils of the human race + seem as if they would never cease. Whither are we running away? Once more + we must pull up the argument with bit and curb, lest, as the proverb says, + we should fall off our ass. 'Good.' Our purpose in what we have been + saying is to prove that the legislator ought to aim at securing for a + state three things—freedom, friendship, wisdom. And we chose two + states;—one was the type of freedom, and the other of despotism; and + we showed that when in a mean they attained their highest perfection. In a + similar spirit we spoke of the Dorian expedition, and of the settlement on + the hills and in the plains of Troy; and of music, and the use of wine, + and of all that preceded. + </p> + <p> + And now, has our discussion been of any use? 'Yes, stranger; for by a + singular coincidence the Cretans are about to send out a colony, of which + the settlement has been confided to the Cnosians. Ten commissioners, of + whom I am one, are to give laws to the colonists, and we may give any + which we please—Cretan or foreign. And therefore let us make a + selection from what has been said, and then proceed with the construction + of the state.' Very good: I am quite at your service. 'And I too,' says + Megillus. + </p> + <p> + BOOK IV. And now, what is this city? I do not want to know what is to be + the name of the place (for some accident,—a river or a local deity, + will determine that), but what the situation is, whether maritime or + inland. 'The city will be about eleven miles from the sea.' Are there + harbours? 'Excellent.' And is the surrounding country self-supporting? + 'Almost.' Any neighbouring states? 'No; and that is the reason for + choosing the place, which has been deserted from time immemorial.' And is + there a fair proportion of hill and plain and wood? 'Like Crete in + general, more hill than plain.' Then there is some hope for your citizens; + had the city been on the sea, and dependent for support on other + countries, no human power could have preserved you from corruption. Even + the distance of eleven miles is hardly enough. For the sea, although an + agreeable, is a dangerous companion, and a highway of strange morals and + manners as well as of commerce. But as the country is only moderately + fertile there will be no great export trade and no great returns of gold + and silver, which are the ruin of states. Is there timber for + ship-building? 'There is no pine, nor much cypress; and very little + stone-pine or plane wood for the interior of ships.' That is good. 'Why?' + Because the city will not be able to imitate the bad ways of her enemies. + 'What is the bearing of that remark?' To explain my meaning, I would ask + you to remember what we said about the Cretan laws, that they had an eye + to war only; whereas I maintained that they ought to have included all + virtue. And I hope that you in your turn will retaliate upon me if I am + false to my own principle. For I consider that the lawgiver should go + straight to the mark of virtue and justice, and disregard wealth and every + other good when separated from virtue. What further I mean, when I speak + of the imitation of enemies, I will illustrate by the story of Minos, if + our Cretan friend will allow me to mention it. Minos, who was a great + sea-king, imposed upon the Athenians a cruel tribute, for in those days + they were not a maritime power; they had no timber for ship-building, and + therefore they could not 'imitate their enemies'; and better far, as I + maintain, would it have been for them to have lost many times over the + lives which they devoted to the tribute than to have turned soldiers into + sailors. Naval warfare is not a very praiseworthy art; men should not be + taught to leap on shore, and then again to hurry back to their ships, or + to find specious excuses for throwing away their arms; bad customs ought + not to be gilded with fine words. And retreat is always bad, as we are + taught in Homer, when he introduces Odysseus, setting forth to Agamemnon + the danger of ships being at hand when soldiers are disposed to fly. An + army of lions trained in such ways would fly before a herd of deer. + Further, a city which owes its preservation to a crowd of pilots and + oarsmen and other undeserving persons, cannot bestow rewards of honour + properly; and this is the ruin of states. 'Still, in Crete we say that the + battle of Salamis was the salvation of Hellas.' Such is the prevailing + opinion. But I and Megillus say that the battle of Marathon began the + deliverance, and that the battle of Plataea completed it; for these + battles made men better, whereas the battles of Salamis and Artemisium + made them no better. And we further affirm that mere existence is not the + great political good of individuals or states, but the continuance of the + best existence. 'Certainly.' Let us then endeavour to follow this + principle in colonization and legislation. + </p> + <p> + And first, let me ask you who are to be the colonists? May any one come + from any city of Crete? For you would surely not send a general invitation + to all Hellas. Yet I observe that in Crete there are people who have come + from Argos and Aegina and other places. 'Our recruits will be drawn from + all Crete, and of other Hellenes we should prefer Peloponnesians. As you + observe, there are Argives among the Cretans; moreover the Gortynians, who + are the best of all Cretans, have come from Gortys in Peloponnesus.' + </p> + <p> + Colonization is in some ways easier when the colony goes out in a swarm + from one country, owing to the pressure of population, or revolution, or + war. In this case there is the advantage that the new colonists have a + community of race, language, and laws. But then again, they are less + obedient to the legislator; and often they are anxious to keep the very + laws and customs which caused their ruin at home. A mixed multitude, on + the other hand, is more tractable, although there is a difficulty in + making them pull together. There is nothing, however, which perfects men's + virtue more than legislation and colonization. And yet I have a word to + say which may seem to be depreciatory of legislators. 'What is that?' + </p> + <p> + I was going to make the saddening reflection, that accidents of all sorts + are the true legislators,—wars and pestilences and famines and the + frequent recurrence of bad seasons. The observer will be inclined to say + that almost all human things are chance; and this is certainly true about + navigation and medicine, and the art of the general. But there is another + thing which may equally be said. 'What is it?' That God governs all + things, and that chance and opportunity co-operate with Him. And according + to yet a third view, art has part with them, for surely in a storm it is + well to have a pilot? And the same is true of legislation: even if + circumstances are favourable, a skilful lawgiver is still necessary. 'Most + true.' All artists would pray for certain conditions under which to + exercise their art: and would not the legislator do the same? 'Certainly?' + Come, legislator, let us say to him, and what are the conditions which you + would have? He will answer, Grant me a city which is ruled by a tyrant; + and let the tyrant be young, mindful, teachable, courageous, magnanimous; + and let him have the inseparable condition of all virtue, which is + temperance—not prudence, but that natural temperance which is the + gift of children and animals, and is hardly reckoned among goods—with + this he must be endowed, if the state is to acquire the form most + conducive to happiness in the speediest manner. And I must add one other + condition: the tyrant must be fortunate, and his good fortune must consist + in his having the co-operation of a great legislator. When God has done + all this, He has done the best which He can for a state; not so well if He + has given them two legislators instead of one, and less and less well if + He has given them a great many. An orderly tyranny most easily passes into + the perfect state; in the second degree, a monarchy; in the third degree, + a democracy; an oligarchy is worst of all. 'I do not understand.' I + suppose that you have never seen a city which is subject to a tyranny? 'I + have no desire to see one.' You would have seen what I am describing, if + you ever had. The tyrant can speedily change the manners of a state, and + affix the stamp of praise or blame on any action which he pleases; for the + citizens readily follow the example which he sets. There is no quicker way + of making changes; but there is a counterbalancing difficulty. It is hard + to find the divine love of temperance and justice existing in any powerful + form of government, whether in a monarchy or an oligarchy. In olden days + there were chiefs like Nestor, who was the most eloquent and temperate of + mankind, but there is no one his equal now. If such an one ever arises + among us, blessed will he be, and blessed they who listen to his words. + For where power and wisdom and temperance meet in one, there are the best + laws and constitutions. I am endeavouring to show you how easy under the + conditions supposed, and how difficult under any other, is the task of + giving a city good laws. 'How do you mean?' Let us old men attempt to + mould in words a constitution for your new state, as children make figures + out of wax. 'Proceed. What constitution shall we give—democracy, + oligarchy, or aristocracy?' To which of these classes, Megillus, do you + refer your own state? 'The Spartan constitution seems to me to contain all + these elements. Our state is a democracy and also an aristocracy; the + power of the Ephors is tyrannical, and we have an ancient monarchy.' 'Much + the same,' adds Cleinias, 'may be said of Cnosus.' The reason is that you + have polities, but other states are mere aggregations of men dwelling + together, which are named after their several ruling powers; whereas a + state, if an 'ocracy' at all, should be called a theocracy. A tale of old + will explain my meaning. There is a tradition of a golden age, in which + all things were spontaneous and abundant. Cronos, then lord of the world, + knew that no mortal nature could endure the temptations of power, and + therefore he appointed demons or demi-gods, who are of a superior race, to + have dominion over man, as man has dominion over the animals. They took + care of us with great ease and pleasure to themselves, and no less to us; + and the tradition says that only when God, and not man, is the ruler, can + the human race cease from ill. This was the manner of life which prevailed + under Cronos, and which we must strive to follow so far as the principle + of immortality still abides in us and we live according to law and the + dictates of right reason. But in an oligarchy or democracy, when the + governing principle is athirst for pleasure, the laws are trampled under + foot, and there is no possibility of salvation. Is it not often said that + there are as many forms of laws as there are governments, and that they + have no concern either with any one virtue or with all virtue, but are + relative to the will of the government? Which is as much as to say that + 'might makes right.' 'What do you mean?' I mean that governments enact + their own laws, and that every government makes self-preservation its + principal aim. He who transgresses the laws is regarded as an evil-doer, + and punished accordingly. This was one of the unjust principles of + government which we mentioned when speaking of the different claims to + rule. We were agreed that parents should rule their children, the elder + the younger, the noble the ignoble. But there were also several other + principles, and among them Pindar's 'law of violence.' To whom then is our + state to be entrusted? For many a government is only a victorious faction + which has a monopoly of power, and refuses any share to the conquered, + lest when they get into office they should remember their wrongs. Such + governments are not polities, but parties; nor are any laws good which are + made in the interest of particular classes only, and not of the whole. And + in our state I mean to protest against making any man a ruler because he + is rich, or strong, or noble. But those who are obedient to the laws, and + who win the victory of obedience, shall be promoted to the service of the + Gods according to the degree of their obedience. When I call the ruler the + servant or minister of the law, this is not a mere paradox, but I mean to + say that upon a willingness to obey the law the existence of the state + depends. 'Truly, Stranger, you have a keen vision.' Why, yes; every man + when he is old has his intellectual vision most keen. And now shall we + call in our colonists and make a speech to them? Friends, we say to them, + God holds in His hand the beginning, middle, and end of all things, and He + moves in a straight line towards the accomplishment of His will. Justice + always bears Him company, and punishes those who fall short of His laws. + He who would be happy follows humbly in her train; but he who is lifted up + with pride, or wealth, or honour, or beauty, is soon deserted by God, and, + being deserted, he lives in confusion and disorder. To many he seems a + great man; but in a short time he comes to utter destruction. Wherefore, + seeing these things, what ought we to do or think? 'Every man ought to + follow God.' What life, then, is pleasing to God? There is an old saying + that 'like agrees with like, measure with measure,' and God ought to be + our measure in all things. The temperate man is the friend of God because + he is like Him, and the intemperate man is not His friend, because he is + not like Him. And the conclusion is, that the best of all things for a + good man is to pray and sacrifice to the Gods; but the bad man has a + polluted soul; and therefore his service is wasted upon the Gods, while + the good are accepted of them. I have told you the mark at which we ought + to aim. You will say, How, and with what weapons? In the first place we + affirm, that after the Olympian Gods and the Gods of the state, honour + should be given to the Gods below, and to them should be offered + everything in even numbers and of the second choice; the auspicious odd + numbers and everything of the first choice are reserved for the Gods + above. Next demi-gods or spirits must be honoured, and then heroes, and + after them family gods, who will be worshipped at their local seats + according to law. Further, the honour due to parents should not be + forgotten; children owe all that they have to them, and the debt must be + repaid by kindness and attention in old age. No unbecoming word must be + uttered before them; for there is an avenging angel who hears them when + they are angry, and the child should consider that the parent when he has + been wronged has a right to be angry. After their death let them have a + moderate funeral, such as their fathers have had before them; and there + shall be an annual commemoration of them. Living on this wise, we shall be + accepted of the Gods, and shall pass our days in good hope. The law will + determine all our various duties towards relatives and friends and other + citizens, and the whole state will be happy and prosperous. But if the + legislator would persuade as well as command, he will add prefaces to his + laws which will predispose the citizens to virtue. Even a little + accomplished in the way of gaining the hearts of men is of great value. + For most men are in no particular haste to become good. As Hesiod says: + </p> + <p> + 'Long and steep is the first half of the way to virtue, But when you have + reached the top the rest is easy.' + </p> + <p> + 'Those are excellent words.' Yes; but may I tell you the effect which the + preceding discourse has had upon me? I will express my meaning in an + address to the lawgiver:—O lawgiver, if you know what we ought to do + and say, you can surely tell us;—you are not like the poet, who, as + you were just now saying, does not know the effect of his own words. And + the poet may reply, that when he sits down on the tripod of the Muses he + is not in his right mind, and that being a mere imitator he may be allowed + to say all sorts of opposite things, and cannot tell which of them is + true. But this licence cannot be allowed to the lawgiver. For example, + there are three kinds of funerals; one of them is excessive, another mean, + a third moderate, and you say that the last is right. Now if I had a rich + wife, and she told me to bury her, and I were to sing of her burial, I + should praise the extravagant kind; a poor man would commend a funeral of + the meaner sort, and a man of moderate means would prefer a moderate + funeral. But you, as legislator, would have to say exactly what you meant + by 'moderate.' 'Very true.' And is our lawgiver to have no preamble or + interpretation of his laws, never offering a word of advice to his + subjects, after the manner of some doctors? For of doctors are there not + two kinds? The one gentle and the other rough, doctors who are freemen and + learn themselves and teach their pupils scientifically, and doctor's + assistants who get their knowledge empirically by attending on their + masters? 'Of course there are.' And did you ever observe that the + gentlemen doctors practise upon freemen, and that slave doctors confine + themselves to slaves? The latter go about the country or wait for the + slaves at the dispensaries. They hold no parley with their patients about + their diseases or the remedies of them; they practise by the rule of + thumb, and give their decrees in the most arbitrary manner. When they have + doctored one patient they run off to another, whom they treat with equal + assurance, their duty being to relieve the master of the care of his sick + slaves. But the other doctor, who practises on freemen, proceeds in quite + a different way. He takes counsel with his patient and learns from him, + and never does anything until he has persuaded him of what he is doing. He + trusts to influence rather than force. Now is not the use of both methods + far better than the use of either alone? And both together may be + advantageously employed by us in legislation. + </p> + <p> + We may illustrate our proposal by an example. The laws relating to + marriage naturally come first, and therefore we may begin with them. The + simple law would be as follows:—A man shall marry between the ages + of thirty and thirty-five; if he do not, he shall be fined or deprived of + certain privileges. The double law would add the reason why: Forasmuch as + man desires immortality, which he attains by the procreation of children, + no one should deprive himself of his share in this good. He who obeys the + law is blameless, but he who disobeys must not be a gainer by his + celibacy; and therefore he shall pay a yearly fine, and shall not be + allowed to receive honour from the young. That is an example of what I + call the double law, which may enable us to judge how far the addition of + persuasion to threats is desirable. 'Lacedaemonians in general, Stranger, + are in favour of brevity; in this case, however, I prefer length. But + Cleinias is the real lawgiver, and he ought to be first consulted.' 'Thank + you, Megillus.' Whether words are to be many or few, is a foolish + question:—the best and not the shortest forms are always to be + approved. And legislators have never thought of the advantages which they + might gain by using persuasion as well as force, but trust to force only. + And I have something else to say about the matter. Here have we been from + early dawn until noon, discoursing about laws, and all that we have been + saying is only the preamble of the laws which we are about to give. I tell + you this, because I want you to observe that songs and strains have all of + them preludes, but that laws, though called by the same name (nomoi), have + never any prelude. Now I am disposed to give preludes to laws, dividing + them into two parts—one containing the despotic command, which I + described under the image of the slave doctor—the other the + persuasive part, which I term the preamble. The legislator should give + preludes or preambles to his laws. 'That shall be the way in my colony.' I + am glad that you agree with me; this is a matter which it is important to + remember. A preamble is not always necessary to a law: the lawgiver must + determine when it is needed, as the musician determines when there is to + be a prelude to a song. 'Most true: and now, having a preamble, let us + recommence our discourse.' Enough has been said of Gods and parents, and + we may proceed to consider what relates to the citizens—their souls, + bodies, properties,—their occupations and amusements; and so arrive + at the nature of education. + </p> + <p> + The first word of the Laws somewhat abruptly introduces the thought which + is present to the mind of Plato throughout the work, namely, that Law is + of divine origin. In the words of a great English writer—'Her seat + is the bosom of God, her voice the harmony of the world.' Though the + particular laws of Sparta and Crete had a narrow and imperfect aim, this + is not true of divine laws, which are based upon the principles of human + nature, and not framed to meet the exigencies of the moment. They have + their natural divisions, too, answering to the kinds of virtue; very + unlike the discordant enactments of an Athenian assembly or of an English + Parliament. Yet we may observe two inconsistencies in Plato's treatment of + the subject: first, a lesser, inasmuch as he does not clearly distinguish + the Cretan and Spartan laws, of which the exclusive aim is war, from those + other laws of Zeus and Apollo which are said to be divine, and to + comprehend all virtue. Secondly, we may retort on him his own complaint + against Sparta and Crete, that he has himself given us a code of laws, + which for the most part have a military character; and that we cannot + point to 'obvious examples of similar institutions which are concerned + with pleasure;' at least there is only one such, that which relates to the + regulation of convivial intercourse. The military spirit which is + condemned by him in the beginning of the Laws, reappears in the seventh + and eighth books. + </p> + <p> + The mention of Minos the great lawgiver, and of Rhadamanthus the righteous + administrator of the law, suggests the two divisions of the laws into + enactments and appointments of officers. The legislator and the judge + stand side by side, and their functions cannot be wholly distinguished. + For the judge is in some sort a legislator, at any rate in small matters; + and his decisions growing into precedents, must determine the innumerable + details which arise out of the conflict of circumstances. These Plato + proposes to leave to a younger generation of legislators. The action of + courts of law in making law seems to have escaped him, probably because + the Athenian law-courts were popular assemblies; and, except in a mythical + form, he can hardly be said to have had before his eyes the ideal of a + judge. In reading the Laws of Plato, or any other ancient writing about + Laws, we should consider how gradual the process is by which not only a + legal system, but the administration of a court of law, becomes perfected. + </p> + <p> + There are other subjects on which Plato breaks ground, as his manner is, + early in the work. First, he gives a sketch of the subject of laws; they + are to comprehend the whole of human life, from infancy to age, and from + birth to death, although the proposed plan is far from being regularly + executed in the books which follow, partly owing to the necessity of + describing the constitution as well as the laws of his new colony. + Secondly, he touches on the power of music, which may exercise so great an + influence on the character of men for good or evil; he refers especially + to the great offence—which he mentions again, and which he had + condemned in the Republic—of varying the modes and rhythms, as well + as to that of separating the words from the music. Thirdly, he reprobates + the prevalence of unnatural loves in Sparta and Crete, which he attributes + to the practice of syssitia and gymnastic exercises, and considers to be + almost inseparable from them. To this subject he again returns in the + eighth book. Fourthly, the virtues are affirmed to be inseparable from one + another, even if not absolutely one; this, too, is a principle which he + reasserts at the conclusion of the work. As in the beginnings of Plato's + other writings, we have here several 'notes' struck, which form the + preludes of longer discussions, although the hint is less ingeniously + given, and the promise more imperfectly fulfilled than in the earlier + dialogues. + </p> + <p> + The distinction between ethics and politics has not yet dawned upon + Plato's mind. To him, law is still floating in a region between the two. + He would have desired that all the acts and laws of a state should have + regard to all virtue. But he did not see that politics and law are subject + to their own conditions, and are distinguished from ethics by natural + differences. The actions of which politics take cognisance are necessarily + collective or representative; and law is limited to external acts which + affect others as well as the agents. Ethics, on the other hand, include + the whole duty of man in relation both to himself and others. But Plato + has never reflected on these differences. He fancies that the life of the + state can be as easily fashioned as that of the individual. He is + favourable to a balance of power, but never seems to have considered that + power might be so balanced as to produce an absolute immobility in the + state. Nor is he alive to the evils of confounding vice and crime; or to + the necessity of governments abstaining from excessive interference with + their subjects. + </p> + <p> + Yet this confusion of ethics and politics has also a better and a truer + side. If unable to grasp some important distinctions, Plato is at any rate + seeking to elevate the lower to the higher; he does not pull down the + principles of men to their practice, or narrow the conception of the state + to the immediate necessities of politics. Political ideals of freedom and + equality, of a divine government which has been or will be in some other + age or country, have greatly tended to educate and ennoble the human race. + And if not the first author of such ideals (for they are as old as + Hesiod), Plato has done more than any other writer to impress them on the + world. To those who censure his idealism we may reply in his own words—'He + is not the worse painter who draws a perfectly beautiful figure, because + no such figure of a man could ever have existed' (Republic). + </p> + <p> + A new thought about education suddenly occurs to him, and for a time + exercises a sort of fascination over his mind, though in the later books + of the Laws it is forgotten or overlooked. As true courage is allied to + temperance, so there must be an education which shall train mankind to + resist pleasure as well as to endure pain. No one can be on his guard + against that of which he has no experience. The perfectly trained citizen + should have been accustomed to look his enemy in the face, and to measure + his strength against her. This education in pleasure is to be given, + partly by festive intercourse, but chiefly by the song and dance. Youth + are to learn music and gymnastics; their elders are to be trained and + tested at drinking parties. According to the old proverb, in vino veritas, + they will then be open and visible to the world in their true characters; + and also they will be more amenable to the laws, and more easily moulded + by the hand of the legislator. The first reason is curious enough, though + not important; the second can hardly be thought deserving of much + attention. Yet if Plato means to say that society is one of the principal + instruments of education in after-life, he has expressed in an obscure + fashion a principle which is true, and to his contemporaries was also new. + That at a banquet a degree of moral discipline might be exercised is an + original thought, but Plato has not yet learnt to express his meaning in + an abstract form. He is sensible that moderation is better than total + abstinence, and that asceticism is but a one-sided training. He makes the + sagacious remark, that 'those who are able to resist pleasure may often be + among the worst of mankind.' He is as much aware as any modern utilitarian + that the love of pleasure is the great motive of human action. This cannot + be eradicated, and must therefore be regulated,—the pleasure must be + of the right sort. Such reflections seem to be the real, though + imperfectly expressed, groundwork of the discussion. As in the + juxtaposition of the Bacchic madness and the great gift of Dionysus, or + where he speaks of the different senses in which pleasure is and is not + the object of imitative art, or in the illustration of the failure of the + Dorian institutions from the prayer of Theseus, we have to gather his + meaning as well as we can from the connexion. + </p> + <p> + The feeling of old age is discernible in this as well as in several other + passages of the Laws. Plato has arrived at the time when men sit still and + look on at life; and he is willing to allow himself and others the few + pleasures which remain to them. Wine is to cheer them now that their limbs + are old and their blood runs cold. They are the best critics of dancing + and music, but cannot be induced to join in song unless they have been + enlivened by drinking. Youth has no need of the stimulus of wine, but age + can only be made young again by its invigorating influence. Total + abstinence for the young, moderate and increasing potations for the old, + is Plato's principle. The fire, of which there is too much in the one, has + to be brought to the other. Drunkenness, like madness, had a sacredness + and mystery to the Greek; if, on the one hand, as in the case of the + Tarentines, it degraded a whole population, it was also a mode of + worshipping the god Dionysus, which was to be practised on certain + occasions. Moreover, the intoxication produced by the fruit of the vine + was very different from the grosser forms of drunkenness which prevail + among some modern nations. + </p> + <p> + The physician in modern times would restrict the old man's use of wine + within narrow limits. He would tell us that you cannot restore strength by + a stimulus. Wine may call back the vital powers in disease, but cannot + reinvigorate old age. In his maxims of health and longevity, though aware + of the importance of a simple diet, Plato has omitted to dwell on the + perfect rule of moderation. His commendation of wine is probably a passing + fancy, and may have arisen out of his own habits or tastes. If so, he is + not the only philosopher whose theory has been based upon his practice. + </p> + <p> + Plato's denial of wine to the young and his approval of it for their + elders has some points of view which may be illustrated by the temperance + controversy of our own times. Wine may be allowed to have a religious as + well as a festive use; it is commended both in the Old and New Testament; + it has been sung of by nearly all poets; and it may be truly said to have + a healing influence both on body and mind. Yet it is also very liable to + excess and abuse, and for this reason is prohibited by Mahometans, as well + as of late years by many Christians, no less than by the ancient Spartans; + and to sound its praises seriously seems to partake of the nature of a + paradox. But we may rejoin with Plato that the abuse of a good thing does + not take away the use of it. Total abstinence, as we often say, is not the + best rule, but moderate indulgence; and it is probably true that a + temperate use of wine may contribute some elements of character to social + life which we can ill afford to lose. It draws men out of their reserve; + it helps them to forget themselves and to appear as they by nature are + when not on their guard, and therefore to make them more human and greater + friends to their fellow-men. It gives them a new experience; it teaches + them to combine self-control with a measure of indulgence; it may + sometimes restore to them the simplicity of childhood. We entirely agree + with Plato in forbidding the use of wine to the young; but when we are of + mature age there are occasions on which we derive refreshment and strength + from moderate potations. It is well to make abstinence the rule, but the + rule may sometimes admit of an exception. We are in a higher, as well as + in a lower sense, the better for the use of wine. The question runs up + into wider ones—What is the general effect of asceticism on human + nature? and, Must there not be a certain proportion between the + aspirations of man and his powers?—questions which have been often + discussed both by ancient and modern philosophers. So by comparing things + old and new we may sometimes help to realize to ourselves the meaning of + Plato in the altered circumstances of our own life. + </p> + <p> + Like the importance which he attaches to festive entertainments, his + depreciation of courage to the fourth place in the scale of virtue appears + to be somewhat rhetorical and exaggerated. But he is speaking of courage + in the lower sense of the term, not as including loyalty or temperance. He + does not insist in this passage, as in the Protagoras, on the unity of the + virtues; or, as in the Laches, on the identity of wisdom and courage. But + he says that they all depend upon their leader mind, and that, out of the + union of wisdom and temperance with courage, springs justice. Elsewhere he + is disposed to regard temperance rather as a condition of all virtue than + as a particular virtue. He generalizes temperance, as in the Republic he + generalizes justice. The nature of the virtues is to run up into one + another, and in many passages Plato makes but a faint effort to + distinguish them. He still quotes the poets, somewhat enlarging, as his + manner is, or playing with their meaning. The martial poet Tyrtaeus, and + the oligarch Theognis, furnish him with happy illustrations of the two + sorts of courage. The fear of fear, the division of goods into human and + divine, the acknowledgment that peace and reconciliation are better than + the appeal to the sword, the analysis of temperance into resistance of + pleasure as well as endurance of pain, the distinction between the + education which is suitable for a trade or profession, and for the whole + of life, are important and probably new ethical conceptions. Nor has Plato + forgotten his old paradox (Gorgias) that to be punished is better than to + be unpunished, when he says, that to the bad man death is the only + mitigation of his evil. He is not less ideal in many passages of the Laws + than in the Gorgias or Republic. But his wings are heavy, and he is + unequal to any sustained flight. + </p> + <p> + There is more attempt at dramatic effect in the first book than in the + later parts of the work. The outburst of martial spirit in the + Lacedaemonian, 'O best of men'; the protest which the Cretan makes against + the supposed insult to his lawgiver; the cordial acknowledgment on the + part of both of them that laws should not be discussed publicly by those + who live under their rule; the difficulty which they alike experience in + following the speculations of the Athenian, are highly characteristic. + </p> + <p> + In the second book, Plato pursues further his notion of educating by a + right use of pleasure. He begins by conceiving an endless power of + youthful life, which is to be reduced to rule and measure by harmony and + rhythm. Men differ from the lower animals in that they are capable of + musical discipline. But music, like all art, must be truly imitative, and + imitative of what is true and good. Art and morality agree in rejecting + pleasure as the criterion of good. True art is inseparable from the + highest and most ennobling ideas. Plato only recognizes the identity of + pleasure and good when the pleasure is of the higher kind. He is the enemy + of 'songs without words,' which he supposes to have some confusing or + enervating effect on the mind of the hearer; and he is also opposed to the + modern degeneracy of the drama, which he would probably have illustrated, + like Aristophanes, from Euripides and Agathon. From this passage may be + gathered a more perfect conception of art than from any other of Plato's + writings. He understands that art is at once imitative and ideal, an exact + representation of truth, and also a representation of the highest truth. + The same double view of art may be gathered from a comparison of the third + and tenth books of the Republic, but is here more clearly and pointedly + expressed. + </p> + <p> + We are inclined to suspect that both here and in the Republic Plato + exaggerates the influence really exercised by the song and the dance. But + we must remember also the susceptible nature of the Greek, and the + perfection to which these arts were carried by him. Further, the music had + a sacred and Pythagorean character; the dance too was part of a religious + festival. And only at such festivals the sexes mingled in public, and the + youths passed under the eyes of their elders. + </p> + <p> + At the beginning of the third book, Plato abruptly asks the question, What + is the origin of states? The answer is, Infinite time. We have already + seen—in the Theaetetus, where he supposes that in the course of ages + every man has had numberless progenitors, kings and slaves, Greeks and + barbarians; and in the Critias, where he says that nine thousand years + have elapsed since the island of Atlantis fought with Athens—that + Plato is no stranger to the conception of long periods of time. He + imagines human society to have been interrupted by natural convulsions; + and beginning from the last of these, he traces the steps by which the + family has grown into the state, and the original scattered society, + becoming more and more civilised, has finally passed into military + organizations like those of Crete and Sparta. His conception of the origin + of states is far truer in the Laws than in the Republic; but it must be + remembered that here he is giving an historical, there an ideal picture of + the growth of society. + </p> + <p> + Modern enquirers, like Plato, have found in infinite ages the explanation + not only of states, but of languages, men, animals, the world itself; like + him, also, they have detected in later institutions the vestiges of a + patriarchal state still surviving. Thus far Plato speaks as 'the spectator + of all time and all existence,' who may be thought by some divine instinct + to have guessed at truths which were hereafter to be revealed. He is far + above the vulgar notion that Hellas is the civilized world (Statesman), or + that civilization only began when the Hellenes appeared on the scene. But + he has no special knowledge of 'the days before the flood'; and when he + approaches more historical times, in preparing the way for his own theory + of mixed government, he argues partially and erroneously. He is desirous + of showing that unlimited power is ruinous to any state, and hence he is + led to attribute a tyrannical spirit to the first Dorian kings. The decay + of Argos and the destruction of Messene are adduced by him as a manifest + proof of their failure; and Sparta, he thinks, was only preserved by the + limitations which the wisdom of successive legislators introduced into the + government. But there is no more reason to suppose that the Dorian rule of + life which was followed at Sparta ever prevailed in Argos and Messene, + than to assume that Dorian institutions were framed to protect the Greeks + against the power of Assyria; or that the empire of Assyria was in any way + affected by the Trojan war; or that the return of the Heraclidae was only + the return of Achaean exiles, who received a new name from their leader + Dorieus. Such fancies were chiefly based, as far as they had any + foundation, on the use of analogy, which played a great part in the dawn + of historical and geographical research. Because there was a Persian + empire which was the natural enemy of the Greek, there must also have been + an Assyrian empire, which had a similar hostility; and not only the fable + of the island of Atlantis, but the Trojan war, in Plato's mind derived + some features from the Persian struggle. So Herodotus makes the Nile + answer to the Ister, and the valley of the Nile to the Red Sea. In the + Republic, Plato is flying in the air regardless of fact and possibility—in + the Laws, he is making history by analogy. In the former, he appears to be + like some modern philosophers, absolutely devoid of historical sense; in + the latter, he is on a level, not with Thucydides, or the critical + historians of Greece, but with Herodotus, or even with Ctesias. + </p> + <p> + The chief object of Plato in tracing the origin of society is to show the + point at which regular government superseded the patriarchical authority, + and the separate customs of different families were systematized by + legislators, and took the form of laws consented to by them all. According + to Plato, the only sound principle on which any government could be based + was a mixture or balance of power. The balance of power saved Sparta, when + the two other Heraclid states fell into disorder. Here is probably the + first trace of a political idea, which has exercised a vast influence both + in ancient and modern times. And yet we might fairly ask, a little + parodying the language of Plato—O legislator, is unanimity only 'the + struggle for existence'; or is the balance of powers in a state better + than the harmony of them? + </p> + <p> + In the fourth book we approach the realities of politics, and Plato begins + to ascend to the height of his great argument. The reign of Cronos has + passed away, and various forms of government have succeeded, which are all + based on self-interest and self-preservation. Right and wrong, instead of + being measured by the will of God, are created by the law of the state. + The strongest assertions are made of the purely spiritual nature of + religion—'Without holiness no man is accepted of God'; and of the + duty of filial obedience,—'Honour thy parents.' The legislator must + teach these precepts as well as command them. He is to be the educator as + well as the lawgiver of future ages, and his laws are themselves to form a + part of the education of the state. Unlike the poet, he must be definite + and rational; he cannot be allowed to say one thing at one time, and + another thing at another—he must know what he is about. And yet + legislation has a poetical or rhetorical element, and must find words + which will wing their way to the hearts of men. Laws must be promulgated + before they are put in execution, and mankind must be reasoned with before + they are punished. The legislator, when he promulgates a particular law, + will courteously entreat those who are willing to hear his voice. Upon the + rebellious only does the heavy blow descend. A sermon and a law in one, + blending the secular punishment with the religious sanction, appeared to + Plato a new idea which might have a great result in reforming the world. + The experiment had never been tried of reasoning with mankind; the laws of + others had never had any preambles, and Plato seems to have great pleasure + in contemplating his discovery. + </p> + <p> + In these quaint forms of thought and language, great principles of morals + and legislation are enunciated by him for the first time. They all go back + to mind and God, who holds the beginning, middle, and end of all things in + His hand. The adjustment of the divine and human elements in the world is + conceived in the spirit of modern popular philosophy, differing not much + in the mode of expression. At first sight the legislator appears to be + impotent, for all things are the sport of chance. But we admit also that + God governs all things, and that chance and opportunity co-operate with + Him (compare the saying, that chance is the name of the unknown cause). + Lastly, while we acknowledge that God and chance govern mankind and + provide the conditions of human action, experience will not allow us to + deny a place to art. We know that there is a use in having a pilot, though + the storm may overwhelm him; and a legislator is required to provide for + the happiness of a state, although he will pray for favourable conditions + under which he may exercise his art. + </p> + <p> + BOOK V. Hear now, all ye who heard the laws about Gods and ancestors: Of + all human possessions the soul is most divine, and most truly a man's own. + For in every man there are two parts—a better which rules, and an + inferior which serves; and the ruler is to be preferred to the servant. + Wherefore I bid every one next after the Gods to honour his own soul, and + he can only honour her by making her better. A man does not honour his + soul by flattery, or gifts, or self-indulgence, or conceit of knowledge, + nor when he blames others for his own errors; nor when he indulges in + pleasure or refuses to bear pain; nor when he thinks that life at any + price is a good, because he fears the world below, which, far from being + an evil, may be the greatest good; nor when he prefers beauty to virtue—not + reflecting that the soul, which came from heaven, is more honourable than + the body, which is earth-born; nor when he covets dishonest gains, of + which no amount is equal in value to virtue;—in a word, when he + counts that which the legislator pronounces evil to be good, he degrades + his soul, which is the divinest part of him. He does not consider that the + real punishment of evil-doing is to grow like evil men, and to shun the + conversation of the good: and that he who is joined to such men must do + and suffer what they by nature do and say to one another, which suffering + is not justice but retribution. For justice is noble, but retribution is + only the companion of injustice. And whether a man escapes punishment or + not, he is equally miserable; for in the one case he is not cured, and in + the other case he perishes that the rest may be saved. + </p> + <p> + The glory of man is to follow the better and improve the inferior. And the + soul is that part of man which is most inclined to avoid the evil and + dwell with the good. Wherefore also the soul is second only to the Gods in + honour, and in the third place the body is to be esteemed, which often has + a false honour. For honour is not to be given to the fair or the strong, + or the swift or the tall, or to the healthy, any more than to their + opposites, but to the mean states of all these habits; and so of property + and external goods. No man should heap up riches that he may leave them to + his children. The best condition for them as for the state is a middle + one, in which there is a freedom without luxury. And the best inheritance + of children is modesty. But modesty cannot be implanted by admonition only—the + elders must set the example. He who would train the young must first train + himself. + </p> + <p> + He who honours his kindred and family may fairly expect that the Gods will + give him children. He who would have friends must think much of their + favours to him, and little of his to them. He who prefers to an Olympic, + or any other victory, to win the palm of obedience to the laws, serves + best both the state and his fellow-citizens. Engagements with strangers + are to be deemed most sacred, because the stranger, having neither kindred + nor friends, is immediately under the protection of Zeus, the God of + strangers. A prudent man will not sin against the stranger; and still more + carefully will he avoid sinning against the suppliant, which is an offence + never passed over by the Gods. + </p> + <p> + I will now speak of those particulars which are matters of praise and + blame only, and which, although not enforced by the law, greatly affect + the disposition to obey the law. Truth has the first place among the gifts + of Gods and men, for truth begets trust; but he is not to be trusted who + loves voluntary falsehood, and he who loves involuntary falsehood is a + fool. Neither the ignorant nor the untrustworthy man is happy; for they + have no friends in life, and die unlamented and untended. Good is he who + does no injustice—better who prevents others from doing any—best + of all who joins the rulers in punishing injustice. And this is true of + goods and virtues in general; he who has and communicates them to others + is the man of men; he who would, if he could, is second-best; he who has + them and is jealous of imparting them to others is to be blamed, but the + good or virtue which he has is to be valued still. Let every man contend + in the race without envy; for the unenvious man increases the strength of + the city; himself foremost in the race, he harms no one with calumny. + Whereas the envious man is weak himself, and drives his rivals to despair + with his slanders, thus depriving the whole city of incentives to the + exercise of virtue, and tarnishing her glory. Every man should be gentle, + but also passionate; for he must have the spirit to fight against + incurable and malignant evil. But the evil which is remediable should be + dealt with more in sorrow than anger. He who is unjust is to be pitied in + any case; for no man voluntarily does evil or allows evil to exist in his + soul. And therefore he who deals with the curable sort must be + long-suffering and forbearing; but the incurable shall have the vials of + our wrath poured out upon him. The greatest of all evils is self-love, + which is thought to be natural and excusable, and is enforced as a duty, + and yet is the cause of many errors. The lover is blinded about the + beloved, and prefers his own interests to truth and right; but the truly + great man seeks justice before all things. Self-love is the source of that + ignorant conceit of knowledge which is always doing and never succeeding. + Wherefore let every man avoid self-love, and follow the guidance of those + who are better than himself. There are lesser matters which a man should + recall to mind; for wisdom is like a stream, ever flowing in and out, and + recollection flows in when knowledge is failing. Let no man either laugh + or grieve overmuch; but let him control his feelings in the day of good- + or ill-fortune, believing that the Gods will diminish the evils and + increase the blessings of the righteous. These are thoughts which should + ever occupy a good man's mind; he should remember them both in lighter and + in more serious hours, and remind others of them. + </p> + <p> + So much of divine matters and the relation of man to God. But man is man, + and dependent on pleasure and pain; and therefore to acquire a true taste + respecting either is a great matter. And what is a true taste? This can + only be explained by a comparison of one life with another. Pleasure is an + object of desire, pain of avoidance; and the absence of pain is to be + preferred to pain, but not to pleasure. There are infinite kinds and + degrees of both of them, and we choose the life which has more pleasure + and avoid that which has less; but we do not choose that life in which the + elements of pleasure are either feeble or equally balanced with pain. All + the lives which we desire are pleasant; the choice of any others is due to + inexperience. + </p> + <p> + Now there are four lives—the temperate, the rational, the + courageous, the healthful; and to these let us oppose four others—the + intemperate, the foolish, the cowardly, the diseased. The temperate life + has gentle pains and pleasures and placid desires, the intemperate life + has violent delights, and still more violent desires. And the pleasures of + the temperate exceed the pains, while the pains of the intemperate exceed + the pleasures. But if this is true, none are voluntarily intemperate, but + all who lack temperance are either ignorant or wanting in self-control: + for men always choose the life which (as they think) exceeds in pleasure. + The wise, the healthful, the courageous life have a similar advantage—they + also exceed their opposites in pleasure. And, generally speaking, the life + of virtue is far more pleasurable and honourable, fairer and happier far, + than the life of vice. Let this be the preamble of our laws; the strain + will follow. + </p> + <p> + As in a web the warp is stronger than the woof, so should the rulers be + stronger than their half-educated subjects. Let us suppose, then, that in + the constitution of a state there are two parts, the appointment of the + rulers, and the laws which they have to administer. But, before going + further, there are some preliminary matters which have to be considered. + </p> + <p> + As of animals, so also of men, a selection must be made; the bad breed + must be got rid of, and the good retained. The legislator must purify + them, and if he be not a despot he will find this task to be a difficult + one. The severer kinds of purification are practised when great offenders + are punished by death or exile, but there is a milder process which is + necessary when the poor show a disposition to attack the property of the + rich, for then the legislator will send them off to another land, under + the name of a colony. In our case, however, we shall only need to purify + the streams before they meet. This is often a troublesome business, but in + theory we may suppose the operation performed, and the desired purity + attained. Evil men we will hinder from coming, and receive the good as + friends. + </p> + <p> + Like the old Heraclid colony, we are fortunate in escaping the abolition + of debts and the distribution of land, which are difficult and dangerous + questions. But, perhaps, now that we are speaking of the subject, we ought + to say how, if the danger existed, the legislator should try to avert it. + He would have recourse to prayers, and trust to the healing influence of + time. He would create a kindly spirit between creditors and debtors: those + who have should give to those who have not, and poverty should be held to + be rather the increase of a man's desires than the diminution of his + property. Good-will is the only safe and enduring foundation of the + political society; and upon this our city shall be built. The lawgiver, if + he is wise, will not proceed with the arrangement of the state until all + disputes about property are settled. And for him to introduce fresh + grounds of quarrel would be madness. + </p> + <p> + Let us now proceed to the distribution of our state, and determine the + size of the territory and the number of the allotments. The territory + should be sufficient to maintain the citizens in moderation, and the + population should be numerous enough to defend themselves, and sometimes + to aid their neighbours. We will fix the number of citizens at 5040, to + which the number of houses and portions of land shall correspond. Let the + number be divided into two parts and then into three; for it is very + convenient for the purposes of distribution, and is capable of fifty-nine + divisions, ten of which proceed without interval from one to ten. Here are + numbers enough for war and peace, and for all contracts and dealings. + These properties of numbers are true, and should be ascertained with a + view to use. + </p> + <p> + In carrying out the distribution of the land, a prudent legislator will be + careful to respect any provision for religious worship which has been + sanctioned by ancient tradition or by the oracles of Delphi, Dodona, or + Ammon. All sacrifices, and altars, and temples, whatever may be their + origin, should remain as they are. Every division should have a patron God + or hero; to these a portion of the domain should be appropriated, and at + their temples the inhabitants of the districts should meet together from + time to time, for the sake of mutual help and friendship. All the citizens + of a state should be known to one another; for where men are in the dark + about each other's characters, there can be no justice or right + administration. Every man should be true and single-minded, and should not + allow himself to be deceived by others. + </p> + <p> + And now the game opens, and we begin to move the pieces. At first sight, + our constitution may appear singular and ill-adapted to a legislator who + has not despotic power; but on second thoughts will be deemed to be, if + not the very best, the second best. For there are three forms of + government, a first, a second, and a third best, out of which Cleinias has + now to choose. The first and highest form is that in which friends have + all things in common, including wives and property,—in which they + have common fears, hopes, desires, and do not even call their eyes or + their hands their own. This is the ideal state; than which there never can + be a truer or better—a state, whether inhabited by Gods or sons of + Gods, which will make the dwellers therein blessed. Here is the pattern on + which we must ever fix our eyes; but we are now concerned with another, + which comes next to it, and we will afterwards proceed to a third. + </p> + <p> + Inasmuch as our citizens are not fitted either by nature or education to + receive the saying, Friends have all things in common, let them retain + their houses and private property, but use them in the service of their + country, who is their God and parent, and of the Gods and demigods of the + land. Their first care should be to preserve the number of their lots. + This may be secured in the following manner: when the possessor of a lot + dies, he shall leave his lot to his best-beloved child, who will become + the heir of all duties and interests, and will minister to the Gods and to + the family, to the living and to the dead. Of the remaining children, the + females must be given in marriage according to the law to be hereafter + enacted; the males may be assigned to citizens who have no children of + their own. How to equalize families and allotments will be one of the + chief cares of the guardians of the laws. When parents have too many + children they may give to those who have none, or couples may abstain from + having children, or, if there is a want of offspring, special care may be + taken to obtain them; or if the number of citizens becomes excessive, we + may send away the surplus to found a colony. If, on the other hand, a war + or plague diminishes the number of inhabitants, new citizens must be + introduced; and these ought not, if possible, to be men of low birth or + inferior training; but even God, it is said, cannot always fight against + necessity. + </p> + <p> + Wherefore we will thus address our citizens:—Good friends, honour + order and equality, and above all the number 5040. Secondly, respect the + original division of the lots, which must not be infringed by buying and + selling, for the law says that the land which a man has is sacred and is + given to him by God. And priests and priestesses will offer frequent + sacrifices and pray that he who alienates either house or lot may receive + the punishment which he deserves, and their prayers shall be inscribed on + tablets of cypress-wood for the instruction of posterity. The guardians + will keep a vigilant watch over the citizens, and they will punish those + who disobey God and the law. + </p> + <p> + To appreciate the benefit of such an institution a man requires to be well + educated; for he certainly will not make a fortune in our state, in which + all illiberal occupations are forbidden to freemen. The law also provides + that no private person shall have gold or silver, except a little coin for + daily use, which will not pass current in other countries. The state must + also possess a common Hellenic currency, but this is only to be used in + defraying the expenses of expeditions, or of embassies, or while a man is + on foreign travels; but in the latter case he must deliver up what is + over, when he comes back, to the treasury in return for an equal amount of + local currency, on pain of losing the sum in question; and he who does not + inform against an offender is to be mulcted in a like sum. No money is to + be given or taken as a dowry, or to be lent on interest. The law will not + protect a man in recovering either interest or principal. All these + regulations imply that the aim of the legislator is not to make the city + as rich or as mighty as possible, but the best and happiest. Now men can + hardly be at the same time very virtuous and very rich. And why? Because + he who makes twice as much and saves twice as much as he ought, receiving + where he ought not and not spending where he ought, will be at least twice + as rich as he who makes money where he ought, and spends where he ought. + On the other hand, an utterly bad man is generally profligate and poor, + while he who acquires honestly, and spends what he acquires on noble + objects, can hardly be very rich. A very rich man is therefore not a good + man, and therefore not a happy one. But the object of our laws is to make + the citizens as friendly and happy as possible, which they cannot be if + they are always at law and injuring each other in the pursuit of gain. And + therefore we say that there is to be no silver or gold in the state, nor + usury, nor the rearing of the meaner kinds of live-stock, but only + agriculture, and only so much of this as will not lead men to neglect that + for the sake of which money is made, first the soul and afterwards the + body; neither of which are good for much without music and gymnastic. + Money is to be held in honour last or third; the highest interests being + those of the soul, and in the second class are to be ranked those of the + body. This is the true order of legislation, which would be inverted by + placing health before temperance, and wealth before health. + </p> + <p> + It might be well if every man could come to the colony having equal + property; but equality is impossible, and therefore we must avoid causes + of offence by having property valued and by equalizing taxation. To this + end, let us make four classes in which the citizens may be placed + according to the measure of their original property, and the changes of + their fortune. The greatest of evils is revolution; and this, as the law + will say, is caused by extremes of poverty or wealth. The limit of poverty + shall be the lot, which must not be diminished, and may be increased + fivefold, but not more. He who exceeds the limit must give up the excess + to the state; but if he does not, and is informed against, the surplus + shall be divided between the informer and the Gods, and he shall pay a sum + equal to the surplus out Of his own property. All property other than the + lot must be inscribed in a register, so that any disputes which arise may + be easily determined. + </p> + <p> + The city shall be placed in a suitable situation, as nearly as possible in + the centre of the country, and shall be divided into twelve wards. First, + we will erect an acropolis, encircled by a wall, within which shall be + placed the temples of Hestia, and Zeus, and Athene. From this shall be + drawn lines dividing the city, and also the country, into twelve sections, + and the country shall be subdivided into 5040 lots. Each lot shall contain + two parts, one at a distance, the other near the city; and the distance of + one part shall be compensated by the nearness of the other, the badness + and goodness by the greater or less size. Twelve lots will be assigned to + twelve Gods, and they will give their names to the tribes. The divisions + of the city shall correspond to those of the country; and every man shall + have two habitations, one near the centre of the country, the other at the + extremity. + </p> + <p> + The objection will naturally arise, that all the advantages of which we + have been speaking will never concur. The citizens will not tolerate a + settlement in which they are deprived of gold and silver, and have the + number of their families regulated, and the sites of their houses fixed by + law. It will be said that our city is a mere image of wax. And the + legislator will answer: 'I know it, but I maintain that we ought to set + forth an ideal which is as perfect as possible. If difficulties arise in + the execution of the plan, we must avoid them and carry out the remainder. + But the legislator must first be allowed to complete his idea without + interruption.' + </p> + <p> + The number twelve, which we have chosen for the number of division, must + run through all parts of the state,—phratries, villages, ranks of + soldiers, coins, and measures wet and dry, which are all to be made + commensurable with one another. There is no meanness in requiring that the + smallest vessels should have a common measure; for the divisions of number + are useful in measuring height and depth, as well as sounds and motions, + upwards or downwards, or round and round. The legislator should impress on + his citizens the value of arithmetic. No instrument of education has so + much power; nothing more tends to sharpen and inspire the dull intellect. + But the legislator must be careful to instil a noble and generous spirit + into the students, or they will tend to become cunning rather than wise. + This may be proved by the example of the Egyptians and Phoenicians, who, + notwithstanding their knowledge of arithmetic, are degraded in their + general character; whether this defect in them is due to some natural + cause or to a bad legislator. For it is clear that there are great + differences in the power of regions to produce good men: heat and cold, + and water and food, have great effects both on body and soul; and those + spots are peculiarly fortunate in which the air is holy, and the Gods are + pleased to dwell. To all this the legislator must attend, so far as in him + lies. + </p> + <p> + BOOK VI. And now we are about to consider (1) the appointment of + magistrates; (2) the laws which they will have to administer must be + determined. I may observe by the way that laws, however good, are useless + and even injurious unless the magistrates are capable of executing them. + And therefore (1) the intended rulers of our imaginary state should be + tested from their youth upwards until the time of their election; and (2) + those who are to elect them ought to be trained in habits of law, that + they may form a right judgment of good and bad men. But uneducated + colonists, who are unacquainted with each other, will not be likely to + choose well. What, then, shall we do? I will tell you: The colony will + have to be intrusted to the ten commissioners, of whom you are one, and I + will help you and them, which is my reason for inventing this romance. And + I cannot bear that the tale should go wandering about the world without a + head,—it will be such an ugly monster. 'Very good.' Yes; and I will + be as good as my word, if God be gracious and old age permit. But let us + not forget what a courageously mad creation this our city is. 'What makes + you say so?' Why, surely our courage is shown in imagining that the new + colonists will quietly receive our laws? For no man likes to receive laws + when they are first imposed: could we only wait until those who had been + educated under them were grown up, and of an age to vote in the public + elections, there would be far greater reason to expect permanence in our + institutions. 'Very true.' The Cnosian founders should take the utmost + pains in the matter of the colony, and in the election of the higher + officers, particularly of the guardians of the law. The latter should be + appointed in this way: The Cnosians, who take the lead in the colony, + together with the colonists, will choose thirty-seven persons, of whom + nineteen will be colonists, and the remaining eighteen Cnosians—you + must be one of the eighteen yourself, and become a citizen of the new + state. 'Why do not you and Megillus join us?' Athens is proud, and Sparta + too; and they are both a long way off. But let me proceed with my scheme. + When the state is permanently established, the mode of election will be as + follows: All who are serving, or have served, in the army will be + electors; and the election will be held in the most sacred of the temples. + The voter will place on the altar a tablet, inscribing thereupon the name + of the candidate whom he prefers, and of his father, tribe, and ward, + writing at the side of them his own name in like manner; and he may take + away any tablet which does not appear written to his mind, and place it in + the Agora for thirty days. The 300 who obtain the greatest number of votes + will be publicly announced, and out of them there will be a second + election of 100; and out of the 100 a third and final election of + thirty-seven, accompanied by the solemnity of the electors passing through + victims. But then who is to arrange all this? There is a common saying, + that the beginning is half the whole; and I should say a good deal more + than half. 'Most true.' The only way of making a beginning is from the + parent city; and though in after ages the tie may be broken, and quarrels + may arise between them, yet in early days the child naturally looks to the + mother for care and education. And, as I said before, the Cnosians ought + to take an interest in the colony, and select 100 elders of their own + citizens, to whom shall be added 100 of the colonists, to arrange and + supervise the first elections and scrutinies; and when the colony has been + started, the Cnosians may return home and leave the colonists to + themselves. + </p> + <p> + The thirty-seven magistrates who have been elected in the manner + described, shall have the following duties: first, they shall be guardians + of the law; secondly, of the registers of property in the four classes—not + including the one, two, three, four minae, which are allowed as a surplus. + He who is found to possess what is not entered in the registers, in + addition to the confiscation of such property shall be proceeded against + by law, and if he be cast he shall lose his share in the public property + and in distributions of money; and his sentence shall be inscribed in some + public place. The guardians are to continue in office twenty years only, + and to commence holding office at fifty years, or if elected at sixty they + are not to remain after seventy. + </p> + <p> + Generals have now to be elected, and commanders of horse and brigadiers of + foot. The generals shall be natives of the city, proposed by the guardians + of the law, and elected by those who are or have been of the age for + military service. Any one may challenge the person nominated and start + another candidate, whom he affirms upon oath to be better qualified. The + three who obtain the greatest number of votes shall be elected. The + generals thus elected shall propose the taxiarchs or brigadiers, and the + challenge may be made, and the voting shall take place, in the same manner + as before. The elective assembly will be presided over in the first + instance, and until the prytanes and council come into being, by the + guardians of the law in some holy place; and they shall divide the + citizens into three divisions,—hoplites, cavalry, and the rest of + the army—placing each of them by itself. All are to vote for + generals and cavalry officers. The brigadiers are to be voted for only by + the hoplites. Next, the cavalry are to choose phylarchs for the generals; + but captains of archers and other irregular troops are to be appointed by + the generals themselves. The cavalry-officers shall be proposed and voted + upon by the same persons who vote for the generals. The two who have the + greatest number of votes shall be leaders of all the horse. Disputes about + the voting may be raised once or twice, but, if a third time, the + presiding officers shall decide. + </p> + <p> + The council shall consist of 360, who may be conveniently divided into + four sections, making ninety councillors of each class. In the first + place, all the citizens shall select candidates from the first class; and + they shall be compelled to vote under pain of a fine. This shall be the + business of the first day. On the second day a similar selection shall be + made from the second class under the same conditions. On the third day, + candidates shall be selected from the third class; but the compulsion to + vote shall only extend to the voters of the first three classes. On the + fourth day, members of the council shall be selected from the fourth + class; they shall be selected by all, but the compulsion to vote shall + only extend to the second class, who, if they do not vote, shall pay a + fine of triple the amount which was exacted at first, and to the first + class, who shall pay a quadruple fine. On the fifth day, the names shall + be exhibited, and out of them shall be chosen by all the citizens 180 of + each class: these are severally to be reduced by lot to ninety, and 90 x 4 + will form the council for the year. + </p> + <p> + The mode of election which has been described is a mean between monarchy + and democracy, and such a mean should ever be observed in the state. For + servants and masters cannot be friends, and, although equality makes + friendship, we must remember that there are two sorts of equality. One of + them is the rule of number and measure; but there is also a higher + equality, which is the judgment of Zeus. Of this he grants but little to + mortal men; yet that little is the source of the greatest good to cities + and individuals. It is proportioned to the nature of each man; it gives + more to the better and less to the inferior, and is the true political + justice; to this we in our state desire to look, as every legislator + should, not to the interests either of tyrants or mobs. But justice cannot + always be strictly enforced, and then equity and mercy have to be + substituted: and for a similar reason, when true justice will not be + endured, we must have recourse to the rougher justice of the lot, which + God must be entreated to guide. + </p> + <p> + These are the principal means of preserving the state, but perpetual care + will also be required. When a ship is sailing on the sea, vigilance must + not be relaxed night or day; and the vessel of state is tossing in a + political sea, and therefore watch must continually succeed watch, and + rulers must join hands with rulers. A small body will best perform this + duty, and therefore the greater part of the 360 senators may be permitted + to go and manage their own affairs, but a twelfth portion must be set + aside in each month for the administration of the state. Their business + will be to receive information and answer embassies; also they must + endeavour to prevent or heal internal disorders; and with this object they + must have the control of all assemblies of the citizens. + </p> + <p> + Besides the council, there must be wardens of the city and of the agora, + who will superintend houses, ways, harbours, markets, and fountains, in + the city and the suburbs, and prevent any injury being done to them by man + or beast. The temples, also, will require priests and priestesses. Those + who hold the priestly office by hereditary tenure shall not be disturbed; + but as there will probably be few or none such in a new colony, priests + and priestesses shall be appointed for the Gods who have no servants. Some + of these officers shall be elected by vote, some by lot; and all classes + shall mingle in a friendly manner at the elections. The appointment of + priests should be left to God,—that is, to the lot; but the person + elected must prove that he is himself sound in body and of legitimate + birth, and that his family has been free from homicide or any other stain + of impurity. Priests and priestesses are to be not less than sixty years + of age, and shall hold office for a year only. The laws which are to + regulate matters of religion shall be brought from Delphi, and + interpreters appointed to superintend their execution. These shall be + elected in the following manner:—The twelve tribes shall be formed + into three bodies of four, each of which shall select four candidates, and + this shall be done three times: of each twelve thus selected the three who + receive the largest number of votes, nine in all, after undergoing a + scrutiny shall go to Delphi, in order that the God may elect one out of + each triad. They shall be appointed for life; and when any of them dies, + another shall be elected by the four tribes who made the original + appointment. There shall also be treasurers of the temples; three for the + greater temples, two for the lesser, and one for those of least + importance. + </p> + <p> + The defence of the city should be committed to the generals and other + officers of the army, and to the wardens of the city and agora. The + defence of the country shall be on this wise:—The twelve tribes + shall allot among themselves annually the twelve divisions of the country, + and each tribe shall appoint five wardens and commanders of the watch. The + five wardens in each division shall choose out of their own tribe twelve + guards, who are to be between twenty-five and thirty years of age. Both + the wardens and the guards are to serve two years; and they shall make a + round of the divisions, staying a month in each. They shall go from West + to East during the first year, and back from East to West during the + second. Thus they will gain a perfect knowledge of the country at every + season of the year. + </p> + <p> + While on service, their first duty will be to see that the country is well + protected by means of fortifications and entrenchments; they will use the + beasts of burden and the labourers whom they find on the spot, taking care + however not to interfere with the regular course of agriculture. But while + they thus render the country as inaccessible as possible to enemies, they + will also make it as accessible as possible to friends by constructing and + maintaining good roads. They will restrain and preserve the rain which + comes down from heaven, making the barren places fertile, and the wet + places dry. They will ornament the fountains with plantations and + buildings, and provide water for irrigation at all seasons of the year. + They will lead the streams to the temples and groves of the Gods; and in + such spots the youth shall make gymnasia for themselves, and warm baths + for the aged; there the rustic worn with toil will receive a kindly + welcome, and be far better treated than at the hands of an unskilful + doctor. + </p> + <p> + These works will be both useful and ornamental; but the sixty wardens must + not fail to give serious attention to other duties. For they must watch + over the districts assigned to them, and also act as judges. In small + matters the five commanders shall decide: in greater matters up to three + minae, the five commanders and the twelve guards. Like all other judges, + except those who have the final decision, they shall be liable to give an + account. If the wardens impose unjust tasks on the villagers, or take by + force their crops or implements, or yield to flattery or bribes in + deciding suits, let them be publicly dishonoured. In regard to any other + wrong-doing, if the question be of a mina, let the neighbours decide; but + if the accused person will not submit, trusting that his monthly removals + will enable him to escape payment, and also in suits about a larger + amount, the injured party may have recourse to the common court; in the + former case, if successful, he may exact a double penalty. + </p> + <p> + The wardens and guards, while on their two years' service, shall live and + eat together, and the guard who is absent from the daily meals without + permission or sleeps out at night, shall be regarded as a deserter, and + may be punished by any one who meets him. If any of the commanders is + guilty of such an irregularity, the whole sixty shall have him punished; + and he of them who screens him shall suffer a still heavier penalty than + the offender himself. Now by service a man learns to rule; and he should + pride himself upon serving well the laws and the Gods all his life, and + upon having served ancient and honourable men in his youth. The twelve and + the five should be their own servants, and use the labour of the villagers + only for the good of the public. Let them search the country through, and + acquire a perfect knowledge of every locality; with this view, hunting and + field sports should be encouraged. + </p> + <p> + Next we have to speak of the elections of the wardens of the agora and of + the city. The wardens of the city shall be three in number, and they shall + have the care of the streets, roads, buildings, and also of the + water-supply. They shall be chosen out of the highest class, and when the + number of candidates has been reduced to six who have the greatest number + of votes, three out of the six shall be taken by lot, and, after a + scrutiny, shall be admitted to their office. The wardens of the agora + shall be five in number—ten are to be first elected, and every one + shall vote for all the vacant places; the ten shall be afterwards reduced + to five by lot, as in the former election. The first and second class + shall be compelled to go to the assembly, but not the third and fourth, + unless they are specially summoned. The wardens of the agora shall have + the care of the temples and fountains which are in the agora, and shall + punish those who injure them by stripes and bonds, if they be slaves or + strangers; and by fines, if they be citizens. And the wardens of the city + shall have a similar power of inflicting punishment and fines in their own + department. + </p> + <p> + In the next place, there must be directors of music and gymnastic; one + class of them superintending gymnasia and schools, and the attendance and + lodging of the boys and girls—the other having to do with contests + of music and gymnastic. In musical contests there shall be one kind of + judges of solo singing or playing, who will judge of rhapsodists, + flute-players, harp-players and the like, and another of choruses. There + shall be choruses of men and boys and maidens—one director will be + enough to introduce them all, and he should not be less than forty years + of age; secondly, of solos also there shall be one director, aged not less + than thirty years; he will introduce the competitors and give judgment + upon them. The director of the choruses is to be elected in an assembly at + which all who take an interest in music are compelled to attend, and no + one else. Candidates must only be proposed for their fitness, and opposed + on the ground of unfitness. Ten are to be elected by vote, and the one of + these on whom the lot falls shall be director for a year. Next shall be + elected out of the second and third classes the judges of gymnastic + contests, who are to be three in number, and are to be tested, after being + chosen by lot out of twenty who have been elected by the three highest + classes—these being compelled to attend at the election. + </p> + <p> + One minister remains, who will have the general superintendence of + education. He must be not less than fifty years old, and be himself the + father of children born in wedlock. His office must be regarded by all as + the highest in the state. For the right growth of the first shoot in + plants and animals is the chief cause of matured perfection. Man is + supposed to be a tame animal, but he becomes either the gentlest or the + fiercest of creatures, accordingly as he is well or ill educated. + Wherefore he who is elected to preside over education should be the best + man possible. He shall hold office for five years, and shall be elected + out of the guardians of the law, by the votes of the other magistrates + with the exception of the senate and prytanes; and the election shall be + held by ballot in the temple of Apollo. + </p> + <p> + When a magistrate dies before his term of office has expired, another + shall be elected in his place; and, if the guardian of an orphan dies, the + relations shall appoint another within ten days, or be fined a drachma a + day for neglect. + </p> + <p> + The city which has no courts of law will soon cease to be a city; and a + judge who sits in silence and leaves the enquiry to the litigants, as in + arbitrations, is not a good judge. A few judges are better than many, but + the few must be good. The matter in dispute should be clearly elicited; + time and examination will find out the truth. Causes should first be tried + before a court of neighbours: if the decision is unsatisfactory, let them + be referred to a higher court; or, if necessary, to a higher still, of + which the decision shall be final. + </p> + <p> + Every magistrate is a judge, and every judge is a magistrate, on the day + on which he is deciding the suit. This will therefore be an appropriate + place to speak of judges and their functions. The supreme tribunal will be + that on which the litigants agree; and let there be two other tribunals, + one for public and the other for private causes. The high court of appeal + shall be composed as follows:—All the officers of state shall meet + on the last day but one of the year in some temple, and choose for a judge + the best man out of every magistracy: and those who are elected, after + they have undergone a scrutiny, shall be judges of appeal. They shall give + their decisions openly, in the presence of the magistrates who have + elected them; and the public may attend. If anybody charges one of them + with having intentionally decided wrong, he shall lay his accusation + before the guardians of the law, and if the judge be found guilty he shall + pay damages to the extent of half the injury, unless the guardians of the + law deem that he deserves a severer punishment, in which case the judges + shall assess the penalty. + </p> + <p> + As the whole people are injured by offences against the state, they should + share in the trial of them. Such causes should originate with the people + and be decided by them: the enquiry shall take place before any three of + the highest magistrates upon whom the defendant and plaintiff can agree. + Also in private suits all should judge as far as possible, and therefore + there should be a court of law in every ward; for he who has no share in + the administration of justice, believes that he has no share in the state. + The judges in these courts shall be elected by lot and give their decision + at once. The final judgment in all cases shall rest with the court of + appeal. And so, having done with the appointment of courts and the + election of officers, we will now make our laws. + </p> + <p> + 'Your way of proceeding, Stranger, is admirable.' + </p> + <p> + Then so far our old man's game of play has gone off well. + </p> + <p> + 'Say, rather, our serious and noble pursuit.' + </p> + <p> + Perhaps; but let me ask you whether you have ever observed the manner in + which painters put in and rub out colour: yet their endless labour will + last but a short time, unless they leave behind them some successor who + will restore the picture and remove its defects. 'Certainly.' And have we + not a similar object at the present moment? We are old ourselves, and + therefore we must leave our work of legislation to be improved and + perfected by the next generation; not only making laws for our guardians, + but making them lawgivers. 'We must at least do our best.' Let us address + them as follows. Beloved saviours of the laws, we give you an outline of + legislation which you must fill up, according to a rule which we will + prescribe for you. Megillus and Cleinias and I are agreed, and we hope + that you will agree with us in thinking, that the whole energies of a man + should be devoted to the attainment of manly virtue, whether this is to be + gained by study, or habit, or desire, or opinion. And rather than accept + institutions which tend to degrade and enslave him, he should fly his + country and endure any hardship. These are our principles, and we would + ask you to judge of our laws, and praise or blame them, accordingly as + they are or are not capable of improving our citizens. + </p> + <p> + And first of laws concerning religion. We have already said that the + number 5040 has many convenient divisions: and we took a twelfth part of + this (420), which is itself divisible by twelve, for the number of the + tribe. Every divisor is a gift of God, and corresponds to the months of + the year and to the revolution of the universe. All cities have a number, + but none is more fortunate than our own, which can be divided by all + numbers up to 12, with the exception of 11, and even by 11, if two + families are deducted. And now let us divide the state, assigning to each + division some God or demigod, who shall have altars raised to them, and + sacrifices offered twice a month; and assemblies shall be held in their + honour, twelve for the tribes, and twelve for the city, corresponding to + their divisions. The object of them will be first to promote religion, + secondly to encourage friendship and intercourse between families; for + families must be acquainted before they marry into one another, or great + mistakes will occur. At these festivals there shall be innocent dances of + young men and maidens, who may have the opportunity of seeing one another + in modest undress. To the details of all this the masters of choruses and + the guardians will attend, embodying in laws the results of their + experience; and, after ten years, making the laws permanent, with the + consent of the legislator, if he be alive, or, if he be not alive, of the + guardians of the law, who shall perfect them and settle them once for all. + At least, if any further changes are required, the magistrates must take + the whole people into counsel, and obtain the sanction of all the oracles. + </p> + <p> + Whenever any one who is between the ages of twenty-five and thirty-five + wants to marry, let him do so; but first let him hear the strain which we + will address to him:— + </p> + <p> + My son, you ought to marry, but not in order to gain wealth or to avoid + poverty; neither should you, as men are wont to do, choose a wife who is + like yourself in property and character. You ought to consult the + interests of the state rather than your own pleasure; for by equal + marriages a society becomes unequal. And yet to enact a law that the rich + and mighty shall not marry the rich and mighty, that the quick shall be + united to the slow, and the slow to the quick, will arouse anger in some + persons and laughter in others; for they do not understand that opposite + elements ought to be mingled in the state, as wine should be mingled with + water. The object at which we aim must therefore be left to the influence + of public opinion. And do not forget our former precept, that every one + should seek to attain immortality and raise up a fair posterity to serve + God.—Let this be the prelude of the law about the duty of marriage. + But if a man will not listen, and at thirty-five years of age is still + unmarried, he shall pay an annual fine: if he be of the first class, 100 + drachmas; if of the second, 70; if of the third, 60; and if of the fourth, + 30. This fine shall be sacred to Here; and if he refuse to pay, a tenfold + penalty shall be exacted by the treasurer of Here, who shall be + responsible for the payment. Further, the unmarried man shall receive no + honour or obedience from the young, and he shall not retain the right of + punishing others. A man is neither to give nor receive a dowry beyond a + certain fixed sum; in our state, for his consolation, if he be poor, let + him know that he need neither receive nor give one, for every citizen is + provided with the necessaries of life. Again, if the woman is not rich, + her husband will not be her humble servant. He who disobeys this law shall + pay a fine according to his class, which shall be exacted by the + treasurers of Here and Zeus. + </p> + <p> + The betrothal of the parties shall be made by the next of kin, or if there + are none, by the guardians. The offerings and ceremonies of marriage shall + be determined by the interpreters of sacred rites. Let the wedding party + be moderate; five male and five female friends, and a like number of + kinsmen, will be enough. The expense should not exceed, for the first + class, a mina; and for the second, half a mina; and should be in like + proportion for the other classes. Extravagance is to be regarded as + vulgarity and ignorance of nuptial proprieties. Much wine is only to be + drunk at the festivals of Dionysus, and certainly not on the occasion of a + marriage. The bride and bridegroom, who are taking a great step in life, + ought to have all their wits about them; they should be especially careful + of the night on which God may give them increase, and which this will be + none can say. Their bodies and souls should be in the most temperate + condition; they should abstain from all that partakes of the nature of + disease or vice, which will otherwise become hereditary. There is an + original divinity in man which preserves all things, if used with proper + respect. He who marries should make one of the two houses on the lot the + nest and nursery of his young; he should leave his father and mother, and + then his affection for them will be only increased by absence. He will go + forth as to a colony, and will there rear up his offspring, handing on the + torch of life to another generation. + </p> + <p> + About property in general there is little difficulty, with the exception + of property in slaves, which is an institution of a very doubtful + character. The slavery of the Helots is approved by some and condemned by + others; and there is some doubt even about the slavery of the + Mariandynians at Heraclea and of the Thessalian Penestae. This makes us + ask, What shall we do about slaves? To which every one would agree in + replying,—Let us have the best and most attached whom we can get. + All of us have heard stories of slaves who have been better to their + masters than sons or brethren. Yet there is an opposite doctrine, that + slaves are never to be trusted; as Homer says, 'Slavery takes away half a + man's understanding.' And different persons treat them in different ways: + there are some who never trust them, and beat them like dogs, until they + make them many times more slavish than they were before; and others pursue + the opposite plan. Man is a troublesome animal, as has been often shown, + Megillus, notably in the revolts of the Messenians; and great mischiefs + have arisen in countries where there are large bodies of slaves of one + nationality. Two rules may be given for their management: first that they + should not, if possible, be of the same country or have a common language; + and secondly, that they should be treated by their master with more + justice even than equals, out of regard to himself quite as much as to + them. For he who is righteous in the treatment of his slaves, or of any + inferiors, will sow in them the seed of virtue. Masters should never jest + with their slaves: this, which is a common but foolish practice, increases + the difficulty and painfulness of managing them. + </p> + <p> + Next as to habitations. These ought to have been spoken of before; for no + man can marry a wife, and have slaves, who has not a house for them to + live in. Let us supply the omission. The temples should be placed round + the Agora, and the city built in a circle on the heights. Near the + temples, which are holy places and the habitations of the Gods, should be + buildings for the magistrates, and the courts of law, including those in + which capital offences are to be tried. As to walls, Megillus, I agree + with Sparta that they should sleep in the earth; 'cold steel is the best + wall,' as the poet finely says. Besides, how absurd to be sending out our + youth to fortify and guard the borders of our country, and then to build a + city wall, which is very unhealthy, and is apt to make people fancy that + they may run there and rest in idleness, not knowing that true repose + comes from labour, and that idleness is only a renewal of trouble. If, + however, there must be a wall, the private houses had better be so + arranged as to form one wall; this will have an agreeable aspect, and the + building will be safer and more defensible. These objects should be + attended to at the foundation of the city. The wardens of the city must + see that they are carried out; and they must also enforce cleanliness, and + preserve the public buildings from encroachments. Moreover, they must take + care to let the rain flow off easily, and must regulate other matters + concerning the general administration of the city. If any further + enactments prove to be necessary, the guardians of the law must supply + them. + </p> + <p> + And now, having provided buildings, and having married our citizens, we + will proceed to speak of their mode of life. In a well-constituted state, + individuals cannot be allowed to live as they please. Why do I say this? + Because I am going to enact that the bridegroom shall not absent himself + from the common meals. They were instituted originally on the occasion of + some war, and, though deemed singular when first founded, they have tended + greatly to the security of states. There was a difficulty in introducing + them, but there is no difficulty in them now. There is, however, another + institution about which I would speak, if I dared. I may preface my + proposal by remarking that disorder in a state is the source of all evil, + and order of all good. Now in Sparta and Crete there are common meals for + men, and this, as I was saying, is a divine and natural institution. But + the women are left to themselves; they live in dark places, and, being + weaker, and therefore wickeder, than men, they are at the bottom of a good + deal more than half the evil of states. This must be corrected, and the + institution of common meals extended to both sexes. But, in the present + unfortunate state of opinion, who would dare to establish them? And still + more, who can compel women to eat and drink in public? They will defy the + legislator to drag them out of their holes. And in any other state such a + proposal would be drowned in clamour, but in our own I think that I can + show the attempt to be just and reasonable. 'There is nothing which we + should like to hear better.' Listen, then; having plenty of time, we will + go back to the beginning of things, which is an old subject with us. + 'Right.' Either the race of mankind never had a beginning and will never + have an end, or the time which has elapsed since man first came into being + is all but infinite. 'No doubt.' And in this infinity of time there have + been changes of every kind, both in the order of the seasons and in the + government of states and in the customs of eating and drinking. Vines and + olives were at length discovered, and the blessings of Demeter and + Persephone, of which one Triptolemus is said to have been the minister; + before his time the animals had been eating one another. And there are + nations in which mankind still sacrifice their fellow-men, and other + nations in which they lead a kind of Orphic existence, and will not + sacrifice animals, or so much as taste of a cow—they offer fruits or + cakes moistened with honey. Perhaps you will ask me what is the bearing of + these remarks? 'We would gladly hear.' I will endeavour to explain their + drift. I see that the virtue of human life depends on the due regulation + of three wants or desires. The first is the desire of meat, the second of + drink; these begin with birth, and make us disobedient to any voice other + than that of pleasure. The third and fiercest and greatest need is felt + latest; this is love, which is a madness setting men's whole nature on + fire. These three disorders of mankind we must endeavour to restrain by + three mighty influences—fear, and law, and reason, which, with the + aid of the Muses and the Gods of contests, may extinguish our lusts. + </p> + <p> + But to return. After marriage let us proceed to the generation of + children, and then to their nurture and education—thus gradually + approaching the subject of syssitia. There are, however, some other points + which are suggested by the three words—meat, drink, love. 'Proceed,' + the bride and bridegroom ought to set their mind on having a brave + offspring. Now a man only succeeds when he takes pains; wherefore the + bridegroom ought to take special care of the bride, and the bride of the + bridegroom, at the time when their children are about to be born. And let + there be a committee of matrons who shall meet every day at the temple of + Eilithyia at a time fixed by the magistrates, and inform against any man + or woman who does not observe the laws of married life. The time of + begetting children and the supervision of the parents shall last for ten + years only; if at the expiration of this period they have no children, + they may part, with the consent of their relatives and the official + matrons, and with a due regard to the interests of either; if a dispute + arise, ten of the guardians of the law shall be chosen as arbiters. The + matrons shall also have power to enter the houses of the young people, if + necessary, and to advise and threaten them. If their efforts fail, let + them go to the guardians of the law; and if they too fail, the offender, + whether man or woman, shall be forbidden to be present at all family + ceremonies. If when the time for begetting children has ceased, either + husband or wife have connexion with others who are of an age to beget + children, they shall be liable to the same penalties as those who are + still having a family. But when both parties have ceased to beget children + there shall be no penalties. If men and women live soberly, the enactments + of law may be left to slumber; punishment is necessary only when there is + great disorder of manners. + </p> + <p> + The first year of children's lives is to be registered in their ancestral + temples; the name of the archon of the year is to be inscribed on a whited + wall in every phratry, and the names of the living members of the phratry + close to them, to be erased at their decease. The proper time of marriage + for a woman shall be from sixteen years to twenty; for a man, from thirty + to thirty-five (compare Republic). The age of holding office for a woman + is to be forty, for a man thirty years. The time for military service for + a man is to be from twenty years to sixty; for a woman, from the time that + she has ceased to bear children until fifty. + </p> + <p> + BOOK VII. Now that we have married our citizens and brought their children + into the world, we have to find nurture and education for them. This is a + matter of precept rather than of law, and cannot be precisely regulated by + the legislator. For minute regulations are apt to be transgressed, and + frequent transgressions impair the habit of obedience to the laws. I speak + darkly, but I will also try to exhibit my wares in the light of day. Am I + not right in saying that a good education tends to the improvement of body + and mind? 'Certainly.' And the body is fairest which grows up straight and + well-formed from the time of birth. 'Very true.' And we observe that the + first shoot of every living thing is the greatest; many even contend that + man is not at twenty-five twice the height that he was at five. 'True.' + And growth without exercise of the limbs is the source of endless evils in + the body. 'Yes.' The body should have the most exercise when growing most. + 'What, the bodies of young infants?' Nay, the bodies of unborn infants. I + should like to explain to you this singular kind of gymnastics. The + Athenians are fond of cock-fighting, and the people who keep cocks carry + them about in their hands or under their arms, and take long walks, to + improve, not their own health, but the health of the birds. Here is a + proof of the usefulness of motion, whether of rocking, swinging, riding, + or tossing upon the wave; for all these kinds of motion greatly increase + strength and the powers of digestion. Hence we infer that our women, when + they are with child, should walk about and fashion the embryo; and the + children, when born, should be carried by strong nurses,—there must + be more than one of them,—and should not be suffered to walk until + they are three years old. Shall we impose penalties for the neglect of + these rules? The greatest penalty, that is, ridicule, and the difficulty + of making the nurses do as we bid them, will be incurred by ourselves. + 'Then why speak of such matters?' In the hope that heads of families may + learn that the due regulation of them is the foundation of law and order + in the state. + </p> + <p> + And now, leaving the body, let us proceed to the soul; but we must first + repeat that perpetual motion by night and by day is good for the young + creature. This is proved by the Corybantian cure of motion, and by the + practice of nurses who rock children in their arms, lapping them at the + same time in sweet strains. And the reason of this is obvious. The + affections, both of the Bacchantes and of the children, arise from fear, + and this fear is occasioned by something wrong which is going on within + them. Now a violent external commotion tends to calm the violent internal + one; it quiets the palpitation of the heart, giving to the children sleep, + and bringing back the Bacchantes to their right minds by the help of + dances and acceptable sacrifices. But if fear has such power, will not a + child who is always in a state of terror grow up timid and cowardly, + whereas if he learns from the first to resist fear he will develop a habit + of courage? 'Very true.' And we may say that the use of motion will + inspire the souls of children with cheerfulness and therefore with + courage. 'Of course.' Softness enervates and irritates the temper of the + young, and violence renders them mean and misanthropical. 'But how is the + state to educate them when they are as yet unable to understand the + meaning of words?' Why, surely they roar and cry, like the young of any + other animal, and the nurse knows the meaning of these intimations of the + child's likes or dislikes, and the occasions which call them forth. About + three years is passed by children in a state of imperfect articulation, + which is quite long enough time to make them either good- or ill-tempered. + And, therefore, during these first three years, the infant should be as + free as possible from fear and pain. 'Yes, and he should have as much + pleasure as possible.' There, I think, you are wrong; for the influence of + pleasure in the beginning of education is fatal. A man should neither + pursue pleasure nor wholly avoid pain. He should embrace the mean, and + cultivate that state of calm which mankind, taught by some inspiration, + attribute to God; and he who would be like God should neither be too fond + of pleasure himself, nor should he permit any other to be thus given; + above all, not the infant, whose character is just in the making. It may + sound ridiculous, but I affirm that a woman in her pregnancy should be + carefully tended, and kept from excessive pleasures and pains. + </p> + <p> + 'I quite agree with you about the duty of avoiding extremes and following + the mean.' + </p> + <p> + Let us consider a further point. The matters which are now in question are + generally called customs rather than laws; and we have already made the + reflection that, though they are not, properly speaking, laws, yet neither + can they be neglected. For they fill up the interstices of law, and are + the props and ligatures on which the strength of the whole building + depends. Laws without customs never last; and we must not wonder if habit + and custom sometimes lengthen out our laws. 'Very true.' Up to their third + year, then, the life of children may be regulated by customs such as we + have described. From three to six their minds have to be amused; but they + must not be allowed to become self-willed and spoilt. If punishment is + necessary, the same rule will hold as in the case of slaves; they must + neither be punished in hot blood nor ruined by indulgence. The children of + that age will have their own modes of amusing themselves; they should be + brought for their play to the village temples, and placed under the care + of nurses, who will be responsible to twelve matrons annually chosen by + the women who have authority over marriage. These shall be appointed, one + out of each tribe, and their duty shall be to keep order at the meetings: + slaves who break the rules laid down by them, they shall punish by the + help of some of the public slaves; but citizens who dispute their + authority shall be brought before the magistrates. After six years of age + there shall be a separation of the sexes; the boys will go to learn riding + and the use of arms, and the girls may, if they please, also learn. Here I + note a practical error in early training. Mothers and nurses foolishly + believe that the left hand is by nature different from the right, whereas + the left leg and foot are acknowledged to be the same as the right. But + the truth is that nature made all things to balance, and the power of + using the left hand, which is of little importance in the case of the + plectrum of the lyre, may make a great difference in the art of the + warrior, who should be a skilled gymnast and able to fight and balance + himself in any position. If a man were a Briareus, he should use all his + hundred hands at once; at any rate, let everybody employ the two which + they have. To these matters the magistrates, male and female, should + attend; the women superintending the nursing and amusement of the + children, and the men superintending their education, that all of them, + boys and girls alike, may be sound, wind and limb, and not spoil the gifts + of nature by bad habits. + </p> + <p> + Education has two branches—gymnastic, which is concerned with the + body; and music, which improves the soul. And gymnastic has two parts, + dancing and wrestling. Of dancing one kind imitates musical recitation and + aims at stateliness and freedom; another kind is concerned with the + training of the body, and produces health, agility, and beauty. There is + no military use in the complex systems of wrestling which pass under the + names of Antaeus and Cercyon, or in the tricks of boxing, which are + attributed to Amycus and Epeius; but good wrestling and the habit of + extricating the neck, hands, and sides, should be diligently learnt and + taught. In our dances imitations of war should be practised, as in the + dances of the Curetes in Crete and of the Dioscuri at Sparta, or as in the + dances in complete armour which were taught us Athenians by the goddess + Athene. Youths who are not yet of an age to go to war should make + religious processions armed and on horseback; and they should also engage + in military games and contests. These exercises will be equally useful in + peace and war, and will benefit both states and families. + </p> + <p> + Next follows music, to which we will once more return; and here I shall + venture to repeat my old paradox, that amusements have great influence on + laws. He who has been taught to play at the same games and with the same + playthings will be content with the same laws. There is no greater evil in + a state than the spirit of innovation. In the case of the seasons and + winds, in the management of our bodies and in the habits of our minds, + change is a dangerous thing. And in everything but what is bad the same + rule holds. We all venerate and acquiesce in the laws to which we are + accustomed; and if they have continued during long periods of time, and + there is no remembrance of their ever having been otherwise, people are + absolutely afraid to change them. Now how can we create this quality of + immobility in the laws? I say, by not allowing innovations in the games + and plays of children. The children who are always having new plays, when + grown up will be always having new laws. Changes in mere fashions are not + serious evils, but changes in our estimate of men's characters are most + serious; and rhythms and music are representations of characters, and + therefore we must avoid novelties in dance and song. For securing + permanence no better method can be imagined than that of the Egyptians. + 'What is their method?' They make a calendar for the year, arranging on + what days the festivals of the various Gods shall be celebrated, and for + each festival they consecrate an appropriate hymn and dance. In our state + a similar arrangement shall in the first instance be framed by certain + individuals, and afterwards solemnly ratified by all the citizens. He who + introduces other hymns or dances shall be excluded by the priests and + priestesses and the guardians of the law; and if he refuses to submit, he + may be prosecuted for impiety. But we must not be too ready to speak about + such great matters. Even a young man, when he hears something + unaccustomed, stands and looks this way and that, like a traveller at a + place where three ways meet; and at our age a man ought to be very sure of + his ground in so singular an argument. 'Very true.' Then, leaving the + subject for further examination at some future time, let us proceed with + our laws about education, for in this manner we may probably throw light + upon our present difficulty. 'Let us do as you say.' The ancients used the + term nomoi to signify harmonious strains, and perhaps they fancied that + there was a connexion between the songs and laws of a country. And we say—Whosoever + shall transgress the strains by law established is a transgressor of the + laws, and shall be punished by the guardians of the law and by the priests + and priestesses. 'Very good.' How can we legislate about these consecrated + strains without incurring ridicule? Moulds or types must be first framed, + and one of the types shall be—Abstinence from evil words at + sacrifices. When a son or brother blasphemes at a sacrifice there is a + sound of ill-omen heard in the family; and many a chorus stands by the + altar uttering inauspicious words, and he is crowned victor who excites + the hearers most with lamentations. Such lamentations should be reserved + for evil days, and should be uttered only by hired mourners; and let the + singers not wear circlets or ornaments of gold. To avoid every evil word, + then, shall be our first type. 'Agreed.' Our second law or type shall be, + that prayers ever accompany sacrifices; and our third, that, inasmuch as + all prayers are requests, they shall be only for good; this the poets must + be made to understand. 'Certainly.' Have we not already decided that no + gold or silver Plutus shall be allowed in our city? And did not this show + that we were dissatisfied with the poets? And may we not fear that, if + they are allowed to utter injudicious prayers, they will bring the + greatest misfortunes on the state? And we must therefore make a law that + the poet is not to contradict the laws or ideas of the state; nor is he to + show his poems to any private persons until they have first received the + imprimatur of the director of education. A fourth musical law will be to + the effect that hymns and praises shall be offered to Gods, and to heroes + and demigods. Still another law will permit eulogies of eminent citizens, + whether men or women, but only after their death. As to songs and dances, + we will enact as follows:—There shall be a selection made of the + best ancient musical compositions and dances; these shall be chosen by + judges, who ought not to be less than fifty years of age. They will accept + some, and reject or amend others, for which purpose they will call, if + necessary, the poets themselves into council. The severe and orderly music + is the style in which to educate children, who, if they are accustomed to + this, will deem the opposite kind to be illiberal, but if they are + accustomed to the other, will count this to be cold and unpleasing. + 'True.' Further, a distinction should be made between the melodies of men + and women. Nature herself teaches that the grand or manly style should be + assigned to men, and to women the moderate and temperate. So much for the + subjects of education. But to whom are they to be taught, and when? I must + try, like the shipwright, who lays down the keel of a vessel, to build a + secure foundation for the vessel of the soul in her voyage through life. + Human affairs are hardly serious, and yet a sad necessity compels us to be + serious about them. Let us, therefore, do our best to bring the matter to + a conclusion. 'Very good.' I say then, that God is the object of a man's + most serious endeavours. But man is created to be the plaything of the + Gods; and therefore the aim of every one should be to pass through life, + not in grim earnest, but playing at the noblest of pastimes, in another + spirit from that which now prevails. For the common opinion is, that work + is for the sake of play, war of peace; whereas in war there is neither + amusement nor instruction worth speaking of. The life of peace is that + which men should chiefly desire to lengthen out and improve. They should + live sacrificing, singing, and dancing, with the view of propitiating Gods + and heroes. I have already told you the types of song and dance which they + should follow: and 'Some things,' as the poet well says, 'you will devise + for yourself—others, God will suggest to you.' + </p> + <p> + These words of his may be applied to our pupils. They will partly teach + themselves, and partly will be taught by God, the art of propitiating Him; + for they are His puppets, and have only a small portion in truth. 'You + have a poor opinion of man.' No wonder, when I compare him with God; but, + if you are offended, I will place him a little higher. + </p> + <p> + Next follow the building for gymnasia and schools; these will be in the + midst of the city, and outside will be riding-schools and archery-grounds. + In all of them there ought to be instructors of the young, drawn from + foreign parts by pay, and they will teach them music and war. Education + shall be compulsory; the children must attend school, whether their + parents like it or not; for they belong to the state more than to their + parents. And I say further, without hesitation, that the same education in + riding and gymnastic shall be given both to men and women. The ancient + tradition about the Amazons confirms my view, and at the present day there + are myriads of women, called Sauromatides, dwelling near the Pontus, who + practise the art of riding as well as archery and the use of arms. But if + I am right, nothing can be more foolish than our modern fashion of + training men and women differently, whereby the power the city is reduced + to a half. For reflect—if women are not to have the education of + men, some other must be found for them, and what other can we propose? + Shall they, like the women of Thrace, tend cattle and till the ground; or, + like our own, spin and weave, and take care of the house? or shall they + follow the Spartan custom, which is between the two?—there the + maidens share in gymnastic exercises and in music; and the grown women, no + longer engaged in spinning, weave the web of life, although they are not + skilled in archery, like the Amazons, nor can they imitate our warrior + goddess and carry shield or spear, even in the extremity of their + country's need. Compared with our women, the Sauromatides are like men. + But your legislators, Megillus, as I maintain, only half did their work; + they took care of the men, and left the women to take care of themselves. + </p> + <p> + 'Shall we suffer the Stranger, Cleinias, to run down Sparta in this way?' + </p> + <p> + 'Why, yes; for we cannot withdraw the liberty which we have already + conceded to him.' + </p> + <p> + What will be the manner of life of men in moderate circumstances, freed + from the toils of agriculture and business, and having common tables for + themselves and their families which are under the inspection of + magistrates, male and female? Are men who have these institutions only to + eat and fatten like beasts? If they do, how can they escape the fate of a + fatted beast, which is to be torn in pieces by some other beast more + valiant than himself? True, theirs is not the perfect way of life, for + they have not all things in common; but the second best way of life also + confers great blessings. Even those who live in the second state have a + work to do twice as great as the work of any Pythian or Olympic victor; + for their labour is for the body only, but ours both for body and soul. + And this higher work ought to be pursued night and day to the exclusion of + every other. The magistrates who keep the city should be wakeful, and the + master of the household should be up early and before all his servants; + and the mistress, too, should awaken her handmaidens, and not be awakened + by them. Much sleep is not required either for our souls or bodies. When a + man is asleep, he is no better than if he were dead; and he who loves life + and wisdom will take no more sleep than is necessary for health. + Magistrates who are wide awake at night are terrible to the bad; but they + are honoured by the good, and are useful to themselves and the state. + </p> + <p> + When the morning dawns, let the boy go to school. As the sheep need the + shepherd, so the boy needs a master; for he is at once the most cunning + and the most insubordinate of creatures. Let him be taken away from + mothers and nurses, and tamed with bit and bridle, being treated as a + freeman in that he learns and is taught, but as a slave in that he may be + chastised by all other freemen; and the freeman who neglects to chastise + him shall be disgraced. All these matters will be under the supervision of + the Director of Education. + </p> + <p> + Him we will address as follows: We have spoken to you, O illustrious + teacher of youth, of the song, the time, and the dance, and of martial + strains; but of the learning of letters and of prose writings, and of + music, and of the use of calculation for military and domestic purposes we + have not spoken, nor yet of the higher use of numbers in reckoning divine + things—such as the revolutions of the stars, or the arrangements of + days, months, and years, of which the true calculation is necessary in + order that seasons and festivals may proceed in regular course, and arouse + and enliven the city, rendering to the Gods their due, and making men know + them better. There are, we say, many things about which we have not as yet + instructed you—and first, as to reading and music: Shall the pupil + be a perfect scholar and musician, or not even enter on these studies? He + should certainly enter on both:—to letters he will apply himself + from the age of ten to thirteen, and at thirteen he will begin to handle + the lyre, and continue to learn music until he is sixteen; no shorter and + no longer time will be allowed, however fond he or his parents may be of + the pursuit. The study of letters he should carry to the extent of simple + reading and writing, but he need not care for calligraphy and tachygraphy, + if his natural gifts do not enable him to acquire them in the three years. + And here arises a question as to the learning of compositions when + unaccompanied with music, I mean, prose compositions. They are a dangerous + species of literature. Speak then, O guardians of the law, and tell us + what we shall do about them. 'You seem to be in a difficulty.' Yes; it is + difficult to go against the opinion of all the world. 'But have we not + often already done so?' Very true. And you imply that the road which we + are taking, though disagreeable to many, is approved by those whose + judgment is most worth having. 'Certainly.' Then I would first observe + that we have many poets, comic as well as tragic, with whose compositions, + as people say, youth are to be imbued and saturated. Some would have them + learn by heart entire poets; others prefer extracts. Now I believe, and + the general opinion is, that some of the things which they learn are good, + and some bad. 'Then how shall we reject some and select others?' A happy + thought occurs to me; this long discourse of ours is a sample of what we + want, and is moreover an inspired work and a kind of poem. I am naturally + pleased in reflecting upon all our words, which appear to me to be just + the thing for a young man to hear and learn. I would venture, then, to + offer to the Director of Education this treatise of laws as a pattern for + his guidance; and in case he should find any similar compositions, written + or oral, I would have him carefully preserve them, and commit them in the + first place to the teachers who are willing to learn them (he should turn + off the teacher who refuses), and let them communicate the lesson to the + young. + </p> + <p> + I have said enough to the teacher of letters; and now we will proceed to + the teacher of the lyre. He must be reminded of the advice which we gave + to the sexagenarian minstrels; like them he should be quick to perceive + the rhythms suited to the expression of virtue, and to reject the + opposite. With a view to the attainment of this object, the pupil and his + instructor are to use the lyre because its notes are pure; the voice and + string should coincide note for note: nor should there be complex + harmonies and contrasts of intervals, or variations of times or rhythms. + Three years' study is not long enough to give a knowledge of these + intricacies; and our pupils will have many things of more importance to + learn. The tunes and hymns which are to be consecrated for each festival + have been already determined by us. + </p> + <p> + Having given these instructions to the Director of Music, let us now + proceed to dancing and gymnastic, which must also be taught to boys and + girls by masters and mistresses. Our minister of education will have a + great deal to do; and being an old man, how will he get through so much + work? There is no difficulty;—the law will provide him with + assistants, male and female; and he will consider how important his office + is, and how great the responsibility of choosing them. For if education + prospers, the vessel of state sails merrily along; or if education fails, + the consequences are not even to be mentioned. Of dancing and gymnastics + something has been said already. We include under the latter military + exercises, the various uses of arms, all that relates to horsemanship, and + military evolutions and tactics. There should be public teachers of both + arts, paid by the state, and women as well as men should be trained in + them. The maidens should learn the armed dance, and the grown-up women be + practised in drill and the use of arms, if only in case of extremity, when + the men are gone out to battle, and they are left to guard their families. + Birds and beasts defend their young, but women instead of fighting run to + the altars, thus degrading man below the level of the animals. 'Such a + lack of education, Stranger, is both unseemly and dangerous.' + </p> + <p> + Wrestling is to be pursued as a military exercise, but the meaning of + this, and the nature of the art, can only be explained when action is + combined with words. Next follows dancing, which is of two kinds; + imitative, first, of the serious and beautiful; and, secondly, of the + ludicrous and grotesque. The first kind may be further divided into the + dance of war and the dance of peace. The former is called the Pyrrhic; in + this the movements of attack and defence are imitated in a direct and + manly style, which indicates strength and sufficiency of body and mind. + The latter of the two, the dance of peace, is suitable to orderly and + law-abiding men. These must be distinguished from the Bacchic dances which + imitate drunken revelry, and also from the dances by which purifications + are effected and mysteries celebrated. Such dances cannot be characterized + either as warlike or peaceful, and are unsuited to a civilized state. Now + the dances of peace are of two classes:—the first of them is the + more violent, being an expression of joy and triumph after toil and + danger; the other is more tranquil, symbolizing the continuance and + preservation of good. In speaking or singing we naturally move our bodies, + and as we have more or less courage or self-control we become less or more + violent and excited. Thus from the imitation of words in gestures the art + of dancing arises. Now one man imitates in an orderly, another in a + disorderly manner: and so the peaceful kinds of dance have been + appropriately called Emmeleiai, or dances of order, as the warlike have + been called Pyrrhic. In the latter a man imitates all sorts of blows and + the hurling of weapons and the avoiding of them; in the former he learns + to bear himself gracefully and like a gentleman. The types of these dances + are to be fixed by the legislator, and when the guardians of the law have + assigned them to the several festivals, and consecrated them in due order, + no further change shall be allowed. + </p> + <p> + Thus much of the dances which are appropriate to fair forms and noble + souls. Comedy, which is the opposite of them, remains to be considered. + For the serious implies the ludicrous, and opposites cannot be understood + without opposites. But a man of repute will desire to avoid doing what is + ludicrous. He should leave such performances to slaves,—they are not + fit for freemen; and there should be some element of novelty in them. + Concerning tragedy, let our law be as follows: When the inspired poet + comes to us with a request to be admitted into our state, we will reply in + courteous words—We also are tragedians and your rivals; and the + drama which we enact is the best and noblest, being the imitation of the + truest and noblest life, with a view to which our state is ordered. And we + cannot allow you to pitch your stage in the agora, and make your voices to + be heard above ours, or suffer you to address our women and children and + the common people on opposite principles to our own. Come then, ye + children of the Lydian Muse, and present yourselves first to the + magistrates, and if they decide that your hymns are as good or better than + ours, you shall have your chorus; but if not, not. + </p> + <p> + There remain three kinds of knowledge which should be learnt by freemen—arithmetic, + geometry of surfaces and of solids, and thirdly, astronomy. Few need make + an accurate study of such sciences; and of special students we will speak + at another time. But most persons must be content with the study of them + which is absolutely necessary, and may be said to be a necessity of that + nature against which God himself is unable to contend. 'What are these + divine necessities of knowledge?' Necessities of a knowledge without which + neither gods, nor demigods, can govern mankind. And far is he from being a + divine man who cannot distinguish one, two, odd and even; who cannot + number day and night, and is ignorant of the revolutions of the sun and + stars; for to every higher knowledge a knowledge of number is necessary—a + fool may see this; how much, is a matter requiring more careful + consideration. 'Very true.' But the legislator cannot enter into such + details, and therefore we must defer the more careful consideration of + these matters to another occasion. 'You seem to fear our habitual want of + training in these subjects.' Still more do I fear the danger of bad + training, which is often worse than none at all. 'Very true.' I think that + a gentleman and a freeman may be expected to know as much as an Egyptian + child. In Egypt, arithmetic is taught to children in their sports by a + distribution of apples or garlands among a greater or less number of + people; or a calculation is made of the various combinations which are + possible among a set of boxers or wrestlers; or they distribute cups among + the children, sometimes of gold, brass, and silver intermingled, sometimes + of one metal only. The knowledge of arithmetic which is thus acquired is a + great help, either to the general or to the manager of a household; + wherever measure is employed, men are more wide-awake in their dealings, + and they get rid of their ridiculous ignorance. 'What do you mean?' I have + observed this ignorance among my countrymen—they are like pigs—and + I am heartily ashamed both on my own behalf and on that of all the + Hellenes. 'In what respect?' Let me ask you a question. You know that + there are such things as length, breadth, and depth? 'Yes.' And the + Hellenes imagine that they are commensurable (1) with themselves, and (2) + with each other; whereas they are only commensurable with themselves. But + if this is true, then we are in an unfortunate case, and may well say to + our compatriots that not to possess necessary knowledge is a disgrace, + though to possess such knowledge is nothing very grand. 'Certainly.' The + discussion of arithmetical problems is a much better amusement for old men + than their favourite game of draughts. 'True.' Mathematics, then, will be + one of the subjects in which youth should be trained. They may be regarded + as an amusement, as well as a useful and innocent branch of knowledge;—I + think that we may include them provisionally. 'Yes; that will be the way.' + The next question is, whether astronomy shall be made a part of education. + About the stars there is a strange notion prevalent. Men often suppose + that it is impious to enquire into the nature of God and the world, + whereas the very reverse is the truth. 'How do you mean?' What I am going + to say may seem absurd and at variance with the usual language of age, and + yet if true and advantageous to the state, and pleasing to God, ought not + to be withheld. 'Let us hear.' My dear friend, how falsely do we and all + the Hellenes speak about the sun and moon! 'In what respect?' We are + always saying that they and certain of the other stars do not keep the + same path, and we term them planets. 'Yes; and I have seen the morning and + evening stars go all manner of ways, and the sun and moon doing what we + know that they always do. But I wish that you would explain your meaning + further.' You will easily understand what I have had no difficulty in + understanding myself, though we are both of us past the time of learning. + 'True; but what is this marvellous knowledge which youth are to acquire, + and of which we are ignorant?' Men say that the sun, moon, and stars are + planets or wanderers; but this is the reverse of the fact. Each of them + moves in one orbit only, which is circular, and not in many; nor is the + swiftest of them the slowest, as appears to human eyes. What an insult + should we offer to Olympian runners if we were to put the first last and + the last first! And if that is a ridiculous error in speaking of men, how + much more in speaking of the Gods? They cannot be pleased at our telling + falsehoods about them. 'They cannot.' Then people should at least learn so + much about them as will enable them to avoid impiety. + </p> + <p> + Enough of education. Hunting and similar pursuits now claim our attention. + These require for their regulation that mixture of law and admonition of + which we have often spoken; e.g., in what we were saying about the nurture + of young children. And therefore the whole duty of the citizen will not + consist in mere obedience to the laws; he must regard not only the + enactments but also the precepts of the legislator. I will illustrate my + meaning by an example. Of hunting there are many kinds—hunting of + fish and fowl, man and beast, enemies and friends; and the legislator can + neither omit to speak about these things, nor make penal ordinances about + them all. 'What is he to do then?' He will praise and blame hunting, + having in view the discipline and exercise of youth. And the young man + will listen obediently and will regard his praises and censures; neither + pleasure nor pain should hinder him. The legislator will express himself + in the form of a pious wish for the welfare of the young:—O my + friends, he will say, may you never be induced to hunt for fish in the + waters, either by day or night; or for men, whether by sea or land. Never + let the wish to steal enter into your minds; neither be ye fowlers, which + is not an occupation for gentlemen. As to land animals, the legislator + will discourage hunting by night, and also the use of nets and snares by + day; for these are indolent and unmanly methods. The only mode of hunting + which he can praise is with horses and dogs, running, shooting, striking + at close quarters. Enough of the prelude: the law shall be as follows:— + </p> + <p> + Let no one hinder the holy order of huntsmen; but let the nightly hunters + who lay snares and nets be everywhere prohibited. Let the fowler confine + himself to waste places and to the mountains. The fisherman is also + permitted to exercise his calling, except in harbours and sacred streams, + marshes and lakes; in all other places he may fish, provided he does not + make use of poisonous mixtures. + </p> + <p> + BOOK VIII. Next, with the help of the Delphian Oracle, we will appoint + festivals and sacrifices. There shall be 365 of them, one for every day in + the year; and one magistrate, at least, shall offer sacrifice daily + according to rites prescribed by a convocation of priests and + interpreters, who shall co-operate with the guardians of the law, and + supply what the legislator has omitted. Moreover there shall be twelve + festivals to the twelve Gods after whom the twelve tribes are named: these + shall be celebrated every month with appropriate musical and gymnastic + contests. There shall also be festivals for women, to be distinguished + from the men's festivals. Nor shall the Gods below be forgotten, but they + must be separated from the Gods above—Pluto shall have his own in + the twelfth month. He is not the enemy, but the friend of man, who + releases the soul from the body, which is at least as good a work as to + unite them. Further, those who have to regulate these matters should + consider that our state has leisure and abundance, and wishing to be + happy, like an individual, should lead a good life; for he who leads such + a life neither does nor suffers injury, of which the first is very easy, + and the second very difficult of attainment, and is only to be acquired by + perfect virtue. A good city has peace, but the evil city is full of wars + within and without. To guard against the danger of external enemies the + citizens should practise war at least one day in every month; they should + go out en masse, including their wives and children, or in divisions, as + the magistrates determine, and have mimic contests, imitating in a lively + manner real battles; they should also have prizes and encomiums of valour, + both for the victors in these contests, and for the victors in the battle + of life. The poet who celebrates the victors should be fifty years old at + least, and himself a man who has done great deeds. Of such an one the + poems may be sung, even though he is not the best of poets. To the + director of education and the guardians of the law shall be committed the + judgment, and no song, however sweet, which has not been licensed by them + shall be recited. These regulations about poetry, and about military + expeditions, apply equally to men and to women. + </p> + <p> + The legislator may be conceived to make the following address to himself:—With + what object am I training my citizens? Are they not strivers for mastery + in the greatest of combats? Certainly, will be the reply. And if they were + boxers or wrestlers, would they think of entering the lists without many + days' practice? Would they not as far as possible imitate all the + circumstances of the contest; and if they had no one to box with, would + they not practise on a lifeless image, heedless of the laughter of the + spectators? And shall our soldiers go out to fight for life and kindred + and property unprepared, because sham fights are thought to be ridiculous? + Will not the legislator require that his citizens shall practise war + daily, performing lesser exercises without arms, while the combatants on a + greater scale will carry arms, and take up positions, and lie in + ambuscade? And let their combats be not without danger, that opportunity + may be given for distinction, and the brave man and the coward may receive + their meed of honour or disgrace. If occasionally a man is killed, there + is no great harm done—there are others as good as he is who will + replace him; and the state can better afford to lose a few of her citizens + than to lose the only means of testing them. + </p> + <p> + 'We agree, Stranger, that such warlike exercises are necessary.' But why + are they so rarely practised? Or rather, do we not all know the reasons? + One of them (1) is the inordinate love of wealth. This absorbs the soul of + a man, and leaves him no time for any other pursuit. Knowledge is valued + by him only as it tends to the attainment of wealth. All is lost in the + desire of heaping up gold and silver; anybody is ready to do anything, + right or wrong, for the sake of eating and drinking, and the indulgence of + his animal passions. 'Most true.' This is one of the causes which prevents + a man being a good soldier, or anything else which is good; it converts + the temperate and orderly into shopkeepers or servants, and the brave into + burglars or pirates. Many of these latter are men of ability, and are + greatly to be pitied, because their souls are hungering and thirsting all + their lives long. The bad forms of government (2) are another reason—democracy, + oligarchy, tyranny, which, as I was saying, are not states, but states of + discord, in which the rulers are afraid of their subjects, and therefore + do not like them to become rich, or noble, or valiant. Now our state will + escape both these causes of evil; the society is perfectly free, and has + plenty of leisure, and is not allowed by the laws to be absorbed in the + pursuit of wealth; hence we have an excellent field for a perfect + education, and for the introduction of martial pastimes. Let us proceed to + describe the character of these pastimes. All gymnastic exercises in our + state must have a military character; no other will be allowed. Activity + and quickness are most useful in war; and yet these qualities do not + attain their greatest efficiency unless the competitors are armed. The + runner should enter the lists in armour, and in the races which our + heralds proclaim, no prize is to be given except to armed warriors. Let + there be six courses—first, the stadium; secondly, the diaulos or + double course; thirdly, the horse course; fourthly, the long course; + fifthly, races (1) between heavy-armed soldiers who shall pass over sixty + stadia and finish at a temple of Ares, and (2) between still more + heavily-armed competitors who run over smoother ground; sixthly, a race + for archers, who shall run over hill and dale a distance of a hundred + stadia, and their goal shall be a temple of Apollo and Artemis. There + shall be three contests of each kind—one for boys, another for + youths, a third for men; the course for the boys we will fix at half, and + that for the youths at two-thirds of the entire length. Women shall join + in the races: young girls who are not grown up shall run naked; but after + thirteen they shall be suitably dressed; from thirteen to eighteen they + shall be obliged to share in these contests, and from eighteen to twenty + they may if they please and if they are unmarried. As to trials of + strength, single combats in armour, or battles between two and two, or of + any number up to ten, shall take the place of wrestling and the heavy + exercises. And there must be umpires, as there are now in wrestling, to + determine what is a fair hit and who is conqueror. Instead of the + pancratium, let there be contests in which the combatants carry bows and + wear light shields and hurl javelins and throw stones. The next provision + of the law will relate to horses, which, as we are in Crete, need be + rarely used by us, and chariots never; our horse-racing prizes will only + be given to single horses, whether colts, half-grown, or full-grown. Their + riders are to wear armour, and there shall be a competition between + mounted archers. Women, if they have a mind, may join in the exercises of + men. + </p> + <p> + But enough of gymnastics, and nearly enough of music. All musical contests + will take place at festivals, whether every third or every fifth year, + which are to be fixed by the guardians of the law, the judges of the + games, and the director of education, who for this purpose shall become + legislators and arrange times and conditions. The principles on which such + contests are to be ordered have been often repeated by the first + legislator; no more need be said of them, nor are the details of them + important. But there is another subject of the highest importance, which, + if possible, should be determined by the laws, not of man, but of God; or, + if a direct revelation is impossible, there is need of some bold man who, + alone against the world, will speak plainly of the corruption of human + nature, and go to war with the passions of mankind. 'We do not understand + you.' I will try to make my meaning plainer. In speaking of education, I + seemed to see young men and maidens in friendly intercourse with one + another; and there arose in my mind a natural fear about a state, in which + the young of either sex are well nurtured, and have little to do, and + occupy themselves chiefly with festivals and dances. How can they be saved + from those passions which reason forbids them to indulge, and which are + the ruin of so many? The prohibition of wealth, and the influence of + education, and the all-seeing eye of the ruler, will alike help to promote + temperance; but they will not wholly extirpate the unnatural loves which + have been the destruction of states; and against this evil what remedy can + be devised? Lacedaemon and Crete give no assistance here; on the subject + of love, as I may whisper in your ear, they are against us. Suppose a + person were to urge that you ought to restore the natural use which + existed before the days of Laius; he would be quite right, but he would + not be supported by public opinion in either of your states. Or try the + matter by the test which we apply to all laws,—who will say that the + permission of such things tends to virtue? Will he who is seduced learn + the habit of courage; or will the seducer acquire temperance? And will any + legislator be found to make such actions legal? + </p> + <p> + But to judge of this matter truly, we must understand the nature of love + and friendship, which may take very different forms. For we speak of + friendship, first, when there is some similarity or equality of virtue; + secondly, when there is some want; and either of these, when in excess, is + termed love. The first kind is gentle and sociable; the second is fierce + and unmanageable; and there is also a third kind, which is akin to both, + and is under the dominion of opposite principles. The one is of the body, + and has no regard for the character of the beloved; but he who is under + the influence of the other disregards the body, and is a looker rather + than a lover, and desires only with his soul to be knit to the soul of his + friend; while the intermediate sort is both of the body and of the soul. + Here are three kinds of love: ought the legislator to prohibit all of them + equally, or to allow the virtuous love to remain? 'The latter, clearly.' I + expected to gain your approval; but I will reserve the task of convincing + our friend Cleinias for another occasion. 'Very good.' To make right laws + on this subject is in one point of view easy, and in another most + difficult; for we know that in some cases most men abstain willingly from + intercourse with the fair. The unwritten law which prohibits members of + the same family from such intercourse is strictly obeyed, and no thought + of anything else ever enters into the minds of men in general. A little + word puts out the fire of their lusts. 'What is it?' The declaration that + such things are hateful to the Gods, and most abominable and unholy. The + reason is that everywhere, in jest and earnest alike, this is the doctrine + which is repeated to all from their earliest youth. They see on the stage + that an Oedipus or a Thyestes or a Macareus, when undeceived, are ready to + kill themselves. There is an undoubted power in public opinion when no + breath is heard adverse to the law; and the legislator who would enslave + these enslaving passions must consecrate such a public opinion all through + the city. 'Good: but how can you create it?' A fair objection; but I + promised to try and find some means of restraining loves to their natural + objects. A law which would extirpate unnatural love as effectually as + incest is at present extirpated, would be the source of innumerable + blessings, because it would be in accordance with nature, and would get + rid of excess in eating and drinking and of adulteries and frenzies, + making men love their wives, and having other excellent effects. I can + imagine that some lusty youth overhears what we are saying, and roars out + in abusive terms that we are legislating for impossibilities. And so a + person might have said of the syssitia, or common meals; but this is + refuted by facts, although even now they are not extended to women. + 'True.' There is no impossibility or super-humanity in my proposed law, as + I shall endeavour to prove. 'Do so.' Will not a man find abstinence more + easy when his body is sound than when he is in ill-condition? 'Yes.' Have + we not heard of Iccus of Tarentum and other wrestlers who abstained wholly + for a time? Yet they were infinitely worse educated than our citizens, and + far more lusty in their bodies. And shall they have abstained for the sake + of an athletic contest, and our citizens be incapable of a similar + endurance for the sake of a much nobler victory,—the victory over + pleasure, which is true happiness? Will not the fear of impiety enable + them to conquer that which many who were inferior to them have conquered? + 'I dare say.' And therefore the law must plainly declare that our citizens + should not fall below the other animals, who live all together in flocks, + and yet remain pure and chaste until the time of procreation comes, when + they pair, and are ever after faithful to their compact. But if the + corruption of public opinion is too great to allow our first law to be + carried out, then our guardians of the law must turn legislators, and try + their hand at a second law. They must minimize the appetites, diverting + the vigour of youth into other channels, allowing the practice of love in + secret, but making detection shameful. Three higher principles may be + brought to bear on all these corrupt natures. 'What are they?' Religion, + honour, and the love of the higher qualities of the soul. Perhaps this is + a dream only, yet it is the best of dreams; and if not the whole, still, + by the grace of God, a part of what we desire may be realized. Either men + may learn to abstain wholly from any loves, natural or unnatural, except + of their wedded wives; or, at least, they may give up unnatural loves; or, + if detected, they shall be punished with loss of citizenship, as aliens + from the state in their morals. 'I entirely agree with you,' said + Megillus, 'but Cleinias must speak for himself.' 'I will give my opinion + by-and-by.' + </p> + <p> + We were speaking of the syssitia, which will be a natural institution in a + Cretan colony. Whether they shall be established after the model of Crete + or Lacedaemon, or shall be different from either, is an unimportant + question which may be determined without difficulty. We may, therefore, + proceed to speak of the mode of life among our citizens, which will be far + less complex than in other cities; a state which is inland and not + maritime requires only half the number of laws. There is no trouble about + trade and commerce, and a thousand other things. The legislator has only + to regulate the affairs of husbandmen and shepherds, which will be easily + arranged, now that the principal questions, such as marriage, education, + and government, have been settled. + </p> + <p> + Let us begin with husbandry: First, let there be a law of Zeus against + removing a neighbour's landmark, whether he be a citizen or stranger. For + this is 'to move the immoveable'; and Zeus, the God of kindred, witnesses + to the wrongs of citizens, and Zeus, the God of strangers, to the wrongs + of strangers. The offence of removing a boundary shall receive two + punishments—the first will be inflicted by the God himself; the + second by the judges. In the next place, the differences between + neighbours about encroachments must be guarded against. He who encroaches + shall pay twofold the amount of the injury; of all such matters the + wardens of the country shall be the judges, in lesser cases the officers, + and in greater the whole number of them belonging to any one division. Any + injury done by cattle, the decoying of bees, the careless firing of woods, + the planting unduly near a neighbour's ground, shall all be visited with + proper damages. Such details have been determined by previous legislators, + and need not now be mixed up with greater matters. Husbandmen have had of + old excellent rules about streams and waters; and we need not 'divert + their course.' Anybody may take water from a common stream, if he does not + thereby cut off a private spring; he may lead the water in any direction, + except through a house or temple, but he must do no harm beyond the + channel. If land is without water the occupier shall dig down to the clay, + and if at this depth he find no water, he shall have a right of getting + water from his neighbours for his household; and if their supply is + limited, he shall receive from them a measure of water fixed by the + wardens of the country. If there be heavy rains, the dweller on the higher + ground must not recklessly suffer the water to flow down upon a neighbour + beneath him, nor must he who lives upon lower ground or dwells in an + adjoining house refuse an outlet. If the two parties cannot agree, they + shall go before the wardens of the city or country, and if a man refuse to + abide by their decision, he shall pay double the damage which he has + caused. + </p> + <p> + In autumn God gives us two boons—one the joy of Dionysus not to be + laid up—the other to be laid up. About the fruits of autumn let the + law be as follows: He who gathers the storing fruits of autumn, whether + grapes or figs, before the time of the vintage, which is the rising of + Arcturus, shall pay fifty drachmas as a fine to Dionysus, if he gathers on + his own ground; if on his neighbour's ground, a mina, and two-thirds of a + mina if on that of any one else. The grapes or figs not used for storing a + man may gather when he pleases on his own ground, but on that of others he + must pay the penalty of removing what he has not laid down. If he be a + slave who has gathered, he shall receive a stroke for every grape or fig. + A metic must purchase the choice fruit; but a stranger may pluck for + himself and his attendant. This right of hospitality, however, does not + extend to storing grapes. A slave who eats of the storing grapes or figs + shall be beaten, and the freeman be dismissed with a warning. Pears, + apples, pomegranates, may be taken secretly, but he who is detected in the + act of taking them shall be lightly beaten off, if he be not more than + thirty years of age. The stranger and the elder may partake of them, but + not carry any away; the latter, if he does not obey the law, shall fail in + the competition of virtue, if anybody brings up his offence against him. + </p> + <p> + Water is also in need of protection, being the greatest element of + nutrition, and, unlike the other elements—soil, air, and sun—which + conspire in the growth of plants, easily polluted. And therefore he who + spoils another's water, whether in springs or reservoirs, either by + trenching, or theft, or by means of poisonous substances, shall pay the + damage and purify the stream. At the getting-in of the harvest everybody + shall have a right of way over his neighbour's ground, provided he is + careful to do no damage beyond the trespass, or if he himself will gain + three times as much as his neighbour loses. Of all this the magistrates + are to take cognizance, and they are to assess the damage where the injury + does not exceed three minae; cases of greater damage can be tried only in + the public courts. A charge against a magistrate is to be referred to the + public courts, and any one who is found guilty of deciding corruptly shall + pay twofold to the aggrieved person. Matters of detail relating to + punishments and modes of procedure, and summonses, and witnesses to + summonses, do not require the mature wisdom of the aged legislator; the + younger generation may determine them according to their experience; but + when once determined, they shall remain unaltered. + </p> + <p> + The following are to be the regulations respecting handicrafts:—No + citizen, or servant of a citizen, is to practise them. For the citizen has + already an art and mystery, which is the care of the state; and no man can + practise two arts, or practise one and superintend another. No smith + should be a carpenter, and no carpenter, having many slaves who are + smiths, should look after them himself; but let each man practise one art + which shall be his means of livelihood. The wardens of the city should see + to this, punishing the citizen who offends with temporary deprival of his + rights—the foreigner shall be imprisoned, fined, exiled. Any + disputes about contracts shall be determined by the wardens of the city up + to fifty drachmae—above that sum by the public courts. No customs + are to be exacted either on imports or exports. Nothing unnecessary is to + be imported from abroad, whether for the service of the Gods or for the + use of man—neither purple, nor other dyes, nor frankincense,—and + nothing needed in the country is to be exported. These things are to be + decided on by the twelve guardians of the law who are next in seniority to + the five elders. Arms and the materials of war are to be imported and + exported only with the consent of the generals, and then only by the + state. There is to be no retail trade either in these or any other + articles. For the distribution of the produce of the country, the Cretan + laws afford a rule which may be usefully followed. All shall be required + to distribute corn, grain, animals, and other valuable produce, into + twelve portions. Each of these shall be subdivided into three parts—one + for freemen, another for servants, and the third shall be sold for the + supply of artisans, strangers, and metics. These portions must be equal + whether the produce be much or little; and the master of a household may + distribute the two portions among his family and his slaves as he pleases—the + remainder is to be measured out to the animals. + </p> + <p> + Next as to the houses in the country—there shall be twelve villages, + one in the centre of each of the twelve portions; and in every village + there shall be temples and an agora—also shrines for heroes or for + any old Magnesian deities who linger about the place. In every division + there shall be temples of Hestia, Zeus, and Athene, as well as of the + local deity, surrounded by buildings on eminences, which will be the + guard-houses of the rural police. The dwellings of the artisans will be + thus arranged:—The artisans shall be formed into thirteen guilds, + one of which will be divided into twelve parts and settled in the city; of + the rest there shall be one in each division of the country. And the + magistrates will fix them on the spots where they will cause the least + inconvenience and be most serviceable in supplying the wants of the + husbandmen. + </p> + <p> + The care of the agora will fall to the wardens of the agora. Their first + duty will be the regulation of the temples which surround the + market-place; and their second to see that the markets are orderly and + that fair dealing is observed. They will also take care that the sales + which the citizens are required to make to strangers are duly executed. + The law shall be, that on the first day of each month the auctioneers to + whom the sale is entrusted shall offer grain; and at this sale a twelfth + part of the whole shall be exposed, and the foreigner shall supply his + wants for a month. On the tenth, there shall be a sale of liquids, and on + the twenty-third of animals, skins, woven or woollen stuffs, and other + things which husbandmen have to sell and foreigners want to buy. None of + these commodities, any more than barley or flour, or any other food, may + be retailed by a citizen to a citizen; but foreigners may sell them to one + another in the foreigners' market. There must also be butchers who will + sell parts of animals to foreigners and craftsmen, and their servants; and + foreigners may buy firewood wholesale of the commissioners of woods, and + may sell retail to foreigners. All other goods must be sold in the market, + at some place indicated by the magistrates, and shall be paid for on the + spot. He who gives credit, and is cheated, will have no redress. In buying + or selling, any excess or diminution of what the law allows shall be + registered. The same rule is to be observed about the property of metics. + Anybody who practises a handicraft may come and remain twenty years from + the day on which he is enrolled; at the expiration of this time he shall + take what he has and depart. The only condition which is to be imposed + upon him as the tax of his sojourn is good conduct; and he is not to pay + any tax for being allowed to buy or sell. But if he wants to extend the + time of his sojourn, and has done any service to the state, and he can + persuade the council and assembly to grant his request, he may remain. The + children of metics may also be metics; and the period of twenty years, + during which they are permitted to sojourn, is to count, in their case, + from their fifteenth year. + </p> + <p> + No mention occurs in the Laws of the doctrine of Ideas. The will of God, + the authority of the legislator, and the dignity of the soul, have taken + their place in the mind of Plato. If we ask what is that truth or + principle which, towards the end of his life, seems to have absorbed him + most, like the idea of good in the Republic, or of beauty in the + Symposium, or of the unity of virtue in the Protagoras, we should answer—The + priority of the soul to the body: his later system mainly hangs upon this. + In the Laws, as in the Sophist and Statesman, we pass out of the region of + metaphysical or transcendental ideas into that of psychology. + </p> + <p> + The opening of the fifth book, though abrupt and unconnected in style, is + one of the most elevated passages in Plato. The religious feeling which he + seeks to diffuse over the commonest actions of life, the blessedness of + living in the truth, the great mistake of a man living for himself, the + pity as well as anger which should be felt at evil, the kindness due to + the suppliant and the stranger, have the temper of Christian philosophy. + The remark that elder men, if they want to educate others, should begin by + educating themselves; the necessity of creating a spirit of obedience in + the citizens; the desirableness of limiting property; the importance of + parochial districts, each to be placed under the protection of some God or + demigod, have almost the tone of a modern writer. In many of his views of + politics, Plato seems to us, like some politicians of our own time, to be + half socialist, half conservative. + </p> + <p> + In the Laws, we remark a change in the place assigned by him to pleasure + and pain. There are two ways in which even the ideal systems of morals may + regard them: either like the Stoics, and other ascetics, we may say that + pleasure must be eradicated; or if this seems unreal to us, we may affirm + that virtue is the true pleasure; and then, as Aristotle says, 'to be + brought up to take pleasure in what we ought, exercises a great and + paramount influence on human life' (Arist. Eth. Nic.). Or as Plato says in + the Laws, 'A man will recognize the noblest life as having the greatest + pleasure and the least pain, if he have a true taste.' If we admit that + pleasures differ in kind, the opposition between these two modes of + speaking is rather verbal than real; and in the greater part of the + writings of Plato they alternate with each other. In the Republic, the + mere suggestion that pleasure may be the chief good, is received by + Socrates with a cry of abhorrence; but in the Philebus, innocent pleasures + vindicate their right to a place in the scale of goods. In the Protagoras, + speaking in the person of Socrates rather than in his own, Plato admits + the calculation of pleasure to be the true basis of ethics, while in the + Phaedo he indignantly denies that the exchange of one pleasure for another + is the exchange of virtue. So wide of the mark are they who would + attribute to Plato entire consistency in thoughts or words. + </p> + <p> + He acknowledges that the second state is inferior to the first—in + this, at any rate, he is consistent; and he still casts longing eyes upon + the ideal. Several features of the first are retained in the second: the + education of men and women is to be as far as possible the same; they are + to have common meals, though separate, the men by themselves, the women + with their children; and they are both to serve in the army; the citizens, + if not actually communists, are in spirit communistic; they are to be + lovers of equality; only a certain amount of wealth is permitted to them, + and their burdens and also their privileges are to be proportioned to + this. The constitution in the Laws is a timocracy of wealth, modified by + an aristocracy of merit. Yet the political philosopher will observe that + the first of these two principles is fixed and permanent, while the latter + is uncertain and dependent on the opinion of the multitude. Wealth, after + all, plays a great part in the Second Republic of Plato. Like other + politicians, he deems that a property qualification will contribute + stability to the state. The four classes are derived from the constitution + of Athens, just as the form of the city, which is clustered around a + citadel set on a hill, is suggested by the Acropolis at Athens. Plato, + writing under Pythagorean influences, seems really to have supposed that + the well-being of the city depended almost as much on the number 5040 as + on justice and moderation. But he is not prevented by Pythagoreanism from + observing the effects which climate and soil exercise on the characters of + nations. + </p> + <p> + He was doubtful in the Republic whether the ideal or communistic state + could be realized, but was at the same time prepared to maintain that + whether it existed or not made no difference to the philosopher, who will + in any case regulate his life by it (Republic). He has now lost faith in + the practicability of his scheme—he is speaking to 'men, and not to + Gods or sons of Gods' (Laws). Yet he still maintains it to be the true + pattern of the state, which we must approach as nearly as possible: as + Aristotle says, 'After having created a more general form of state, he + gradually brings it round to the other' (Pol.). He does not observe, + either here or in the Republic, that in such a commonwealth there would be + little room for the development of individual character. In several + respects the second state is an improvement on the first, especially in + being based more distinctly on the dignity of the soul. The standard of + truth, justice, temperance, is as high as in the Republic;—in one + respect higher, for temperance is now regarded, not as a virtue, but as + the condition of all virtue. It is finally acknowledged that the virtues + are all one and connected, and that if they are separated, courage is the + lowest of them. The treatment of moral questions is less speculative but + more human. The idea of good has disappeared; the excellences of + individuals—of him who is faithful in a civil broil, of the examiner + who is incorruptible, are the patterns to which the lives of the citizens + are to conform. Plato is never weary of speaking of the honour of the + soul, which can only be honoured truly by being improved. To make the soul + as good as possible, and to prepare her for communion with the Gods in + another world by communion with divine virtue in this, is the end of life. + If the Republic is far superior to the Laws in form and style, and perhaps + in reach of thought, the Laws leave on the mind of the modern reader much + more strongly the impression of a struggle against evil, and an enthusiasm + for human improvement. When Plato says that he must carry out that part of + his ideal which is practicable, he does not appear to have reflected that + part of an ideal cannot be detached from the whole. + </p> + <p> + The great defect of both his constitutions is the fixedness which he seeks + to impress upon them. He had seen the Athenian empire, almost within the + limits of his own life, wax and wane, but he never seems to have asked + himself what would happen if, a century from the time at which he was + writing, the Greek character should have as much changed as in the century + which had preceded. He fails to perceive that the greater part of the + political life of a nation is not that which is given them by their + legislators, but that which they give themselves. He has never reflected + that without progress there cannot be order, and that mere order can only + be preserved by an unnatural and despotic repression. The possibility of a + great nation or of an universal empire arising never occurred to him. He + sees the enfeebled and distracted state of the Hellenic world in his own + later life, and thinks that the remedy is to make the laws unchangeable. + The same want of insight is apparent in his judgments about art. He would + like to have the forms of sculpture and of music fixed as in Egypt. He + does not consider that this would be fatal to the true principles of art, + which, as Socrates had himself taught, was to give life (Xen. Mem.). We + wonder how, familiar as he was with the statues of Pheidias, he could have + endured the lifeless and half-monstrous works of Egyptian sculpture. The + 'chants of Isis' (Laws), we might think, would have been barbarous in an + Athenian ear. But although he is aware that there are some things which + are not so well among 'the children of the Nile,' he is deeply struck with + the stability of Egyptian institutions. Both in politics and in art Plato + seems to have seen no way of bringing order out of disorder, except by + taking a step backwards. Antiquity, compared with the world in which he + lived, had a sacredness and authority for him: the men of a former age + were supposed by him to have had a sense of reverence which was wanting + among his contemporaries. He could imagine the early stages of + civilization; he never thought of what the future might bring forth. His + experience is confined to two or three centuries, to a few Greek states, + and to an uncertain report of Egypt and the East. There are many ways in + which the limitations of their knowledge affected the genius of the + Greeks. In criticism they were like children, having an acute vision of + things which were near to them, blind to possibilities which were in the + distance. + </p> + <p> + The colony is to receive from the mother-country her original + constitution, and some of the first guardians of the law. The guardians of + the law are to be ministers of justice, and the president of education is + to take precedence of them all. They are to keep the registers of + property, to make regulations for trade, and they are to be superannuated + at seventy years of age. Several questions of modern politics, such as the + limitation of property, the enforcement of education, the relations of + classes, are anticipated by Plato. He hopes that in his state will be + found neither poverty nor riches; every man having the necessaries of + life, he need not go fortune-hunting in marriage. Almost in the spirit of + the Gospel he would say, 'How hardly can a rich man dwell in a perfect + state.' For he cannot be a good man who is always gaining too much and + spending too little (Laws; compare Arist. Eth. Nic.). Plato, though he + admits wealth as a political element, would deny that material prosperity + can be the foundation of a really great community. A man's soul, as he + often says, is more to be esteemed than his body; and his body than + external goods. He repeats the complaint which has been made in all ages, + that the love of money is the corruption of states. He has a sympathy with + thieves and burglars, 'many of whom are men of ability and greatly to be + pitied, because their souls are hungering and thirsting all their lives + long;' but he has little sympathy with shopkeepers or retailers, although + he makes the reflection, which sometimes occurs to ourselves, that such + occupations, if they were carried on honestly by the best men and women, + would be delightful and honourable. For traders and artisans a moderate + gain was, in his opinion, best. He has never, like modern writers, + idealized the wealth of nations, any more than he has worked out the + problems of political economy, which among the ancients had not yet grown + into a science. The isolation of Greek states, their constant wars, the + want of a free industrial population, and of the modern methods and + instruments of 'credit,' prevented any great extension of commerce among + them; and so hindered them from forming a theory of the laws which + regulate the accumulation and distribution of wealth. + </p> + <p> + The constitution of the army is aristocratic and also democratic; official + appointment is combined with popular election. The two principles are + carried out as follows: The guardians of the law nominate generals out of + whom three are chosen by those who are or have been of the age for + military service; and the generals elected have the nomination of certain + of the inferior officers. But if either in the case of generals or of the + inferior officers any one is ready to swear that he knows of a better man + than those nominated, he may put the claims of his candidate to the vote + of the whole army, or of the division of the service which he will, if + elected, command. There is a general assembly, but its functions, except + at elections, are hardly noticed. In the election of the Boule, Plato + again attempts to mix aristocracy and democracy. This is effected, first + as in the Servian constitution, by balancing wealth and numbers; for it + cannot be supposed that those who possessed a higher qualification were + equal in number with those who had a lower, and yet they have an equal + number of representatives. In the second place, all classes are compelled + to vote in the election of senators from the first and second class; but + the fourth class is not compelled to elect from the third, nor the third + and fourth from the fourth. Thirdly, out of the 180 persons who are thus + chosen from each of the four classes, 720 in all, 360 are to be taken by + lot; these form the council for the year. + </p> + <p> + These political adjustments of Plato's will be criticised by the practical + statesman as being for the most part fanciful and ineffectual. He will + observe, first of all, that the only real check on democracy is the + division into classes. The second of the three proposals, though + ingenious, and receiving some light from the apathy to politics which is + often shown by the higher classes in a democracy, would have little power + in times of excitement and peril, when the precaution was most needed. At + such political crises, all the lower classes would vote equally with the + higher. The subtraction of half the persons chosen at the first election + by the chances of the lot would not raise the character of the senators, + and is open to the objection of uncertainty, which necessarily attends + this and similar schemes of double representative government. Nor can the + voters be expected to retain the continuous political interest required + for carrying out such a proposal as Plato's. Who could select 180 persons + of each class, fitted to be senators? And whoever were chosen by the voter + in the first instance, his wishes might be neutralized by the action of + the lot. Yet the scheme of Plato is not really so extravagant as the + actual constitution of Athens, in which all the senators appear to have + been elected by lot (apo kuamou bouleutai), at least, after the revolution + made by Cleisthenes; for the constitution of the senate which was + established by Solon probably had some aristocratic features, though their + precise nature is unknown to us. The ancients knew that election by lot + was the most democratic of all modes of appointment, seeming to say in the + objectionable sense, that 'one man is as good as another.' Plato, who is + desirous of mingling different elements, makes a partial use of the lot, + which he applies to candidates already elected by vote. He attempts also + to devise a system of checks and balances such as he supposes to have been + intended by the ancient legislators. We are disposed to say to him, as he + himself says in a remarkable passage, that 'no man ever legislates, but + accidents of all sorts, which legislate for us in all sorts of ways. The + violence of war and the hard necessity of poverty are constantly + overturning governments and changing laws.' And yet, as he adds, the true + legislator is still required: he must co-operate with circumstances. Many + things which are ascribed to human foresight are the result of chance. + Ancient, and in a less degree modern political constitutions, are never + consistent with themselves, because they are never framed on a single + design, but are added to from time to time as new elements arise and gain + the preponderance in the state. We often attribute to the wisdom of our + ancestors great political effects which have sprung unforeseen from the + accident of the situation. Power, not wisdom, is most commonly the source + of political revolutions. And the result, as in the Roman Republic, of the + co-existence of opposite elements in the same state is, not a balance of + power or an equable progress of liberal principles, but a conflict of + forces, of which one or other may happen to be in the ascendant. In Greek + history, as well as in Plato's conception of it, this 'progression by + antagonism' involves reaction: the aristocracy expands into democracy and + returns again to tyranny. + </p> + <p> + The constitution of the Laws may be said to consist, besides the + magistrates, mainly of three elements,—an administrative Council, + the judiciary, and the Nocturnal Council, which is an intellectual + aristocracy, composed of priests and the ten eldest guardians of the law + and some younger co-opted members. To this latter chiefly are assigned the + functions of legislation, but to be exercised with a sparing hand. The + powers of the ordinary council are administrative rather than legislative. + The whole number of 360, as in the Athenian constitution, is distributed + among the months of the year according to the number of the tribes. Not + more than one-twelfth is to be in office at once, so that the government + would be made up of twelve administrations succeeding one another in the + course of the year. They are to exercise a general superintendence, and, + like the Athenian counsellors, are to preside in monthly divisions over + all assemblies. Of the ecclesia over which they presided little is said, + and that little relates to comparatively trifling duties. Nothing is less + present to the mind of Plato than a House of Commons, carrying on year by + year the work of legislation. For he supposes the laws to be already + provided. As little would he approve of a body like the Roman Senate. The + people and the aristocracy alike are to be represented, not by assemblies, + but by officers elected for one or two years, except the guardians of the + law, who are elected for twenty years. + </p> + <p> + The evils of this system are obvious. If in any state, as Plato says in + the Statesman, it is easier to find fifty good draught-players than fifty + good rulers, the greater part of the 360 who compose the council must be + unfitted to rule. The unfitness would be increased by the short period + during which they held office. There would be no traditions of government + among them, as in a Greek or Italian oligarchy, and no individual would be + responsible for any of their acts. Everything seems to have been + sacrificed to a false notion of equality, according to which all have a + turn of ruling and being ruled. In the constitution of the Magnesian state + Plato has not emancipated himself from the limitations of ancient + politics. His government may be described as a democracy of magistrates + elected by the people. He never troubles himself about the political + consistency of his scheme. He does indeed say that the greater part of the + good of this world arises, not from equality, but from proportion, which + he calls the judgment of Zeus (compare Aristotle's Distributive Justice), + but he hardly makes any attempt to carry out the principle in practice. + There is no attempt to proportion representation to merit; nor is there + any body in his commonwealth which represents the life either of a class + or of the whole state. The manner of appointing magistrates is taken + chiefly from the old democratic constitution of Athens, of which it + retains some of the worst features, such as the use of the lot, while by + doing away with the political character of the popular assembly the + mainspring of the machine is taken out. The guardians of the law, + thirty-seven in number, of whom the ten eldest reappear as a part of the + Nocturnal Council at the end of the twelfth book, are to be elected by the + whole military class, but they are to hold office for twenty years, and + would therefore have an oligarchical rather than a democratic character. + Nothing is said of the manner in which the functions of the Nocturnal + Council are to be harmonized with those of the guardians of the law, or as + to how the ordinary council is related to it. + </p> + <p> + Similar principles are applied to inferior offices. To some the + appointment is made by vote, to others by lot. In the elections to the + priesthood, Plato endeavours to mix or balance in a friendly manner 'demus + and not demus.' The commonwealth of the Laws, like the Republic, cannot + dispense with a spiritual head, which is the same in both—the oracle + of Delphi. From this the laws about all divine things are to be derived. + The final selection of the Interpreters, the choice of an heir for a + vacant lot, the punishment for removing a deposit, are also to be + determined by it. Plato is not disposed to encourage amateur attempts to + revive religion in states. For, as he says in the Laws, 'To institute + religious rites is the work of a great intelligence.' + </p> + <p> + Though the council is framed on the model of the Athenian Boule, the law + courts of Plato do not equally conform to the pattern of the Athenian + dicasteries. Plato thinks that the judges should speak and ask questions:—this + is not possible if they are numerous; he would, therefore, have a few + judges only, but good ones. He is nevertheless aware that both in public + and private suits there must be a popular element. He insists that the + whole people must share in the administration of justice—in public + causes they are to take the first step, and the final decision is to + remain with them. In private suits they are also to retain a share; 'for + the citizen who has no part in the administration of justice is apt to + think that he has no share in the state. For this reason there is to be a + court of law in every tribe (i.e. for about every 2,000 citizens), and the + judges are to be chosen by lot.' Of the courts of law he gives what he + calls a superficial sketch. Nor, indeed is it easy to reconcile his + various accounts of them. It is however clear that although some + officials, like the guardians of the law, the wardens of the agora, city, + and country have power to inflict minor penalties, the administration of + justice is in the main popular. 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. + </p> + <p> + 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. + They are to be elected annually, and therefore probably for a year only, + and are liable to be called to account before the guardians of the law. In + cases of which death is the penalty, the trial takes place before a + special court, which is composed of the guardians of the law and of the + judges of appeal. + </p> + <p> + In treating of the subject in Book ix, he proposes to leave for the most + part the methods of procedure to a younger generation of legislators; the + procedure in capital causes he determines himself. He insists that the + vote of the judges shall be given openly, and before they vote they are to + hear speeches from the plaintiff and defendant. They are then to take + evidence in support of what has been said, and to examine witnesses. The + eldest judge is to ask his questions first, and then the second, and then + the third. The interrogatories are to continue for three days, and the + evidence is to be written down. Apparently he does not expect the judges + to be professional lawyers, any more than he expects the members of the + council to be trained statesmen. + </p> + <p> + In forming marriage connexions, Plato supposes that the public interest + will prevail over private inclination. There was nothing in this very + shocking to the notions of Greeks, among whom the feeling of love towards + the other sex was almost deprived of sentiment or romance. Married life is + to be regulated solely with a view to the good of the state. The + newly-married couple are not allowed to absent themselves from their + respective syssitia, even during their honeymoon; they are to give their + whole mind to the procreation of children; their duties to one another at + a later period of life are not a matter about which the state is equally + solicitous. Divorces are readily allowed for incompatibility of temper. As + in the Republic, physical considerations seem almost to exclude moral and + social ones. To modern feelings there is a degree of coarseness in Plato's + treatment of the subject. Yet he also makes some shrewd remarks on + marriage, as for example, that a man who does not marry for money will not + be the humble servant of his wife. And he shows a true conception of the + nature of the family, when he requires that the newly-married couple + 'should leave their father and mother,' and have a separate home. He also + provides against extravagance in marriage festivals, which in some states + of society, for instance in the case of the Hindoos, has been a social + evil of the first magnitude. + </p> + <p> + In treating of property, Plato takes occasion to speak of property in + slaves. They are to be treated with perfect justice; but, for their own + sake, to be kept at a distance. The motive is not so much humanity to the + slave, of which there are hardly any traces (although Plato allows that + many in the hour of peril have found a slave more attached than members of + their own family), but the self-respect which the freeman and citizen owes + to himself (compare Republic). If they commit crimes, they are doubly + punished; if they inform against illegal practices of their masters, they + are to receive a protection, which would probably be ineffectual, from the + guardians of the law; in rare cases they are to be set free. Plato still + breathes the spirit of the old Hellenic world, in which slavery was a + necessity, because leisure must be provided for the citizen. + </p> + <p> + The education propounded in the Laws differs in several points from that + of the Republic. Plato seems to have reflected as deeply and earnestly on + the importance of infancy as Rousseau, or Jean Paul (compare the saying of + the latter—'Not the moment of death, but the moment of birth, is + probably the more important'). He would fix the amusements of children in + the hope of fixing their characters in after-life. In the spirit of the + statesman who said, 'Let me make the ballads of a country, and I care not + who make their laws,' Plato would say, 'Let the amusements of children be + unchanged, and they will not want to change the laws. The 'Goddess + Harmonia' plays a great part in Plato's ideas of education. The natural + restless force of life in children, 'who do nothing but roar until they + are three years old,' is gradually to be reduced to law and order. As in + the Republic, he fixes certain forms in which songs are to be composed: + (1) they are to be strains of cheerfulness and good omen; (2) they are to + be hymns or prayers addressed to the Gods; (3) they are to sing only of + the lawful and good. The poets are again expelled or rather ironically + invited to depart; and those who remain are required to submit their poems + to the censorship of the magistrates. Youth are no longer compelled to + commit to memory many thousand lyric and tragic Greek verses; yet, + perhaps, a worse fate is in store for them. Plato has no belief in + 'liberty of prophesying'; and having guarded against the dangers of lyric + poetry, he remembers that there is an equal danger in other writings. He + cannot leave his old enemies, the Sophists, in possession of the field; + and therefore he proposes that youth shall learn by heart, instead of the + compositions of poets or prose writers, his own inspired work on laws. + These, and music and mathematics, are the chief parts of his education. + </p> + <p> + Mathematics are to be cultivated, not as in the Republic with a view to + the science of the idea of good,—though the higher use of them is + not altogether excluded,—but rather with a religious and political + aim. They are a sacred study which teaches men how to distribute the + portions of a state, and which is to be pursued in order that they may + learn not to blaspheme about astronomy. Against three mathematical errors + Plato is in profound earnest. First, the error of supposing that the three + dimensions of length, breadth, and height, are really commensurable with + one another. The difficulty which he feels is analogous to the difficulty + which he formerly felt about the connexion of ideas, and is equally + characteristic of ancient philosophy: he fixes his mind on the point of + difference, and cannot at the same time take in the similarity. Secondly, + he is puzzled about the nature of fractions: in the Republic, he is + disposed to deny the possibility of their existence. Thirdly, his optimism + leads him to insist (unlike the Spanish king who thought that he could + have improved on the mechanism of the heavens) on the perfect or circular + movement of the heavenly bodies. He appears to mean, that instead of + regarding the stars as overtaking or being overtaken by one another, or as + planets wandering in many paths, a more comprehensive survey of the + heavens would enable us to infer that they all alike moved in a circle + around a centre (compare Timaeus; Republic). He probably suspected, though + unacquainted with the true cause, that the appearance of the heavens did + not agree with the reality: at any rate, his notions of what was right or + fitting easily overpowered the results of actual observation. To the early + astronomers, who lived at the revival of science, as to Plato, there was + nothing absurd in a priori astronomy, and they would probably have made + fewer real discoveries of they had followed any other track. (Compare + Introduction to the Republic.) + </p> + <p> + The science of dialectic is nowhere mentioned by name in the Laws, nor is + anything said of the education of after-life. The child is to begin to + learn at ten years of age: he is to be taught reading and writing for + three years, from ten to thirteen, and no longer; and for three years + more, from thirteen to sixteen, he is to be instructed in music. The great + fault which Plato finds in the contemporary education is the almost total + ignorance of arithmetic and astronomy, in which the Greeks would do well + to take a lesson from the Egyptians (compare Republic). Dancing and + wrestling are to have a military character, and women as well as men are + to be taught the use of arms. The military spirit which Plato has vainly + endeavoured to expel in the first two books returns again in the seventh + and eighth. He has evidently a sympathy with the soldier, as well as with + the poet, and he is no mean master of the art, or at least of the theory, + of war (compare Laws; Republic), though inclining rather to the Spartan + than to the Athenian practice of it (Laws). Of a supreme or master science + which was to be the 'coping-stone' of the rest, few traces appear in the + Laws. He seems to have lost faith in it, or perhaps to have realized that + the time for such a science had not yet come, and that he was unable to + fill up the outline which he had sketched. There is no requirement that + the guardians of the law shall be philosophers, although they are to know + the unity of virtue, and the connexion of the sciences. Nor are we told + that the leisure of the citizens, when they are grown up, is to be devoted + to any intellectual employment. In this respect we note a falling off from + the Republic, but also there is 'the returning to it' of which Aristotle + speaks in the Politics. The public and family duties of the citizens are + to be their main business, and these would, no doubt, take up a great deal + more time than in the modern world we are willing to allow to either of + them. Plato no longer entertains the idea of any regular training to be + pursued under the superintendence of the state from eighteen to thirty, or + from thirty to thirty-five; he has taken the first step downwards on + 'Constitution Hill' (Republic). But he maintains as earnestly as ever that + 'to men living under this second polity there remains the greatest of all + works, the education of the soul,' and that no bye-work should be allowed + to interfere with it. Night and day are not long enough for the + consummation of it. + </p> + <p> + Few among us are either able or willing to carry education into later + life; five or six years spent at school, three or four at a university, or + in the preparation for a profession, an occasional attendance at a lecture + to which we are invited by friends when we have an hour to spare from + house-keeping or money-making—these comprise, as a matter of fact, + the education even of the educated; and then the lamp is extinguished + 'more truly than Heracleitus' sun, never to be lighted again' (Republic). + The description which Plato gives in the Republic of the state of adult + education among his contemporaries may be applied almost word for word to + our own age. He does not however acquiesce in this widely-spread want of a + higher education; he would rather seek to make every man something of a + philosopher before he enters on the duties of active life. But in the Laws + he no longer prescribes any regular course of study which is to be pursued + in mature years. Nor does he remark that the education of after-life is of + another kind, and must consist with the majority of the world rather in + the improvement of character than in the acquirement of knowledge. It + comes from the study of ourselves and other men: from moderation and + experience: from reflection on circumstances: from the pursuit of high + aims: from a right use of the opportunities of life. It is the + preservation of what we have been, and the addition of something more. The + power of abstract study or continuous thought is very rare, but such a + training as this can be given by every one to himself. + </p> + <p> + The singular passage in Book vii., in which Plato describes life as a + pastime, like many other passages in the Laws is imperfectly expressed. + Two thoughts seem to be struggling in his mind: first, the reflection, to + which he returns at the end of the passage, that men are playthings or + puppets, and that God only is the serious aim of human endeavours; this + suggests to him the afterthought that, although playthings, they are the + playthings of the Gods, and that this is the best of them. The cynical, + ironical fancy of the moment insensibly passes into a religious sentiment. + In another passage he says that life is a game of which God, who is the + player, shifts the pieces so as to procure the victory of good on the + whole. Or once more: Tragedies are acted on the stage; but the best and + noblest of them is the imitation of the noblest life, which we affirm to + be the life of our whole state. Again, life is a chorus, as well as a sort + of mystery, in which we have the Gods for playmates. Men imagine that war + is their serious pursuit, and they make war that they may return to their + amusements. But neither wars nor amusements are the true satisfaction of + men, which is to be found only in the society of the Gods, in sacrificing + to them and propitiating them. Like a Christian ascetic, Plato seems to + suppose that life should be passed wholly in the enjoyment of divine + things. And after meditating in amazement on the sadness and unreality of + the world, he adds, in a sort of parenthesis, 'Be cheerful, Sirs' + (Shakespeare, Tempest.) + </p> + <p> + In one of the noblest passages of Plato, he speaks of the relation of the + sexes. Natural relations between members of the same family have been + established of old; a 'little word' has put a stop to incestuous + connexions. But unnatural unions of another kind continued to prevail at + Crete and Lacedaemon, and were even justified by the example of the Gods. + They, too, might be banished, if the feeling that they were unholy and + abominable could sink into the minds of men. The legislator is to cry + aloud, and spare not, 'Let not men fall below the level of the beasts.' + Plato does not shrink, like some modern philosophers, from 'carrying on + war against the mightiest lusts of mankind;' neither does he expect to + extirpate them, but only to confine them to their natural use and purpose, + by the enactments of law, and by the influence of public opinion. He will + not feed them by an over-luxurious diet, nor allow the healthier instincts + of the soul to be corrupted by music and poetry. The prohibition of + excessive wealth is, as he says, a very considerable gain in the way of + temperance, nor does he allow of those enthusiastic friendships between + older and younger persons which in his earlier writings appear to be + alluded to with a certain degree of amusement and without reproof (compare + Introduction to the Symposium). Sappho and Anacreon are celebrated by him + in the Charmides and the Phaedrus; but they would have been expelled from + the Magnesian state. + </p> + <p> + Yet he does not suppose that the rule of absolute purity can be enforced + on all mankind. Something must be conceded to the weakness of human + nature. He therefore adopts a 'second legal standard of honourable and + dishonourable, having a second standard of right.' He would abolish + altogether 'the connexion of men with men...As to women, if any man has to + do with any but those who come into his house duly married by sacred + rites, and he offends publicly in the face of all mankind, we shall be + right in enacting that he be deprived of civic honours and privileges.' + But feeling also that it is impossible wholly to control the mightiest + passions of mankind,' Plato, like other legislators, makes a compromise. + The offender must not be found out; decency, if not morality, must be + respected. In this he appears to agree with the practice of all civilized + ages and countries. Much may be truly said by the moralist on the + comparative harm of open and concealed vice. Nor do we deny that some + moral evils are better turned out to the light, because, like diseases, + when exposed, they are more easily cured. And secrecy introduces mystery + which enormously exaggerates their power; a mere animal want is thus + elevated into a sentimental ideal. It may very well be that a word spoken + in season about things which are commonly concealed may have an excellent + effect. But having regard to the education of youth, to the innocence of + children, to the sensibilities of women, to the decencies of society, + Plato and the world in general are not wrong in insisting that some of the + worst vices, if they must exist, should be kept out of sight; this, though + only a second-best rule, is a support to the weakness of human nature. + There are some things which may be whispered in the closet, but should not + be shouted on the housetop. It may be said of this, as of many other + things, that it is a great part of education to know to whom they are to + be spoken of, and when, and where. + </p> + <p> + BOOK IX. Punishments of offences and modes of procedure come next in + order. We have a sense of disgrace in making regulations for all the + details of crime in a virtuous and well-ordered state. But seeing that we + are legislating for men and not for Gods, there is no uncharitableness in + apprehending that some one of our citizens may have a heart, like the seed + which has touched the ox's horn, so hard as to be impenetrable to the law. + Let our first enactment be directed against the robbing of temples. No + well-educated citizen will be guilty of such a crime, but one of their + servants, or some stranger, may, and with a view to him, and at the same + time with a remoter eye to the general infirmity of human nature, I will + lay down the law, beginning with a prelude. To the intending robber we + will say—O sir, the complaint which troubles you is not human; but + some curse has fallen upon you, inherited from the crimes of your + ancestors, of which you must purge yourself: go and sacrifice to the Gods, + associate with the good, avoid the wicked; and if you are cured of the + fatal impulse, well; but if not, acknowledge death to be better than life, + and depart. + </p> + <p> + These are the accents, soft and low, in which we address the would-be + criminal. And if he will not listen, then cry aloud as with the sound of a + trumpet: Whosoever robs a temple, if he be a slave or foreigner shall be + branded in the face and hands, and scourged, and cast naked beyond the + border. And perhaps this may improve him: for the law aims either at the + reformation of the criminal, or the repression of crime. No punishment is + designed to inflict useless injury. But if the offender be a citizen, he + must be incurable, and for him death is the only fitting penalty. His + iniquity, however, shall not be visited on his children, nor shall his + property be confiscated. + </p> + <p> + As to the exaction of penalties, any person who is fined for an offence + shall not be liable to pay the fine, unless he have property in excess of + his lot. For the lots must never go uncultivated for lack of means; the + guardians of the law are to provide against this. If a fine is inflicted + upon a man which he cannot pay, and for which his friends are unwilling to + give security, he shall be imprisoned and otherwise dishonoured. But no + criminal shall go unpunished:—whether death, or imprisonment, or + stripes, or fines, or the stocks, or banishment to a remote temple, be the + penalty. Capital offences shall come under the cognizance of the guardians + of the law, and a college of the best of the last year's magistrates. The + order of suits and similar details we shall leave to the lawgivers of the + future, and only determine the mode of voting. The judges are to sit in + order of seniority, and the proceedings shall begin with the speeches of + the plaintiff and the defendant; and then the judges, beginning with the + eldest, shall ask questions and collect evidence during three days, which, + at the end of each day, shall be deposited in writing under their seals on + the altar of Hestia; and when they have evidence enough, after a solemn + declaration that they will decide justly, they shall vote and end the + case. The votes are to be given openly in the presence of the citizens. + </p> + <p> + Next to religion, the preservation of the constitution is the first object + of the law. The greatest enemy of the state is he who attempts to set up a + tyrant, or breeds plots and conspiracies; not far below him in guilt is a + magistrate who either knowingly, or in ignorance, fails to bring the + offender to justice. Any one who is good for anything will give + information against traitors. The mode of proceeding at such trials will + be the same as at trials for sacrilege; the penalty, death. But neither in + this case nor in any other is the son to bear the iniquity of the father, + unless father, grandfather, great-grandfather, have all of them been + capitally convicted, and then the family of the criminal are to be sent + off to the country of their ancestor, retaining their property, with the + exception of the lot and its fixtures. And ten are to be selected from the + younger sons of the other citizens—one of whom is to be chosen by + the oracle of Delphi to be heir of the lot. + </p> + <p> + Our third law will be a general one, concerning the procedure and the + judges in cases of treason. As regards the remaining or departure of the + family of the offender, the same law shall apply equally to the traitor, + the sacrilegious, and the conspirator. + </p> + <p> + A thief, whether he steals much or little, must refund twice the amount, + if he can do so without impairing his lot; if he cannot, he must go to + prison until he either pays the plaintiff, or in case of a public theft, + the city, or they agree to forgive him. 'But should all kinds of theft + incur the same penalty?' You remind me of what I know—that + legislation is never perfect. The men for whom laws are now made may be + compared to the slave who is being doctored, according to our old image, + by the unscientific doctor. For the empirical practitioner, if he chance + to meet the educated physician talking to his patient, and entering into + the philosophy of his disease, would burst out laughing and say, as + doctors delight in doing, 'Foolish fellow, instead of curing the patient + you are educating him!' 'And would he not be right?' Perhaps; and he might + add, that he who discourses in our fashion preaches to the citizens + instead of legislating for them. 'True.' There is, however, one advantage + which we possess—that being amateurs only, we may either take the + most ideal, or the most necessary and utilitarian view. 'But why offer + such an alternative? As if all our legislation must be done to-day, and + nothing put off until the morrow. We may surely rough-hew our materials + first, and shape and place them afterwards.' That will be the natural way + of proceeding. There is a further point. Of all writings either in prose + or verse the writings of the legislator are the most important. For it is + he who has to determine the nature of good and evil, and how they should + be studied with a view to our instruction. And is it not as disgraceful + for Solon and Lycurgus to lay down false precepts about the institutions + of life as for Homer and Tyrtaeus? The laws of states ought to be the + models of writing, and what is at variance with them should be deemed + ridiculous. And we may further imagine them to express the affection and + good sense of a father or mother, and not to be the fiats of a tyrant. + 'Very true.' + </p> + <p> + Let us enquire more particularly about sacrilege, theft and other crimes, + for which we have already legislated in part. And this leads us to ask, + first of all, whether we are agreed or disagreed about the nature of the + honourable and just. 'To what are you referring?' I will endeavour to + explain. All are agreed that justice is honourable, whether in men or + things, and no one who maintains that a very ugly men who is just, is in + his mind fair, would be thought extravagant. 'Very true.' But if honour is + to be attributed to justice, are just sufferings honourable, or only just + actions? 'What do you mean?' Our laws supply a case in point; for we + enacted that the robber of temples and the traitor should die; and this + was just, but the reverse of honourable. In this way does the language of + the many rend asunder the just and honourable. 'That is true.' But is our + own language consistent? I have already said that the evil are + involuntarily evil; and the evil are the unjust. Now the voluntary cannot + be the involuntary; and if you two come to me and say, 'Then shall we + legislate for our city?' Of course, I shall reply.—'Then will you + distinguish what crimes are voluntary and what involuntary, and shall we + impose lighter penalties on the latter, and heavier on the former? Or + shall we refuse to determine what is the meaning of voluntary and + involuntary, and maintain that our words have come down from heaven, and + that they should be at once embodied in a law?' All states legislate under + the idea that there are two classes of actions, the voluntary and the + involuntary, but there is great confusion about them in the minds of men; + and the law can never act unless they are distinguished. Either we must + abstain from affirming that unjust actions are involuntary, or explain the + meaning of this statement. Believing, then, that acts of injustice cannot + be divided into voluntary and involuntary, I must endeavour to find some + other mode of classifying them. Hurts are voluntary and involuntary, but + all hurts are not injuries: on the other hand, a benefit when wrongly + conferred may be an injury. An act which gives or takes away anything is + not simply just; but the legislator who has to decide whether the case is + one of hurt or injury, must consider the animus of the agent; and when + there is hurt, he must as far as possible, provide a remedy and + reparation: but if there is injustice, he must, when compensation has been + made, further endeavour to reconcile the two parties. 'Excellent.' Where + injustice, like disease, is remediable, there the remedy must be applied + in word or deed, with the assistance of pleasures and pains, of bounties + and penalties, or any other influence which may inspire man with the love + of justice, or hatred of injustice; and this is the noblest work of law. + But when the legislator perceives the evil to be incurable, he will + consider that the death of the offender will be a good to himself, and in + two ways a good to society: first, as he becomes an example to others; + secondly, because the city will be quit of a rogue; and in such a case, + but in no other, the legislator will punish with death. 'There is some + truth in what you say. I wish, however, that you would distinguish more + clearly the difference of injury and hurt, and the complications of + voluntary and involuntary.' You will admit that anger is of a violent and + destructive nature? 'Certainly.' And further, that pleasure is different + from anger, and has an opposite power, working by persuasion and deceit? + 'Yes.' Ignorance is the third source of crimes; this is of two kinds—simple + ignorance and ignorance doubled by conceit of knowledge; the latter, when + accompanied with power, is a source of terrible errors, but is excusable + when only weak and childish. 'True.' We often say that one man masters, + and another is mastered by pleasure and anger. 'Just so.' But no one says + that one man masters, and another is mastered by ignorance. 'You are + right.' All these motives actuate men and sometimes drive them in + different ways. 'That is so.' Now, then, I am in a position to define the + nature of just and unjust. By injustice I mean the dominion of anger and + fear, pleasure and pain, envy and desire, in the soul, whether doing harm + or not: by justice I mean the rule of the opinion of the best, whether in + states or individuals, extending to the whole of life; although actions + done in error are often thought to be involuntary injustice. No + controversy need be raised about names at present; we are only desirous of + fixing in our memories the heads of error. And the pain which is called + fear and anger is our first head of error; the second is the class of + pleasures and desires; and the third, of hopes which aim at true opinion + about the best;—this latter falls into three divisions (i.e. (1) + when accompanied by simple ignorance, (2) when accompanied by conceit of + wisdom combined with power, or (3) with weakness), so that there are in + all five. And the laws relating to them may be summed up under two heads, + laws which deal with acts of open violence and with acts of deceit; to + which may be added acts both violent and deceitful, and these last should + be visited with the utmost rigour of the law. 'Very properly.' + </p> + <p> + Let us now return to the enactment of laws. We have treated of sacrilege, + and of conspiracy, and of treason. Any of these crimes may be committed by + a person not in his right mind, or in the second childhood of old age. If + this is proved to be the fact before the judges, the person in question + shall only have to pay for the injury, and not be punished further, unless + he have on his hands the stain of blood. In this case he shall be exiled + for a year, and if he return before the expiration of the year, he shall + be retained in the public prison two years. + </p> + <p> + Homicides may be divided into voluntary and involuntary: and first of + involuntary homicide. He who unintentionally kills another man at the + games or in military exercises duly authorized by the magistrates, whether + death follow immediately or after an interval, shall be acquitted, subject + only to the purification required by the Delphian Oracle. Any physician + whose patient dies against his will shall in like manner be acquitted. Any + one who unintentionally kills the slave of another, believing that he is + his own, with or without weapons, shall bear the master of the slave + harmless, or pay a penalty amounting to twice the value of the slave, and + to this let him add a purification greater than in the case of homicide at + the games. If a man kill his own slave, a purification only is required of + him. If he kill a freeman unintentionally, let him also make purification; + and let him remember the ancient tradition which says that the murdered + man is indignant when he sees the murderer walk about in his own + accustomed haunts, and that he terrifies him with the remembrance of his + crime. And therefore the homicide should keep away from his native land + for a year, or, if he have slain a stranger, let him avoid the land of the + stranger for a like period. If he complies with this condition, the + nearest kinsman of the deceased shall take pity upon him and be reconciled + to him; but if he refuses to remain in exile, or visits the temples + unpurified, then let the kinsman proceed against him, and demand a double + penalty. The kinsman who neglects this duty shall himself incur the curse, + and any one who likes may proceed against him, and compel him to leave his + country for five years. If a stranger involuntarily kill a stranger, any + one may proceed against him in the same manner: and the homicide, if he be + a metic, shall be banished for a year; but if he be an entire stranger, + whether he have murdered metic, citizen, or stranger, he shall be banished + for ever; and if he return, he shall be punished with death, and his + property shall go to the next of kin of the murdered man. If he come back + by sea against his will, he shall remain on the seashore, wetting his feet + in the water while he waits for a vessel to sail; or if he be brought back + by land, the magistrates shall send him unharmed beyond the border. + </p> + <p> + Next follows murder done from anger, which is of two kinds—either + arising out of a sudden impulse, and attended with remorse; or committed + with premeditation, and unattended with remorse. The cause of both is + anger, and both are intermediate between voluntary and involuntary. The + one which is committed from sudden impulse, though not wholly involuntary, + bears the image of the involuntary, and is therefore the more excusable of + the two, and should receive a gentler punishment. The act of him who + nurses his wrath is more voluntary, and therefore more culpable. The + degree of culpability depends on the presence or absence of intention, to + which the degree of punishment should correspond. For the first kind of + murder, that which is done on a momentary impulse, let two years' exile be + the penalty; for the second, that which is accompanied with malice + prepense, three. When the time of any one's exile has expired, the + guardians shall send twelve judges to the borders of the land, who shall + have authority to decide whether he may return or not. He who after + returning repeats the offence, shall be exiled and return no more, and, if + he return, shall be put to death, like the stranger in a similar case. He + who in a fit of anger kills his own slave, shall purify himself; and he + who kills another man's slave, shall pay to his master double the value. + Any one may proceed against the offender if he appear in public places, + not having been purified; and may bring to trial both the next of kin to + the dead man and the homicide, and compel the one to exact, and the other + to pay, a double penalty. If a slave kill his master, or a freeman who is + not his master, in anger, the kinsmen of the murdered person may do with + the murderer whatever they please, but they must not spare his life. If a + father or mother kill their son or daughter in anger, let the slayer + remain in exile for three years; and on the return of the exile let the + parents separate, and no longer continue to cohabit, or have the same + sacred rites with those whom he or she has deprived of a brother or + sister. The same penalty is decreed against the husband who murders his + wife, and also against the wife who murders her husband. Let them be + absent three years, and on their return never again share in the same + sacred rites with their children, or sit at the same table with them. Nor + is a brother or sister who have lifted up their hands against a brother or + sister, ever to come under the same roof or share in the same rites with + those whom they have robbed of a child. If a son feels such hatred against + his father or mother as to take the life of either of them, then, if the + parent before death forgive him, he shall only suffer the penalty due to + involuntary homicide; but if he be unforgiven, there are many laws against + which he has offended; he is guilty of outrage, impiety, sacrilege all in + one, and deserves to be put to death many times over. For if the law will + not allow a man to kill the authors of his being even in self-defence, + what other penalty than death can be inflicted upon him who in a fit of + passion wilfully slays his father or mother? If a brother kill a brother + in self-defence during a civil broil, or a citizen a citizen, or a slave a + slave, or a stranger a stranger, let them be free from blame, as he is who + slays an enemy in battle. But if a slave kill a freeman, let him be as a + parricide. In all cases, however, the forgiveness of the injured party + shall acquit the agents; and then they shall only be purified, and remain + in exile for a year. + </p> + <p> + Enough of actions that are involuntary, or done in anger; let us proceed + to voluntary and premeditated actions. The great source of voluntary crime + is the desire of money, which is begotten by evil education; and this + arises out of the false praise of riches, common both among Hellenes and + barbarians; they think that to be the first of goods which is really the + third. For the body is not for the sake of wealth, but wealth for the + body, as the body is for the soul. If this were better understood, the + crime of murder, of which avarice is the chief cause, would soon cease + among men. Next to avarice, ambition is a source of crime, troublesome to + the ambitious man himself, as well as to the chief men of the state. And + next to ambition, base fear is a motive, which has led many an one to + commit murder in order that he may get rid of the witnesses of his crimes. + Let this be said as a prelude to all enactments about crimes of violence; + and the tradition must not be forgotten, which tells that the murderer is + punished in the world below, and that when he returns to this world he + meets the fate which he has dealt out to others. If a man is deterred by + the prelude and the fear of future punishment, he will have no need of the + law; but in case he disobey, let the law be declared against him as + follows:—He who of malice prepense kills one of his kindred, shall + in the first place be outlawed; neither temple, harbour, nor agora shall + be polluted by his presence. And if a kinsman of the deceased refuse to + proceed against his slayer, he shall take the curse of pollution upon + himself, and also be liable to be prosecuted by any one who will avenge + the dead. The prosecutor, however, must observe the customary ceremonial + before he proceeds against the offender. The details of these observances + will be best determined by a conclave of prophets and interpreters and + guardians of the law, and the judges of the cause itself shall be the same + as in cases of sacrilege. He who is convicted shall be punished with + death, and not be buried within the country of the murdered person. He who + flies from the law shall undergo perpetual banishment; if he return, he + may be put to death with impunity by any relative of the murdered man or + by any other citizen, or bound and delivered to the magistrates. He who + accuses a man of murder shall demand satisfactory bail of the accused, and + if this is not forthcoming, the magistrate shall keep him in prison + against the day of trial. If a man commit murder by the hand of another, + he shall be tried in the same way as in the cases previously supposed, but + if the offender be a citizen, his body after execution shall be buried + within the land. + </p> + <p> + If a slave kill a freeman, either with his own hand or by contrivance, let + him be led either to the grave or to a place whence he can see the grave + of the murdered man, and there receive as many stripes at the hand of the + public executioner as the person who took him pleases; and if he survive + he shall be put to death. If a slave be put out of the way to prevent his + informing of some crime, his death shall be punished like that of a + citizen. If there are any of those horrible murders of kindred which + sometimes occur even in well-regulated societies, and of which the + legislator, however unwilling, cannot avoid taking cognizance, he will + repeat the old myth of the divine vengeance against the perpetrators of + such atrocities. The myth will say that the murderer must suffer what he + has done: if he have slain his father, he must be slain by his children; + if his mother, he must become a woman and perish at the hands of his + offspring in another age of the world. Such a preamble may terrify him; + but if, notwithstanding, in some evil hour he murders father or mother or + brethren or children, the mode of proceeding shall be as follows:—Him + who is convicted, the officers of the judges shall lead to a spot without + the city where three ways meet, and there slay him and expose his body + naked; and each of the magistrates shall cast a stone upon his head and + justify the city, and he shall be thrown unburied beyond the border. But + what shall we say of him who takes the life which is dearest to him, that + is to say, his own; and this not from any disgrace or calamity, but from + cowardice and indolence? The manner of his burial and the purification of + his crime is a matter for God and the interpreters to decide and for his + kinsmen to execute. Let him, at any rate, be buried alone in some + uncultivated and nameless spot, and be without name or monument. If a + beast kill a man, not in a public contest, let it be prosecuted for + murder, and after condemnation slain and cast without the border. Also + inanimate things which have caused death, except in the case of lightning + and other visitations from heaven, shall be carried without the border. If + the body of a dead man be found, and the murderer remain unknown, the + trial shall take place all the same, and the unknown murderer shall be + warned not to set foot in the temples or come within the borders of the + land; if discovered, he shall die, and his body shall be cast out. A man + is justified in taking the life of a burglar, of a footpad, of a violator + of women or youth; and he may take the life of another with impunity in + defence of father, mother, brother, wife, or other relations. + </p> + <p> + The nurture and education which are necessary to the existence of men have + been considered, and the punishment of acts of violence which destroy + life. There remain maiming, wounding, and the like, which admit of a + similar division into voluntary and involuntary. About this class of + actions the preamble shall be: Whereas men would be like wild beasts + unless they obeyed the laws, the first duty of citizens is the care of the + public interests, which unite and preserve states, as private interests + distract them. A man may know what is for the public good, but if he have + absolute power, human nature will impel him to seek pleasure instead of + virtue, and so darkness will come over his soul and over the state. If he + had mind, he would have no need of law; for mind is the perfection of law. + But such a freeman, 'whom the truth makes free,' is hardly to be found; + and therefore law and order are necessary, which are the second-best, and + they regulate things as they exist in part only, but cannot take in the + whole. For actions have innumerable characteristics, which must be partly + determined by the law and partly left to the judge. The judge must + determine the fact; and to him also the punishment must sometimes be left. + What shall the law prescribe, and what shall be left to the judge? A city + is unfortunate in which the tribunals are either secret and speechless, + or, what is worse, noisy and public, when the people, as if they were in a + theatre, clap and hoot the various speakers. Such courts a legislator + would rather not have; but if he is compelled to have them, he will speak + distinctly, and leave as little as possible to their discretion. But where + the courts are good, and presided over by well-trained judges, the + penalties to be inflicted may be in a great measure left to them; and as + there are to be good courts among our colonists, we need not determine + beforehand the exact proportion of the penalty and the crime. Returning, + then, to our legislator, let us indite a law about wounding, which shall + run as follows:—He who wounds with intent to kill, and fails in his + object, shall be tried as if he had succeeded. But since God has favoured + both him and his victim, instead of being put to death, he shall be + allowed to go into exile and take his property with him, the damage due to + the sufferer having been previously estimated by the court, which shall be + the same as would have tried the case if death had ensued. If a child + should intentionally wound a parent, or a servant his master, or brother + or sister wound brother or sister with malice prepense, the penalty shall + be death. If a husband or wife wound one another with intent to kill, the + penalty which is inflicted upon them shall be perpetual exile; and if they + have young children, the guardians shall take care of them and administer + their property as if they were orphans. If they have no children, their + kinsmen male and female shall meet, and after a consultation with the + priests and guardians of the law, shall appoint an heir of the house; for + the house and family belong to the state, being a 5040th portion of the + whole. And the state is bound to preserve her families happy and holy; + therefore, when the heir of a house has committed a capital offence, or is + in exile for life, the house is to be purified, and then the kinsmen of + the house and the guardians of the law are to find out a family which has + a good name and in which there are many sons, and introduce one of them to + be the heir and priest of the house. He shall assume the fathers and + ancestors of the family, while the first son dies in dishonour and his + name is blotted out. + </p> + <p> + Some actions are intermediate between the voluntary and involuntary. Those + done from anger are of this class. If a man wound another in anger, let + him pay double the damage, if the injury is curable; or fourfold, if + curable, and at the same time dishonourable; and fourfold, if incurable; + the amount is to be assessed by the judges. If the wounded person is + rendered incapable of military service, the injurer, besides the other + penalties, shall serve in his stead, or be liable to a suit for refusing + to serve. If brother wounds brother, then their parents and kindred, of + both sexes, shall meet and judge the crime. The damages shall be assessed + by the parents; and if the amount fixed by them is disputed, an appeal + shall be made to the male kindred; or in the last resort to the guardians + of the law. Parents who wound their children are to be tried by judges of + at least sixty years of age, who have children of their own; and they are + to determine whether death, or some lesser punishment, is to be inflicted + upon them—no relatives are to take part in the trial. If a slave in + anger smite a freeman, he is to be delivered up by his master to the + injured person. If the master suspect collusion between the slave and the + injured person, he may bring the matter to trial: and if he fail he shall + pay three times the injury; or if he obtain a conviction, the contriver of + the conspiracy shall be liable to an action for kidnapping. He who wounds + another unintentionally shall only pay for the actual harm done. + </p> + <p> + In all outrages and acts of violence, the elder is to be more regarded + than the younger. An injury done by a younger man to an elder is + abominable and hateful; but the younger man who is struck by an elder is + to bear with him patiently, considering that he who is twenty years older + is loco parentis, and remembering the reverence which is due to the Gods + who preside over birth. Let him keep his hands, too, from the stranger; + instead of taking upon himself to chastise him when he is insolent, he + shall bring him before the wardens of the city, who shall examine into the + case, and if they find him guilty, shall scourge him with as many blows as + he has given; or if he be innocent, they shall warn and threaten his + accuser. When an equal strikes an equal, whether an old man an old man, or + a young man a young man, let them use only their fists and have no + weapons. He who being above forty years of age commences a fight, or + retaliates, shall be counted mean and base. + </p> + <p> + To this preamble, let the law be added: If a man smite another who is his + elder by twenty years or more, let the bystander, in case he be older than + the combatants, part them; or if he be younger than the person struck, or + of the same age with him, let him defend him as he would a father or + brother; and let the striker be brought to trial, and if convicted + imprisoned for a year or more at the discretion of the judges. If a + stranger smite one who is his elder by twenty years or more, he shall be + imprisoned for two years, and a metic, in like case, shall suffer three + years' imprisonment. He who is standing by and gives no assistance, shall + be punished according to his class in one of four penalties—a mina, + fifty, thirty, twenty drachmas. The generals and other superior officers + of the army shall form the court which tries this class of offences. + </p> + <p> + Laws are made to instruct the good, and in the hope that there may be no + need of them; also to control the bad, whose hardness of heart will not be + hindered from crime. The uttermost penalty will fall upon those who lay + violent hands upon a parent, having no fear of the Gods above, or of the + punishments which will pursue them in the world below. They are too wise + in their own conceits to believe in such things: wherefore the tortures + which await them in another life must be anticipated in this. Let the law + be as follows:— + </p> + <p> + If a man, being in his right mind, dare to smite his father and mother, or + his grandfather and grandmother, let the passer-by come to the rescue; and + if he be a metic or stranger who comes to the rescue, he shall have the + first place at the games; or if he do not come to the rescue, he shall be + a perpetual exile. Let the citizen in the like case be praised or blamed, + and the slave receive freedom or a hundred stripes. The wardens of the + agora, the city, or the country, as the case may be, shall see to the + execution of the law. And he who is an inhabitant of the same place and is + present shall come to the rescue, or he shall fall under a curse. + </p> + <p> + If a man be convicted of assaulting his parents, let him be banished for + ever from the city into the country, and let him abstain from all sacred + rites; and if he do not abstain, let him be punished by the wardens of the + country; and if he return to the city, let him be put to death. If any + freeman consort with him, let him be purified before he returns to the + city. If a slave strike a freeman, whether citizen or stranger, let the + bystander be obliged to seize and deliver him into the hands of the + injured person, who may inflict upon him as many blows as he pleases, and + shall then return him to his master. The law will be as follows:—The + slave who strikes a freeman shall be bound by his master, and not set at + liberty without the consent of the person whom he has injured. All these + laws apply to women as well as to men. + </p> + <p> + BOOK X. The greatest wrongs arise out of youthful insolence, and the + greatest of all are committed against public temples; they are in the + second degree great when private rites and sepulchres are insulted; in the + third degree, when committed against parents; in the fourth degree, when + they are done against the authority or property of the rulers; in the + fifth degree, when the rights of individuals are violated. Most of these + offences have been already considered; but there remains the question of + admonition and punishment of offences against the Gods. Let the admonition + be in the following terms:—No man who ever intentionally did or said + anything impious, had a true belief in the existence of the Gods; but + either he thought that there were no Gods, or that they did not care about + men, or that they were easily appeased by sacrifices and prayers. 'What + shall we say or do to such persons?' My good sir, let us first hear the + jests which they in their superiority will make upon us. 'What will they + say?' Probably something of this kind:—'Strangers you are right in + thinking that some of us do not believe in the existence of the Gods; + while others assert that they do not care for us, and others that they are + propitiated by prayers and offerings. But we want you to argue with us + before you threaten; you should prove to us by reasonable evidence that + there are Gods, and that they are too good to be bribed. Poets, priests, + prophets, rhetoricians, even the best of them, speak to us of atoning for + evil, and not of avoiding it. From legislators who profess to be gentle we + ask for instruction, which may, at least, have the persuasive power of + truth, if no other.' What have you to say? 'Well, there is no difficulty + in proving the being of the Gods. The sun, and earth, and stars, moving in + their courses, the recurring seasons, furnish proofs of their existence; + and there is the general opinion of mankind.' I fear that the unbelievers—not + that I care for their opinion—will despise us. You are not aware + that their impiety proceeds, not from sensuality, but from ignorance + taking the garb of wisdom. 'What do you mean?' At Athens there are tales + current both in prose and verse of a kind which are not tolerated in a + well-regulated state like yours. The oldest of them relate the origin of + the world, and the birth and life of the Gods. These narratives have a bad + influence on family relations; but as they are old we will let them pass, + and consider another kind of tales, invented by the wisdom of a younger + generation, who, if any one argues for the existence of the Gods and + claims that the stars have a divine being, insist that these are mere + earth and stones, which can have no care of human things, and that all + theology is a cooking up of words. Now what course ought we to take? Shall + we suppose some impious man to charge us with assuming the existence of + the Gods, and make a defence? Or shall we leave the preamble and go on to + the laws? 'There is no hurry, and we have often said that the shorter and + worse method should not be preferred to the longer and better. The proof + that there are Gods who are good, and the friends of justice, is the best + preamble of all our laws.' Come, let us talk with the impious, who have + been brought up from their infancy in the belief of religion, and have + heard their own fathers and mothers praying for them and talking with the + Gods as if they were absolutely convinced of their existence; who have + seen mankind prostrate in prayer at the rising and setting of the sun and + moon and at every turn of fortune, and have dared to despise and + disbelieve all this. Can we keep our temper with them, when they compel us + to argue on such a theme? We must; or like them we shall go mad, though + with more reason. Let us select one of them and address him as follows: + </p> + <p> + O my son, you are young; time and experience will make you change many of + your opinions. Do not be hasty in forming a conclusion about the divine + nature; and let me mention to you a fact which I know. You and your + friends are not the first or the only persons who have had these notions + about the Gods. There are always a considerable number who are infected by + them: I have known many myself, and can assure you that no one who was an + unbeliever in his youth ever persisted till he was old in denying the + existence of the Gods. The two other opinions, first, that the Gods exist + and have no care of men, secondly, that they care for men, but may be + propitiated by sacrifices and prayers, may indeed last through life in a + few instances, but even this is not common. I would beg of you to be + patient, and learn the truth of the legislator and others; in the mean + time abstain from impiety. 'So far, our discourse has gone well.' + </p> + <p> + I will now speak of a strange doctrine, which is regarded by many as the + crown of philosophy. They affirm that all things come into being either by + art or nature or chance, and that the greater things are done by nature + and chance, and the lesser things by art, which receiving from nature the + greater creations, moulds and fashions all those lesser works which are + termed works of art. Their meaning is that fire, water, earth, and air all + exist by nature and chance, and not by art; and that out of these, + according to certain chance affinities of opposites, the sun, the moon, + the stars, and the earth have been framed, not by any action of mind, but + by nature and chance only. Thus, in their opinion, the heaven and earth + were created, as well as the animals and plants. Art came later, and is of + mortal birth; by her power were invented certain images and very partial + imitations of the truth, of which kind are the creations of musicians and + painters: but they say that there are other arts which combine with + nature, and have a deeper truth, such as medicine, husbandry, gymnastic. + Also the greater part of politics they imagine to co-operate with nature, + but in a less degree, having more of art, while legislation is declared by + them to be wholly a work of art. 'How do you mean?' In the first place, + they say that the Gods exist neither by nature nor by art, but by the laws + of states, which are different in different countries; and that virtue is + one thing by nature and another by convention; and that justice is + altogether conventional, made by law, and having authority for the moment + only. This is repeated to young men by sages and poets, and leads to + impiety, and the pretended life according to nature and in disobedience to + law; for nobody believes the Gods to be such as the law affirms. 'How + true! and oh! how injurious to states and to families!' But then, what + should the lawgiver do? Should he stand up in the state and threaten + mankind with the severest penalties if they persist in their unbelief, + while he makes no attempt to win them by persuasion? 'Nay, Stranger, the + legislator ought never to weary of trying to persuade the world that there + are Gods; and he should declare that law and art exist by nature.' Yes, + Cleinias; but these are difficult and tedious questions. 'And shall our + patience, which was not exhausted in the enquiry about music or drink, + fail now that we are discoursing about the Gods? There may be a difficulty + in framing laws, but when written down they remain, and time and diligence + will make them clear; if they are useful there would be neither reason nor + religion in rejecting them on account of their length.' Most true. And the + general spread of unbelief shows that the legislator should do something + in vindication of the laws, when they are being undermined by bad men. 'He + should.' You agree with me, Cleinias, that the heresy consists in + supposing earth, air, fire, and water to be the first of all things. These + the heretics call nature, conceiving them to be prior to the soul. 'I + agree.' You would further agree that natural philosophy is the source of + this impiety—the study appears to be pursued in a wrong way. 'In + what way do you mean?' The error consists in transposing first and second + causes. They do not see that the soul is before the body, and before all + other things, and the author and ruler of them all. And if the soul is + prior to the body, then the things of the soul are prior to the things of + the body. In other words, opinion, attention, mind, art, law, are prior to + sensible qualities; and the first and greater works of creation are the + results of art and mind, whereas the works of nature, as they are + improperly termed, are secondary and subsequent. 'Why do you say + "improperly"?' Because when they speak of nature they seem to mean the + first creative power. But if the soul is first, and not fire and air, then + the soul above all things may be said to exist by nature. And this can + only be on the supposition that the soul is prior to the body. Shall we + try to prove that it is so? 'By all means.' I fear that the greenness of + our argument will ludicrously contrast with the ripeness of our ages. But + as we must go into the water, and the stream is strong, I will first + attempt to cross by myself, and if I arrive at the bank, you shall follow. + Remembering that you are unaccustomed to such discussions, I will ask and + answer the questions myself, while you listen in safety. But first I must + pray the Gods to assist at the demonstration of their own existence—if + ever we are to call upon them, now is the time. Let me hold fast to the + rope, and enter into the depths: Shall I put the question to myself in + this form?—Are all things at rest, and is nothing in motion? or are + some things in motion, and some things at rest? 'The latter.' And do they + move and rest, some in one place, some in more? 'Yes.' There may be (1) + motion in the same place, as in revolution on an axis, which is imparted + swiftly to the larger and slowly to the lesser circle; and there may be + motion in different places, having sometimes (2) one centre of motion and + sometimes (3) more. (4) When bodies in motion come against other bodies + which are at rest, they are divided by them, and (5) when they are caught + between other bodies coming from opposite directions they unite with them; + and (6) they grow by union and (7) waste by dissolution while their + constitution remains the same, but are (8) destroyed when their + constitution fails. There is a growth from one dimension to two, and from + a second to a third, which then becomes perceptible to sense; this process + is called generation, and the opposite, destruction. We have now + enumerated all possible motions with the exception of two. 'What are + they?' Just the two with which our enquiry is concerned; for our enquiry + relates to the soul. There is one kind of motion which is only able to + move other things; there is another which can move itself as well, working + in composition and decomposition, by increase and diminution, by + generation and destruction. 'Granted.' (9) That which moves and is moved + by another is the ninth kind of motion; (10) that which is self-moved and + moves others is the tenth. And this tenth kind of motion is the mightiest, + and is really the first, and is followed by that which was improperly + called the ninth. 'How do you mean?' Must not that which is moved by + others finally depend upon that which is moved by itself? Nothing can be + affected by any transition prior to self-motion. Then the first and eldest + principle of motion, whether in things at rest or not at rest, will be the + principle of self-motion; and that which is moved by others and can move + others will be the second. 'True.' Let me ask another question: + </p> + <p> + What is the name which is given to self-motion when manifested in any + material substance? 'Life.' And soul too is life? 'Very good.' And are + there not three kinds of knowledge—a knowledge (1) of the essence, + (2) of the definition, (3) of the name? And sometimes the name leads us to + ask the definition, sometimes the definition to ask the name. For example, + number can be divided into equal parts, and when thus divided is termed + even, and the definition of even and the word 'even' refer to the same + thing. 'Very true.' And what is the definition of the thing which is named + 'soul'? Must we not reply, 'The self-moved'? And have we not proved that + the self-moved is the source of motion in other things? 'Yes.' And the + motion which is not self-moved will be inferior to this? 'True.' And if + so, we shall be right in saying that the soul is prior and superior to the + body, and the body by nature subject and inferior to the soul? 'Quite + right.' And we agreed that if the soul was prior to the body, the things + of the soul were prior to the things of the body? 'Certainly.' And + therefore desires, and manners, and thoughts, and true opinions, and + recollections, are prior to the length and breadth and force of bodies. + 'To be sure.' In the next place, we acknowledge that the soul is the cause + of good and evil, just and unjust, if we suppose her to be the cause of + all things? 'Certainly.' And the soul which orders all things must also + order the heavens? 'Of course.' One soul or more? More; for less than two + are inconceivable, one good, the other evil. 'Most true.' The soul directs + all things by her movements, which we call will, consideration, attention, + deliberation, opinion true and false, joy, sorrow, courage, fear, hatred, + love, and similar affections. These are the primary movements, and they + receive the secondary movements of bodies, and guide all things to + increase and diminution, separation and union, and to all the qualities + which accompany them—cold, hot, heavy, light, hard, soft, white, + black, sweet, bitter; these and other such qualities the soul, herself a + goddess, uses, when truly receiving the divine mind she leads all things + rightly to their happiness; but under the impulse of folly she works out + an opposite result. For the controller of heaven and earth and the circle + of the world is either the wise and good soul, or the foolish and vicious + soul, working in them. 'What do you mean?' If we say that the whole course + and motion of heaven and earth is in accordance with the workings and + reasonings of mind, clearly the best soul must have the care of the + heaven, and guide it along that better way. 'True.' But if the heavens + move wildly and disorderly, then they must be under the guidance of the + evil soul. 'True again.' What is the nature of the movement of the soul? + We must not suppose that we can see and know the soul with our bodily + eyes, any more than we can fix them on the midday sun; it will be safer to + look at an image only. 'How do you mean?' Let us find among the ten kinds + of motion an image of the motion of the mind. You remember, as we said, + that all things are divided into two classes; and some of them were moved + and some at rest. 'Yes.' And of those which were moved, some were moved in + the same place, others in more places than one. 'Just so.' The motion + which was in one place was circular, like the motion of a spherical body; + and such a motion in the same place, and in the same relations, is an + excellent image of the motion of mind. 'Very true.' The motion of the + other sort, which has no fixed place or manner or relation or order or + proportion, is akin to folly and nonsense. 'Very true.' After what has + been said, it is clear that, since the soul carries round all things, some + soul which is either very good or the opposite carries round the + circumference of heaven. But that soul can be no other than the best. + Again, the soul carries round the sun, moon, and stars, and if the sun has + a soul, then either the soul of the sun is within and moves the sun as the + human soul moves the body; or, secondly, the sun is contained in some + external air or fire, which the soul provides and through which she + operates; or, thirdly, the course of the sun is guided by the soul acting + in a wonderful manner without a body. 'Yes, in one of those ways the soul + must guide all things.' And this soul of the sun, which is better than the + sun, whether driving him in a chariot or employing any other agency, is by + every man called a God? 'Yes, by every man who has any sense.' And of the + seasons, stars, moon, and year, in like manner, it may be affirmed that + the soul or souls from which they derive their excellence are divine; and + without insisting on the manner of their working, no one can deny that all + things are full of Gods. 'No one.' And now let us offer an alternative to + him who denies that there are Gods. Either he must show that the soul is + not the origin of all things, or he must live for the future in the belief + that there are Gods. + </p> + <p> + Next, as to the man who believes in the Gods, but refuses to acknowledge + that they take care of human things—let him too have a word of + admonition. 'Best of men,' we will say to him, 'some affinity to the Gods + leads you to honour them and to believe in them. But you have heard the + happiness of wicked men sung by poets and admired by the world, and this + has drawn you away from your natural piety. Or you have seen the wicked + growing old in prosperity, and leaving great offices to their children; or + you have watched the tyrant succeeding in his career of crime; and + considering all these things you have been led to believe in an irrational + way that the Gods take no care of human affairs. That your error may not + increase, I will endeavour to purify your soul.' Do you, Megillus and + Cleinias, make answer for the youth, and when we come to a difficulty, I + will carry you over the water as I did before. 'Very good.' He will easily + be convinced that the Gods care for the small as well as the great; for he + heard what was said of their goodness and of their having all things under + their care. 'He certainly heard.' Then now let us enquire what is meant by + the virtue of the Gods. To possess mind belongs to virtue, and the + contrary to vice. 'That is what we say.' And is not courage a part of + virtue, and cowardice of vice? 'Certainly.' And to the Gods we ascribe + virtues; but idleness and indolence are not virtues. 'Of course not.' And + is God to be conceived of as a careless, indolent fellow, such as the poet + would compare to a stingless drone? 'Impossible.' Can we be right in + praising any one who cares for great matters and leaves the small to take + care of themselves? Whether God or man, he who does so, must either think + the neglect of such matters to be of no consequence, or he is indolent and + careless. For surely neither of them can be charged with neglect if they + fail to attend to something which is beyond their power? 'Certainly not.' + </p> + <p> + And now we will examine the two classes of offenders who admit that there + are Gods, but say,—the one that they may be appeased, the other that + they take no care of small matters: do they not acknowledge that the Gods + are omnipotent and omniscient, and also good and perfect? 'Certainly.' + Then they cannot be indolent, for indolence is the offspring of idleness, + and idleness of cowardice, and there is no cowardice in God. 'True.' If + the Gods neglect small matters, they must either know or not know that + such things are not to be regarded. But of course they know that they + should be regarded, and knowing, they cannot be supposed to neglect their + duty, overcome by the seductions of pleasure or pain. 'Impossible.' And do + not all human things share in soul, and is not man the most religious of + animals and the possession of the Gods? And the Gods, who are the best of + owners, will surely take care of their property, small or great. Consider + further, that the greater the power of perception, the less the power of + action. For it is harder to see and hear the small than the great, but + easier to control them. Suppose a physician who had to cure a patient—would + he ever succeed if he attended to the great and neglected the little? + 'Impossible.' Is not life made up of littles?—the pilot, general, + householder, statesman, all attend to small matters; and the builder will + tell you that large stones do not lie well without small ones. And God is + not inferior to mortal craftsmen, who in proportion to their skill are + careful in the details of their work; we must not imagine the best and + wisest to be a lazy good-for-nothing, who wearies of his work and hurries + over small and easy matters. 'Never, never!' He who charges the Gods with + neglect has been forced to admit his error; but I should like further to + persuade him that the author of all has made every part for the sake of + the whole, and that the smallest part has an appointed state of action or + passion, and that the least action or passion of any part has a presiding + minister. You, we say to him, are a minute fraction of this universe, + created with a view to the whole; the world is not made for you, but you + for the world; for the good artist considers the whole first, and + afterwards the parts. And you are annoyed at not seeing how you and the + universe are all working together for the best, so far as the laws of the + common creation admit. The soul undergoes many changes from her contact + with bodies; and all that the player does is to put the pieces into their + right places. 'What do you mean?' I mean that God acts in the way which is + simplest and easiest. Had each thing been formed without any regard to the + rest, the transposition of the Cosmos would have been endless; but now + there is not much trouble in the government of the world. For when the + king saw the actions of the living souls and bodies, and the virtue and + vice which were in them, and the indestructibility of the soul and body + (although they were not eternal), he contrived so to arrange them that + virtue might conquer and vice be overcome as far as possible; giving them + a seat and room adapted to them, but leaving the direction of their + separate actions to men's own wills, which make our characters to be what + they are. 'That is very probable.' All things which have a soul possess in + themselves the principle of change, and in changing move according to fate + and law; natures which have undergone lesser changes move on the surface; + but those which have changed utterly for the worse, sink into Hades and + the infernal world. And in all great changes for good and evil which are + produced either by the will of the soul or the influence of others, there + is a change of place. The good soul, which has intercourse with the divine + nature, passes into a holier and better place; and the evil soul, as she + grows worse, changes her place for the worse. This,—as we declare to + the youth who fancies that he is neglected of the Gods,—is the law + of divine justice—the worse to the worse, the better to the better, + like to like, in life and in death. And from this law no man will ever + boast that he has escaped. Even if you say—'I am small, and will + creep into the earth,' or 'I am high, and will mount to heaven'—you + are not so small or so high that you shall not pay the fitting penalty, + either here or in the world below. This is also the explanation of the + seeming prosperity of the wicked, in whose actions as in a mirror you + imagined that you saw the neglect of the Gods, not considering that they + make all things contribute to the whole. And how then could you form any + idea of true happiness?—If Cleinias and Megillus and I have + succeeded in persuading you that you know not what you say about the Gods, + God will help you; but if there is still any deficiency of proof, hear our + answer to the third opponent. + </p> + <p> + Enough has been said to prove that the Gods exist and care for us; that + they can be propitiated, or that they receive gifts, is not to be allowed + or admitted for an instant. 'Let us proceed with the argument.' Tell me, + by the Gods, I say, how the Gods are to be propitiated by us? Are they not + rulers, who may be compared to charioteers, pilots, perhaps generals, or + physicians providing against the assaults of disease, husbandmen observing + the perils of the seasons, shepherds watching their flocks? To whom shall + we compare them? We acknowledged that the world is full both of good and + evil, but having more of evil than of good. There is an immortal conflict + going on, in which Gods and demigods are our allies, and we their + property; for injustice and folly and wickedness make war in our souls + upon justice and temperance and wisdom. There is little virtue to be found + on earth; and evil natures fawn upon the Gods, like wild beasts upon their + keepers, and believe that they can win them over by flattery and prayers. + And this sin, which is termed dishonesty, is to the soul what disease is + to the body, what pestilence is to the seasons, what injustice is to + states. 'Quite so.' And they who maintain that the Gods can be appeased + must say that they forgive the sins of men, if they are allowed to share + in their spoils; as you might suppose wolves to mollify the dogs by + throwing them a portion of the prey. 'That is the argument.' But let us + apply our images to the Gods—are they the pilots who are won by + gifts to wreck their own ships—or the charioteers who are bribed to + lose the race—or the generals, or doctors, or husbandmen, who are + perverted from their duty—or the dogs who are silenced by wolves? + 'God forbid.' Are they not rather our best guardians; and shall we suppose + them to fall short even of a moderate degree of human or even canine + virtue, which will not betray justice for reward? 'Impossible.' He, then, + who maintains such a doctrine, is the most blasphemous of mankind. + </p> + <p> + And now our three points are proven; and we are agreed (1) that there are + Gods, (2) that they care for men, (3) that they cannot be bribed to do + injustice. I have spoken warmly, from a fear lest this impiety of theirs + should lead to a perversion of life. And our warmth will not have been in + vain, if we have succeeded in persuading these men to abominate + themselves, and to change their ways. 'So let us hope.' Then now that the + preamble is completed, we will make a proclamation commanding the impious + to renounce their evil ways; and in case they refuse, the law shall be + added:—If a man is guilty of impiety in word or deed, let the + bystander inform the magistrates, and let the magistrates bring the + offender before the court; and if any of the magistrates refuses to act, + he likewise shall be tried for impiety. Any one who is found guilty of + such an offence shall be fined at the discretion of the court, and shall + also be punished by a term of imprisonment. There shall be three prisons—one + for common offences against life and property; another, near by the spot + where the Nocturnal Council will assemble, which is to be called the + 'House of Reformation'; the third, to be situated in some desolate region + in the centre of the country, shall be called by a name indicating + retribution. There are three causes of impiety, and from each of them + spring impieties of two kinds, six in all. First, there is the impiety of + those who deny the existence of the Gods; these may be honest men, haters + of evil, who are only dangerous because they talk loosely about the Gods + and make others like themselves; but there is also a more vicious class, + who are full of craft and licentiousness. To this latter belong diviners, + jugglers, despots, demagogues, generals, hierophants of private mysteries, + and sophists. The first class shall be only imprisoned and admonished. The + second class should be put to death, if they could be, many times over. + The two other sorts of impiety, first of those who deny the care of the + Gods, and secondly, of those who affirm that they may be propitiated, have + similar subdivisions, varying in degree of guilt. Those who have learnt to + blaspheme from mere ignorance shall be imprisoned in the House of + Reformation for five years at least, and not allowed to see any one but + members of the Nocturnal Council, who shall converse with them touching + their souls health. If any of the prisoners come to their right mind, at + the end of five years let them be restored to sane company; but he who + again offends shall die. As to that class of monstrous natures who not + only believe that the Gods are negligent, or may be propitiated, but + pretend to practise on the souls of quick and dead, and promise to charm + the Gods, and to effect the ruin of houses and states—he, I say, who + is guilty of these things, shall be bound in the central prison, and shall + have no intercourse with any freeman, receiving only his daily rations of + food from the public slaves; and when he dies, let him be cast beyond the + border; and if any freeman assist to bury him, he shall be liable to a + suit for impiety. But the sins of the father shall not be visited upon his + children, who, like other orphans, shall be educated by the state. + Further, let there be a general law which will have a tendency to repress + impiety. No man shall have religious services in his house, but he shall + go with his friends to pray and sacrifice in the temples. The reason of + this is, that religious institutions can only be framed by a great + intelligence. But women and weak men are always consecrating the event of + the moment; they are under the influence of dreams and apparitions, and + they build altars and temples in every village and in any place where they + have had a vision. The law is designed to prevent this, and also to deter + men from attempting to propitiate the Gods by secret sacrifices, which + only multiply their sins. Therefore let the law run:—No one shall + have private religious rites; and if a man or woman who has not been + previously noted for any impiety offend in this way, let them be + admonished to remove their rites to a public temple; but if the offender + be one of the obstinate sort, he shall be brought to trial before the + guardians, and if he be found guilty, let him die. + </p> + <p> + BOOK XI. As to dealings between man and man, the principle of them is + simple—Thou shalt not take what is not thine; and shalt do to others + as thou wouldst that they should do to thee. First, of treasure trove:—May + I never desire to find, or lift, if I find, or be induced by the counsel + of diviners to lift, a treasure which one who was not my ancestor has laid + down; for I shall not gain so much in money as I shall lose in virtue. The + saying, 'Move not the immovable,' may be repeated in a new sense; and + there is a common belief which asserts that such deeds prevent a man from + having a family. To him who is careless of such consequences, and, + despising the word of the wise, takes up a treasure which is not his—what + will be done by the hand of the Gods, God only knows,—but I would + have the first person who sees the offender, inform the wardens of the + city or the country; and they shall send to Delphi for a decision, and + whatever the oracle orders, they shall carry out. If the informer be a + freeman, he shall be honoured, and if a slave, set free; but he who does + not inform, if he be a freeman, shall be dishonoured, and if a slave, + shall be put to death. If a man leave anywhere anything great or small, + intentionally or unintentionally, let him who may find the property deem + the deposit sacred to the Goddess of ways. And he who appropriates the + same, if he be a slave, shall be beaten with many stripes; if a freeman, + he shall pay tenfold, and be held to have done a dishonourable action. If + a person says that another has something of his, and the other allows that + he has the property in dispute, but maintains it to be his own, let the + ownership be proved out of the registers of property. If the property is + registered as belonging to some one who is absent, possession shall be + given to him who offers sufficient security on behalf of the absentee; or + if the property is not registered, let it remain with the three eldest + magistrates, and if it should be an animal, the defeated party must pay + the cost of its keep. A man may arrest his own slave, and he may also + imprison for safe-keeping the runaway slave of a friend. Any one + interfering with him must produce three sureties; otherwise, he will be + liable to an action for violence, and if he be cast, must pay a double + amount of damages to him from whom he has taken the slave. A freedman who + does not pay due respect to his patron, may also be seized. Due respect + consists in going three times a month to the house of his patron, and + offering to perform any lawful service for him; he must also marry as his + master pleases; and if his property be greater than his master's, he must + hand over to him the excess. A freedman may not remain in the state, + except with the consent of the magistrates and of his master, for more + than twenty years; and whenever his census exceeds that of the third + class, he must in any case leave the country within thirty days, taking + his property with him. If he break this regulation, the penalty shall be + death, and his property shall be confiscated. Suits about these matters + are to be decided in the courts of the tribes, unless the parties have + settled the matter before a court of neighbours or before arbiters. If + anybody claim a beast, or anything else, let the possessor refer to the + seller or giver of the property within thirty days, if the latter reside + in the city, or, if the goods have been received from a stranger, within + five months, of which the middle month shall include the summer solstice. + All purchases and exchanges are to be made in the agora, and paid for on + the spot; the law will not allow credit to be given. No law shall protect + the money subscribed for clubs. He who sells anything of greater value + than fifty drachmas shall abide in the city for ten days, and let his + whereabouts be known to the buyer, in case of any reclamation. When a + slave is sold who is subject to epilepsy, stone, or any other invisible + disorder, the buyer, if he be a physician or trainer, or if he be warned, + shall have no redress; but in other cases within six months, or within + twelve months in epileptic disorders, he may bring the matter before a + jury of physicians to be agreed upon by both parties; and the seller who + loses the suit, if he be an expert, shall pay twice the price; or if he be + a private person, the bargain shall be rescinded, and he shall simply + refund. If a person knowingly sells a homicide to another, who is informed + of his character, there is no redress. But if the judges—who are to + be the five youngest guardians of the law—decide that the purchaser + was not aware, then the seller is to pay threefold, and to purify the + house of the buyer. + </p> + <p> + He who exchanges money for money, or beast for beast, must warrant either + of them to be sound and good. As in the case of other laws, let us have a + preamble, relating to all this class of crime. Adulteration is a kind of + falsehood about which the many commonly say that at proper times the + practice may often be right, but they do not define at what times. But the + legislator will tell them, that no man should invoke the Gods when he is + practising deceit or fraud, in word or deed. For he is the enemy of + heaven, first, who swears falsely, not thinking of the Gods by whom he + swears, and secondly, he who lies to his superiors. (Now the superiors are + the betters of inferiors,—the elder of the younger, parents of + children, men of women, and rulers of subjects.) The trader who cheats in + the agora is a liar and is perjured—he respects neither the name of + God nor the regulations of the magistrates. If after hearing this he will + still be dishonest, let him listen to the law:—The seller shall not + have two prices on the same day, neither must he puff his goods, nor offer + to swear about them. If he break the law, any citizen not less than thirty + years of age may smite him. If he sell adulterated goods, the slave or + metic who informs against him shall have the goods; the citizen who brings + such a charge, if he prove it, shall offer up the goods in question to the + Gods of the agora; or if he fail to prove it, shall be dishonoured. He who + is detected in selling adulterated goods shall be deprived of them, and + shall receive a stripe for every drachma of their value. The wardens of + the agora and the guardians of the law shall take experienced persons into + counsel, and draw up regulations for the agora. These shall be inscribed + on a column in front of the court of the wardens of the agora.—As to + the wardens of the city, enough has been said already. But if any + omissions in the law are afterwards discovered, the wardens and the + guardians shall supply them, and have them inscribed after the original + regulations on a column before the court of the wardens of the city. + </p> + <p> + Next in order follows the subject of retail trades, which in their natural + use are the reverse of mischievous; for every man is a benefactor who + reduces what is unequal to symmetry and proportion. Money is the + instrument by which this is accomplished, and the shop-keeper, the + merchant, and hotel-keeper do but supply the wants and equalize the + possessions of mankind. Why, then, does any dishonour attach to a + beneficent occupation? Let us consider the nature of the accusation first, + and then see whether it can be removed. 'What is your drift?' Dear + Cleinias, there are few men who are so gifted by nature, and improved by + education, as to be able to control the desire of making money; or who are + sober in their wishes and prefer moderation to accumulation. The great + majority think that they can never have enough, and the consequence is + that retail trade has become a reproach. Whereas, however ludicrous the + idea may seem, if noble men and noble women could be induced to open a + shop, and to trade upon incorruptible principles, then the aspect of + things would change, and retail traders would be regarded as nursing + fathers and mothers. In our own day the trader goes and settles in distant + places, and receives the weary traveller hospitably at first, but in the + end treats him as an enemy and a captive, whom he only liberates for an + enormous ransom. This is what has brought retail trade into disrepute, and + against this the legislator ought to provide. Men have said of old, that + to fight against two opponents is hard; and the two opponents of whom I am + thinking are wealth and poverty—the one corrupting men by luxury; + the other, through misery, depriving them of the sense of shame. What + remedies can a city find for this disease? First, to have as few retail + traders as possible; secondly, to give retail trade over to a class whose + corruption will not injure the state; and thirdly, to restrain the + insolence and meanness of the retailers. + </p> + <p> + Let us make the following laws:—(1) In the city of the Magnetes none + of the 5040 citizens shall be a retailer or merchant, or do any service to + any private persons who do not equally serve him, except to his father and + mother and their fathers and mothers, and generally to his elders who are + freemen, and whom he serves as a freeman. He who follows an illiberal + pursuit may be cited for dishonouring his family, and kept in bonds for a + year; and if he offend again, he shall be bound for two years; and for + every offence his punishment shall be doubled: (2) Every retailer shall be + a metic or a foreigner: (3) The guardians of the law shall have a special + care of this part of the community, whose calling exposes them to peculiar + temptations. They shall consult with persons of experience, and find out + what prices will yield the traders a moderate profit, and fix them. + </p> + <p> + When a man does not fulfil his contract, he being under no legal or other + impediment, the case shall be brought before the court of the tribes, if + not previously settled by arbitration. The class of artisans is + consecrated to Hephaestus and Athene; the makers of weapons to Ares and + Athene: all of whom, remembering that the Gods are their ancestors, should + be ashamed to deceive in the practice of their craft. If any man is lazy + in the fulfilment of his work, and fancies, foolish fellow, that his + patron God will not deal hardly with him, he will be punished by the God; + and let the law follow:—He who fails in his undertaking shall pay + the value, and do the work gratis in a specified time. The contractor, + like the seller, is enjoined by law to charge the simple value of his + work; in a free city, art should be a true thing, and the artist must not + practise on the ignorance of others. On the other hand, he who has ordered + any work and does not pay the workman according to agreement, dishonours + Zeus and Athene, and breaks the bonds of society. And if he does not pay + at the time agreed, let him pay double; and although interest is forbidden + in other cases, let the workman receive after the expiration of a year + interest at the rate of an obol a month for every drachma (equal to 200 + per cent. per ann.). And we may observe by the way, in speaking of + craftsmen, that if our military craft do their work well, the state will + praise those who honour them, and blame those who do not honour them. Not + that the first place of honour is to be assigned to the warrior; a higher + still is reserved for those who obey the laws. + </p> + <p> + Most of the dealings between man and man are now settled, with the + exception of such as relate to orphans and guardianships. These lead us to + speak of the intentions of the dying, about which we must make + regulations. I say 'must'; for mankind cannot be allowed to dispose of + their property as they please, in ways at variance with one another and + with law and custom. But a dying person is a strange being, and is not + easily managed; he wants to be master of all he has, and is apt to use + angry words. He will say,—'May I not do what I will with my own, and + give much to my friends, and little to my enemies?' 'There is reason in + that.' O Cleinias, in my judgment the older lawgivers were too + soft-hearted, and wanting in insight into human affairs. They were too + ready to listen to the outcry of a dying man, and hence they were induced + to give him an absolute power of bequest. But I would say to him:—O + creature of a day, you know neither what is yours nor yourself: for you + and your property are not your own, but belong to your whole family, past + and to come, and property and family alike belong to the State. And + therefore I must take out of your hands the charge of what you leave + behind you, with a view to the interests of all. And I hope that you will + not quarrel with us, now that you are going the way of all mankind; we + will do our best for you and yours when you are no longer here. Let this + be our address to the living and dying, and let the law be as follows:—The + father who has sons shall appoint one of them to be the heir of the lot; + and if he has given any other son to be adopted by another, the adoption + shall also be recorded; and if he has still a son who has no lot, and has + a chance of going to a colony, he may give him what he has more than the + lot; or if he has more than one son unprovided for, he may divide the + money between them. A son who has a house of his own, and a daughter who + is betrothed, are not to share in the bequest of money; and the son or + daughter who, having inherited one lot, acquires another, is to bequeath + the new inheritance to the next of kin. If a man have only daughters, he + may adopt the husband of any one of them; or if he have lost a son, let + him make mention of the circumstance in his will and adopt another. If he + have no children, he may give away a tenth of his acquired property to + whomsoever he likes; but he must adopt an heir to inherit the lot, and may + leave the remainder to him. Also he may appoint guardians for his + children; or if he die without appointing them or without making a will, + the nearest kinsmen,—two on the father's and two on the mother's + side,—and one friend of the departed, shall be appointed guardians. + The fifteen eldest guardians of the law are to have special charge of all + orphans, the whole number of fifteen being divided into bodies of three, + who will succeed one another according to seniority every year for five + years. If a man dying intestate leave daughters, he must pardon the law + which marries them for looking, first to kinship, and secondly to the + preservation of the lot. The legislator cannot regard the character of the + heir, which to the father is the first consideration. The law will + therefore run as follows:—If the intestate leave daughters, husbands + are to be found for them among their kindred according to the following + table of affinity: first, their father's brothers; secondly, the sons of + their father's brothers; thirdly, of their father's sisters; fourthly, + their great-uncles; fifthly, the sons of a great-uncle; sixthly, the sons + of a great-aunt. The kindred in such cases shall always be reckoned in + this way; the relationship shall proceed upwards through brothers and + sisters and brothers' and sisters' children, and first the male line must + be taken and then the female. If there is a dispute in regard to fitness + of age for marriage, this the judge shall decide, after having made an + inspection of the youth naked, and of the maiden naked down to the waist. + If the maiden has no relations within the degree of third cousin, she may + choose whom she likes, with the consent of her guardians; or she may even + select some one who has gone to a colony, and he, if he be a kinsman, will + take the lot by law; if not, he must have her guardians' consent, as well + as hers. When a man dies without children and without a will, let a young + man and a young woman go forth from the family and take up their abode in + the desolate house. The woman shall be selected from the kindred in the + following order of succession:—first, a sister of the deceased; + second, a brother's daughter; third, a sister's daughter; fourth, a + father's sister; fifth, a daughter of a father's brother; sixth, a + daughter of a father's sister. For the man the same order shall be + observed as in the preceding case. The legislator foresees that laws of + this kind will sometimes press heavily, and that his intention cannot + always be fulfilled; as for example, when there are mental and bodily + defects in the persons who are enjoined to marry. But he must be excused + for not being always able to reconcile the general principles of public + interest with the particular circumstances of individuals; and he is + willing to allow, in like manner, that the individual cannot always do + what the lawgiver wishes. And then arbiters must be chosen, who will + determine equitably the cases which may arise under the law: e.g. a rich + cousin may sometimes desire a grander match, or the requirements of the + law can only be fulfilled by marrying a madwoman. To meet such cases let + the following law be enacted:—If any one comes forward and says that + the lawgiver, had he been alive, would not have required the carrying out + of the law in a particular case, let him go to the fifteen eldest + guardians of the law who have the care of orphans; but if he thinks that + too much power is thus given to them, he may bring the case before the + court of select judges. + </p> + <p> + Thus will orphans have a second birth. In order to make their sad + condition as light as possible, the guardians of the law shall be their + parents, and shall be admonished to take care of them. And what admonition + can be more appropriate than the assurance which we formerly gave, that + the souls of the dead watch over mortal affairs? About this there are many + ancient traditions, which may be taken on trust from the legislator. Let + men fear, in the first place, the Gods above; secondly, the souls of the + departed, who naturally care for their own descendants; thirdly, the aged + living, who are quick to hear of any neglect of family duties, especially + in the case of orphans. For they are the holiest and most sacred of all + deposits, and the peculiar care of guardians and magistrates; and those + who try to bring them up well will contribute to their own good and to + that of their families. He who listens to the preamble of the law will + never know the severity of the legislator; but he who disobeys, and + injures the orphan, will pay twice the penalty he would have paid if the + parents had been alive. More laws might have been made about orphans, did + we not suppose that the guardians have children and property of their own + which are protected by the laws; and the duty of the guardian in our state + is the same as that of a father, though his honour or disgrace is greater. + A legal admonition and threat may, however, be of service: the guardian of + the orphan and the guardian of the law who is over him, shall love the + orphan as their own children, and take more care of his or her property + than of their own. If the guardian of the child neglect his duty, the + guardian of the law shall fine him; and the guardian may also have the + magistrate tried for neglect in the court of select judges, and he shall + pay, if convicted, a double penalty. Further, the guardian of the orphan + who is careless or dishonest may be fined on the information of any of the + citizens in a fourfold penalty, half to go to the orphan and half to the + prosecutor of the suit. When the orphan is of age, if he thinks that he + has been ill-used, his guardian may be brought to trial by him within five + years, and the penalty shall be fixed by the court. Or if the magistrate + has neglected the orphan, he shall pay damages to him; but if he have + defrauded him, he shall make compensation and also be deposed from his + office of guardian of the law. + </p> + <p> + If irremediable differences arise between fathers and sons, the father may + want to renounce his son, or the son may indict his father for imbecility: + such violent separations only take place when the family are 'a bad lot'; + if only one of the two parties is bad, the differences do not grow to so + great a height. But here arises a difficulty. Although in any other state + a son who is disinherited does not cease to be a citizen, in ours he does; + for the number of citizens cannot exceed 5040. And therefore he who is to + suffer such a penalty ought to be abjured, not only by his father, but by + the whole family. The law, then, should run as follows:—If any man's + evil fortune or temper incline him to disinherit his son, let him not do + so lightly or on the instant; but let him have a council of his own + relations and of the maternal relations of his son, and set forth to them + the propriety of disinheriting him, and allow his son to answer. And if + more than half of the kindred male and female, being of full age, condemn + the son, let him be disinherited. If any other citizen desires to adopt + him, he may, for young men's characters often change in the course of + life. But if, after ten years, he remains unadopted, let him be sent to a + colony. If disease, or old age, or evil disposition cause a man to go out + of his mind, and he is ruining his house and property, and his son doubts + about indicting him for insanity, let him lay the case before the eldest + guardians of the law, and consult with them. And if they advise him to + proceed, and the father is decided to be imbecile, he shall have no more + control over his property, but shall live henceforward like a child in the + house. + </p> + <p> + If a man and his wife are of incompatible tempers, ten guardians of the + law and ten of the matrons who regulate marriage shall take their case in + hand, and reconcile them, if possible. If, however, their swelling souls + cannot be pacified, the wife may try and find a new husband, and the + husband a new wife; probably they are not very gentle creatures, and + should therefore be joined to milder natures. The younger of those who are + separated should also select their partners with a view to the procreation + of children; while the older should seek a companion for their declining + years. If a woman dies, leaving children male or female, the law will + advise, but not compel, the widower to abstain from a second marriage; if + she leave no children, he shall be compelled to marry. Also a widow, if + she is not old enough to live honestly without marriage, shall marry + again; and in case she have no children, she should marry for the sake of + them. There is sometimes an uncertainty which parent the offspring is to + follow: in unions of a female slave with a male slave, or with a freedman + or free man, or of a free woman with a male slave, the offspring is to + belong to the master; but if the master or mistress be themselves the + parent of the child, the slave and the child are to be sent away to + another land. + </p> + <p> + Concerning duty to parents, let the preamble be as follows:—We + honour the Gods in their lifeless images, and believe that we thus + propitiate them. But he who has an aged father or mother has a living + image, which if he cherish it will do him far more good than any statue. + 'What do you mean by cherishing them?' I will tell you. Oedipus and + Amyntor and Theseus cursed their children, and their curses took effect. + This proves that the Gods hear the curses of parents who are wronged; and + shall we doubt that they hear and fulfil their blessings too?' 'Surely + not.' And, as we were saying, no image is more honoured by the Gods than + an aged father and mother, to whom when honour is done, the God who hears + their prayers is rejoiced, and their influence is greater than that of the + lifeless statue; for they pray that good or evil may come to us in + proportion as they are honoured or dishonoured, but the statue is silent. + 'Excellent.' Good men are glad when their parents live to extreme old age, + or if they depart early, lament their loss; but to bad man their parents + are always terrible. Wherefore let every one honour his parents, and if + this preamble fails of influencing him, let him hear the law:—If any + one does not take sufficient care of his parents, let the aggrieved person + inform the three eldest guardians of the law and three of the women who + are concerned with marriages. Women up to forty years of age, and men up + to thirty, who thus offend, shall be beaten and imprisoned. After that age + they are to be brought before a court composed of the eldest citizens, who + may inflict any punishment upon them which they please. If the injured + party cannot inform, let any freeman who hears of the case inform; a slave + who does so shall be set free,—if he be the slave of the one of the + parties, by the magistrate,—if owned by another, at the cost of the + state; and let the magistrates, take care that he is not wronged by any + one out of revenge. + </p> + <p> + The injuries which one person does to another by the use of poisons are of + two kinds;—one affects the body by the employment of drugs and + potions; the other works on the mind by the practice of sorcery and magic. + Fatal cases of either sort have been already mentioned; and now we must + have a law respecting cases which are not fatal. There is no use in + arguing with a man whose mind is disturbed by waxen images placed at his + own door, or on the sepulchre of his father or mother, or at a spot where + three ways meet. But to the wizards themselves we must address a solemn + preamble, begging them not to treat the world as if they were children, or + compel the legislator to expose them, and to show men that the poisoner + who is not a physician and the wizard who is not a prophet or diviner are + equally ignorant of what they are doing. Let the law be as follows:—He + who by the use of poison does any injury not fatal to a man or his + servants, or any injury whether fatal or not to another's cattle or bees, + is to be punished with death if he be a physician, and if he be not a + physician he is to suffer the punishment awarded by the court: and he who + injures another by sorcery, if he be a diviner or prophet, shall be put to + death; and, if he be not a diviner, the court shall determine what he + ought to pay or suffer. + </p> + <p> + Any one who injures another by theft or violence shall pay damages at + least equal to the injury; and besides the compensation, a suitable + punishment shall be inflicted. The foolish youth who is the victim of + others is to have a lighter punishment; he whose folly is occasioned by + his own jealousy or desire or anger is to suffer more heavily. Punishment + is to be inflicted, not for the sake of vengeance, for what is done cannot + be undone, but for the sake of prevention and reformation. And there + should be a proportion between the punishment and the crime, in which the + judge, having a discretion left him, must, by estimating the crime, second + the legislator, who, like a painter, furnishes outlines for him to fill + up. + </p> + <p> + A madman is not to go about at large in the city, but is to be taken care + of by his relatives. Neglect on their part is to be punished in the first + class by a fine of a hundred drachmas, and proportionally in the others. + Now madness is of various kinds; in addition to that which arises from + disease there is the madness which originates in a passionate temperament, + and makes men when engaged in a quarrel use foul and abusive language + against each other. This is intolerable in a well-ordered state; and + therefore our law shall be as follows:—No one is to speak evil of + another, but when men differ in opinion they are to instruct one another + without speaking evil. Nor should any one seek to rouse the passions which + education has calmed; for he who feeds and nurses his wrath is apt to make + ribald jests at his opponent, with a loss of character or dignity to + himself. And for this reason no one may use any abusive word in a temple, + or at sacrifices, or games, or in any public assembly, and he who offends + shall be censured by the proper magistrate; and the magistrate, if he fail + to censure him, shall not claim the prize of virtue. In any other place + the angry man who indulges in revilings, whether he be the beginner or + not, may be chastised by an elder. The reviler is always trying to make + his opponent ridiculous; and the use of ridicule in anger we cannot allow. + We forbid the comic poet to ridicule our citizens, under a penalty of + expulsion from the country or a fine of three minae. Jest in which there + is no offence may be allowed; but the question of offence shall be + determined by the director of education, who is to be the licenser of + theatrical performances. + </p> + <p> + The righteous man who is in adversity will not be allowed to starve in a + well-ordered city; he will never be a beggar. Nor is a man to be pitied, + merely because he is hungry, unless he be temperate. Therefore let the law + be as follows:—Let there be no beggars in our state; and he who begs + shall be expelled by the magistrates both from town and country. + </p> + <p> + If a slave, male or female, does any harm to the property of another, who + is not himself a party to the harm, the master shall compensate the injury + or give up the offending slave. But if the master argue that the charge + has arisen by collusion, with the view of obtaining the slave, he may put + the plaintiff on his trial for malpractices, and recover from him twice + the value of the slave; or if he is cast he must make good the damage and + deliver up the slave. The injury done by a horse or other animal shall be + compensated in like manner. + </p> + <p> + A witness who will not come of himself may be summoned, and if he fail in + appearing, he shall be liable for any harm which may ensue: if he swears + that he does not know, he may leave the court. A judge who is called upon + as a witness must not vote. A free woman, if she is over forty, may bear + witness and plead, and, if she have no husband, she may also bring an + action. A slave, male or female, and a child may witness and plead only in + case of murder, but they must give sureties that they will appear at the + trial, if they should be charged with false witness. Such charges must be + made pending the trial, and the accusations shall be sealed by both + parties and kept by the magistrates until the trial for perjury comes off. + If a man is twice convicted of perjury, he is not to be required, if three + times, he is not to be allowed to bear witness, or, if he persists in + bearing witness, is to be punished with death. When more than half the + evidence is proved to be false there must be a new trial. + </p> + <p> + The best and noblest things in human life are liable to be defiled and + perverted. Is not justice the civilizer of mankind? And yet upon the noble + profession of the advocate has come an evil name. For he is said to make + the worse appear the better cause, and only requires money in return for + his services. Such an art will be forbidden by the legislator, and if + existing among us will be requested to depart to another city. To the + disobedient let the voice of the law be heard saying:—He who tries + to pervert justice in the minds of the judges, or to increase litigation, + shall be brought before the supreme court. If he does so from + contentiousness, let him be silenced for a time, and, if he offend again, + put to death. If he have acted from a love of gain, let him be sent out of + the country if he be a foreigner, or if he be a citizen let him be put to + death. + </p> + <p> + BOOK XII. If a false message be taken to or brought from other states, + whether friendly or hostile, by ambassadors or heralds, they shall be + indicted for having dishonoured their sacred office, and, if convicted, + shall suffer a penalty.—Stealing is mean; robbery is shameless. Let + no man deceive himself by the supposed example of the Gods, for no God or + son of a God ever really practised either force or fraud. On this point + the legislator is better informed than all the poets put together. He who + listens to him shall be for ever happy, but he who will not listen shall + have the following law directed against him:—He who steals much, or + he who steals little of the public property is deserving of the same + penalty; for they are both impelled by the same evil motive. When the law + punishes one man more lightly than another, this is done under the idea, + not that he is less guilty, but that he is more curable. Now a thief who + is a foreigner or slave may be curable; but the thief who is a citizen, + and has had the advantages of education, should be put to death, for he is + incurable. + </p> + <p> + Much consideration and many regulations are necessary about military + expeditions; the great principal of all is that no one, male or female, in + war or peace, in great matters or small, shall be without a commander. + Whether men stand or walk, or drill, or pursue, or retreat, or wash, or + eat, they should all act together and in obedience to orders. We should + practise from our youth upwards the habits of command and obedience. All + dances, relaxations, endurances of meats and drinks, of cold and heat, and + of hard couches, should have a view to war, and care should be taken not + to destroy the natural covering and use of the head and feet by wearing + shoes and caps; for the head is the lord of the body, and the feet are the + best of servants. The soldier should have thoughts like these; and let him + hear the law:—He who is enrolled shall serve, and if he absent + himself without leave he shall be indicted for failure of service before + his own branch of the army when the expedition returns, and if he be found + guilty he shall suffer the penalty which the courts award, and never be + allowed to contend for any prize of valour, or to accuse another of + misbehaviour in military matters. Desertion shall also be tried and + punished in the same manner. After the courts for trying failure of + service and desertion have been held, the generals shall hold another + court, in which the several arms of the service will award prizes for the + expedition which has just concluded. The prize is to be a crown of olive, + which the victor shall offer up at the temple of his favourite war + God...In any suit which a man brings, let the indictment be scrupulously + true, for justice is an honourable maiden, to whom falsehood is naturally + hateful. For example, when men are prosecuted for having lost their arms, + great care should be taken by the witnesses to distinguish between cases + in which they have been lost from necessity and from cowardice. If the + hero Patroclus had not been killed but had been brought back alive from + the field, he might have been reproached with having lost the divine + armour. And a man may lose his arms in a storm at sea, or from a fall, and + under many other circumstances. There is a distinction of language to be + observed in the use of the two terms, 'thrower away of a shield' + (ripsaspis), and 'loser of arms' (apoboleus oplon), one being the + voluntary, the other the involuntary relinquishment of them. Let the law + then be as follows:—If any one is overtaken by the enemy, having + arms in his hands, and he leaves them behind him voluntarily, choosing + base life instead of honourable death, let justice be done. The old legend + of Caeneus, who was changed by Poseidon from a woman into a man, may teach + by contraries the appropriate punishment. Let the thrower away of his + shield be changed from a man into a woman—that is to say, let him be + all his life out of danger, and never again be admitted by any commander + into the ranks of his army; and let him pay a heavy fine according to his + class. And any commander who permits him to serve shall also be punished + by a fine. + </p> + <p> + All magistrates, whatever be their tenure of office, must give an account + of their magistracy. But where shall we find the magistrate who is worthy + to supervise them or look into their short-comings and crooked ways? The + examiner must be more than man who is sufficient for these things. For the + truth is that there are many causes of the dissolution of states; which, + like ships or animals, have their cords, and girders, and sinews easily + relaxed, and nothing tends more to their welfare and preservation than the + supervision of them by examiners who are better than the magistrates; + failing in this they fall to pieces, and each becomes many instead of one. + Wherefore let the people meet after the summer solstice, in the precincts + of Apollo and the Sun, and appoint three men of not less than fifty years + of age. They shall proceed as follows:—Each citizen shall select + some one, not himself, whom he thinks the best. The persons selected shall + be reduced to one half, who have the greatest number of votes, if they are + an even number; but if an odd number, he who has the smallest number of + votes shall be previously withdrawn. The voting shall continue in the same + manner until three only remain; and if the number of votes cast for them + be equal, a distinction between the first, second, and third shall be made + by lot. The three shall be crowned with an olive wreath, and proclamation + made, that the city of the Magnetes, once more preserved by the Gods, + presents her three best men to Apollo and the Sun, to whom she dedicates + them as long as their lives answer to the judgment formed of them. They + shall choose in the first year of their office twelve examiners, to + continue until they are seventy-five years of age; afterwards three shall + be added annually. While they hold office, they shall dwell within the + precinct of the God. They are to divide all the magistracies into twelve + classes, and may apply any methods of enquiry, and inflict any punishments + which they please; in some cases singly, in other cases together, + announcing the acquittal or punishment of the magistrate on a tablet which + they will place in the agora. A magistrate who has been condemned by the + examiners may appeal to the select judges, and, if he gain his suit, may + in turn prosecute the examiners; but if the appellant is cast, his + punishment shall be doubled, unless he was previously condemned to death. + </p> + <p> + And what honours shall be paid to these examiners, whom the whole state + counts worthy of the rewards of virtue? They shall have the first place at + all sacrifices and other ceremonies, and in all assemblies and public + places; they shall go on sacred embassies, and have the exclusive + privilege of wearing a crown of laurel. They are priests of Apollo and the + Sun, and he of their number who is judged first shall be high priest, and + give his name to the year. The manner of their burial, too, shall be + different from that of the other citizens. The colour of their funeral + array shall be white, and, instead of the voice of lamentation, around the + bier shall stand a chorus of fifteen boys and fifteen maidens, chanting + hymns in honour of the deceased in alternate strains during an entire day; + and at dawn a band of a hundred youths shall carry the bier to the grave, + marching in the garb of warriors, and the boys in front of the bier shall + sing their national hymn, while the maidens and women past child-bearing + follow after. Priests and priestesses may also follow, unless the Pythian + oracle forbids. The sepulchre shall be a vault built underground, which + will last for ever, having couches of stone placed side by side; on one of + these they shall lay the departed saint, and then cover the tomb with a + mound, and plant trees on every side except one, where an opening shall be + left for other interments. Every year there shall be games—musical, + gymnastic, or equestrian, in honour of those who have passed every ordeal. + But if any of them, after having been acquitted on any occasion, begin to + show the wickedness of human nature, he who pleases may bring them to + trial before a court composed of the guardians of the law, and of the + select judges, and of any of the examiners who are alive. If he be + convicted he shall be deprived of his honours, and if the accuser do not + obtain a fifth part of the votes, he shall pay a fine according to his + class. + </p> + <p> + What is called the judgment of Rhadamanthus is suited to 'ages of faith,' + but not to our days. He knew that his contemporaries believed in the Gods, + for many of them were the sons of Gods; and he thought that the easiest + and surest method of ending litigation was to commit the decision to + Heaven. In our own day, men either deny the existence of Gods or their + care of men, or maintain that they may be bribed by attentions and gifts; + and the procedure of Rhadamanthus would therefore be out of date. When the + religious ideas of mankind change, their laws should also change. Thus + oaths should no longer be taken from plaintiff and defendant; simple + statements of affirmation and denial should be substituted. For there is + something dreadful in the thought, that nearly half the citizens of a + state are perjured men. There is no objection to an oath, where a man has + no interest in forswearing himself; as, for example, when a judge is about + to give his decision, or in voting at an election, or in the judgment of + games and contests. But where there would be a premium on perjury, oaths + and imprecations should be prohibited as irrelevant, like appeals to + feeling. Let the principles of justice be learned and taught without words + of evil omen. The oaths of a stranger against a stranger may be allowed, + because strangers are not permitted to become permanent residents in our + state. + </p> + <p> + Trials in private causes are to be decided in the same manner as lesser + offences against the state. The non-attendance at a chorus or sacrifice, + or the omission to pay a war-tax, may be regarded as in the first instance + remediable, and the defaulter may give security; but if he forfeits the + security, the goods pledged shall be sold and the money given to the + state. And for obstinate disobedience, the magistrate shall have the power + of inflicting greater penalties. + </p> + <p> + A city which is without trade or commerce must consider what it will do + about the going abroad of its own people and the admission of strangers. + For out of intercourse with strangers there arises great confusion of + manners, which in most states is not of any consequence, because the + confusion exists already; but in a well-ordered state it may be a great + evil. Yet the absolute prohibition of foreign travel, or the exclusion of + strangers, is impossible, and would appear barbarous to the rest of + mankind. Public opinion should never be lightly regarded, for the many are + not so far wrong in their judgments as in their lives. Even the worst of + men have often a divine instinct, which enables them to judge of the + differences between the good and bad. States are rightly advised when they + desire to have the praise of men; and the greatest and truest praise is + that of virtue. And our Cretan colony should, and probably will, have a + character for virtue, such as few cities have. Let this, then, be our law + about foreign travel and the reception of strangers:—No one shall be + allowed to leave the country who is under forty years of age—of + course military service abroad is not included in this regulation—and + no one at all except in a public capacity. To the Olympic, and Pythian, + and Nemean, and Isthmian games, shall be sent the fairest and best and + bravest, who shall support the dignity of the city in time of peace. + These, when they come home, shall teach the youth the inferiority of all + other governments. Besides those who go on sacred missions, other persons + shall be sent out by permission of the guardians to study the institutions + of foreign countries. For a people which has no experience, and no + knowledge of the characters of men or the reason of things, but lives by + habit only, can never be perfectly civilized. Moreover, in all states, bad + as well as good, there are holy and inspired men; these the citizen of a + well-ordered city should be ever seeking out; he should go forth to find + them over sea and over land, that he may more firmly establish + institutions in his own state which are good already and amend the bad. + 'What will be the best way of accomplishing such an object?' In the first + place, let the visitor of foreign countries be between fifty and sixty + years of age, and let him be a citizen of repute, especially in military + matters. On his return he shall appear before the Nocturnal Council: this + is a body which sits from dawn to sunrise, and includes amongst its + members the priests who have gained the prize of virtue, and the ten + oldest guardians of the law, and the director and past directors of + education; each of whom has power to bring with him a younger friend of + his own selection, who is between thirty and forty. The assembly thus + constituted shall consider the laws of their own and other states, and + gather information relating to them. Anything of the sort which is + approved by the elder members of the council shall be studied with all + diligence by the younger; who are to be specially watched by the rest of + the citizens, and shall receive honour, if they are deserving of honour, + or dishonour, if they prove inferior. This is the assembly to which the + visitor of foreign countries shall come and tell anything which he has + heard from others in the course of his travels, or which he has himself + observed. If he be made neither better nor worse, let him at least be + praised for his zeal; and let him receive still more praise, and special + honour after death, if he be improved. But if he be deteriorated by his + travels, let him be prohibited from speaking to any one; and if he submit, + he may live as a private individual: but if he be convicted of attempting + to make innovations in education and the laws, let him die. + </p> + <p> + Next, as to the reception of strangers. Of these there are four classes:—First, + merchants, who, like birds of passage, find their way over the sea at a + certain time of the year, that they may exhibit their wares. These should + be received in markets and public buildings without the city, by proper + officers, who shall see that justice is done them, and shall also watch + against any political designs which they may entertain; no more + intercourse is to be held with them than is absolutely necessary. + Secondly, there are the visitors at the festivals, who shall be + entertained by hospitable persons at the temples for a reasonable time; + the priests and ministers of the temples shall have a care of them. In + small suits brought by them or against them, the priests shall be the + judges; but in the more important, the wardens of the agora. Thirdly, + there are ambassadors of foreign states; these are to be honourably + received by the generals and commanders, and placed under the care of the + Prytanes and of the persons with whom they are lodged. Fourthly, there is + the philosophical stranger, who, like our own spectators, from time to + time goes to see what is rich and rare in foreign countries. Like them he + must be fifty years of age: and let him go unbidden to the doors of the + wise and rich, that he may learn from them, and they from him. + </p> + <p> + These are the rules of missions into foreign countries, and of the + reception of strangers. Let Zeus, the God of hospitality, be honoured; and + let not the stranger be excluded, as in Egypt, from meals and sacrifices, + or, (as at Sparta,) driven away by savage proclamations. + </p> + <p> + Let guarantees be clearly given in writing and before witnesses. The + number of witnesses shall be three when the sum lent is under a thousand + drachmas, or five when above. The agent and principal at a fraudulent sale + shall be equally liable. He who would search another man's house for + anything must swear that he expects to find it there; and he shall enter + naked, or having on a single garment and no girdle. The owner shall place + at the disposal of the searcher all his goods, sealed as well as unsealed; + if he refuse, he shall be liable in double the value of the property, if + it shall prove to be in his possession. If the owner be absent, the + searcher may counter-seal the property which is under seal, and place + watchers. If the owner remain absent more than five days, the searcher + shall take the magistrates, and open the sealed property, and seal it up + again in their presence. The recovery of goods disputed, except in the + case of lands and houses, (about which there can be no dispute in our + state), is to be barred by time. The public and unimpeached use of + anything for a year in the city, or for five years in the country, or the + private possession and domestic use for three years in the city, or for + ten years in the country, is to give a right of ownership. But if the + possessor have the property in a foreign country, there shall be no bar as + to time. The proceedings of any trial are to be void, in which either the + parties or the witnesses, whether bond or free, have been prevented by + violence from attending:—if a slave be prevented, the suit shall be + invalid; or if a freeman, he who is guilty of the violence shall be + imprisoned for a year, and shall also be liable to an action for + kidnapping. If one competitor forcibly prevents another from attending at + the games, the other may be inscribed as victor in the temples, and the + first, whether victor or not, shall be liable to an action for damages. + The receiver of stolen goods shall undergo the same punishment as the + thief. The receiver of an exile shall be punished with death. A man ought + to have the same friends and enemies as his country; and he who makes war + or peace for himself shall be put to death. And if a party in the state + make war or peace, their leaders shall be indicted by the generals, and, + if convicted, they shall be put to death. The ministers and officers of a + country ought not to receive gifts, even as the reward of good deeds. He + who disobeys shall die. + </p> + <p> + With a view to taxation a man should have his property and income valued: + and the government may, at their discretion, levy the tax upon the annual + return, or take a portion of the whole. + </p> + <p> + The good man will offer moderate gifts to the Gods; his land or hearth + cannot be offered, because they are already consecrated to all Gods. Gold + and silver, which arouse envy, and ivory, which is taken from the dead + body of an animal, are unsuitable offerings; iron and brass are materials + of war. Wood and stone of a single piece may be offered; also woven work + which has not occupied one woman more than a month in making. White is a + colour which is acceptable to the Gods; figures of birds and similar + offerings are the best of gifts, but they must be such as the painter can + execute in a day. + </p> + <p> + Next concerning lawsuits. Judges, or rather arbiters, may be agreed upon + by the plaintiff and defendant; and if no decision is obtained from them, + their fellow-tribesmen shall judge. At this stage there shall be an + increase of the penalty: the defendant, if he be cast, shall pay a fifth + more than the damages claimed. If he further persist, and appeal a second + time, the case shall be heard before the select judges; and he shall pay, + if defeated, the penalty and half as much again. And the pursuer, if on + the first appeal he is defeated, shall pay one fifth of the damages + claimed by him; and if on the second, one half. Other matters relating to + trials, such as the assignment of judges to courts, the times of sitting, + the number of judges, the modes of pleading and procedure, as we have + already said, may be determined by younger legislators. + </p> + <p> + These are to be the rules of private courts. As regards public courts, + many states have excellent modes of procedure which may serve for models; + these, when duly tested by experience, should be ratified and made + permanent by us. + </p> + <p> + Let the judge be accomplished in the laws. He should possess writings + about them, and make a study of them; for laws are the highest instrument + of mental improvement, and derive their name from mind (nous, nomos). They + afford a measure of all censure and praise, whether in verse or prose, in + conversation or in books, and are an antidote to the vain disputes of men + and their equally vain acquiescence in each other's opinions. The just + judge, who imbibes their spirit, makes the city and himself to stand + upright. He establishes justice for the good, and cures the tempers of the + bad, if they can be cured; but denounces death, which is the only remedy, + to the incurable, the threads of whose life cannot be reversed. + </p> + <p> + When the suits of the year are completed, execution is to follow. The + court is to award to the plaintiff the property of the defendant, if he is + cast, reserving to him only his lot of land. If the plaintiff is not + satisfied within a month, the court shall put into his hands the property + of the defendant. If the defendant fails in payment to the amount of a + drachma, he shall lose the use and protection of the court; or if he rebel + against the authority of the court, he shall be brought before the + guardians of the law, and if found guilty he shall be put to death. + </p> + <p> + Man having been born, educated, having begotten and brought up children, + and gone to law, fulfils the debt of nature. The rites which are to be + celebrated after death in honour of the Gods above and below shall be + determined by the Interpreters. The dead shall be buried in uncultivated + places, where they will be out of the way and do least injury to the + living. For no one either in life or after death has any right to deprive + other men of the sustenance which mother earth provides for them. No + sepulchral mound is to be piled higher than five men can raise it in five + days, and the grave-stone shall not be larger than is sufficient to + contain an inscription of four heroic verses. The dead are only to be + exposed for three days, which is long enough to test the reality of death. + The legislator will instruct the people that the body is a mere shadow or + image, and that the soul, which is our true being, is gone to give an + account of herself before the Gods below. When they hear this, the good + are full of hope, and the evil are terrified. It is also said that not + much can be done for any one after death. And therefore while in life all + man should be helped by their kindred to pass their days justly and + holily, that they may depart in peace. When a man loses a son or a + brother, he should consider that the beloved one has gone away to fulfil + his destiny in another place, and should not waste money over his lifeless + remains. Let the law then order a moderate funeral of five minae for the + first class, of three for the second, of two for the third, of one for the + fourth. One of the guardians of the law, to be selected by the relatives, + shall assist them in arranging the affairs of the deceased. There would be + a want of delicacy in prescribing that there should or should not be + mourning for the dead. But, at any rate, such mourning is to be confined + to the house; there must be no processions in the streets, and the dead + body shall be taken out of the city before daybreak. Regulations about + other forms of burial and about the non-burial of parricides and other + sacrilegious persons have already been laid down. The work of legislation + is therefore nearly completed; its end will be finally accomplished when + we have provided for the continuance of the state. + </p> + <p> + Do you remember the names of the Fates? Lachesis, the giver of the lots, + is the first of them; Clotho, the spinster, the second; Atropos, the + unchanging one, is the third and last, who makes the threads of the web + irreversible. And we too want to make our laws irreversible, for the + unchangeable quality in them will be the salvation of the state, and the + source of health and order in the bodies and souls of our citizens. 'But + can such a quality be implanted?' I think that it may; and at any rate we + must try; for, after all our labour, to have been piling up a fabric which + has no foundation would be too ridiculous. 'What foundation would you + lay?' We have already instituted an assembly which was composed of the ten + oldest guardians of the law, and secondly, of those who had received + prizes of virtue, and thirdly, of the travellers who had gone abroad to + enquire into the laws of other countries. Moreover, each of the members + was to choose a young man, of not less than thirty years of age, to be + approved by the rest; and they were to meet at dawn, when all the world is + at leisure. This assembly will be an anchor to the vessel of state, and + provide the means of permanence; for the constitutions of states, like all + other things, have their proper saviours, which are to them what the head + and soul are to the living being. 'How do you mean?' Mind in the soul, and + sight and hearing in the head, or rather, the perfect union of mind and + sense, may be justly called every man's salvation. 'Certainly.' Yes; but + of what nature is this union? In the case of a ship, for example, the + senses of the sailors are added to the intelligence of the pilot, and the + two together save the ship and the men in the ship. Again, the physician + and the general have their objects; and the object of the one is health, + of the other victory. States, too, have their objects, and the ruler must + understand, first, their nature, and secondly, the means of attaining + them, whether in laws or men. The state which is wanting in this knowledge + cannot be expected to be wise when the time for action arrives. Now what + class or institution is there in our state which has such a saving power? + 'I suspect that you are referring to the Nocturnal Council.' Yes, to that + council which is to have all virtue, and which should aim directly at the + mark. 'Very true.' The inconsistency of legislation in most states is not + surprising, when the variety of their objects is considered. One of them + makes their rule of justice the government of a class; another aims at + wealth; another at freedom, or at freedom and power; and some who call + themselves philosophers maintain that you should seek for all of them at + once. But our object is unmistakeably virtue, and virtue is of four kinds. + 'Yes; and we said that mind is the chief and ruler of the three other + kinds of virtue and of all else.' True, Cleinias; and now, having already + declared the object which is present to the mind of the pilot, the + general, the physician, we will interrogate the mind of the statesman. + Tell me, I say, as the physician and general have told us their object, + what is the object of the statesman. Can you tell me? 'We cannot.' Did we + not say that there are four virtues—courage, wisdom, and two others, + all of which are called by the common name of virtue, and are in a sense + one? 'Certainly we did.' The difficulty is, not in understanding the + differences of the virtues, but in apprehending their unity. Why do we + call virtue, which is a single thing, by the two names of wisdom and + courage? The reason is that courage is concerned with fear, and is found + both in children and in brutes; for the soul may be courageous without + reason, but no soul was, or ever will be, wise without reason. 'That is + true.' I have explained to you the difference, and do you in return + explain to me the unity. But first let us consider whether any one who + knows the name of a thing without the definition has any real knowledge of + it. Is not such knowledge a disgrace to a man of sense, especially where + great and glorious truths are concerned? and can any subject be more + worthy of the attention of our legislators than the four virtues of which + we are speaking—courage, temperance, justice, wisdom? Ought not the + magistrates and officers of the state to instruct the citizens in the + nature of virtue and vice, instead of leaving them to be taught by some + chance poet or sophist? A city which is without instruction suffers the + usual fate of cities in our day. What then shall we do? How shall we + perfect the ideas of our guardians about virtue? how shall we give our + state a head and eyes? 'Yes, but how do you apply the figure?' The city + will be the body or trunk; the best of our young men will mount into the + head or acropolis and be our eyes; they will look about them, and inform + the elders, who are the mind and use the younger men as their instruments: + together they will save the state. Shall this be our constitution, or + shall all be educated alike, and the special training be given up? 'That + is impossible.' Let us then endeavour to attain to some more exact idea of + education. Did we not say that the true artist or guardian ought to have + an eye, not only to the many, but to the one, and to order all things with + a view to the one? Can there be any more philosophical speculation than + how to reduce many things which are unlike to one idea? 'Perhaps not.' Say + rather, 'Certainly not.' And the rulers of our divine state ought to have + an exact knowledge of the common principle in courage, temperance, + justice, wisdom, which is called by the name of virtue; and unless we know + whether virtue is one or many, we shall hardly know what virtue is. Shall + we contrive some means of engrafting this knowledge on our state, or give + the matter up? 'Anything rather than that.' Let us begin by making an + agreement. 'By all means, if we can.' Well, are we not agreed that our + guardians ought to know, not only how the good and the honourable are + many, but also how they are one? 'Yes, certainly.' The true guardian of + the laws ought to know their truth, and should also be able to interpret + and execute them? 'He should.' And is there any higher knowledge than the + knowledge of the existence and power of the Gods? The people may be + excused for following tradition; but the guardian must be able to give a + reason of the faith which is in him. And there are two great evidences of + religion—the priority of the soul and the order of the heavens. For + no man of sense, when he contemplates the universe, will be likely to + substitute necessity for reason and will. Those who maintain that the sun + and the stars are inanimate beings are utterly wrong in their opinions. + The men of a former generation had a suspicion, which has been confirmed + by later thinkers, that things inanimate could never without mind have + attained such scientific accuracy; and some (Anaxagoras) even in those + days ventured to assert that mind had ordered all things in heaven; but + they had no idea of the priority of mind, and they turned the world, or + more properly themselves, upside down, and filled the universe with + stones, and earth, and other inanimate bodies. This led to great impiety, + and the poets said many foolish things against the philosophers, whom they + compared to 'yelping she-dogs,' besides making other abusive remarks. No + man can now truly worship the Gods who does not believe that the soul is + eternal, and prior to the body, and the ruler of all bodies, and does not + perceive also that there is mind in the stars; or who has not heard the + connexion of these things with music, and has not harmonized them with + manners and laws, giving a reason of things which are matters of reason. + He who is unable to acquire this knowledge, as well as the ordinary + virtues of a citizen, can only be a servant, and not a ruler in the state. + </p> + <p> + Let us then add another law to the effect that the Nocturnal Council shall + be a guard set for the salvation of the state. 'Very good.' To establish + this will be our aim, and I hope that others besides myself will assist. + 'Let us proceed along the road in which God seems to guide us.' We cannot, + Megillus and Cleinias, anticipate the details which will hereafter be + needed; they must be supplied by experience. 'What do you mean?' First of + all a register will have to be made of all those whose age, character, or + education would qualify them to be guardians. The subjects which they are + to learn, and the order in which they are to be learnt, are mysteries + which cannot be explained beforehand, but not mysteries in any other + sense. 'If that is the case, what is to be done?' We must stake our all on + a lucky throw, and I will share the risk by stating my views on education. + And I would have you, Cleinias, who are the founder of the Magnesian + state, and will obtain the greatest glory if you succeed, and will at + least be praised for your courage, if you fail, take especial heed of this + matter. If we can only establish the Nocturnal Council, we will hand over + the city to its keeping; none of the present company will hesitate about + that. Our dream will then become a reality; and our citizens, if they are + carefully chosen and well educated, will be saviours and guardians such as + the world hitherto has never seen. + </p> + <p> + The want of completeness in the Laws becomes more apparent in the later + books. There is less arrangement in them, and the transitions are more + abrupt from one subject to another. Yet they contain several noble + passages, such as the 'prelude to the discourse concerning the honour and + dishonour of parents,' or the picture of the dangers attending the + 'friendly intercourse of young men and maidens with one another,' or the + soothing remonstrance which is addressed to the dying man respecting his + right to do what he will with his own, or the fine description of the + burial of the dead. The subject of religion in Book X is introduced as a + prelude to offences against the Gods, and this portion of the work appears + to be executed in Plato's best manner. + </p> + <p> + In the last four books, several questions occur for consideration: among + them are (I) the detection and punishment of offences; (II) the nature of + the voluntary and involuntary; (III) the arguments against atheism, and + against the opinion that the Gods have no care of human affairs; (IV) the + remarks upon retail trade; (V) the institution of the Nocturnal Council. + </p> + <p> + I. A weak point in the Laws of Plato is the amount of inquisition into + private life which is to be made by the rulers. The magistrate is always + watching and waylaying the citizens. He is constantly to receive + information against improprieties of life. Plato does not seem to be aware + that espionage can only have a negative effect. He has not yet discovered + the boundary line which parts the domain of law from that of morality or + social life. Men will not tell of one another; nor will he ever be the + most honoured citizen, who gives the most frequent information about + offenders to the magistrates. + </p> + <p> + As in some writers of fiction, so also in philosophers, we may observe the + effect of age. Plato becomes more conservative as he grows older, and he + would govern the world entirely by men like himself, who are above fifty + years of age; for in them he hopes to find a principle of stability. He + does not remark that, in destroying the freedom he is destroying also the + life of the State. In reducing all the citizens to rule and measure, he + would have been depriving the Magnesian colony of those great men 'whose + acquaintance is beyond all price;' and he would have found that in the + worst-governed Hellenic State, there was more of a carriere ouverte for + extraordinary genius and virtue than in his own. + </p> + <p> + Plato has an evident dislike of the Athenian dicasteries; he prefers a few + judges who take a leading part in the conduct of trials to a great number + who only listen in silence. He allows of two appeals—in each case + however with an increase of the penalty. Modern jurists would disapprove + of the redress of injustice being purchased only at an increasing risk; + though indirectly the burden of legal expenses, which seems to have been + little felt among the Athenians, has a similar effect. The love of + litigation, which is a remnant of barbarism quite as much as a corruption + of civilization, and was innate in the Athenian people, is diminished in + the new state by the imposition of severe penalties. If persevered in, it + is to be punished with death. + </p> + <p> + In the Laws murder and homicide besides being crimes, are also pollutions. + Regarded from this point of view, the estimate of such offences is apt to + depend on accidental circumstances, such as the shedding of blood, and not + on the real guilt of the offender or the injury done to society. They are + measured by the horror which they arouse in a barbarous age. For there is + a superstition in law as well as in religion, and the feelings of a + primitive age have a traditional hold on the mass of the people. On the + other hand, Plato is innocent of the barbarity which would visit the sins + of the fathers upon the children, and he is quite aware that punishment + has an eye to the future, and not to the past. Compared with that of most + European nations in the last century his penal code, though sometimes + capricious, is reasonable and humane. + </p> + <p> + A defect in Plato's criminal jurisprudence is his remission of the + punishment when the homicide has obtained the forgiveness of the murdered + person; as if crime were a personal affair between individuals, and not an + offence against the State. There is a ridiculous disproportion in his + punishments. Because a slave may fairly receive a blow for stealing one + fig or one bunch of grapes, or a tradesman for selling adulterated goods + to the value of one drachma, it is rather hard upon the slave that he + should receive as many blows as he has taken grapes or figs, or upon the + tradesman who has sold adulterated goods to the value of a thousand + drachmas that he should receive a thousand blows. + </p> + <p> + II. But before punishment can be inflicted at all, the legislator must + determine the nature of the voluntary and involuntary. The great question + of the freedom of the will, which in modern times has been worn threadbare + with purely abstract discussion, was approached both by Plato and + Aristotle—first, from the judicial; secondly, from the sophistical + point of view. They were puzzled by the degrees and kinds of crime; they + observed also that the law only punished hurts which are inflicted by a + voluntary agent on an involuntary patient. + </p> + <p> + In attempting to distinguish between hurt and injury, Plato says that mere + hurt is not injury; but that a benefit when done in a wrong spirit may + sometimes injure, e.g. when conferred without regard to right and wrong, + or to the good or evil consequences which may follow. He means to say that + the good or evil disposition of the agent is the principle which + characterizes actions; and this is not sufficiently described by the terms + voluntary and involuntary. You may hurt another involuntarily, and no one + would suppose that you had injured him; and you may hurt him voluntarily, + as in inflicting punishment—neither is this injury; but if you hurt + him from motives of avarice, ambition, or cowardly fear, this is injury. + Injustice is also described as the victory of desire or passion or + self-conceit over reason, as justice is the subordination of them to + reason. In some paradoxical sense Plato is disposed to affirm all + injustice to be involuntary; because no man would do injustice who knew + that it never paid and could calculate the consequences of what he was + doing. Yet, on the other hand, he admits that the distinction of voluntary + and involuntary, taken in another and more obvious sense, is the basis of + legislation. His conception of justice and injustice is complicated (1) by + the want of a distinction between justice and virtue, that is to say, + between the quality which primarily regards others, and the quality in + which self and others are equally regarded; (2) by the confusion of doing + and suffering justice; (3) by the unwillingness to renounce the old + Socratic paradox, that evil is involuntary. + </p> + <p> + III. The Laws rest on a religious foundation; in this respect they bear + the stamp of primitive legislation. They do not escape the almost + inevitable consequence of making irreligion penal. If laws are based upon + religion, the greatest offence against them must be irreligion. Hence the + necessity for what in modern language, and according to a distinction + which Plato would scarcely have understood, might be termed persecution. + But the spirit of persecution in Plato, unlike that of modern religious + bodies, arises out of the desire to enforce a true and simple form of + religion, and is directed against the superstitions which tend to degrade + mankind. Sir Thomas More, in his Utopia, is in favour of tolerating all + except the intolerant, though he would not promote to high offices those + who disbelieved in the immortality of the soul. Plato has not advanced + quite so far as this in the path of toleration. But in judging of his + enlightenment, we must remember that the evils of necromancy and + divination were far greater than those of intolerance in the ancient + world. Human nature is always having recourse to the first; but only when + organized into some form of priesthood falls into the other; although in + primitive as in later ages the institution of a priesthood may claim + probably to be an advance on some form of religion which preceded. The + Laws would have rested on a sounder foundation, if Plato had ever + distinctly realized to his mind the difference between crime and sin or + vice. Of this, as of many other controversies, a clear definition might + have been the end. But such a definition belongs to a later age of + philosophy. + </p> + <p> + The arguments which Plato uses for the being of a God, have an extremely + modern character: first, the consensus gentium; secondly, the argument + which has already been adduced in the Phaedrus, of the priority of the + self-moved. The answer to those who say that God 'cares not,' is, that He + governs by general laws; and that he who takes care of the great will + assuredly take care of the small. Plato did not feel, and has not + attempted to consider, the difficulty of reconciling the special with the + general providence of God. Yet he is on the road to a solution, when he + regards the world as a whole, of which all the parts work together towards + the final end. + </p> + <p> + We are surprised to find that the scepticism, which we attribute to young + men in our own day, existed then (compare Republic); that the Epicureanism + expressed in the line of Horace (borrowed from Lucretius)— + </p> + <p> + 'Namque Deos didici securum agere aevum,' + </p> + <p> + was already prevalent in the age of Plato; and that the terrors of another + world were freely used in order to gain advantages over other men in this. + The same objection which struck the Psalmist—'when I saw the + prosperity of the wicked'—is supposed to lie at the root of the + better sort of unbelief. And the answer is substantially the same which + the modern theologian would offer:—that the ways of God in this + world cannot be justified unless there be a future state of rewards and + punishments. Yet this future state of rewards and punishments is in + Plato's view not any addition of happiness or suffering imposed from + without, but the permanence of good and evil in the soul: here he is in + advance of many modern theologians. The Greek, too, had his difficulty + about the existence of evil, which in one solitary passage, remarkable for + being inconsistent with his general system, Plato explains, after the + Magian fashion, by a good and evil spirit (compare Theaet., Statesman). + This passage is also remarkable for being at variance with the general + optimism of the Tenth Book—not 'all things are ordered by God for + the best,' but some things by a good, others by an evil spirit. + </p> + <p> + The Tenth Book of the Laws presents a picture of the state of belief among + the Greeks singularly like that of the world in which we live. Plato is + disposed to attribute the incredulity of his own age to several causes. + First, to the bad effect of mythological tales, of which he retains his + disapproval; but he has a weak side for antiquity, and is unwilling, as in + the Republic, wholly to proscribe them. Secondly, he remarks the + self-conceit of a newly-fledged generation of philosophers, who declare + that the sun, moon, and stars, are earth and stones only; and who also + maintain that the Gods are made by the laws of the state. Thirdly, he + notes a confusion in the minds of men arising out of their + misinterpretation of the appearances of the world around them: they do not + always see the righteous rewarded and the wicked punished. So in modern + times there are some whose infidelity has arisen from doubts about the + inspiration of ancient writings; others who have been made unbelievers by + physical science, or again by the seemingly political character of + religion; while there is a third class to whose minds the difficulty of + 'justifying the ways of God to man' has been the chief stumblingblock. + Plato is very much out of temper at the impiety of some of his + contemporaries; yet he is determined to reason with the victims, as he + regards them, of these illusions before he punishes them. His answer to + the unbelievers is twofold: first, that the soul is prior to the body; + secondly, that the ruler of the universe being perfect has made all things + with a view to their perfection. The difficulties arising out of ancient + sacred writings were far less serious in the age of Plato than in our own. + </p> + <p> + We too have our popular Epicureanism, which would allow the world to go on + as if there were no God. When the belief in Him, whether of ancient or + modern times, begins to fade away, men relegate Him, either in theory or + practice, into a distant heaven. They do not like expressly to deny God + when it is more convenient to forget Him; and so the theory of the + Epicurean becomes the practice of mankind in general. Nor can we be said + to be free from that which Plato justly considers to be the worst unbelief—of + those who put superstition in the place of true religion. For the larger + half of Christians continue to assert that the justice of God may be + turned aside by gifts, and, if not by the 'odour of fat, and the sacrifice + steaming to heaven,' still by another kind of sacrifice placed upon the + altar—by masses for the quick and dead, by dispensations, by + building churches, by rites and ceremonies—by the same means which + the heathen used, taking other names and shapes. And the indifference of + Epicureanism and unbelief is in two ways the parent of superstition, + partly because it permits, and also because it creates, a necessity for + its development in religious and enthusiastic temperaments. If men cannot + have a rational belief, they will have an irrational. And hence the most + superstitious countries are also at a certain point of civilization the + most unbelieving, and the revolution which takes one direction is quickly + followed by a reaction in the other. So we may read 'between the lines' + ancient history and philosophy into modern, and modern into ancient. + Whether we compare the theory of Greek philosophy with the Christian + religion, or the practice of the Gentile world with the practice of the + Christian world, they will be found to differ more in words and less in + reality than we might have supposed. The greater opposition which is + sometimes made between them seems to arise chiefly out of a comparison of + the ideal of the one with the practice of the other. + </p> + <p> + To the errors of superstition and unbelief Plato opposes the simple and + natural truth of religion; the best and highest, whether conceived in the + form of a person or a principle—as the divine mind or as the idea of + good—is believed by him to be the basis of human life. That all + things are working together for good to the good and evil to the evil in + this or in some other world to which human actions are transferred, is the + sum of his faith or theology. Unlike Socrates, he is absolutely free from + superstition. Religion and morality are one and indivisible to him. He + dislikes the 'heathen mythology,' which, as he significantly remarks, was + not tolerated in Crete, and perhaps (for the meaning of his words is not + quite clear) at Sparta. He gives no encouragement to individual + enthusiasm; 'the establishment of religion could only be the work of a + mighty intellect.' Like the Hebrews, he prohibits private rites; for the + avoidance of superstition, he would transfer all worship of the Gods to + the public temples. He would not have men and women consecrating the + accidents of their lives. He trusts to human punishments and not to divine + judgments; though he is not unwilling to repeat the old tradition that + certain kinds of dishonesty 'prevent a man from having a family.' He + considers that the 'ages of faith' have passed away and cannot now be + recalled. Yet he is far from wishing to extirpate the sentiment of + religion, which he sees to be common to all mankind—Barbarians as + well as Hellenes. He remarks that no one passes through life without, + sooner or later, experiencing its power. To which we may add the further + remark that the greater the irreligion, the more violent has often been + the religious reaction. + </p> + <p> + It is remarkable that Plato's account of mind at the end of the Laws goes + beyond Anaxagoras, and beyond himself in any of his previous writings. + Aristotle, in a well-known passage (Met.) which is an echo of the Phaedo, + remarks on the inconsistency of Anaxagoras in introducing the agency of + mind, and yet having recourse to other and inferior, probably material + causes. But Plato makes the further criticism, that the error of + Anaxagoras consisted, not in denying the universal agency of mind, but in + denying the priority, or, as we should say, the eternity of it. Yet in the + Timaeus he had himself allowed that God made the world out of pre-existing + materials: in the Statesman he says that there were seeds of evil in the + world arising out of the remains of a former chaos which could not be got + rid of; and even in the Tenth Book of the Laws he has admitted that there + are two souls, a good and evil. In the Meno, the Phaedrus, and the Phaedo, + he had spoken of the recovery of ideas from a former state of existence. + But now he has attained to a clearer point of view: he has discarded these + fancies. From meditating on the priority of the human soul to the body, he + has learnt the nature of soul absolutely. The power of the best, of which + he gave an intimation in the Phaedo and in the Republic, now, as in the + Philebus, takes the form of an intelligence or person. He no longer, like + Anaxagoras, supposes mind to be introduced at a certain time into the + world and to give order to a pre-existing chaos, but to be prior to the + chaos, everlasting and evermoving, and the source of order and + intelligence in all things. This appears to be the last form of Plato's + religious philosophy, which might almost be summed up in the words of + Kant, 'the starry heaven above and the moral law within.' Or rather, + perhaps, 'the starry heaven above and mind prior to the world.' + </p> + <p> + IV. The remarks about retail trade, about adulteration, and about + mendicity, have a very modern character. Greek social life was more like + our own than we are apt to suppose. There was the same division of ranks, + the same aristocratic and democratic feeling, and, even in a democracy, + the same preference for land and for agricultural pursuits. Plato may be + claimed as the first free trader, when he prohibits the imposition of + customs on imports and exports, though he was clearly not aware of the + importance of the principle which he enunciated. The discredit of retail + trade he attributes to the rogueries of traders, and is inclined to + believe that if a nobleman would keep a shop, which heaven forbid! retail + trade might become honourable. He has hardly lighted upon the true reason, + which appears to be the essential distinction between buyers and sellers, + the one class being necessarily in some degree dependent on the other. + When he proposes to fix prices 'which would allow a moderate gain,' and to + regulate trade in several minute particulars, we must remember that this + is by no means so absurd in a city consisting of 5040 citizens, in which + almost every one would know and become known to everybody else, as in our + own vast population. Among ourselves we are very far from allowing every + man to charge what he pleases. Of many things the prices are fixed by law. + Do we not often hear of wages being adjusted in proportion to the profits + of employers? The objection to regulating them by law and thus avoiding + the conflicts which continually arise between the buyers and sellers of + labour, is not so much the undesirableness as the impossibility of doing + so. Wherever free competition is not reconcileable either with the order + of society, or, as in the case of adulteration, with common honesty, the + government may lawfully interfere. The only question is,—Whether the + interference will be effectual, and whether the evil of interference may + not be greater than the evil which is prevented by it. + </p> + <p> + He would prohibit beggars, because in a well-ordered state no good man + would be left to starve. This again is a prohibition which might have been + easily enforced, for there is no difficulty in maintaining the poor when + the population is small. In our own times the difficulty of pauperism is + rendered far greater, (1) by the enormous numbers, (2) by the facility of + locomotion, (3) by the increasing tenderness for human life and suffering. + And the only way of meeting the difficulty seems to be by modern nations + subdividing themselves into small bodies having local knowledge and acting + together in the spirit of ancient communities (compare Arist. Pol.) + </p> + <p> + V. Regarded as the framework of a polity the Laws are deemed by Plato to + be a decline from the Republic, which is the dream of his earlier years. + He nowhere imagines that he has reached a higher point of speculation. He + is only descending to the level of human things, and he often returns to + his original idea. For the guardians of the Republic, who were the elder + citizens, and were all supposed to be philosophers, is now substituted a + special body, who are to review and amend the laws, preserving the spirit + of the legislator. These are the Nocturnal Council, who, although they are + not specially trained in dialectic, are not wholly destitute of it; for + they must know the relation of particular virtues to the general principle + of virtue. Plato has been arguing throughout the Laws that temperance is + higher than courage, peace than war, that the love of both must enter into + the character of the good citizen. And at the end the same thought is + summed up by him in an abstract form. The true artist or guardian must be + able to reduce the many to the one, than which, as he says with an + enthusiasm worthy of the Phaedrus or Philebus, 'no more philosophical + method was ever devised by the wit of man.' But the sense of unity in + difference can only be acquired by study; and Plato does not explain to us + the nature of this study, which we may reasonably infer, though there is a + remarkable omission of the word, to be akin to the dialectic of the + Republic. + </p> + <p> + The Nocturnal Council is to consist of the priests who have obtained the + rewards of virtue, of the ten eldest guardians of the law, and of the + director and ex-directors of education; each of whom is to select for + approval a younger coadjutor. To this council the 'Spectator,' who is sent + to visit foreign countries, has to make his report. It is not an + administrative body, but an assembly of sages who are to make legislation + their study. Plato is not altogether disinclined to changes in the law + where experience shows them to be necessary; but he is also anxious that + the original spirit of the constitution should never be lost sight of. + </p> + <p> + The Laws of Plato contain the latest phase of his philosophy, showing in + many respects an advance, and in others a decline, in his views of life + and the world. His Theory of Ideas in the next generation passed into one + of Numbers, the nature of which we gather chiefly from the Metaphysics of + Aristotle. Of the speculative side of this theory there are no traces in + the Laws, but doubtless Plato found the practical value which he + attributed to arithmetic greatly confirmed by the possibility of applying + number and measure to the revolution of the heavens, and to the regulation + of human life. In the return to a doctrine of numbers there is a + retrogression rather than an advance; for the most barren logical + abstraction is of a higher nature than number and figure. Philosophy fades + away into the distance; in the Laws it is confined to the members of the + Nocturnal Council. The speculative truth which was the food of the + guardians in the Republic, is for the majority of the citizens to be + superseded by practical virtues. The law, which is the expression of mind + written down, takes the place of the living word of the philosopher. + (Compare the contrast of Phaedrus, and Laws; also the plays on the words + nous, nomos, nou dianome; and the discussion in the Statesman of the + difference between the personal rule of a king and the impersonal reign of + law.) The State is based on virtue and religion rather than on knowledge; + and virtue is no longer identified with knowledge, being of the commoner + sort, and spoken of in the sense generally understood. Yet there are many + traces of advance as well as retrogression in the Laws of Plato. The + attempt to reconcile the ideal with actual life is an advance; to 'have + brought philosophy down from heaven to earth,' is a praise which may be + claimed for him as well as for his master Socrates. And the members of the + Nocturnal Council are to continue students of the 'one in many' and of the + nature of God. Education is the last word with which Plato supposes the + theory of the Laws to end and the reality to begin. + </p> + <p> + Plato's increasing appreciation of the difficulties of human affairs, and + of the element of chance which so largely influences them, is an + indication not of a narrower, but of a maturer mind, which had become more + conversant with realities. Nor can we fairly attribute any want of + originality to him, because he has borrowed many of his provisions from + Sparta and Athens. Laws and institutions grow out of habits and customs; + and they have 'better opinion, better confirmation,' if they have come + down from antiquity and are not mere literary inventions. Plato would have + been the first to acknowledge that the Book of Laws was not the creation + of his fancy, but a collection of enactments which had been devised by + inspired legislators, like Minos, Lycurgus, and Solon, to meet the actual + needs of men, and had been approved by time and experience. + </p> + <p> + In order to do justice therefore to the design of the work, it is + necessary to examine how far it rests on an historical foundation and + coincides with the actual laws of Sparta and Athens. The consideration of + the historical aspect of the Laws has been reserved for this place. In + working out the comparison the writer has been greatly assisted by the + excellent essays of C.F. Hermann ('De vestigiis institutorum veterum, + imprimis Atticorum, per Platonis de Legibus libros indagandis,' and 'Juris + domestici et familiaris apud Platonem in Legibus cum veteris Graeciae + inque primis Athenarum institutis comparatio': Marburg, 1836), and by J.B. + Telfy's 'Corpus Juris Attici' (Leipzig, 1868). + </p> + <p> + <a name="link2H_4_0002" id="link2H_4_0002"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + EXCURSUS ON THE RELATION OF THE LAWS OF PLATO TO THE INSTITUTIONS OF CRETE + AND LACEDAEMON AND TO THE LAWS AND CONSTITUTION OF ATHENS. + </h2> + <p> + The Laws of Plato are essentially Greek: unlike Xenophon's Cyropaedia, + they contain nothing foreign or oriental. Their aim is to reconstruct the + work of the great lawgivers of Hellas in a literary form. They partake + both of an Athenian and a Spartan character. Some of them too are derived + from Crete, and are appropriately transferred to a Cretan colony. But of + Crete so little is known to us, that although, as Montesquieu (Esprit des + Lois) remarks, 'the Laws of Crete are the original of those of Sparta and + the Laws of Plato the correction of these latter,' there is only one + point, viz. the common meals, in which they can be compared. Most of + Plato's provisions resemble the laws and customs which prevailed in these + three states (especially in the two former), and which the personifying + instinct of the Greeks attributed to Minos, Lycurgus, and Solon. A very + few particulars may have been borrowed from Zaleucus (Cic. de Legibus), + and Charondas, who is said to have first made laws against perjury (Arist. + Pol.) and to have forbidden credit (Stob. Florileg., Gaisford). Some + enactments are Plato's own, and were suggested by his experience of + defects in the Athenian and other Greek states. The Laws also contain many + lesser provisions, which are not found in the ordinary codes of nations, + because they cannot be properly defined, and are therefore better left to + custom and common sense. 'The greater part of the work,' as Aristotle + remarks (Pol.), 'is taken up with laws': yet this is not wholly true, and + applies to the latter rather than to the first half of it. The book rests + on an ethical and religious foundation: the actual laws begin with a hymn + of praise in honour of the soul. And the same lofty aspiration after the + good is perpetually recurring, especially in Books X, XI, XII, and + whenever Plato's mind is filled with his highest themes. In prefixing to + most of his laws a prooemium he has two ends in view, to persuade and also + to threaten. They are to have the sanction of laws and the effect of + sermons. And Plato's 'Book of Laws,' if described in the language of + modern philosophy, may be said to be as much an ethical and educational, + as a political or legal treatise. + </p> + <p> + But although the Laws partake both of an Athenian and a Spartan character, + the elements which are borrowed from either state are necessarily very + different, because the character and origin of the two governments + themselves differed so widely. Sparta was the more ancient and primitive: + Athens was suited to the wants of a later stage of society. The relation + of the two states to the Laws may be conceived in this manner:—The + foundation and ground-plan of the work are more Spartan, while the + superstructure and details are more Athenian. At Athens the laws were + written down and were voluminous; more than a thousand fragments of them + have been collected by Telfy. Like the Roman or English law, they + contained innumerable particulars. Those of them which regulated daily + life were familiarly known to the Athenians; for every citizen was his own + lawyer, and also a judge, who decided the rights of his fellow-citizens + according to the laws, often after hearing speeches from the parties + interested or from their advocates. It is to Rome and not to Athens that + the invention of law, in the modern sense of the term, is commonly + ascribed. But it must be remembered that long before the times of the + Twelve Tables (B.C. 451), regular courts and forms of law had existed at + Athens and probably in the Greek colonies. And we may reasonably suppose, + though without any express proof of the fact, that many Roman institutions + and customs, like Latin literature and mythology, were partly derived from + Hellas and had imperceptibly drifted from one shore of the Ionian Sea to + the other (compare especially the constitutions of Servius Tullius and of + Solon). + </p> + <p> + It is not proved that the laws of Sparta were in ancient times either + written down in books or engraved on tablets of marble or brass. Nor is it + certain that, if they had been, the Spartans could have read them. They + were ancient customs, some of them older probably than the settlement in + Laconia, of which the origin is unknown; they occasionally received the + sanction of the Delphic oracle, but there was a still stronger obligation + by which they were enforced,—the necessity of self-defence: the + Spartans were always living in the presence of their enemies. They + belonged to an age when written law had not yet taken the place of custom + and tradition. The old constitution was very rarely affected by new + enactments, and these only related to the duties of the Kings or Ephors, + or the new relations of classes which arose as time went on. Hence there + was as great a difference as could well be conceived between the Laws of + Athens and Sparta: the one was the creation of a civilized state, and did + not differ in principle from our modern legislation, the other of an age + in which the people were held together and also kept down by force of + arms, and which afterwards retained many traces of its barbaric origin + 'surviving in culture.' + </p> + <p> + Nevertheless the Lacedaemonian was the ideal of a primitive Greek state. + According to Thucydides it was the first which emerged out of confusion + and became a regular government. It was also an army devoted to military + exercises, but organized with a view to self-defence and not to conquest. + It was not quick to move or easily excited; but stolid, cautious, + unambitious, procrastinating. For many centuries it retained the same + character which was impressed upon it by the hand of the legislator. This + singular fabric was partly the result of circumstances, partly the + invention of some unknown individual in prehistoric times, whose ideal of + education was military discipline, and who, by the ascendency of his + genius, made a small tribe into a nation which became famous in the + world's history. The other Hellenes wondered at the strength and stability + of his work. The rest of Hellas, says Thucydides, undertook the + colonisation of Heraclea the more readily, having a feeling of security + now that they saw the Lacedaemonians taking part in it. The Spartan state + appears to us in the dawn of history as a vision of armed men, + irresistible by any other power then existing in the world. It can hardly + be said to have understood at all the rights or duties of nations to one + another, or indeed to have had any moral principle except patriotism and + obedience to commanders. Men were so trained to act together that they + lost the freedom and spontaneity of human life in cultivating the + qualities of the soldier and ruler. The Spartan state was a composite body + in which kings, nobles, citizens, perioeci, artisans, slaves, had to find + a 'modus vivendi' with one another. All of them were taught some use of + arms. The strength of the family tie was diminished among them by an + enforced absence from home and by common meals. Sparta had no life or + growth; no poetry or tradition of the past; no art, no thought. The + Athenians started on their great career some centuries later, but the + Spartans would have been easily conquered by them, if Athens had not been + deficient in the qualities which constituted the strength (and also the + weakness) of her rival. + </p> + <p> + The ideal of Athens has been pictured for all time in the speech which + Thucydides puts into the mouth of Pericles, called the Funeral Oration. He + contrasts the activity and freedom and pleasantness of Athenian life with + the immobility and severe looks and incessant drill of the Spartans. The + citizens of no city were more versatile, or more readily changed from land + to sea or more quickly moved about from place to place. They 'took their + pleasures' merrily, and yet, when the time for fighting arrived, were not + a whit behind the Spartans, who were like men living in a camp, and, + though always keeping guard, were often too late for the fray. Any + foreigner might visit Athens; her ships found a way to the most distant + shores; the riches of the whole earth poured in upon her. Her citizens had + their theatres and festivals; they 'provided their souls with many + relaxations'; yet they were not less manly than the Spartans or less + willing to sacrifice this enjoyable existence for their country's good. + The Athenian was a nobler form of life than that of their rivals, a life + of music as well as of gymnastic, the life of a citizen as well as of a + soldier. Such is the picture which Thucydides has drawn of the Athenians + in their glory. It is the spirit of this life which Plato would infuse + into the Magnesian state and which he seeks to combine with the common + meals and gymnastic discipline of Sparta. + </p> + <p> + The two great types of Athens and Sparta had deeply entered into his mind. + He had heard of Sparta at a distance and from common Hellenic fame: he was + a citizen of Athens and an Athenian of noble birth. He must often have sat + in the law-courts, and may have had personal experience of the duties of + offices such as he is establishing. There is no need to ask the question, + whence he derived his knowledge of the Laws of Athens: they were a part of + his daily life. Many of his enactments are recognized to be Athenian laws + from the fragments preserved in the Orators and elsewhere: many more would + be found to be so if we had better information. Probably also still more + of them would have been incorporated in the Magnesian code, if the work + had ever been finally completed. But it seems to have come down to us in a + form which is partly finished and partly unfinished, having a beginning + and end, but wanting arrangement in the middle. The Laws answer to Plato's + own description of them, in the comparison which he makes of himself and + his two friends to gatherers of stones or the beginners of some composite + work, 'who are providing materials and partly putting them together:—having + some of their laws, like stones, already fixed in their places, while + others lie about.' + </p> + <p> + Plato's own life coincided with the period at which Athens rose to her + greatest heights and sank to her lowest depths. It was impossible that he + should regard the blessings of democracy in the same light as the men of a + former generation, whose view was not intercepted by the evil shadow of + the taking of Athens, and who had only the glories of Marathon and Salamis + and the administration of Pericles to look back upon. On the other hand + the fame and prestige of Sparta, which had outlived so many crimes and + blunders, was not altogether lost at the end of the life of Plato. Hers + was the only great Hellenic government which preserved something of its + ancient form; and although the Spartan citizens were reduced to almost + one-tenth of their original number (Arist. Pol.), she still retained, + until the rise of Thebes and Macedon, a certain authority and predominance + due to her final success in the struggle with Athens and to the victories + which Agesilaus won in Asia Minor. + </p> + <p> + Plato, like Aristotle, had in his mind some form of a mean state which + should escape the evils and secure the advantages of both aristocracy and + democracy. It may however be doubted whether the creation of such a state + is not beyond the legislator's art, although there have been examples in + history of forms of government, which through some community of interest + or of origin, through a balance of parties in the state itself, or through + the fear of a common enemy, have for a while preserved such a character of + moderation. But in general there arises a time in the history of a state + when the struggle between the few and the many has to be fought out. No + system of checks and balances, such as Plato has devised in the Laws, + could have given equipoise and stability to an ancient state, any more + than the skill of the legislator could have withstood the tide of + democracy in England or France during the last hundred years, or have + given life to China or India. + </p> + <p> + The basis of the Magnesian constitution is the equal division of land. In + the new state, as in the Republic, there was to be neither poverty nor + riches. Every citizen under all circumstances retained his lot, and as + much money as was necessary for the cultivation of it, and no one was + allowed to accumulate property to the amount of more than five times the + value of the lot, inclusive of it. The equal division of land was a + Spartan institution, not known to have existed elsewhere in Hellas. The + mention of it in the Laws of Plato affords considerable presumption that + it was of ancient origin, and not first introduced, as Mr. Grote and + others have imagined, in the reformation of Cleomenes III. But at Sparta, + if we may judge from the frequent complaints of the accumulation of + property in the hands of a few persons (Arist. Pol.), no provision could + have been made for the maintenance of the lot. Plutarch indeed speaks of a + law introduced by the Ephor Epitadeus soon after the Peloponnesian War, + which first allowed the Spartans to sell their land (Agis): but from the + manner in which Aristotle refers to the subject, we should imagine this + evil in the state to be of a much older standing. Like some other + countries in which small proprietors have been numerous, the original + equality passed into inequality, and, instead of a large middle class, + there was probably at Sparta greater disproportion in the property of the + citizens than in any other state of Hellas. Plato was aware of the danger, + and has improved on the Spartan custom. The land, as at Sparta, must have + been tilled by slaves, since other occupations were found for the + citizens. Bodies of young men between the ages of twenty-five and thirty + were engaged in making biennial peregrinations of the country. They and + their officers are to be the magistrates, police, engineers, aediles, of + the twelve districts into which the colony was divided. Their way of life + may be compared with that of the Spartan secret police or Crypteia, a name + which Plato freely applies to them without apparently any consciousness of + the odium which has attached to the word in history. + </p> + <p> + Another great institution which Plato borrowed from Sparta (or Crete) is + the Syssitia or common meals. These were established in both states, and + in some respects were considered by Aristotle to be better managed in + Crete than at Lacedaemon (Pol.). In the Laws the Cretan custom appears to + be adopted (This is not proved, as Hermann supposes ('De Vestigiis,' + etc.)): that is to say, if we may interpret Plato by Aristotle, the cost + of them was defrayed by the state and not by the individuals (Arist. Pol); + so that the members of the mess, who could not pay their quota, still + retained their rights of citizenship. But this explanation is hardly + consistent with the Laws, where contributions to the Syssitia from private + estates are expressly mentioned. Plato goes further than the legislators + of Sparta and Crete, and would extend the common meals to women as well as + men: he desires to curb the disorders, which existed among the female sex + in both states, by the application to women of the same military + discipline to which the men were already subject. It was an extension of + the custom of Syssitia from which the ancient legislators shrank, and + which Plato himself believed to be very difficult of enforcement. + </p> + <p> + Like Sparta, the new colony was not to be surrounded by walls,—a + state should learn to depend upon the bravery of its citizens only—a + fallacy or paradox, if it is not to be regarded as a poetical fancy, which + is fairly enough ridiculed by Aristotle (Pol.). Women, too, must be ready + to assist in the defence of their country: they are not to rush to the + temples and altars, but to arm themselves with shield and spear. In the + regulation of the Syssitia, in at least one of his enactments respecting + property, and in the attempt to correct the licence of women, Plato shows, + that while he borrowed from the institutions of Sparta and favoured the + Spartan mode of life, he also sought to improve upon them. + </p> + <p> + The enmity to the sea is another Spartan feature which is transferred by + Plato to the Magnesian state. He did not reflect that a non-maritime power + would always be at the mercy of one which had a command of the great + highway. Their many island homes, the vast extent of coast which had to be + protected by them, their struggles first of all with the Phoenicians and + Carthaginians, and secondly with the Persian fleets, forced the Greeks, + mostly against their will, to devote themselves to the sea. The islanders + before the inhabitants of the continent, the maritime cities before the + inland, the Corinthians and Athenians before the Spartans, were compelled + to fit out ships: last of all the Spartans, by the pressure of the + Peloponnesian War, were driven to establish a naval force, which, after + the battle of Aegospotami, for more than a generation commanded the + Aegean. Plato, like the Spartans, had a prejudice against a navy, because + he regarded it as the nursery of democracy. But he either never + considered, or did not care to explain, how a city, set upon an island and + 'distant not more than ten miles from the sea, having a seaboard provided + with excellent harbours,' could have safely subsisted without one. + </p> + <p> + Neither the Spartans nor the Magnesian colonists were permitted to engage + in trade or commerce. In order to limit their dealings as far as possible + to their own country, they had a separate coinage; the Magnesians were + only allowed to use the common currency of Hellas when they travelled + abroad, which they were forbidden to do unless they received permission + from the government. Like the Spartans, Plato was afraid of the evils + which might be introduced into his state by intercourse with foreigners; + but he also shrinks from the utter exclusiveness of Sparta, and is not + unwilling to allow visitors of a suitable age and rank to come from other + states to his own, as he also allows citizens of his own state to go to + foreign countries and bring back a report of them. Such international + communication seemed to him both honourable and useful. + </p> + <p> + We may now notice some points in which the commonwealth of the Laws + approximates to the Athenian model. These are much more numerous than the + previous class of resemblances; we are better able to compare the laws of + Plato with those of Athens, because a good deal more is known to us of + Athens than of Sparta. + </p> + <p> + The information which we possess about Athenian law, though comparatively + fuller, is still fragmentary. The sources from which our knowledge is + derived are chiefly the following:— + </p> + <p> + (1) The Orators,—Antiphon, Andocides, Lysias, Isocrates, + Demosthenes, Aeschines, Lycurgus, and others. + </p> + <p> + (2) Herodotus, Thucydides, Xenophon, Plato, Aristotle, as well as later + writers, such as Cicero de Legibus, Plutarch, Aelian, Pausanias. + </p> + <p> + (3) Lexicographers, such as Harpocration, Pollux, Hesychius, Suidas, and + the compiler of the Etymologicum Magnum, many of whom are of uncertain + date, and to a great extent based upon one another. Their writings extend + altogether over more than eight hundred years, from the second to the + tenth century. + </p> + <p> + (4) The Scholia on Aristophanes, Plato, Demosthenes. + </p> + <p> + (5) A few inscriptions. + </p> + <p> + Our knowledge of a subject derived from such various sources and for the + most part of uncertain date and origin, is necessarily precarious. No + critic can separate the actual laws of Solon from those which passed under + his name in later ages. Nor do the Scholiasts and Lexicographers attempt + to distinguish how many of these laws were still in force at the time when + they wrote, or when they fell into disuse and were to be found in books + only. Nor can we hastily assume that enactments which occur in the Laws of + Plato were also a part of Athenian law, however probable this may appear. + </p> + <p> + There are two classes of similarities between Plato's Laws and those of + Athens: (i) of institutions (ii) of minor enactments. + </p> + <p> + (i) The constitution of the Laws in its general character resembles much + more nearly the Athenian constitution of Solon's time than that which + succeeded it, or the extreme democracy which prevailed in Plato's own day. + It was a mean state which he hoped to create, equally unlike a Syracusan + tyranny or the mob-government of the Athenian assembly. There are various + expedients by which he sought to impart to it the quality of moderation. + (1) The whole people were to be educated: they could not be all trained in + philosophy, but they were to acquire the simple elements of music, + arithmetic, geometry, astronomy; they were also to be subject to military + discipline, archontes kai archomenoi. (2) The majority of them were, or + had been at some time in their lives, magistrates, and had the experience + which is given by office. (3) The persons who held the highest offices + were to have a further education, not much inferior to that provided for + the guardians in the Republic, though the range of their studies is + narrowed to the nature and divisions of virtue: here their philosophy + comes to an end. (4) The entire number of the citizens (5040) rarely, if + ever, assembled, except for purposes of elections. The whole people were + divided into four classes, each having the right to be represented by the + same number of members in the Council. The result of such an arrangement + would be, as in the constitution of Servius Tullius, to give a + disproportionate share of power to the wealthier classes, who may be + supposed to be always much fewer in number than the poorer. This tendency + was qualified by the complicated system of selection by vote, previous to + the final election by lot, of which the object seems to be to hand over to + the wealthy few the power of selecting from the many poor, and vice versa. + (5) The most important body in the state was the Nocturnal Council, which + is borrowed from the Areopagus at Athens, as it existed, or was supposed + to have existed, in the days before Ephialtes and the Eumenides of + Aeschylus, when its power was undiminished. In some particulars Plato + appears to have copied exactly the customs and procedure of the Areopagus: + both assemblies sat at night (Telfy). There was a resemblance also in more + important matters. Like the Areopagus, the Nocturnal Council was partly + composed of magistrates and other state officials, whose term of office + had expired. (7) The constitution included several diverse and even + opposing elements, such as the Assembly and the Nocturnal Council. (8) + There was much less exclusiveness than at Sparta; the citizens were to + have an interest in the government of neighbouring states, and to know + what was going on in the rest of the world.—All these were + moderating influences. + </p> + <p> + A striking similarity between Athens and the constitution of the Magnesian + colony is the use of the lot in the election of judges and other + magistrates. That such a mode of election should have been resorted to in + any civilized state, or that it should have been transferred by Plato to + an ideal or imaginary one, is very singular to us. The most extreme + democracy of modern times has never thought of leaving government wholly + to chance. It was natural that Socrates should scoff at it, and ask, 'Who + would choose a pilot or carpenter or flute-player by lot' (Xen. Mem.)? Yet + there were many considerations which made this mode of choice attractive + both to the oligarch and to the democrat:—(1) It seemed to recognize + that one man was as good as another, and that all the members of the + governing body, whether few or many, were on a perfect equality in every + sense of the word. (2) To the pious mind it appeared to be a choice made, + not by man, but by heaven (compare Laws). (3) It afforded a protection + against corruption and intrigue...It must also be remembered that, + although elected by lot, the persons so elected were subject to a scrutiny + before they entered on their office, and were therefore liable, after + election, if disqualified, to be rejected (Laws). They were, moreover, + liable to be called to account after the expiration of their office. In + the election of councillors Plato introduces a further check: they are not + to be chosen directly by lot from all the citizens, but from a select body + previously elected by vote. In Plato's state at least, as we may infer + from his silence on this point, judges and magistrates performed their + duties without pay, which was a guarantee both of their disinterestedness + and of their belonging probably to the higher class of citizens (compare + Arist. Pol.). Hence we are not surprised that the use of the lot + prevailed, not only in the election of the Athenian Council, but also in + many oligarchies, and even in Plato's colony. The evil consequences of the + lot are to a great extent avoided, if the magistrates so elected do not, + like the dicasts at Athens, receive pay from the state. + </p> + <p> + Another parallel is that of the Popular Assembly, which at Athens was + omnipotent, but in the Laws has only a faded and secondary existence. In + Plato it was chiefly an elective body, having apparently no judicial and + little political power entrusted to it. At Athens it was the mainspring of + the democracy; it had the decision of war or peace, of life and death; the + acts of generals or statesmen were authorized or condemned by it; no + office or person was above its control. Plato was far from allowing such a + despotic power to exist in his model community, and therefore he minimizes + the importance of the Assembly and narrows its functions. He probably + never asked himself a question, which naturally occurs to the modern + reader, where was to be the central authority in this new community, and + by what supreme power would the differences of inferior powers be decided. + At the same time he magnifies and brings into prominence the Nocturnal + Council (which is in many respects a reflection of the Areopagus), but + does not make it the governing body of the state. + </p> + <p> + Between the judicial system of the Laws and that of Athens there was very + great similarity, and a difference almost equally great. Plato not + unfrequently adopts the details when he rejects the principle. At Athens + any citizen might be a judge and member of the great court of the Heliaea. + This was ordinarily subdivided into a number of inferior courts, but an + occasion is recorded on which the whole body, in number six thousand, met + in a single court (Andoc. de Myst.). Plato significantly remarks that a + few judges, if they are good, are better than a great number. He also, at + least in capital cases, confines the plaintiff and defendant to a single + speech each, instead of allowing two apiece, as was the common practice at + Athens. On the other hand, in all private suits he gives two appeals, from + the arbiters to the courts of the tribes, and from the courts of the + tribes to the final or supreme court. There was nothing answering to this + at Athens. The three courts were appointed in the following manner:—the + arbiters were to be agreed upon by the parties to the cause; the judges of + the tribes to be elected by lot; the highest tribunal to be chosen at the + end of each year by the great officers of state out of their own number—they + were to serve for a year, to undergo a scrutiny, and, unlike the Athenian + judges, to vote openly. Plato does not dwell upon methods of procedure: + these are the lesser matters which he leaves to the younger legislators. + In cases of murder and some other capital offences, the cause was to be + tried by a special tribunal, as was the custom at Athens: military + offences, too, as at Athens, were decided by the soldiers. Public causes + in the Laws, as sometimes at Athens, were voted upon by the whole people: + because, as Plato remarks, they are all equally concerned in them. They + were to be previously investigated by three of the principal magistrates. + He believes also that in private suits all should take part; 'for he who + has no share in the administration of justice is apt to imagine that he + has no share in the state at all.' The wardens of the country, like the + Forty at Athens, also exercised judicial power in small matters, as well + as the wardens of the agora and city. The department of justice is better + organized in Plato than in an ordinary Greek state, proceeding more by + regular methods, and being more restricted to distinct duties. + </p> + <p> + The executive of Plato's Laws, like the Athenian, was different from that + of a modern civilized state. The difference chiefly consists in this, that + whereas among ourselves there are certain persons or classes of persons + set apart for the execution of the duties of government, in ancient + Greece, as in all other communities in the earlier stages of their + development, they were not equally distinguished from the rest of the + citizens. The machinery of government was never so well organized as in + the best modern states. The judicial department was not so completely + separated from the legislative, nor the executive from the judicial, nor + the people at large from the professional soldier, lawyer, or priest. To + Aristotle (Pol.) it was a question requiring serious consideration—Who + should execute a sentence? There was probably no body of police to whom + were entrusted the lives and properties of the citizens in any Hellenic + state. Hence it might be reasonably expected that every man should be the + watchman of every other, and in turn be watched by him. The ancients do + not seem to have remembered the homely adage that, 'What is every man's + business is no man's business,' or always to have thought of applying the + principle of a division of labour to the administration of law and to + government. Every Athenian was at some time or on some occasion in his + life a magistrate, judge, advocate, soldier, sailor, policeman. He had not + necessarily any private business; a good deal of his time was taken up + with the duties of office and other public occupations. So, too, in + Plato's Laws. A citizen was to interfere in a quarrel, if older than the + combatants, or to defend the outraged party, if his junior. He was + especially bound to come to the rescue of a parent who was ill-treated by + his children. He was also required to prosecute the murderer of a kinsman. + In certain cases he was allowed to arrest an offender. He might even use + violence to an abusive person. Any citizen who was not less than thirty + years of age at times exercised a magisterial authority, to be enforced + even by blows. Both in the Magnesian state and at Athens many thousand + persons must have shared in the highest duties of government, if a section + only of the Council, consisting of thirty or of fifty persons, as in the + Laws, or at Athens after the days of Cleisthenes, held office for a month, + or for thirty-five days only. It was almost as if, in our own country, the + Ministry or the Houses of Parliament were to change every month. The + average ability of the Athenian and Magnesian councillors could not have + been very high, considering there were so many of them. And yet they were + entrusted with the performance of the most important executive duties. In + these respects the constitution of the Laws resembles Athens far more than + Sparta. All the citizens were to be, not merely soldiers, but politicians + and administrators. + </p> + <p> + (ii) There are numerous minor particulars in which the Laws of Plato + resemble those of Athens. These are less interesting than the preceding, + but they show even more strikingly how closely in the composition of his + work Plato has followed the laws and customs of his own country. + </p> + <p> + (1) Evidence. (a) At Athens a child was not allowed to give evidence + (Telfy). Plato has a similar law: 'A child shall be allowed to give + evidence only in cases of murder.' (b) At Athens an unwilling witness + might be summoned; but he was not required to appear if he was ready to + declare on oath that he knew nothing about the matter in question (Telfy). + So in the Laws. (c) Athenian law enacted that when more than half the + witnesses in a case had been convicted of perjury, there was to be a new + trial (anadikos krisis—Telfy). There is a similar provision in the + Laws. (d) False-witness was punished at Athens by atimia and a fine + (Telfy). Plato is at once more lenient and more severe: 'If a man be twice + convicted of false-witness, he shall not be required, and if thrice, he + shall not be allowed to bear witness; and if he dare to witness after he + has been convicted three times,...he shall be punished with death.' + </p> + <p> + (2) Murder. (a) Wilful murder was punished in Athenian law by death, + perpetual exile, and confiscation of property (Telfy). Plato, too, has the + alternative of death or exile, but he does not confiscate the murderer's + property. (b) The Parricide was not allowed to escape by going into exile + at Athens (Telfy), nor, apparently, in the Laws. (c) A homicide, if + forgiven by his victim before death, received no punishment, either at + Athens (Telfy), or in the Magnesian state. In both (Telfy) the contriver + of a murder is punished as severely as the doer; and persons accused of + the crime are forbidden to enter temples or the agora until they have been + tried (Telfy). (d) At Athens slaves who killed their masters and were + caught red-handed, were not to be put to death by the relations of the + murdered man, but to be handed over to the magistrates (Telfy). So in the + Laws, the slave who is guilty of wilful murder has a public execution: but + if the murder is committed in anger, it is punished by the kinsmen of the + victim. + </p> + <p> + (3) Involuntary homicide. (a) The guilty person, according to the Athenian + law, had to go into exile, and might not return, until the family of the + man slain were conciliated. Then he must be purified (Telfy). If he is + caught before he has obtained forgiveness, he may be put to death. These + enactments reappear in the Laws. (b) The curious provision of Plato, that + a stranger who has been banished for involuntary homicide and is + subsequently wrecked upon the coast, must 'take up his abode on the + sea-shore, wetting his feet in the sea, and watching for an opportunity of + sailing,' recalls the procedure of the Judicium Phreatteum at Athens, + according to which an involuntary homicide, who, having gone into exile, + is accused of a wilful murder, was tried at Phreatto for this offence in a + boat by magistrates on the shore. (c) A still more singular law, occurring + both in the Athenian and Magnesian code, enacts that a stone or other + inanimate object which kills a man is to be tried, and cast over the + border (Telfy). + </p> + <p> + (4) Justifiable or excusable homicide. Plato and Athenian law agree in + making homicide justifiable or excusable in the following cases:—(1) + at the games (Telfy); (2) in war (Telfy); (3) if the person slain was + found doing violence to a free woman (Telfy); (4) if a doctor's patient + dies; (5) in the case of a robber (Telfy); (6) in self-defence (Telfy). + </p> + <p> + (5) Impiety. Death or expulsion was the Athenian penalty for impiety + (Telfy). In the Laws it is punished in various cases by imprisonment for + five years, for life, and by death. + </p> + <p> + (6) Sacrilege. Robbery of temples at Athens was punished by death, refusal + of burial in the land, and confiscation of property (Telfy). In the Laws + the citizen who is guilty of such a crime is to 'perish ingloriously and + be cast beyond the borders of the land,' but his property is not + confiscated. + </p> + <p> + (7) Sorcery. The sorcerer at Athens was to be executed (Telfy): compare + Laws, where it is enacted that the physician who poisons and the + professional sorcerer shall be punished with death. + </p> + <p> + (8) Treason. Both at Athens and in the Laws the penalty for treason was + death (Telfy), and refusal of burial in the country (Telfy). + </p> + <p> + (9) Sheltering exiles. 'If a man receives an exile, he shall be punished + with death.' So, too, in Athenian law (Telfy.). + </p> + <p> + (10) Wounding. Athenian law compelled a man who had wounded another to go + into exile; if he returned, he was to be put to death (Telfy). Plato only + punishes the offence with death when children wound their parents or one + another, or a slave wounds his master. + </p> + <p> + (11) Bribery. Death was the punishment for taking a bribe, both at Athens + (Telfy) and in the Laws; but Athenian law offered an alternative—the + payment of a fine of ten times the amount of the bribe. + </p> + <p> + (12) Theft. Plato, like Athenian law (Telfy), punishes the theft of public + property by death; the theft of private property in both involves a fine + of double the value of the stolen goods (Telfy). + </p> + <p> + (13) Suicide. He 'who slays him who of all men, as they say, is his own + best friend,' is regarded in the same spirit by Plato and by Athenian law. + Plato would have him 'buried ingloriously on the borders of the twelve + portions of the land, in such places as are uncultivated and nameless,' + and 'no column or inscription is to mark the place of his interment.' + Athenian law enacted that the hand which did the deed should be separated + from the body and be buried apart (Telfy). + </p> + <p> + (14) Injury. In cases of wilful injury, Athenian law compelled the guilty + person to pay double the damage; in cases of involuntary injury, simple + damages (Telfy). Plato enacts that if a man wounds another in passion, and + the wound is curable, he shall pay double the damage, if incurable or + disfiguring, fourfold damages. If, however, the wounding is accidental, he + shall simply pay for the harm done. + </p> + <p> + (15) Treatment of parents. Athenian law allowed any one to indict another + for neglect or illtreatment of parents (Telfy). So Plato bids bystanders + assist a father who is assaulted by his son, and allows any one to give + information against children who neglect their parents. + </p> + <p> + (16) Execution of sentences. Both Plato and Athenian law give to the + winner of a suit power to seize the goods of the loser, if he does not pay + within the appointed time (Telfy). At Athens the penalty was also doubled + (Telfy); not so in Plato. Plato however punishes contempt of court by + death, which at Athens seems only to have been visited with a further fine + (Telfy). + </p> + <p> + (17) Property. (a) Both at Athens and in the Laws a man who has disputed + property in his possession must give the name of the person from whom he + received it (Telfy); and any one searching for lost property must enter a + house naked (Telfy), or, as Plato says, 'naked, or wearing only a short + tunic and without a girdle. (b) Athenian law, as well as Plato, did not + allow a father to disinherit his son without good reason and the consent + of impartial persons (Telfy). Neither grants to the eldest son any special + claim on the paternal estate (Telfy). In the law of inheritance both + prefer males to females (Telfy). (c) Plato and Athenian law enacted that a + tree should be planted at a fair distance from a neighbour's property + (Telfy), and that when a man could not get water, his neighbour must + supply him (Telfy). Both at Athens and in Plato there is a law about bees, + the former providing that a beehive must be set up at not less a distance + than 300 feet from a neighbour's (Telfy), and the latter forbidding the + decoying of bees. + </p> + <p> + (18) Orphans. A ward must proceed against a guardian whom he suspects of + fraud within five years of the expiration of the guardianship. This + provision is common to Plato and to Athenian law (Telfy). Further, the + latter enacted that the nearest male relation should marry or provide a + husband for an heiress (Telfy),—a point in which Plato follows it + closely. + </p> + <p> + (19) Contracts. Plato's law that 'when a man makes an agreement which he + does not fulfil, unless the agreement be of a nature which the law or a + vote of the assembly does not allow, or which he has made under the + influence of some unjust compulsion, or which he is prevented from + fulfilling against his will by some unexpected chance,—the other + party may go to law with him,' according to Pollux (quoted in Telfy's + note) prevailed also at Athens. + </p> + <p> + (20) Trade regulations. (a) Lying was forbidden in the agora both by Plato + and at Athens (Telfy). (b) Athenian law allowed an action of recovery + against a man who sold an unsound slave as sound (Telfy). Plato's + enactment is more explicit: he allows only an unskilled person (i.e. one + who is not a trainer or physician) to take proceedings in such a case. (c) + Plato diverges from Athenian practice in the disapproval of credit, and + does not even allow the supply of goods on the deposit of a percentage of + their value (Telfy). He enacts that 'when goods are exchanged by buying + and selling, a man shall deliver them and receive the price of them at a + fixed place in the agora, and have done with the matter,' and that 'he who + gives credit must be satisfied whether he obtain his money or not, for in + such exchanges he will not be protected by law. (d) Athenian law forbad an + extortionate rate of interest (Telfy); Plato allows interest in one case + only—if a contractor does not receive the price of his work within a + year of the time agreed—and at the rate of 200 per cent. per annum + for every drachma a monthly interest of an obol. (e) Both at Athens and in + the Laws sales were to be registered (Telfy), as well as births (Telfy). + </p> + <p> + (21) Sumptuary laws. Extravagance at weddings (Telfy), and at funerals + (Telfy) was forbidden at Athens and also in the Magnesian state. + </p> + <p> + There remains the subject of family life, which in Plato's Laws partakes + both of an Athenian and Spartan character. Under this head may + conveniently be included the condition of women and of slaves. To family + life may be added citizenship. + </p> + <p> + As at Sparta, marriages are to be contracted for the good of the state; + and they may be dissolved on the same ground, where there is a failure of + issue,—the interest of the state requiring that every one of the + 5040 lots should have an heir. Divorces are likewise permitted by Plato + where there is an incompatibility of temper, as at Athens by mutual + consent. The duty of having children is also enforced by a still higher + motive, expressed by Plato in the noble words:—'A man should cling + to immortality, and leave behind him children's children to be the + servants of God in his place.' Again, as at Athens, the father is allowed + to put away his undutiful son, but only with the consent of impartial + persons (Telfy), and the only suit which may be brought by a son against a + father is for imbecility. The class of elder and younger men and women are + still to regard one another, as in the Republic, as standing in the + relation of parents and children. This is a trait of Spartan character + rather than of Athenian. A peculiar sanctity and tenderness was to be + shown towards the aged; the parent or grandparent stricken with years was + to be loved and worshipped like the image of a God, and was to be deemed + far more able than any lifeless statue to bring good or ill to his + descendants. Great care is to be taken of orphans: they are entrusted to + the fifteen eldest Guardians of the Law, who are to be 'lawgivers and + fathers to them not inferior to their natural fathers,' as at Athens they + were entrusted to the Archons. Plato wishes to make the misfortune of + orphanhood as little sad to them as possible. + </p> + <p> + Plato, seeing the disorder into which half the human race had fallen at + Athens and Sparta, is minded to frame for them a new rule of life. He + renounces his fanciful theory of communism, but still desires to place + women as far as possible on an equality with men. They were to be trained + in the use of arms, they are to live in public. Their time was partly + taken up with gymnastic exercises; there could have been little family or + private life among them. Their lot was to be neither like that of Spartan + women, who were made hard and common by excessive practice of gymnastic + and the want of all other education,—nor yet like that of Athenian + women, who, at least among the upper classes, retired into a sort of + oriental seclusion,—but something better than either. They were to + be the perfect mothers of perfect children, yet not wholly taken up with + the duties of motherhood, which were to be made easy to them as far as + possible (compare Republic), but able to share in the perils of war and to + be the companions of their husbands. Here, more than anywhere else, the + spirit of the Laws reverts to the Republic. In speaking of them as the + companions of their husbands we must remember that it is an Athenian and + not a Spartan way of life which they are invited to share, a life of + gaiety and brightness, not of austerity and abstinence, which often by a + reaction degenerated into licence and grossness. + </p> + <p> + In Plato's age the subject of slavery greatly interested the minds of + thoughtful men; and how best to manage this 'troublesome piece of goods' + exercised his own mind a good deal. He admits that they have often been + found better than brethren or sons in the hour of danger, and are capable + of rendering important public services by informing against offenders—for + this they are to be rewarded; and the master who puts a slave to death for + the sake of concealing some crime which he has committed, is held guilty + of murder. But they are not always treated with equal consideration. The + punishments inflicted on them bear no proportion to their crimes. They are + to be addressed only in the language of command. Their masters are not to + jest with them, lest they should increase the hardship of their lot. Some + privileges were granted to them by Athenian law of which there is no + mention in Plato; they were allowed to purchase their freedom from their + master, and if they despaired of being liberated by him they could demand + to be sold, on the chance of falling into better hands. But there is no + suggestion in the Laws that a slave who tried to escape should be branded + with the words—kateche me, pheugo, or that evidence should be + extracted from him by torture, that the whole household was to be executed + if the master was murdered and the perpetrator remained undetected: all + these were provisions of Athenian law. Plato is more consistent than + either the Athenians or the Spartans; for at Sparta too the Helots were + treated in a manner almost unintelligible to us. On the one hand, they had + arms put into their hands, and served in the army, not only, as at + Plataea, in attendance on their masters, but, after they had been + manumitted, as a separate body of troops called Neodamodes: on the other + hand, they were the victims of one of the greatest crimes recorded in + Greek history (Thucyd.). The two great philosophers of Hellas sought to + extricate themselves from this cruel condition of human life, but + acquiesced in the necessity of it. A noble and pathetic sentiment of + Plato, suggested by the thought of their misery, may be quoted in this + place:—'The right treatment of slaves is to behave properly to them, + and to do to them, if possible, even more justice than to those who are + our equals; for he who naturally and genuinely reverences justice, and + hates injustice, is discovered in his dealings with any class of men to + whom he can easily be unjust. And he who in regard to the natures and + actions of his slaves is undefiled by impiety and injustice, will best sow + the seeds of virtue in them; and this may be truly said of every master, + and tyrant, and of every other having authority in relation to his + inferiors.' + </p> + <p> + All the citizens of the Magnesian state were free and equal; there was no + distinction of rank among them, such as is believed to have prevailed at + Sparta. Their number was a fixed one, corresponding to the 5040 lots. One + of the results of this is the requirement that younger sons or those who + have been disinherited shall go out to a colony. At Athens, where there + was not the same religious feeling against increasing the size of the + city, the number of citizens must have been liable to considerable + fluctuations. Several classes of persons, who were not citizens by birth, + were admitted to the privilege. Perpetual exiles from other countries, + people who settled there to practise a trade (Telfy), any one who had + shown distinguished valour in the cause of Athens, the Plataeans who + escaped from the siege, metics and strangers who offered to serve in the + army, the slaves who fought at Arginusae,—all these could or did + become citizens. Even those who were only on one side of Athenian + parentage were at more than one period accounted citizens. But at times + there seems to have arisen a feeling against this promiscuous extension of + the citizen body, an expression of which is to be found in the law of + Pericles—monous Athenaious einai tous ek duoin Athenaion gegonotas + (Plutarch, Pericles); and at no time did the adopted citizen enjoy the + full rights of citizenship—e.g. he might not be elected archon or to + the office of priest (Telfy), although this prohibition did not extend to + his children, if born of a citizen wife. Plato never thinks of making the + metic, much less the slave, a citizen. His treatment of the former class + is at once more gentle and more severe than that which prevailed at + Athens. He imposes upon them no tax but good behaviour, whereas at Athens + they were required to pay twelve drachmae per annum, and to have a patron: + on the other hand, he only allows them to reside in the Magnesian state on + condition of following a trade; they were required to depart when their + property exceeded that of the third class, and in any case after a + residence of twenty years, unless they could show that they had conferred + some great benefit on the state. This privileged position reflects that of + the isoteleis at Athens, who were excused from the metoikion. It is + Plato's greatest concession to the metic, as the bestowal of freedom is + his greatest concession to the slave. + </p> + <p> + Lastly, there is a more general point of view under which the Laws of + Plato may be considered,—the principles of Jurisprudence which are + contained in them. These are not formally announced, but are scattered up + and down, to be observed by the reflective reader for himself. Some of + them are only the common principles which all courts of justice have + gathered from experience; others are peculiar and characteristic. That + judges should sit at fixed times and hear causes in a regular order, that + evidence should be laid before them, that false witnesses should be + disallowed, and corruption punished, that defendants should be heard + before they are convicted,—these are the rules, not only of the + Hellenic courts, but of courts of law in all ages and countries. But there + are also points which are peculiar, and in which ancient jurisprudence + differs considerably from modern; some of them are of great + importance...It could not be said at Athens, nor was it ever contemplated + by Plato, that all men, including metics and slaves, should be equal 'in + the eye of the law.' There was some law for the slave, but not much; no + adequate protection was given him against the cruelty of his master...It + was a singular privilege granted, both by the Athenian and Magnesian law, + to a murdered man, that he might, before he died, pardon his murderer, in + which case no legal steps were afterwards to be taken against him. This + law is the remnant of an age in which the punishment of offences against + the person was the concern rather of the individual and his kinsmen than + of the state...Plato's division of crimes into voluntary and involuntary + and those done from passion, only partially agrees with the distinction + which modern law has drawn between murder and manslaughter; his attempt to + analyze them is confused by the Socratic paradox, that 'All vice is + involuntary'...It is singular that both in the Laws and at Athens theft is + commonly punished by a twofold restitution of the article stolen. The + distinction between civil and criminal courts or suits was not yet + recognized...Possession gives a right of property after a certain + time...The religious aspect under which certain offences were regarded + greatly interfered with a just and natural estimate of their guilt...As + among ourselves, the intent to murder was distinguished by Plato from + actual murder...We note that both in Plato and the laws of Athens, libel + in the market-place and personality in the theatre were forbidden...Both + in Plato and Athenian law, as in modern times, the accomplice of a crime + is to be punished as well as the principal...Plato does not allow a + witness in a cause to act as a judge of it...Oaths are not to be taken by + the parties to a suit...Both at Athens and in Plato's Laws capital + punishment for murder was not to be inflicted, if the offender was willing + to go into exile...Respect for the dead, duty towards parents, are to be + enforced by the law as well as by public opinion...Plato proclaims the + noble sentiment that the object of all punishment is the improvement of + the offender... Finally, he repeats twice over, as with the voice of a + prophet, that the crimes of the fathers are not to be visited upon the + children. In this respect he is nobly distinguished from the Oriental, and + indeed from the spirit of Athenian law (compare Telfy,—dei kai + autous kai tous ek touton atimous einai), as the Hebrew in the age of + Ezekial is from the Jewish people of former ages. + </p> + <p> + Of all Plato's provisions the object is to bring the practice of the law + more into harmony with reason and philosophy; to secure impartiality, and + while acknowledging that every citizen has a right to share in the + administration of justice, to counteract the tendency of the courts to + become mere popular assemblies. + </p> + <p> + ... + </p> + <p> + Thus we have arrived at the end of the writings of Plato, and at the last + stage of philosophy which was really his. For in what followed, which we + chiefly gather from the uncertain intimations of Aristotle, the spirit of + the master no longer survived. The doctrine of Ideas passed into one of + numbers; instead of advancing from the abstract to the concrete, the + theories of Plato were taken out of their context, and either asserted or + refuted with a provoking literalism; the Socratic or Platonic element in + his teaching was absorbed into the Pythagorean or Megarian. His poetry was + converted into mysticism; his unsubstantial visions were assailed secundum + artem by the rules of logic. His political speculations lost their + interest when the freedom of Hellas had passed away. Of all his writings + the Laws were the furthest removed from the traditions of the Platonic + school in the next generation. Both his political and his metaphysical + philosophy are for the most part misinterpreted by Aristotle. The best of + him—his love of truth, and his 'contemplation of all time and all + existence,' was soonest lost; and some of his greatest thoughts have slept + in the ear of mankind almost ever since they were first uttered. + </p> + <p> + We have followed him during his forty or fifty years of authorship, from + the beginning when he first attempted to depict the teaching of Socrates + in a dramatic form, down to the time at which the character of Socrates + had disappeared, and we have the latest reflections of Plato's own mind + upon Hellas and upon philosophy. He, who was 'the last of the poets,' in + his book of Laws writes prose only; he has himself partly fallen under the + rhetorical influences which in his earlier dialogues he was combating. The + progress of his writings is also the history of his life; we have no other + authentic life of him. They are the true self of the philosopher, stripped + of the accidents of time and place. The great effort which he makes is, + first, to realize abstractions, secondly, to connect them. In the attempt + to realize them, he was carried into a transcendental region in which he + isolated them from experience, and we pass out of the range of science + into poetry or fiction. The fancies of mythology for a time cast a veil + over the gulf which divides phenomena from onta (Meno, Phaedrus, + Symposium, Phaedo). In his return to earth Plato meets with a difficulty + which has long ceased to be a difficulty to us. He cannot understand how + these obstinate, unmanageable ideas, residing alone in their heaven of + abstraction, can be either combined with one another, or adapted to + phenomena (Parmenides, Philebus, Sophist). That which is the most familiar + process of our own minds, to him appeared to be the crowning achievement + of the dialectical art. The difficulty which in his own generation + threatened to be the destruction of philosophy, he has rendered unmeaning + and ridiculous. For by his conquests in the world of mind our thoughts are + widened, and he has furnished us with new dialectical instruments which + are of greater compass and power. We have endeavoured to see him as he + truly was, a great original genius struggling with unequal conditions of + knowledge, not prepared with a system nor evolving in a series of + dialogues ideas which he had long conceived, but contradictory, enquiring + as he goes along, following the argument, first from one point of view and + then from another, and therefore arriving at opposite conclusions, + hovering around the light, and sometimes dazzled with excess of light, but + always moving in the same element of ideal truth. We have seen him also in + his decline, when the wings of his imagination have begun to droop, but + his experience of life remains, and he turns away from the contemplation + of the eternal to take a last sad look at human affairs. + </p> + <p> + ... + </p> + <p> + And so having brought into the world 'noble children' (Phaedr.), he rests + from the labours of authorship. More than two thousand two hundred years + have passed away since he returned to the place of Apollo and the Muses. + Yet the echo of his words continues to be heard among men, because of all + philosophers he has the most melodious voice. He is the inspired prophet + or teacher who can never die, the only one in whom the outward form + adequately represents the fair soul within; in whom the thoughts of all + who went before him are reflected and of all who come after him are partly + anticipated. Other teachers of philosophy are dried up and withered,—after + a few centuries they have become dust; but he is fresh and blooming, and + is always begetting new ideas in the minds of men. They are one-sided and + abstract; but he has many sides of wisdom. Nor is he always consistent + with himself, because he is always moving onward, and knows that there are + many more things in philosophy than can be expressed in words, and that + truth is greater than consistency. He who approaches him in the most + reverent spirit shall reap most of the fruit of his wisdom; he who reads + him by the light of ancient commentators will have the least understanding + of him. + </p> + <p> + We may see him with the eye of the mind in the groves of the Academy, or + on the banks of the Ilissus, or in the streets of Athens, alone or walking + with Socrates, full of those thoughts which have since become the common + possession of mankind. Or we may compare him to a statue hid away in some + temple of Zeus or Apollo, no longer existing on earth, a statue which has + a look as of the God himself. Or we may once more imagine him following in + another state of being the great company of heaven which he beheld of old + in a vision (Phaedr.). So, 'partly trifling, but with a certain degree of + seriousness' (Symp.), we linger around the memory of a world which has + passed away (Phaedr.). + </p> + <p> + <a name="link2H_4_0003" id="link2H_4_0003"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h1> + LAWS + </h1> + <p> + <a name="link2H_4_0004" id="link2H_4_0004"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + BOOK I. + </h2> + <p> + PERSONS OF THE DIALOGUE: An Athenian Stranger, Cleinias (a Cretan), + Megillus (a Lacedaemonian). + </p> + <p> + ATHENIAN: Tell me, Strangers, is a God or some man supposed to be the + author of your laws? + </p> + <p> + CLEINIAS: A God, Stranger; in very truth a God: among us Cretans he is + said to have been Zeus, but in Lacedaemon, whence our friend here comes, I + believe they would say that Apollo is their lawgiver: would they not, + Megillus? + </p> + <p> + MEGILLUS: Certainly. + </p> + <p> + ATHENIAN: And do you, Cleinias, believe, as Homer tells, that every ninth + year Minos went to converse with his Olympian sire, and was inspired by + him to make laws for your cities? + </p> + <p> + CLEINIAS: Yes, that is our tradition; and there was Rhadamanthus, a + brother of his, with whose name you are familiar; he is reputed to have + been the justest of men, and we Cretans are of opinion that he earned this + reputation from his righteous administration of justice when he was alive. + </p> + <p> + ATHENIAN: Yes, and a noble reputation it was, worthy of a son of Zeus. As + you and Megillus have been trained in these institutions, I dare say that + you will not be unwilling to give an account of your government and laws; + on our way we can pass the time pleasantly in talking about them, for I am + told that the distance from Cnosus to the cave and temple of Zeus is + considerable; and doubtless there are shady places under the lofty trees, + which will protect us from this scorching sun. Being no longer young, we + may often stop to rest beneath them, and get over the whole journey + without difficulty, beguiling the time by conversation. + </p> + <p> + CLEINIAS: Yes, Stranger, and if we proceed onward we shall come to groves + of cypresses, which are of rare height and beauty, and there are green + meadows, in which we may repose and converse. + </p> + <p> + ATHENIAN: Very good. + </p> + <p> + CLEINIAS: Very good, indeed; and still better when we see them; let us + move on cheerily. + </p> + <p> + ATHENIAN: I am willing—And first, I want to know why the law has + ordained that you shall have common meals and gymnastic exercises, and + wear arms. + </p> + <p> + CLEINIAS: I think, Stranger, that the aim of our institutions is easily + intelligible to any one. Look at the character of our country: Crete is + not like Thessaly, a large plain; and for this reason they have horsemen + in Thessaly, and we have runners—the inequality of the ground in our + country is more adapted to locomotion on foot; but then, if you have + runners you must have light arms—no one can carry a heavy weight + when running, and bows and arrows are convenient because they are light. + Now all these regulations have been made with a view to war, and the + legislator appears to me to have looked to this in all his arrangements:—the + common meals, if I am not mistaken, were instituted by him for a similar + reason, because he saw that while they are in the field the citizens are + by the nature of the case compelled to take their meals together for the + sake of mutual protection. He seems to me to have thought the world + foolish in not understanding that all men are always at war with one + another; and if in war there ought to be common meals and certain persons + regularly appointed under others to protect an army, they should be + continued in peace. For what men in general term peace would be said by + him to be only a name; in reality every city is in a natural state of war + with every other, not indeed proclaimed by heralds, but everlasting. And + if you look closely, you will find that this was the intention of the + Cretan legislator; all institutions, private as well as public, were + arranged by him with a view to war; in giving them he was under the + impression that no possessions or institutions are of any value to him who + is defeated in battle; for all the good things of the conquered pass into + the hands of the conquerors. + </p> + <p> + ATHENIAN: You appear to me, Stranger, to have been thoroughly trained in + the Cretan institutions, and to be well informed about them; will you tell + me a little more explicitly what is the principle of government which you + would lay down? You seem to imagine that a well-governed state ought to be + so ordered as to conquer all other states in war: am I right in supposing + this to be your meaning? + </p> + <p> + CLEINIAS: Certainly; and our Lacedaemonian friend, if I am not mistaken, + will agree with me. + </p> + <p> + MEGILLUS: Why, my good friend, how could any Lacedaemonian say anything + else? + </p> + <p> + ATHENIAN: And is what you say applicable only to states, or also to + villages? + </p> + <p> + CLEINIAS: To both alike. + </p> + <p> + ATHENIAN: The case is the same? + </p> + <p> + CLEINIAS: Yes. + </p> + <p> + ATHENIAN: And in the village will there be the same war of family against + family, and of individual against individual? + </p> + <p> + CLEINIAS: The same. + </p> + <p> + ATHENIAN: And should each man conceive himself to be his own enemy:—what + shall we say? + </p> + <p> + CLEINIAS: O Athenian Stranger—inhabitant of Attica I will not call + you, for you seem to deserve rather to be named after the goddess herself, + because you go back to first principles,—you have thrown a light + upon the argument, and will now be better able to understand what I was + just saying,—that all men are publicly one another's enemies, and + each man privately his own. + </p> + <p> + (ATHENIAN: My good sir, what do you mean?)— + </p> + <p> + CLEINIAS:...Moreover, there is a victory and defeat—the first and + best of victories, the lowest and worst of defeats—which each man + gains or sustains at the hands, not of another, but of himself; this shows + that there is a war against ourselves going on within every one of us. + </p> + <p> + ATHENIAN: Let us now reverse the order of the argument: Seeing that every + individual is either his own superior or his own inferior, may we say that + there is the same principle in the house, the village, and the state? + </p> + <p> + CLEINIAS: You mean that in each of them there is a principle of + superiority or inferiority to self? + </p> + <p> + ATHENIAN: Yes. + </p> + <p> + CLEINIAS: You are quite right in asking the question, for there certainly + is such a principle, and above all in states; and the state in which the + better citizens win a victory over the mob and over the inferior classes + may be truly said to be better than itself, and may be justly praised, + where such a victory is gained, or censured in the opposite case. + </p> + <p> + ATHENIAN: Whether the better is ever really conquered by the worse, is a + question which requires more discussion, and may be therefore left for the + present. But I now quite understand your meaning when you say that + citizens who are of the same race and live in the same cities may unjustly + conspire, and having the superiority in numbers may overcome and enslave + the few just; and when they prevail, the state may be truly called its own + inferior and therefore bad; and when they are defeated, its own superior + and therefore good. + </p> + <p> + CLEINIAS: Your remark, Stranger, is a paradox, and yet we cannot possibly + deny it. + </p> + <p> + ATHENIAN: Here is another case for consideration;—in a family there + may be several brothers, who are the offspring of a single pair; very + possibly the majority of them may be unjust, and the just may be in a + minority. + </p> + <p> + CLEINIAS: Very possibly. + </p> + <p> + ATHENIAN: And you and I ought not to raise a question of words as to + whether this family and household are rightly said to be superior when + they conquer, and inferior when they are conquered; for we are not now + considering what may or may not be the proper or customary way of + speaking, but we are considering the natural principles of right and wrong + in laws. + </p> + <p> + CLEINIAS: What you say, Stranger, is most true. + </p> + <p> + MEGILLUS: Quite excellent, in my opinion, as far as we have gone. + </p> + <p> + ATHENIAN: Again; might there not be a judge over these brethren, of whom + we were speaking? + </p> + <p> + CLEINIAS: Certainly. + </p> + <p> + ATHENIAN: Now, which would be the better judge—one who destroyed the + bad and appointed the good to govern themselves; or one who, while + allowing the good to govern, let the bad live, and made them voluntarily + submit? Or third, I suppose, in the scale of excellence might be placed a + judge, who, finding the family distracted, not only did not destroy any + one, but reconciled them to one another for ever after, and gave them laws + which they mutually observed, and was able to keep them friends. + </p> + <p> + CLEINIAS: The last would be by far the best sort of judge and legislator. + </p> + <p> + ATHENIAN: And yet the aim of all the laws which he gave would be the + reverse of war. + </p> + <p> + CLEINIAS: Very true. + </p> + <p> + ATHENIAN: And will he who constitutes the state and orders the life of man + have in view external war, or that kind of intestine war called civil, + which no one, if he could prevent, would like to have occurring in his own + state; and when occurring, every one would wish to be quit of as soon as + possible? + </p> + <p> + CLEINIAS: He would have the latter chiefly in view. + </p> + <p> + ATHENIAN: And would he prefer that this civil war should be terminated by + the destruction of one of the parties, and by the victory of the other, or + that peace and friendship should be re-established, and that, being + reconciled, they should give their attention to foreign enemies? + </p> + <p> + CLEINIAS: Every one would desire the latter in the case of his own state. + </p> + <p> + ATHENIAN: And would not that also be the desire of the legislator? + </p> + <p> + CLEINIAS: Certainly. + </p> + <p> + ATHENIAN: And would not every one always make laws for the sake of the + best? + </p> + <p> + CLEINIAS: To be sure. + </p> + <p> + ATHENIAN: But war, whether external or civil, is not the best, and the + need of either is to be deprecated; but peace with one another, and good + will, are best. Nor is the victory of the state over itself to be regarded + as a really good thing, but as a necessity; a man might as well say that + the body was in the best state when sick and purged by medicine, + forgetting that there is also a state of the body which needs no purge. + And in like manner no one can be a true statesman, whether he aims at the + happiness of the individual or state, who looks only, or first of all, to + external warfare; nor will he ever be a sound legislator who orders peace + for the sake of war, and not war for the sake of peace. + </p> + <p> + CLEINIAS: I suppose that there is truth, Stranger, in that remark of + yours; and yet I am greatly mistaken if war is not the entire aim and + object of our own institutions, and also of the Lacedaemonian. + </p> + <p> + ATHENIAN: I dare say; but there is no reason why we should rudely quarrel + with one another about your legislators, instead of gently questioning + them, seeing that both we and they are equally in earnest. Please follow + me and the argument closely:—And first I will put forward Tyrtaeus, + an Athenian by birth, but also a Spartan citizen, who of all men was most + eager about war: Well, he says, + </p> +<pre xml:space="preserve"> + 'I sing not, I care not, about any man, +</pre> + <p> + even if he were the richest of men, and possessed every good (and then he + gives a whole list of them), if he be not at all times a brave warrior.' I + imagine that you, too, must have heard his poems; our Lacedaemonian friend + has probably heard more than enough of them. + </p> + <p> + MEGILLUS: Very true. + </p> + <p> + CLEINIAS: And they have found their way from Lacedaemon to Crete. + </p> + <p> + ATHENIAN: Come now and let us all join in asking this question of + Tyrtaeus: O most divine poet, we will say to him, the excellent praise + which you have bestowed on those who excel in war sufficiently proves that + you are wise and good, and I and Megillus and Cleinias of Cnosus do, as I + believe, entirely agree with you. But we should like to be quite sure that + we are speaking of the same men; tell us, then, do you agree with us in + thinking that there are two kinds of war; or what would you say? A far + inferior man to Tyrtaeus would have no difficulty in replying quite truly, + that war is of two kinds,—one which is universally called civil war, + and is, as we were just now saying, of all wars the worst; the other, as + we should all admit, in which we fall out with other nations who are of a + different race, is a far milder form of warfare. + </p> + <p> + CLEINIAS: Certainly, far milder. + </p> + <p> + ATHENIAN: Well, now, when you praise and blame war in this high-flown + strain, whom are you praising or blaming, and to which kind of war are you + referring? I suppose that you must mean foreign war, if I am to judge from + expressions of yours in which you say that you abominate those + </p> + <p> + 'Who refuse to look upon fields of blood, and will not draw near and + strike at their enemies.' + </p> + <p> + And we shall naturally go on to say to him,—You, Tyrtaeus, as it + seems, praise those who distinguish themselves in external and foreign + war; and he must admit this. + </p> + <p> + CLEINIAS: Evidently. + </p> + <p> + ATHENIAN: They are good; but we say that there are still better men whose + virtue is displayed in the greatest of all battles. And we too have a poet + whom we summon as a witness, Theognis, citizen of Megara in Sicily: + </p> + <p> + 'Cyrnus,' he says, 'he who is faithful in a civil broil is worth his + weight in gold and silver.' + </p> + <p> + And such an one is far better, as we affirm, than the other in a more + difficult kind of war, much in the same degree as justice and temperance + and wisdom, when united with courage, are better than courage only; for a + man cannot be faithful and good in civil strife without having all virtue. + But in the war of which Tyrtaeus speaks, many a mercenary soldier will + take his stand and be ready to die at his post, and yet they are generally + and almost without exception insolent, unjust, violent men, and the most + senseless of human beings. You will ask what the conclusion is, and what I + am seeking to prove: I maintain that the divine legislator of Crete, like + any other who is worthy of consideration, will always and above all things + in making laws have regard to the greatest virtue; which, according to + Theognis, is loyalty in the hour of danger, and may be truly called + perfect justice. Whereas, that virtue which Tyrtaeus highly praises is + well enough, and was praised by the poet at the right time, yet in place + and dignity may be said to be only fourth rate (i.e., it ranks after + justice, temperance, and wisdom.). + </p> + <p> + CLEINIAS: Stranger, we are degrading our inspired lawgiver to a rank which + is far beneath him. + </p> + <p> + ATHENIAN: Nay, I think that we degrade not him but ourselves, if we + imagine that Lycurgus and Minos laid down laws both in Lacedaemon and + Crete mainly with a view to war. + </p> + <p> + CLEINIAS: What ought we to say then? + </p> + <p> + ATHENIAN: What truth and what justice require of us, if I am not mistaken, + when speaking in behalf of divine excellence;—that the legislator + when making his laws had in view not a part only, and this the lowest part + of virtue, but all virtue, and that he devised classes of laws answering + to the kinds of virtue; not in the way in which modern inventors of laws + make the classes, for they only investigate and offer laws whenever a want + is felt, and one man has a class of laws about allotments and heiresses, + another about assaults; others about ten thousand other such matters. But + we maintain that the right way of examining into laws is to proceed as we + have now done, and I admired the spirit of your exposition; for you were + quite right in beginning with virtue, and saying that this was the aim of + the giver of the law, but I thought that you went wrong when you added + that all his legislation had a view only to a part, and the least part of + virtue, and this called forth my subsequent remarks. Will you allow me + then to explain how I should have liked to have heard you expound the + matter? + </p> + <p> + CLEINIAS: By all means. + </p> + <p> + ATHENIAN: You ought to have said, Stranger—The Cretan laws are with + reason famous among the Hellenes; for they fulfil the object of laws, + which is to make those who use them happy; and they confer every sort of + good. Now goods are of two kinds: there are human and there are divine + goods, and the human hang upon the divine; and the state which attains the + greater, at the same time acquires the less, or, not having the greater, + has neither. Of the lesser goods the first is health, the second beauty, + the third strength, including swiftness in running and bodily agility + generally, and the fourth is wealth, not the blind god (Pluto), but one + who is keen of sight, if only he has wisdom for his companion. For wisdom + is chief and leader of the divine class of goods, and next follows + temperance; and from the union of these two with courage springs justice, + and fourth in the scale of virtue is courage. All these naturally take + precedence of the other goods, and this is the order in which the + legislator must place them, and after them he will enjoin the rest of his + ordinances on the citizens with a view to these, the human looking to the + divine, and the divine looking to their leader mind. Some of his + ordinances will relate to contracts of marriage which they make one with + another, and then to the procreation and education of children, both male + and female; the duty of the lawgiver will be to take charge of his + citizens, in youth and age, and at every time of life, and to give them + punishments and rewards; and in reference to all their intercourse with + one another, he ought to consider their pains and pleasures and desires, + and the vehemence of all their passions; he should keep a watch over them, + and blame and praise them rightly by the mouth of the laws themselves. + Also with regard to anger and terror, and the other perturbations of the + soul, which arise out of misfortune, and the deliverances from them which + prosperity brings, and the experiences which come to men in diseases, or + in war, or poverty, or the opposite of these; in all these states he + should determine and teach what is the good and evil of the condition of + each. In the next place, the legislator has to be careful how the citizens + make their money and in what way they spend it, and to have an eye to + their mutual contracts and dissolutions of contracts, whether voluntary or + involuntary: he should see how they order all this, and consider where + justice as well as injustice is found or is wanting in their several + dealings with one another; and honour those who obey the law, and impose + fixed penalties on those who disobey, until the round of civil life is + ended, and the time has come for the consideration of the proper funeral + rites and honours of the dead. And the lawgiver reviewing his work, will + appoint guardians to preside over these things,—some who walk by + intelligence, others by true opinion only, and then mind will bind + together all his ordinances and show them to be in harmony with temperance + and justice, and not with wealth or ambition. This is the spirit, + Stranger, in which I was and am desirous that you should pursue the + subject. And I want to know the nature of all these things, and how they + are arranged in the laws of Zeus, as they are termed, and in those of the + Pythian Apollo, which Minos and Lycurgus gave; and how the order of them + is discovered to his eyes, who has experience in laws gained either by + study or habit, although they are far from being self-evident to the rest + of mankind like ourselves. + </p> + <p> + CLEINIAS: How shall we proceed, Stranger? + </p> + <p> + ATHENIAN: I think that we must begin again as before, and first consider + the habit of courage; and then we will go on and discuss another and then + another form of virtue, if you please. In this way we shall have a model + of the whole; and with these and similar discourses we will beguile the + way. And when we have gone through all the virtues, we will show, by the + grace of God, that the institutions of which I was speaking look to + virtue. + </p> + <p> + MEGILLUS: Very good; and suppose that you first criticize this praiser of + Zeus and the laws of Crete. + </p> + <p> + ATHENIAN: I will try to criticize you and myself, as well as him, for the + argument is a common concern. Tell me,—were not first the syssitia, + and secondly the gymnasia, invented by your legislator with a view to war? + </p> + <p> + MEGILLUS: Yes. + </p> + <p> + ATHENIAN: And what comes third, and what fourth? For that, I think, is the + sort of enumeration which ought to be made of the remaining parts of + virtue, no matter whether you call them parts or what their name is, + provided the meaning is clear. + </p> + <p> + MEGILLUS: Then I, or any other Lacedaemonian, would reply that hunting is + third in order. + </p> + <p> + ATHENIAN: Let us see if we can discover what comes fourth and fifth. + </p> + <p> + MEGILLUS: I think that I can get as far as the fourth head, which is the + frequent endurance of pain, exhibited among us Spartans in certain + hand-to-hand fights; also in stealing with the prospect of getting a good + beating; there is, too, the so-called Crypteia, or secret service, in + which wonderful endurance is shown,—our people wander over the whole + country by day and by night, and even in winter have not a shoe to their + foot, and are without beds to lie upon, and have to attend upon + themselves. Marvellous, too, is the endurance which our citizens show in + their naked exercises, contending against the violent summer heat; and + there are many similar practices, to speak of which in detail would be + endless. + </p> + <p> + ATHENIAN: Excellent, O Lacedaemonian Stranger. But how ought we to define + courage? Is it to be regarded only as a combat against fears and pains, or + also against desires and pleasures, and against flatteries; which exercise + such a tremendous power, that they make the hearts even of respectable + citizens to melt like wax? + </p> + <p> + MEGILLUS: I should say the latter. + </p> + <p> + ATHENIAN: In what preceded, as you will remember, our Cnosian friend was + speaking of a man or a city being inferior to themselves:—Were you + not, Cleinias? + </p> + <p> + CLEINIAS: I was. + </p> + <p> + ATHENIAN: Now, which is in the truest sense inferior, the man who is + overcome by pleasure or by pain? + </p> + <p> + CLEINIAS: I should say the man who is overcome by pleasure; for all men + deem him to be inferior in a more disgraceful sense, than the other who is + overcome by pain. + </p> + <p> + ATHENIAN: But surely the lawgivers of Crete and Lacedaemon have not + legislated for a courage which is lame of one leg, able only to meet + attacks which come from the left, but impotent against the insidious + flatteries which come from the right? + </p> + <p> + CLEINIAS: Able to meet both, I should say. + </p> + <p> + ATHENIAN: Then let me once more ask, what institutions have you in either + of your states which give a taste of pleasures, and do not avoid them any + more than they avoid pains; but which set a person in the midst of them, + and compel or induce him by the prospect of reward to get the better of + them? Where is an ordinance about pleasure similar to that about pain to + be found in your laws? Tell me what there is of this nature among you:—What + is there which makes your citizen equally brave against pleasure and pain, + conquering what they ought to conquer, and superior to the enemies who are + most dangerous and nearest home? + </p> + <p> + MEGILLUS: I was able to tell you, Stranger, many laws which were directed + against pain; but I do not know that I can point out any great or obvious + examples of similar institutions which are concerned with pleasure; there + are some lesser provisions, however, which I might mention. + </p> + <p> + CLEINIAS: Neither can I show anything of that sort which is at all equally + prominent in the Cretan laws. + </p> + <p> + ATHENIAN: No wonder, my dear friends; and if, as is very likely, in our + search after the true and good, one of us may have to censure the laws of + the others, we must not be offended, but take kindly what another says. + </p> + <p> + CLEINIAS: You are quite right, Athenian Stranger, and we will do as you + say. + </p> + <p> + ATHENIAN: At our time of life, Cleinias, there should be no feeling of + irritation. + </p> + <p> + CLEINIAS: Certainly not. + </p> + <p> + ATHENIAN: I will not at present determine whether he who censures the + Cretan or Lacedaemonian polities is right or wrong. But I believe that I + can tell better than either of you what the many say about them. For + assuming that you have reasonably good laws, one of the best of them will + be the law forbidding any young men to enquire which of them are right or + wrong; but with one mouth and one voice they must all agree that the laws + are all good, for they came from God; and any one who says the contrary is + not to be listened to. But an old man who remarks any defect in your laws + may communicate his observation to a ruler or to an equal in years when no + young man is present. + </p> + <p> + CLEINIAS: Exactly so, Stranger; and like a diviner, although not there at + the time, you seem to me quite to have hit the meaning of the legislator, + and to say what is most true. + </p> + <p> + ATHENIAN: As there are no young men present, and the legislator has given + old men free licence, there will be no impropriety in our discussing these + very matters now that we are alone. + </p> + <p> + CLEINIAS: True. And therefore you may be as free as you like in your + censure of our laws, for there is no discredit in knowing what is wrong; + he who receives what is said in a generous and friendly spirit will be all + the better for it. + </p> + <p> + ATHENIAN: Very good; however, I am not going to say anything against your + laws until to the best of my ability I have examined them, but I am going + to raise doubts about them. For you are the only people known to us, + whether Greek or barbarian, whom the legislator commanded to eschew all + great pleasures and amusements and never to touch them; whereas in the + matter of pains or fears which we have just been discussing, he thought + that they who from infancy had always avoided pains and fears and sorrows, + when they were compelled to face them would run away from those who were + hardened in them, and would become their subjects. Now the legislator + ought to have considered that this was equally true of pleasure; he should + have said to himself, that if our citizens are from their youth upward + unacquainted with the greatest pleasures, and unused to endure amid the + temptations of pleasure, and are not disciplined to refrain from all + things evil, the sweet feeling of pleasure will overcome them just as fear + would overcome the former class; and in another, and even a worse manner, + they will be the slaves of those who are able to endure amid pleasures, + and have had the opportunity of enjoying them, they being often the worst + of mankind. One half of their souls will be a slave, the other half free; + and they will not be worthy to be called in the true sense men and + freemen. Tell me whether you assent to my words? + </p> + <p> + CLEINIAS: On first hearing, what you say appears to be the truth; but to + be hasty in coming to a conclusion about such important matters would be + very childish and simple. + </p> + <p> + ATHENIAN: Suppose, Cleinias and Megillus, that we consider the virtue + which follows next of those which we intended to discuss (for after + courage comes temperance), what institutions shall we find relating to + temperance, either in Crete or Lacedaemon, which, like your military + institutions, differ from those of any ordinary state. + </p> + <p> + MEGILLUS: That is not an easy question to answer; still I should say that + the common meals and gymnastic exercises have been excellently devised for + the promotion both of temperance and courage. + </p> + <p> + ATHENIAN: There seems to be a difficulty, Stranger, with regard to states, + in making words and facts coincide so that there can be no dispute about + them. As in the human body, the regimen which does good in one way does + harm in another; and we can hardly say that any one course of treatment is + adapted to a particular constitution. Now the gymnasia and common meals do + a great deal of good, and yet they are a source of evil in civil troubles; + as is shown in the case of the Milesian, and Boeotian, and Thurian youth, + among whom these institutions seem always to have had a tendency to + degrade the ancient and natural custom of love below the level, not only + of man, but of the beasts. The charge may be fairly brought against your + cities above all others, and is true also of most other states which + especially cultivate gymnastics. Whether such matters are to be regarded + jestingly or seriously, I think that the pleasure is to be deemed natural + which arises out of the intercourse between men and women; but that the + intercourse of men with men, or of women with women, is contrary to + nature, and that the bold attempt was originally due to unbridled lust. + The Cretans are always accused of having invented the story of Ganymede + and Zeus because they wanted to justify themselves in the enjoyment of + unnatural pleasures by the practice of the god whom they believe to have + been their lawgiver. Leaving the story, we may observe that any + speculation about laws turns almost entirely on pleasure and pain, both in + states and in individuals: these are two fountains which nature lets flow, + and he who draws from them where and when, and as much as he ought, is + happy; and this holds of men and animals—of individuals as well as + states; and he who indulges in them ignorantly and at the wrong time, is + the reverse of happy. + </p> + <p> + MEGILLUS: I admit, Stranger, that your words are well spoken, and I hardly + know what to say in answer to you; but still I think that the Spartan + lawgiver was quite right in forbidding pleasure. Of the Cretan laws, I + shall leave the defence to my Cnosian friend. But the laws of Sparta, in + as far as they relate to pleasure, appear to me to be the best in the + world; for that which leads mankind in general into the wildest pleasure + and licence, and every other folly, the law has clean driven out; and + neither in the country nor in towns which are under the control of Sparta, + will you find revelries and the many incitements of every kind of pleasure + which accompany them; and any one who meets a drunken and disorderly + person, will immediately have him most severely punished, and will not let + him off on any pretence, not even at the time of a Dionysiac festival; + although I have remarked that this may happen at your performances 'on the + cart,' as they are called; and among our Tarentine colonists I have seen + the whole city drunk at a Dionysiac festival; but nothing of the sort + happens among us. + </p> + <p> + ATHENIAN: O Lacedaemonian Stranger, these festivities are praiseworthy + where there is a spirit of endurance, but are very senseless when they are + under no regulations. In order to retaliate, an Athenian has only to point + out the licence which exists among your women. To all such accusations, + whether they are brought against the Tarentines, or us, or you, there is + one answer which exonerates the practice in question from impropriety. + When a stranger expresses wonder at the singularity of what he sees, any + inhabitant will naturally answer him:—Wonder not, O stranger; this + is our custom, and you may very likely have some other custom about the + same things. Now we are speaking, my friends, not about men in general, + but about the merits and defects of the lawgivers themselves. Let us then + discourse a little more at length about intoxication, which is a very + important subject, and will seriously task the discrimination of the + legislator. I am not speaking of drinking, or not drinking, wine at all, + but of intoxication. Are we to follow the custom of the Scythians, and + Persians, and Carthaginians, and Celts, and Iberians, and Thracians, who + are all warlike nations, or that of your countrymen, for they, as you say, + altogether abstain? But the Scythians and Thracians, both men and women, + drink unmixed wine, which they pour on their garments, and this they think + a happy and glorious institution. The Persians, again, are much given to + other practices of luxury which you reject, but they have more moderation + in them than the Thracians and Scythians. + </p> + <p> + MEGILLUS: O best of men, we have only to take arms into our hands, and we + send all these nations flying before us. + </p> + <p> + ATHENIAN: Nay, my good friend, do not say that; there have been, as there + always will be, flights and pursuits of which no account can be given, and + therefore we cannot say that victory or defeat in battle affords more than + a doubtful proof of the goodness or badness of institutions. For when the + greater states conquer and enslave the lesser, as the Syracusans have done + the Locrians, who appear to be the best-governed people in their part of + the world, or as the Athenians have done the Ceans (and there are ten + thousand other instances of the same sort of thing), all this is not to + the point; let us endeavour rather to form a conclusion about each + institution in itself and say nothing, at present, of victories and + defeats. Let us only say that such and such a custom is honourable, and + another not. And first permit me to tell you how good and bad are to be + estimated in reference to these very matters. + </p> + <p> + MEGILLUS: How do you mean? + </p> + <p> + ATHENIAN: All those who are ready at a moment's notice to praise or + censure any practice which is matter of discussion, seem to me to proceed + in a wrong way. Let me give you an illustration of what I mean:—You + may suppose a person to be praising wheat as a good kind of food, + whereupon another person instantly blames wheat, without ever enquiring + into its effect or use, or in what way, or to whom, or with what, or in + what state and how, wheat is to be given. And that is just what we are + doing in this discussion. At the very mention of the word intoxication, + one side is ready with their praises and the other with their censures; + which is absurd. For either side adduce their witnesses and approvers, and + some of us think that we speak with authority because we have many + witnesses; and others because they see those who abstain conquering in + battle, and this again is disputed by us. Now I cannot say that I shall be + satisfied, if we go on discussing each of the remaining laws in the same + way. And about this very point of intoxication I should like to speak in + another way, which I hold to be the right one; for if number is to be the + criterion, are there not myriads upon myriads of nations ready to dispute + the point with you, who are only two cities? + </p> + <p> + MEGILLUS: I shall gladly welcome any method of enquiry which is right. + </p> + <p> + ATHENIAN: Let me put the matter thus:—Suppose a person to praise the + keeping of goats, and the creatures themselves as capital things to have, + and then some one who had seen goats feeding without a goatherd in + cultivated spots, and doing mischief, were to censure a goat or any other + animal who has no keeper, or a bad keeper, would there be any sense or + justice in such censure? + </p> + <p> + MEGILLUS: Certainly not. + </p> + <p> + ATHENIAN: Does a captain require only to have nautical knowledge in order + to be a good captain, whether he is sea-sick or not? What do you say? + </p> + <p> + MEGILLUS: I say that he is not a good captain if, although he have + nautical skill, he is liable to sea-sickness. + </p> + <p> + ATHENIAN: And what would you say of the commander of an army? Will he be + able to command merely because he has military skill if he be a coward, + who, when danger comes, is sick and drunk with fear? + </p> + <p> + MEGILLUS: Impossible. + </p> + <p> + ATHENIAN: And what if besides being a coward he has no skill? + </p> + <p> + MEGILLUS: He is a miserable fellow, not fit to be a commander of men, but + only of old women. + </p> + <p> + ATHENIAN: And what would you say of some one who blames or praises any + sort of meeting which is intended by nature to have a ruler, and is well + enough when under his presidency? The critic, however, has never seen the + society meeting together at an orderly feast under the control of a + president, but always without a ruler or with a bad one:—when + observers of this class praise or blame such meetings, are we to suppose + that what they say is of any value? + </p> + <p> + MEGILLUS: Certainly not, if they have never seen or been present at such a + meeting when rightly ordered. + </p> + <p> + ATHENIAN: Reflect; may not banqueters and banquets be said to constitute a + kind of meeting? + </p> + <p> + MEGILLUS: Of course. + </p> + <p> + ATHENIAN: And did any one ever see this sort of convivial meeting rightly + ordered? Of course you two will answer that you have never seen them at + all, because they are not customary or lawful in your country; but I have + come across many of them in many different places, and moreover I have + made enquiries about them wherever I went, as I may say, and never did I + see or hear of anything of the kind which was carried on altogether + rightly; in some few particulars they might be right, but in general they + were utterly wrong. + </p> + <p> + CLEINIAS: What do you mean, Stranger, by this remark? Explain. For we, as + you say, from our inexperience in such matters, might very likely not + know, even if they came in our way, what was right or wrong in such + societies. + </p> + <p> + ATHENIAN: Likely enough; then let me try to be your instructor: You would + acknowledge, would you not, that in all gatherings of mankind, of whatever + sort, there ought to be a leader? + </p> + <p> + CLEINIAS: Certainly I should. + </p> + <p> + ATHENIAN: And we were saying just now, that when men are at war the leader + ought to be a brave man? + </p> + <p> + CLEINIAS: We were. + </p> + <p> + ATHENIAN: The brave man is less likely than the coward to be disturbed by + fears? + </p> + <p> + CLEINIAS: That again is true. + </p> + <p> + ATHENIAN: And if there were a possibility of having a general of an army + who was absolutely fearless and imperturbable, should we not by all means + appoint him? + </p> + <p> + CLEINIAS: Assuredly. + </p> + <p> + ATHENIAN: Now, however, we are speaking not of a general who is to command + an army, when foe meets foe in time of war, but of one who is to regulate + meetings of another sort, when friend meets friend in time of peace. + </p> + <p> + CLEINIAS: True. + </p> + <p> + ATHENIAN: And that sort of meeting, if attended with drunkenness, is apt + to be unquiet. + </p> + <p> + CLEINIAS: Certainly; the reverse of quiet. + </p> + <p> + ATHENIAN: In the first place, then, the revellers as well as the soldiers + will require a ruler? + </p> + <p> + CLEINIAS: To be sure; no men more so. + </p> + <p> + ATHENIAN: And we ought, if possible, to provide them with a quiet ruler? + </p> + <p> + CLEINIAS: Of course. + </p> + <p> + ATHENIAN: And he should be a man who understands society; for his duty is + to preserve the friendly feelings which exist among the company at the + time, and to increase them for the future by his use of the occasion. + </p> + <p> + CLEINIAS: Very true. + </p> + <p> + ATHENIAN: Must we not appoint a sober man and a wise to be our master of + the revels? For if the ruler of drinkers be himself young and drunken, and + not over-wise, only by some special good fortune will he be saved from + doing some great evil. + </p> + <p> + CLEINIAS: It will be by a singular good fortune that he is saved. + </p> + <p> + ATHENIAN: Now suppose such associations to be framed in the best way + possible in states, and that some one blames the very fact of their + existence—he may very likely be right. But if he blames a practice + which he only sees very much mismanaged, he shows in the first place that + he is not aware of the mismanagement, and also not aware that everything + done in this way will turn out to be wrong, because done without the + superintendence of a sober ruler. Do you not see that a drunken pilot or a + drunken ruler of any sort will ruin ship, chariot, army—anything, in + short, of which he has the direction? + </p> + <p> + CLEINIAS: The last remark is very true, Stranger; and I see quite clearly + the advantage of an army having a good leader—he will give victory + in war to his followers, which is a very great advantage; and so of other + things. But I do not see any similar advantage which either individuals or + states gain from the good management of a feast; and I want you to tell me + what great good will be effected, supposing that this drinking ordinance + is duly established. + </p> + <p> + ATHENIAN: If you mean to ask what great good accrues to the state from the + right training of a single youth, or of a single chorus—when the + question is put in that form, we cannot deny that the good is not very + great in any particular instance. But if you ask what is the good of + education in general, the answer is easy—that education makes good + men, and that good men act nobly, and conquer their enemies in battle, + because they are good. Education certainly gives victory, although victory + sometimes produces forgetfulness of education; for many have grown + insolent from victory in war, and this insolence has engendered in them + innumerable evils; and many a victory has been and will be suicidal to the + victors; but education is never suicidal. + </p> + <p> + CLEINIAS: You seem to imply, my friend, that convivial meetings, when + rightly ordered, are an important element of education. + </p> + <p> + ATHENIAN: Certainly I do. + </p> + <p> + CLEINIAS: And can you show that what you have been saying is true? + </p> + <p> + ATHENIAN: To be absolutely sure of the truth of matters concerning which + there are many opinions, is an attribute of the Gods not given to man, + Stranger; but I shall be very happy to tell you what I think, especially + as we are now proposing to enter on a discussion concerning laws and + constitutions. + </p> + <p> + CLEINIAS: Your opinion, Stranger, about the questions which are now being + raised, is precisely what we want to hear. + </p> + <p> + ATHENIAN: Very good; I will try to find a way of explaining my meaning, + and you shall try to have the gift of understanding me. But first let me + make an apology. The Athenian citizen is reputed among all the Hellenes to + be a great talker, whereas Sparta is renowned for brevity, and the Cretans + have more wit than words. Now I am afraid of appearing to elicit a very + long discourse out of very small materials. For drinking indeed may appear + to be a slight matter, and yet is one which cannot be rightly ordered + according to nature, without correct principles of music; these are + </p> + <p> + necessary to any clear or satisfactory treatment of the subject, and music + again runs up into education generally, and there is much to be said about + all this. What would you say then to leaving these matters for the + present, and passing on to some other question of law? + </p> + <p> + MEGILLUS: O Athenian Stranger, let me tell you what perhaps you do not + know, that our family is the proxenus of your state. I imagine that from + their earliest youth all boys, when they are told that they are the + proxeni of a particular state, feel kindly towards their second country; + and this has certainly been my own feeling. I can well remember from the + days of my boyhood, how, when any Lacedaemonians praised or blamed the + Athenians, they used to say to me,—'See, Megillus, how ill or how + well,' as the case might be, 'has your state treated us'; and having + always had to fight your battles against detractors when I heard you + assailed, I became warmly attached to you. And I always like to hear the + Athenian tongue spoken; the common saying is quite true, that a good + Athenian is more than ordinarily good, for he is the only man who is + freely and genuinely good by the divine inspiration of his own nature, and + is not manufactured. Therefore be assured that I shall like to hear you + say whatever you have to say. + </p> + <p> + CLEINIAS: Yes, Stranger; and when you have heard me speak, say boldly what + is in your thoughts. Let me remind you of a tie which unites you to Crete. + You must have heard here the story of the prophet Epimenides, who was of + my family, and came to Athens ten years before the Persian war, in + accordance with the response of the Oracle, and offered certain sacrifices + which the God commanded. The Athenians were at that time in dread of the + Persian invasion; and he said that for ten years they would not come, and + that when they came, they would go away again without accomplishing any of + their objects, and would suffer more evil than they inflicted. At that + time my forefathers formed ties of hospitality with you; thus ancient is + the friendship which I and my parents have had for you. + </p> + <p> + ATHENIAN: You seem to be quite ready to listen; and I am also ready to + perform as much as I can of an almost impossible task, which I will + nevertheless attempt. At the outset of the discussion, let me define the + nature and power of education; for this is the way by which our argument + must travel onwards to the God Dionysus. + </p> + <p> + CLEINIAS: Let us proceed, if you please. + </p> + <p> + ATHENIAN: Well, then, if I tell you what are my notions of education, will + you consider whether they satisfy you? + </p> + <p> + CLEINIAS: Let us hear. + </p> + <p> + ATHENIAN: According to my view, any one who would be good at anything must + practise that thing from his youth upwards, both in sport and earnest, in + its several branches: for example, he who is to be a good builder, should + play at building children's houses; he who is to be a good husbandman, at + tilling the ground; and those who have the care of their education should + provide them when young with mimic tools. They should learn beforehand the + knowledge which they will afterwards require for their art. For example, + the future carpenter should learn to measure or apply the line in play; + and the future warrior should learn riding, or some other exercise, for + amusement, and the teacher should endeavour to direct the children's + inclinations and pleasures, by the help of amusements, to their final aim + in life. The most important part of education is right training in the + nursery. The soul of the child in his play should be guided to the love of + that sort of excellence in which when he grows up to manhood he will have + to be perfected. Do you agree with me thus far? + </p> + <p> + CLEINIAS: Certainly. + </p> + <p> + ATHENIAN: Then let us not leave the meaning of education ambiguous or + ill-defined. At present, when we speak in terms of praise or blame about + the bringing-up of each person, we call one man educated and another + uneducated, although the uneducated man may be sometimes very well + educated for the calling of a retail trader, or of a captain of a ship, + and the like. For we are not speaking of education in this narrower sense, + but of that other education in virtue from youth upwards, which makes a + man eagerly pursue the ideal perfection of citizenship, and teaches him + how rightly to rule and how to obey. This is the only education which, + upon our view, deserves the name; that other sort of training, which aims + at the acquisition of wealth or bodily strength, or mere cleverness apart + from intelligence and justice, is mean and illiberal, and is not worthy to + be called education at all. But let us not quarrel with one another about + a word, provided that the proposition which has just been granted hold + good: to wit, that those who are rightly educated generally become good + men. Neither must we cast a slight upon education, which is the first and + fairest thing that the best of men can ever have, and which, though liable + to take a wrong direction, is capable of reformation. And this work of + reformation is the great business of every man while he lives. + </p> + <p> + CLEINIAS: Very true; and we entirely agree with you. + </p> + <p> + ATHENIAN: And we agreed before that they are good men who are able to rule + themselves, and bad men who are not. + </p> + <p> + CLEINIAS: You are quite right. + </p> + <p> + ATHENIAN: Let me now proceed, if I can, to clear up the subject a little + further by an illustration which I will offer you. + </p> + <p> + CLEINIAS: Proceed. + </p> + <p> + ATHENIAN: Do we not consider each of ourselves to be one? + </p> + <p> + CLEINIAS: We do. + </p> + <p> + ATHENIAN: And each one of us has in his bosom two counsellors, both + foolish and also antagonistic; of which we call the one pleasure, and the + other pain. + </p> + <p> + CLEINIAS: Exactly. + </p> + <p> + ATHENIAN: Also there are opinions about the future, which have the general + name of expectations; and the specific name of fear, when the expectation + is of pain; and of hope, when of pleasure; and further, there is + reflection about the good or evil of them, and this, when embodied in a + decree by the State, is called Law. + </p> + <p> + CLEINIAS: I am hardly able to follow you; proceed, however, as if I were. + </p> + <p> + MEGILLUS: I am in the like case. + </p> + <p> + ATHENIAN: Let us look at the matter thus: May we not conceive each of us + living beings to be a puppet of the Gods, either their plaything only, or + created with a purpose—which of the two we cannot certainly know? + But we do know, that these affections in us are like cords and strings, + which pull us different and opposite ways, and to opposite actions; and + herein lies the difference between virtue and vice. According to the + argument there is one among these cords which every man ought to grasp and + never let go, but to pull with it against all the rest; and this is the + sacred and golden cord of reason, called by us the common law of the + State; there are others which are hard and of iron, but this one is soft + because golden; and there are several other kinds. Now we ought always to + cooperate with the lead of the best, which is law. For inasmuch as reason + is beautiful and gentle, and not violent, her rule must needs have + ministers in order to help the golden principle in vanquishing the other + principles. And thus the moral of the tale about our being puppets will + not have been lost, and the meaning of the expression 'superior or + inferior to a man's self' will become clearer; and the individual, + attaining to right reason in this matter of pulling the strings of the + puppet, should live according to its rule; while the city, receiving the + same from some god or from one who has knowledge of these things, should + embody it in a law, to be her guide in her dealings with herself and with + other states. In this way virtue and vice will be more clearly + distinguished by us. And when they have become clearer, education and + other institutions will in like manner become clearer; and in particular + that question of convivial entertainment, which may seem, perhaps, to have + been a very trifling matter, and to have taken a great many more words + than were necessary. + </p> + <p> + CLEINIAS: Perhaps, however, the theme may turn out not to be unworthy of + the length of discourse. + </p> + <p> + ATHENIAN: Very good; let us proceed with any enquiry which really bears on + our present object. + </p> + <p> + CLEINIAS: Proceed. + </p> + <p> + ATHENIAN: Suppose that we give this puppet of ours drink,—what will + be the effect on him? + </p> + <p> + CLEINIAS: Having what in view do you ask that question? + </p> + <p> + ATHENIAN: Nothing as yet; but I ask generally, when the puppet is brought + to the drink, what sort of result is likely to follow. I will endeavour to + explain my meaning more clearly: what I am now asking is this—Does + the drinking of wine heighten and increase pleasures and pains, and + passions and loves? + </p> + <p> + CLEINIAS: Very greatly. + </p> + <p> + ATHENIAN: And are perception and memory, and opinion and prudence, + heightened and increased? Do not these qualities entirely desert a man if + he becomes saturated with drink? + </p> + <p> + CLEINIAS: Yes, they entirely desert him. + </p> + <p> + ATHENIAN: Does he not return to the state of soul in which he was when a + young child? + </p> + <p> + CLEINIAS: He does. + </p> + <p> + ATHENIAN: Then at that time he will have the least control over himself? + </p> + <p> + CLEINIAS: The least. + </p> + <p> + ATHENIAN: And will he not be in a most wretched plight? + </p> + <p> + CLEINIAS: Most wretched. + </p> + <p> + ATHENIAN: Then not only an old man but also a drunkard becomes a second + time a child? + </p> + <p> + CLEINIAS: Well said, Stranger. + </p> + <p> + ATHENIAN: Is there any argument which will prove to us that we ought to + encourage the taste for drinking instead of doing all we can to avoid it? + </p> + <p> + CLEINIAS: I suppose that there is; you at any rate, were just now saying + that you were ready to maintain such a doctrine. + </p> + <p> + ATHENIAN: True, I was; and I am ready still, seeing that you have both + declared that you are anxious to hear me. + </p> + <p> + CLEINIAS: To be sure we are, if only for the strangeness of the paradox, + which asserts that a man ought of his own accord to plunge into utter + degradation. + </p> + <p> + ATHENIAN: Are you speaking of the soul? + </p> + <p> + CLEINIAS: Yes. + </p> + <p> + ATHENIAN: And what would you say about the body, my friend? Are you not + surprised at any one of his own accord bringing upon himself deformity, + leanness, ugliness, decrepitude? + </p> + <p> + CLEINIAS: Certainly. + </p> + <p> + ATHENIAN: Yet when a man goes of his own accord to a doctor's shop, and + takes medicine, is he not aware that soon, and for many days afterwards, + he will be in a state of body which he would die rather than accept as the + permanent condition of his life? Are not those who train in gymnasia, at + first beginning reduced to a state of weakness? + </p> + <p> + CLEINIAS: Yes, all that is well known. + </p> + <p> + ATHENIAN: Also that they go of their own accord for the sake of the + subsequent benefit? + </p> + <p> + CLEINIAS: Very good. + </p> + <p> + ATHENIAN: And we may conceive this to be true in the same way of other + practices? + </p> + <p> + CLEINIAS: Certainly. + </p> + <p> + ATHENIAN: And the same view may be taken of the pastime of drinking wine, + if we are right in supposing that the same good effect follows? + </p> + <p> + CLEINIAS: To be sure. + </p> + <p> + ATHENIAN: If such convivialities should turn out to have any advantage + equal in importance to that of gymnastic, they are in their very nature to + be preferred to mere bodily exercise, inasmuch as they have no + accompaniment of pain. + </p> + <p> + CLEINIAS: True; but I hardly think that we shall be able to discover any + such benefits to be derived from them. + </p> + <p> + ATHENIAN: That is just what we must endeavour to show. And let me ask you + a question:—Do we not distinguish two kinds of fear, which are very + different? + </p> + <p> + CLEINIAS: What are they? + </p> + <p> + ATHENIAN: There is the fear of expected evil. + </p> + <p> + CLEINIAS: Yes. + </p> + <p> + ATHENIAN: And there is the fear of an evil reputation; we are afraid of + being thought evil, because we do or say some dishonourable thing, which + fear we and all men term shame. + </p> + <p> + CLEINIAS: Certainly. + </p> + <p> + ATHENIAN: These are the two fears, as I called them; one of which is the + opposite of pain and other fears, and the opposite also of the greatest + and most numerous sort of pleasures. + </p> + <p> + CLEINIAS: Very true. + </p> + <p> + ATHENIAN: And does not the legislator and every one who is good for + anything, hold this fear in the greatest honour? This is what he terms + reverence, and the confidence which is the reverse of this he terms + insolence; and the latter he always deems to be a very great evil both to + individuals and to states. + </p> + <p> + CLEINIAS: True. + </p> + <p> + ATHENIAN: Does not this kind of fear preserve us in many important ways? + What is there which so surely gives victory and safety in war? For there + are two things which give victory—confidence before enemies, and + fear of disgrace before friends. + </p> + <p> + CLEINIAS: There are. + </p> + <p> + ATHENIAN: Then each of us should be fearless and also fearful; and why we + should be either has now been determined. + </p> + <p> + CLEINIAS: Certainly. + </p> + <p> + ATHENIAN: And when we want to make any one fearless, we and the law bring + him face to face with many fears. + </p> + <p> + CLEINIAS: Clearly. + </p> + <p> + ATHENIAN: And when we want to make him rightly fearful, must we not + introduce him to shameless pleasures, and train him to take up arms + against them, and to overcome them? Or does this principle apply to + courage only, and must he who would be perfect in valour fight against and + overcome his own natural character,—since if he be unpractised and + inexperienced in such conflicts, he will not be half the man which he + might have been,—and are we to suppose, that with temperance it is + otherwise, and that he who has never fought with the shameless and + unrighteous temptations of his pleasures and lusts, and conquered them, in + earnest and in play, by word, deed, and act, will still be perfectly + temperate? + </p> + <p> + CLEINIAS: A most unlikely supposition. + </p> + <p> + ATHENIAN: Suppose that some God had given a fear-potion to men, and that + the more a man drank of this the more he regarded himself at every draught + as a child of misfortune, and that he feared everything happening or about + to happen to him; and that at last the most courageous of men utterly lost + his presence of mind for a time, and only came to himself again when he + had slept off the influence of the draught. + </p> + <p> + CLEINIAS: But has such a draught, Stranger, ever really been known among + men? + </p> + <p> + ATHENIAN: No; but, if there had been, might not such a draught have been + of use to the legislator as a test of courage? Might we not go and say to + him, 'O legislator, whether you are legislating for the Cretan, or for any + other state, would you not like to have a touchstone of the courage and + cowardice of your citizens?' + </p> + <p> + CLEINIAS: 'I should,' will be the answer of every one. + </p> + <p> + ATHENIAN: 'And you would rather have a touchstone in which there is no + risk and no great danger than the reverse?' + </p> + <p> + CLEINIAS: In that proposition every one may safely agree. + </p> + <p> + ATHENIAN: 'And in order to make use of the draught, you would lead them + amid these imaginary terrors, and prove them, when the affection of fear + was working upon them, and compel them to be fearless, exhorting and + admonishing them; and also honouring them, but dishonouring any one who + will not be persuaded by you to be in all respects such as you command + him; and if he underwent the trial well and manfully, you would let him go + unscathed; but if ill, you would inflict a punishment upon him? Or would + you abstain from using the potion altogether, although you have no reason + for abstaining?' + </p> + <p> + CLEINIAS: He would be certain, Stranger, to use the potion. + </p> + <p> + ATHENIAN: This would be a mode of testing and training which would be + wonderfully easy in comparison with those now in use, and might be applied + to a single person, or to a few, or indeed to any number; and he would do + well who provided himself with the potion only, rather than with any + number of other things, whether he preferred to be by himself in solitude, + and there contend with his fears, because he was ashamed to be seen by the + eye of man until he was perfect; or trusting to the force of his own + nature and habits, and believing that he had been already disciplined + sufficiently, he did not hesitate to train himself in company with any + number of others, and display his power in conquering the irresistible + change effected by the draught—his virtue being such, that he never + in any instance fell into any great unseemliness, but was always himself, + and left off before he arrived at the last cup, fearing that he, like all + other men, might be overcome by the potion. + </p> + <p> + CLEINIAS: Yes, Stranger, in that last case, too, he might equally show his + self-control. + </p> + <p> + ATHENIAN: Let us return to the lawgiver, and say to him:—'Well, + lawgiver, there is certainly no such fear-potion which man has either + received from the Gods or himself discovered; for witchcraft has no place + at our board. But is there any potion which might serve as a test of + overboldness and excessive and indiscreet boasting? + </p> + <p> + CLEINIAS: I suppose that he will say, Yes,—meaning that wine is such + a potion. + </p> + <p> + ATHENIAN: Is not the effect of this quite the opposite of the effect of + the other? When a man drinks wine he begins to be better pleased with + himself, and the more he drinks the more he is filled full of brave hopes, + and conceit of his power, and at last the string of his tongue is + loosened, and fancying himself wise, he is brimming over with lawlessness, + and has no more fear or respect, and is ready to do or say anything. + </p> + <p> + CLEINIAS: I think that every one will admit the truth of your description. + </p> + <p> + MEGILLUS: Certainly. + </p> + <p> + ATHENIAN: Now, let us remember, as we were saying, that there are two + things which should be cultivated in the soul: first, the greatest + courage; secondly, the greatest fear— + </p> + <p> + CLEINIAS: Which you said to be characteristic of reverence, if I am not + mistaken. + </p> + <p> + ATHENIAN: Thank you for reminding me. But now, as the habit of courage and + fearlessness is to be trained amid fears, let us consider whether the + opposite quality is not also to be trained among opposites. + </p> + <p> + CLEINIAS: That is probably the case. + </p> + <p> + ATHENIAN: There are times and seasons at which we are by nature more than + commonly valiant and bold; now we ought to train ourselves on these + occasions to be as free from impudence and shamelessness as possible, and + to be afraid to say or suffer or do anything that is base. + </p> + <p> + CLEINIAS: True. + </p> + <p> + ATHENIAN: Are not the moments in which we are apt to be bold and shameless + such as these?—when we are under the influence of anger, love, + pride, ignorance, avarice, cowardice? or when wealth, beauty, strength, + and all the intoxicating workings of pleasure madden us? What is better + adapted than the festive use of wine, in the first place to test, and in + the second place to train the character of a man, if care be taken in the + use of it? What is there cheaper, or more innocent? For do but consider + which is the greater risk:—Would you rather test a man of a morose + and savage nature, which is the source of ten thousand acts of injustice, + by making bargains with him at a risk to yourself, or by having him as a + companion at the festival of Dionysus? Or would you, if you wanted to + apply a touchstone to a man who is prone to love, entrust your wife, or + your sons, or daughters to him, perilling your dearest interests in order + to have a view of the condition of his soul? I might mention numberless + cases, in which the advantage would be manifest of getting to know a + character in sport, and without paying dearly for experience. And I do not + believe that either a Cretan, or any other man, will doubt that such a + test is a fair test, and safer, cheaper, and speedier than any other. + </p> + <p> + CLEINIAS: That is certainly true. + </p> + <p> + ATHENIAN: And this knowledge of the natures and habits of men's souls will + be of the greatest use in that art which has the management of them; and + that art, if I am not mistaken, is politics. + </p> + <p> + CLEINIAS: Exactly so. + </p> + <p> + <a name="link2H_4_0005" id="link2H_4_0005"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + BOOK II. + </h2> + <p> + ATHENIAN: And now we have to consider whether the insight into human + nature is the only benefit derived from well-ordered potations, or whether + there are not other advantages great and much to be desired. The argument + seems to imply that there are. But how and in what way these are to be + attained, will have to be considered attentively, or we may be entangled + in error. + </p> + <p> + CLEINIAS: Proceed. + </p> + <p> + ATHENIAN: Let me once more recall our doctrine of right education; which, + if I am not mistaken, depends on the due regulation of convivial + intercourse. + </p> + <p> + CLEINIAS: You talk rather grandly. + </p> + <p> + ATHENIAN: Pleasure and pain I maintain to be the first perceptions of + children, and I say that they are the forms under which virtue and vice + are originally present to them. As to wisdom and true and fixed opinions, + happy is the man who acquires them, even when declining in years; and we + may say that he who possesses them, and the blessings which are contained + in them, is a perfect man. Now I mean by education that training which is + given by suitable habits to the first instincts of virtue in children;—when + pleasure, and friendship, and pain, and hatred, are rightly implanted in + souls not yet capable of understanding the nature of them, and who find + them, after they have attained reason, to be in harmony with her. This + harmony of the soul, taken as a whole, is virtue; but the particular + training in respect of pleasure and pain, which leads you always to hate + what you ought to hate, and love what you ought to love from the beginning + of life to the end, may be separated off; and, in my view, will be rightly + called education. + </p> + <p> + CLEINIAS: I think, Stranger, that you are quite right in all that you have + said and are saying about education. + </p> + <p> + ATHENIAN: I am glad to hear that you agree with me; for, indeed, the + discipline of pleasure and pain which, when rightly ordered, is a + principle of education, has been often relaxed and corrupted in human + life. And the Gods, pitying the toils which our race is born to undergo, + have appointed holy festivals, wherein men alternate rest with labour; and + have given them the Muses and Apollo, the leader of the Muses, and + Dionysus, to be companions in their revels, that they may improve their + education by taking part in the festivals of the Gods, and with their + help. I should like to know whether a common saying is in our opinion true + to nature or not. For men say that the young of all creatures cannot be + quiet in their bodies or in their voices; they are always wanting to move + and cry out; some leaping and skipping, and overflowing with sportiveness + and delight at something, others uttering all sorts of cries. But, whereas + the animals have no perception of order or disorder in their movements, + that is, of rhythm or harmony, as they are called, to us, the Gods, who, + as we say, have been appointed to be our companions in the dance, have + given the pleasurable sense of harmony and rhythm; and so they stir us + into life, and we follow them, joining hands together in dances and songs; + and these they call choruses, which is a term naturally expressive of + cheerfulness. Shall we begin, then, with the acknowledgment that education + is first given through Apollo and the Muses? What do you say? + </p> + <p> + CLEINIAS: I assent. + </p> + <p> + ATHENIAN: And the uneducated is he who has not been trained in the chorus, + and the educated is he who has been well trained? + </p> + <p> + CLEINIAS: Certainly. + </p> + <p> + ATHENIAN: And the chorus is made up of two parts, dance and song? + </p> + <p> + CLEINIAS: True. + </p> + <p> + ATHENIAN: Then he who is well educated will be able to sing and dance + well? + </p> + <p> + CLEINIAS: I suppose that he will. + </p> + <p> + ATHENIAN: Let us see; what are we saying? + </p> + <p> + CLEINIAS: What? + </p> + <p> + ATHENIAN: He sings well and dances well; now must we add that he sings + what is good and dances what is good? + </p> + <p> + CLEINIAS: Let us make the addition. + </p> + <p> + ATHENIAN: We will suppose that he knows the good to be good, and the bad + to be bad, and makes use of them accordingly: which now is the better + trained in dancing and music—he who is able to move his body and to + use his voice in what is understood to be the right manner, but has no + delight in good or hatred of evil; or he who is incorrect in gesture and + voice, but is right in his sense of pleasure and pain, and welcomes what + is good, and is offended at what is evil? + </p> + <p> + CLEINIAS: There is a great difference, Stranger, in the two kinds of + education. + </p> + <p> + ATHENIAN: If we three know what is good in song and dance, then we truly + know also who is educated and who is uneducated; but if not, then we + certainly shall not know wherein lies the safeguard of education, and + whether there is any or not. + </p> + <p> + CLEINIAS: True. + </p> + <p> + ATHENIAN: Let us follow the scent like hounds, and go in pursuit of beauty + of figure, and melody, and song, and dance; if these escape us, there will + be no use in talking about true education, whether Hellenic or barbarian. + </p> + <p> + CLEINIAS: Yes. + </p> + <p> + ATHENIAN: And what is beauty of figure, or beautiful melody? When a manly + soul is in trouble, and when a cowardly soul is in similar case, are they + likely to use the same figures and gestures, or to give utterance to the + same sounds? + </p> + <p> + CLEINIAS: How can they, when the very colours of their faces differ? + </p> + <p> + ATHENIAN: Good, my friend; I may observe, however, in passing, that in + music there certainly are figures and there are melodies: and music is + concerned with harmony and rhythm, so that you may speak of a melody or + figure having good rhythm or good harmony—the term is correct + enough; but to speak metaphorically of a melody or figure having a 'good + colour,' as the masters of choruses do, is not allowable, although you can + speak of the melodies or figures of the brave and the coward, praising the + one and censuring the other. And not to be tedious, let us say that the + figures and melodies which are expressive of virtue of soul or body, or of + images of virtue, are without exception good, and those which are + expressive of vice are the reverse of good. + </p> + <p> + CLEINIAS: Your suggestion is excellent; and let us answer that these + things are so. + </p> + <p> + ATHENIAN: Once more, are all of us equally delighted with every sort of + dance? + </p> + <p> + CLEINIAS: Far otherwise. + </p> + <p> + ATHENIAN: What, then, leads us astray? Are beautiful things not the same + to us all, or are they the same in themselves, but not in our opinion of + them? For no one will admit that forms of vice in the dance are more + beautiful than forms of virtue, or that he himself delights in the forms + of vice, and others in a muse of another character. And yet most persons + say, that the excellence of music is to give pleasure to our souls. But + this is intolerable and blasphemous; there is, however, a much more + plausible account of the delusion. + </p> + <p> + CLEINIAS: What? + </p> + <p> + ATHENIAN: The adaptation of art to the characters of men. Choric movements + are imitations of manners occurring in various actions, fortunes, + dispositions,—each particular is imitated, and those to whom the + words, or songs, or dances are suited, either by nature or habit or both, + cannot help feeling pleasure in them and applauding them, and calling them + beautiful. But those whose natures, or ways, or habits are unsuited to + them, cannot delight in them or applaud them, and they call them base. + There are others, again, whose natures are right and their habits wrong, + or whose habits are right and their natures wrong, and they praise one + thing, but are pleased at another. For they say that all these imitations + are pleasant, but not good. And in the presence of those whom they think + wise, they are ashamed of dancing and singing in the baser manner, or of + deliberately lending any countenance to such proceedings; and yet, they + have a secret pleasure in them. + </p> + <p> + CLEINIAS: Very true. + </p> + <p> + ATHENIAN: And is any harm done to the lover of vicious dances or songs, or + any good done to the approver of the opposite sort of pleasure? + </p> + <p> + CLEINIAS: I think that there is. + </p> + <p> + ATHENIAN: 'I think' is not the word, but I would say, rather, 'I am + certain.' For must they not have the same effect as when a man associates + with bad characters, whom he likes and approves rather than dislikes, and + only censures playfully because he has a suspicion of his own badness? In + that case, he who takes pleasure in them will surely become like those in + whom he takes pleasure, even though he be ashamed to praise them. And what + greater good or evil can any destiny ever make us undergo? + </p> + <p> + CLEINIAS: I know of none. + </p> + <p> + ATHENIAN: Then in a city which has good laws, or in future ages is to have + them, bearing in mind the instruction and amusement which are given by + music, can we suppose that the poets are to be allowed to teach in the + dance anything which they themselves like, in the way of rhythm, or + melody, or words, to the young children of any well-conditioned parents? + Is the poet to train his choruses as he pleases, without reference to + virtue or vice? + </p> + <p> + CLEINIAS: That is surely quite unreasonable, and is not to be thought of. + </p> + <p> + ATHENIAN: And yet he may do this in almost any state with the exception of + Egypt. + </p> + <p> + CLEINIAS: And what are the laws about music and dancing in Egypt? + </p> + <p> + ATHENIAN: You will wonder when I tell you: Long ago they appear to have + recognized the very principle of which we are now speaking—that + their young citizens must be habituated to forms and strains of virtue. + These they fixed, and exhibited the patterns of them in their temples; and + no painter or artist is allowed to innovate upon them, or to leave the + traditional forms and invent new ones. To this day, no alteration is + allowed either in these arts, or in music at all. And you will find that + their works of art are painted or moulded in the same forms which they had + ten thousand years ago;—this is literally true and no exaggeration,—their + ancient paintings and sculptures are not a whit better or worse than the + work of to-day, but are made with just the same skill. + </p> + <p> + CLEINIAS: How extraordinary! + </p> + <p> + ATHENIAN: I should rather say, How statesmanlike, how worthy of a + legislator! I know that other things in Egypt are not so well. But what I + am telling you about music is true and deserving of consideration, because + showing that a lawgiver may institute melodies which have a natural truth + and correctness without any fear of failure. To do this, however, must be + the work of God, or of a divine person; in Egypt they have a tradition + that their ancient chants which have been preserved for so many ages are + the composition of the Goddess Isis. And therefore, as I was saying, if a + person can only find in any way the natural melodies, he may confidently + embody them in a fixed and legal form. For the love of novelty which + arises out of pleasure in the new and weariness of the old, has not + strength enough to corrupt the consecrated song and dance, under the plea + that they have become antiquated. At any rate, they are far from being + corrupted in Egypt. + </p> + <p> + CLEINIAS: Your arguments seem to prove your point. + </p> + <p> + ATHENIAN: May we not confidently say that the true use of music and of + choral festivities is as follows: We rejoice when we think that we + prosper, and again we think that we prosper when we rejoice? + </p> + <p> + CLEINIAS: Exactly. + </p> + <p> + ATHENIAN: And when rejoicing in our good fortune, we are unable to be + still? + </p> + <p> + CLEINIAS: True. + </p> + <p> + ATHENIAN: Our young men break forth into dancing and singing, and we who + are their elders deem that we are fulfilling our part in life when we look + on at them. Having lost our agility, we delight in their sports and + merry-making, because we love to think of our former selves; and gladly + institute contests for those who are able to awaken in us the memory of + our youth. + </p> + <p> + CLEINIAS: Very true. + </p> + <p> + ATHENIAN: Is it altogether unmeaning to say, as the common people do about + festivals, that he should be adjudged the wisest of men, and the winner of + the palm, who gives us the greatest amount of pleasure and mirth? For on + such occasions, and when mirth is the order of the day, ought not he to be + honoured most, and, as I was saying, bear the palm, who gives most mirth + to the greatest number? Now is this a true way of speaking or of acting? + </p> + <p> + CLEINIAS: Possibly. + </p> + <p> + ATHENIAN: But, my dear friend, let us distinguish between different cases, + and not be hasty in forming a judgment: One way of considering the + question will be to imagine a festival at which there are entertainments + of all sorts, including gymnastic, musical, and equestrian contests: the + citizens are assembled; prizes are offered, and proclamation is made that + any one who likes may enter the lists, and that he is to bear the palm who + gives the most pleasure to the spectators—there is to be no + regulation about the manner how; but he who is most successful in giving + pleasure is to be crowned victor, and deemed to be the pleasantest of the + candidates: What is likely to be the result of such a proclamation? + </p> + <p> + CLEINIAS: In what respect? + </p> + <p> + ATHENIAN: There would be various exhibitions: one man, like Homer, will + exhibit a rhapsody, another a performance on the lute; one will have a + tragedy, and another a comedy. Nor would there be anything astonishing in + some one imagining that he could gain the prize by exhibiting a + puppet-show. Suppose these competitors to meet, and not these only, but + innumerable others as well—can you tell me who ought to be the + victor? + </p> + <p> + CLEINIAS: I do not see how any one can answer you, or pretend to know, + unless he has heard with his own ears the several competitors; the + question is absurd. + </p> + <p> + ATHENIAN: Well, then, if neither of you can answer, shall I answer this + question which you deem so absurd? + </p> + <p> + CLEINIAS: By all means. + </p> + <p> + ATHENIAN: If very small children are to determine the question, they will + decide for the puppet show. + </p> + <p> + CLEINIAS: Of course. + </p> + <p> + ATHENIAN: The older children will be advocates of comedy; educated women, + and young men, and people in general, will favour tragedy. + </p> + <p> + CLEINIAS: Very likely. + </p> + <p> + ATHENIAN: And I believe that we old men would have the greatest pleasure + in hearing a rhapsodist recite well the Iliad and Odyssey, or one of the + Hesiodic poems, and would award the victory to him. But, who would really + be the victor?—that is the question. + </p> + <p> + CLEINIAS: Yes. + </p> + <p> + ATHENIAN: Clearly you and I will have to declare that those whom we old + men adjudge victors ought to win; for our ways are far and away better + than any which at present exist anywhere in the world. + </p> + <p> + CLEINIAS: Certainly. + </p> + <p> + ATHENIAN: Thus far I too should agree with the many, that the excellence + of music is to be measured by pleasure. But the pleasure must not be that + of chance persons; the fairest music is that which delights the best and + best educated, and especially that which delights the one man who is + pre-eminent in virtue and education. And therefore the judges must be men + of character, for they will require both wisdom and courage; the true + judge must not draw his inspiration from the theatre, nor ought he to be + unnerved by the clamour of the many and his own incapacity; nor again, + knowing the truth, ought he through cowardice and unmanliness carelessly + to deliver a lying judgment, with the very same lips which have just + appealed to the Gods before he judged. He is sitting not as the disciple + of the theatre, but, in his proper place, as their instructor, and he + ought to be the enemy of all pandering to the pleasure of the spectators. + The ancient and common custom of Hellas, which still prevails in Italy and + Sicily, did certainly leave the judgment to the body of spectators, who + determined the victor by show of hands. But this custom has been the + destruction of the poets; for they are now in the habit of composing with + a view to please the bad taste of their judges, and the result is that the + spectators instruct themselves;—and also it has been the ruin of the + theatre; they ought to be having characters put before them better than + their own, and so receiving a higher pleasure, but now by their own act + the opposite result follows. What inference is to be drawn from all this? + Shall I tell you? + </p> + <p> + CLEINIAS: What? + </p> + <p> + ATHENIAN: The inference at which we arrive for the third or fourth time + is, that education is the constraining and directing of youth towards that + right reason, which the law affirms, and which the experience of the + eldest and best has agreed to be truly right. In order, then, that the + soul of the child may not be habituated to feel joy and sorrow in a manner + at variance with the law, and those who obey the law, but may rather + follow the law and rejoice and sorrow at the same things as the aged—in + order, I say, to produce this effect, chants appear to have been invented, + which really enchant, and are designed to implant that harmony of which we + speak. And, because the mind of the child is incapable of enduring serious + training, they are called plays and songs, and are performed in play; just + as when men are sick and ailing in their bodies, their attendants give + them wholesome diet in pleasant meats and drinks, but unwholesome diet in + disagreeable things, in order that they may learn, as they ought, to like + the one, and to dislike the other. And similarly the true legislator will + persuade, and, if he cannot persuade, will compel the poet to express, as + he ought, by fair and noble words, in his rhythms, the figures, and in his + melodies, the music of temperate and brave and in every way good men. + </p> + <p> + CLEINIAS: But do you really imagine, Stranger, that this is the way in + which poets generally compose in States at the present day? As far as I + can observe, except among us and among the Lacedaemonians, there are no + regulations like those of which you speak; in other places novelties are + always being introduced in dancing and in music, generally not under the + authority of any law, but at the instigation of lawless pleasures; and + these pleasures are so far from being the same, as you describe the + Egyptian to be, or having the same principles, that they are never the + same. + </p> + <p> + ATHENIAN: Most true, Cleinias; and I daresay that I may have expressed + myself obscurely, and so led you to imagine that I was speaking of some + really existing state of things, whereas I was only saying what + regulations I would like to have about music; and hence there occurred a + misapprehension on your part. For when evils are far gone and + irremediable, the task of censuring them is never pleasant, although at + times necessary. But as we do not really differ, will you let me ask you + whether you consider such institutions to be more prevalent among the + Cretans and Lacedaemonians than among the other Hellenes? + </p> + <p> + CLEINIAS: Certainly they are. + </p> + <p> + ATHENIAN: And if they were extended to the other Hellenes, would it be an + improvement on the present state of things? + </p> + <p> + CLEINIAS: A very great improvement, if the customs which prevail among + them were such as prevail among us and the Lacedaemonians, and such as you + were just now saying ought to prevail. + </p> + <p> + ATHENIAN: Let us see whether we understand one another:—Are not the + principles of education and music which prevail among you as follows: you + compel your poets to say that the good man, if he be temperate and just, + is fortunate and happy; and this whether he be great and strong or small + and weak, and whether he be rich or poor; and, on the other hand, if he + have a wealth passing that of Cinyras or Midas, and be unjust, he is + wretched and lives in misery? As the poet says, and with truth: I sing + not, I care not about him who accomplishes all noble things, not having + justice; let him who 'draws near and stretches out his hand against his + enemies be a just man.' But if he be unjust, I would not have him 'look + calmly upon bloody death,' nor 'surpass in swiftness the Thracian Boreas;' + and let no other thing that is called good ever be his. For the goods of + which the many speak are not really good: first in the catalogue is placed + health, beauty next, wealth third; and then innumerable others, as for + example to have a keen eye or a quick ear, and in general to have all the + senses perfect; or, again, to be a tyrant and do as you like; and the + final consummation of happiness is to have acquired all these things, and + when you have acquired them to become at once immortal. But you and I say, + that while to the just and holy all these things are the best of + possessions, to the unjust they are all, including even health, the + greatest of evils. For in truth, to have sight, and hearing, and the use + of the senses, or to live at all without justice and virtue, even though a + man be rich in all the so-called goods of fortune, is the greatest of + evils, if life be immortal; but not so great, if the bad man lives only a + very short time. These are the truths which, if I am not mistaken, you + will persuade or compel your poets to utter with suitable accompaniments + of harmony and rhythm, and in these they must train up your youth. Am I + not right? For I plainly declare that evils as they are termed are goods + to the unjust, and only evils to the just, and that goods are truly good + to the good, but evil to the evil. Let me ask again, Are you and I agreed + about this? + </p> + <p> + CLEINIAS: I think that we partly agree and partly do not. + </p> + <p> + ATHENIAN: When a man has health and wealth and a tyranny which lasts, and + when he is pre-eminent in strength and courage, and has the gift of + immortality, and none of the so-called evils which counter-balance these + goods, but only the injustice and insolence of his own nature—of + such an one you are, I suspect, unwilling to believe that he is miserable + rather than happy. + </p> + <p> + CLEINIAS: That is quite true. + </p> + <p> + ATHENIAN: Once more: Suppose that he be valiant and strong, and handsome + and rich, and does throughout his whole life whatever he likes, still, if + he be unrighteous and insolent, would not both of you agree that he will + of necessity live basely? You will surely grant so much? + </p> + <p> + CLEINIAS: Certainly. + </p> + <p> + ATHENIAN: And an evil life too? + </p> + <p> + CLEINIAS: I am not equally disposed to grant that. + </p> + <p> + ATHENIAN: Will he not live painfully and to his own disadvantage? + </p> + <p> + CLEINIAS: How can I possibly say so? + </p> + <p> + ATHENIAN: How! Then may Heaven make us to be of one mind, for now we are + of two. To me, dear Cleinias, the truth of what I am saying is as plain as + the fact that Crete is an island. And, if I were a lawgiver, I would try + to make the poets and all the citizens speak in this strain, and I would + inflict the heaviest penalties on any one in all the land who should dare + to say that there are bad men who lead pleasant lives, or that the + profitable and gainful is one thing, and the just another; and there are + many other matters about which I should make my citizens speak in a manner + different from the Cretans and Lacedaemonians of this age, and I may say, + indeed, from the world in general. For tell me, my good friends, by Zeus + and Apollo tell me, if I were to ask these same Gods who were your + legislators,—Is not the most just life also the pleasantest? or are + there two lives, one of which is the justest and the other the + pleasantest?—and they were to reply that there are two; and + thereupon I proceeded to ask, (that would be the right way of pursuing the + enquiry), Which are the happier—those who lead the justest, or those + who lead the pleasantest life? and they replied, Those who lead the + pleasantest—that would be a very strange answer, which I should not + like to put into the mouth of the Gods. The words will come with more + propriety from the lips of fathers and legislators, and therefore I will + repeat my former questions to one of them, and suppose him to say again + that he who leads the pleasantest life is the happiest. And to that I + rejoin:—O my father, did you not wish me to live as happily as + possible? And yet you also never ceased telling me that I should live as + justly as possible. Now, here the giver of the rule, whether he be + legislator or father, will be in a dilemma, and will in vain endeavour to + be consistent with himself. But if he were to declare that the justest + life is also the happiest, every one hearing him would enquire, if I am + not mistaken, what is that good and noble principle in life which the law + approves, and which is superior to pleasure. For what good can the just + man have which is separated from pleasure? Shall we say that glory and + fame, coming from Gods and men, though good and noble, are nevertheless + unpleasant, and infamy pleasant? Certainly not, sweet legislator. Or shall + we say that the not-doing of wrong and there being no wrong done is good + and honourable, although there is no pleasure in it, and that the doing + wrong is pleasant, but evil and base? + </p> + <p> + CLEINIAS: Impossible. + </p> + <p> + ATHENIAN: The view which identifies the pleasant and the pleasant and the + just and the good and the noble has an excellent moral and religious + tendency. And the opposite view is most at variance with the designs of + the legislator, and is, in his opinion, infamous; for no one, if he can + help, will be persuaded to do that which gives him more pain than + pleasure. But as distant prospects are apt to make us dizzy, especially in + childhood, the legislator will try to purge away the darkness and exhibit + the truth; he will persuade the citizens, in some way or other, by customs + and praises and words, that just and unjust are shadows only, and that + injustice, which seems opposed to justice, when contemplated by the unjust + and evil man appears pleasant and the just most unpleasant; but that from + the just man's point of view, the very opposite is the appearance of both + of them. + </p> + <p> + CLEINIAS: True. + </p> + <p> + ATHENIAN: And which may be supposed to be the truer judgment—that of + the inferior or of the better soul? + </p> + <p> + CLEINIAS: Surely, that of the better soul. + </p> + <p> + ATHENIAN: Then the unjust life must not only be more base and depraved, + but also more unpleasant than the just and holy life? + </p> + <p> + CLEINIAS: That seems to be implied in the present argument. + </p> + <p> + ATHENIAN: And even supposing this were otherwise, and not as the argument + has proven, still the lawgiver, who is worth anything, if he ever ventures + to tell a lie to the young for their good, could not invent a more useful + lie than this, or one which will have a better effect in making them do + what is right, not on compulsion but voluntarily. + </p> + <p> + CLEINIAS: Truth, Stranger, is a noble thing and a lasting, but a thing of + which men are hard to be persuaded. + </p> + <p> + ATHENIAN: And yet the story of the Sidonian Cadmus, which is so + improbable, has been readily believed, and also innumerable other tales. + </p> + <p> + CLEINIAS: What is that story? + </p> + <p> + ATHENIAN: The story of armed men springing up after the sowing of teeth, + which the legislator may take as a proof that he can persuade the minds of + the young of anything; so that he has only to reflect and find out what + belief will be of the greatest public advantage, and then use all his + efforts to make the whole community utter one and the same word in their + songs and tales and discourses all their life long. But if you do not + agree with me, there is no reason why you should not argue on the other + side. + </p> + <p> + CLEINIAS: I do not see that any argument can fairly be raised by either of + us against what you are now saying. + </p> + <p> + ATHENIAN: The next suggestion which I have to offer is, that all our three + choruses shall sing to the young and tender souls of children, reciting in + their strains all the noble thoughts of which we have already spoken, or + are about to speak; and the sum of them shall be, that the life which is + by the Gods deemed to be the happiest is also the best;—we shall + affirm this to be a most certain truth; and the minds of our young + disciples will be more likely to receive these words of ours than any + others which we might address to them. + </p> + <p> + CLEINIAS: I assent to what you say. + </p> + <p> + ATHENIAN: First will enter in their natural order the sacred choir + composed of children, which is to sing lustily the heaven-taught lay to + the whole city. Next will follow the choir of young men under the age of + thirty, who will call upon the God Paean to testify to the truth of their + words, and will pray him to be gracious to the youth and to turn their + hearts. Thirdly, the choir of elder men, who are from thirty to sixty + years of age, will also sing. There remain those who are too old to sing, + and they will tell stories, illustrating the same virtues, as with the + voice of an oracle. + </p> + <p> + CLEINIAS: Who are those who compose the third choir, Stranger? for I do + not clearly understand what you mean to say about them. + </p> + <p> + ATHENIAN: And yet almost all that I have been saying has been said with a + view to them. + </p> + <p> + CLEINIAS: Will you try to be a little plainer? + </p> + <p> + ATHENIAN: I was speaking at the commencement of our discourse, as you will + remember, of the fiery nature of young creatures: I said that they were + unable to keep quiet either in limb or voice, and that they called out and + jumped about in a disorderly manner; and that no other animal attained to + any perception of order, but man only. Now the order of motion is called + rhythm, and the order of the voice, in which high and low are duly + mingled, is called harmony; and both together are termed choric song. And + I said that the Gods had pity on us, and gave us Apollo and the Muses to + be our playfellows and leaders in the dance; and Dionysus, as I dare say + that you will remember, was the third. + </p> + <p> + CLEINIAS: I quite remember. + </p> + <p> + ATHENIAN: Thus far I have spoken of the chorus of Apollo and the Muses, + and I have still to speak of the remaining chorus, which is that of + Dionysus. + </p> + <p> + CLEINIAS: How is that arranged? There is something strange, at any rate on + first hearing, in a Dionysiac chorus of old men, if you really mean that + those who are above thirty, and may be fifty, or from fifty to sixty years + of age, are to dance in his honour. + </p> + <p> + ATHENIAN: Very true; and therefore it must be shown that there is good + reason for the proposal. + </p> + <p> + CLEINIAS: Certainly. + </p> + <p> + ATHENIAN: Are we agreed thus far? + </p> + <p> + CLEINIAS: About what? + </p> + <p> + ATHENIAN: That every man and boy, slave and free, both sexes, and the + whole city, should never cease charming themselves with the strains of + which we have spoken; and that there should be every sort of change and + variation of them in order to take away the effect of sameness, so that + the singers may always receive pleasure from their hymns, and may never + weary of them? + </p> + <p> + CLEINIAS: Every one will agree. + </p> + <p> + ATHENIAN: Where, then, will that best part of our city which, by reason of + age and intelligence, has the greatest influence, sing these fairest of + strains, which are to do so much good? Shall we be so foolish as to let + them off who would give us the most beautiful and also the most useful of + songs? + </p> + <p> + CLEINIAS: But, says the argument, we cannot let them off. + </p> + <p> + ATHENIAN: Then how can we carry out our purpose with decorum? Will this be + the way? + </p> + <p> + CLEINIAS: What? + </p> + <p> + ATHENIAN: When a man is advancing in years, he is afraid and reluctant to + sing;—he has no pleasure in his own performances; and if compulsion + is used, he will be more and more ashamed, the older and more discreet he + grows;—is not this true? + </p> + <p> + CLEINIAS: Certainly. + </p> + <p> + ATHENIAN: Well, and will he not be yet more ashamed if he has to stand up + and sing in the theatre to a mixed audience?—and if moreover when he + is required to do so, like the other choirs who contend for prizes, and + have been trained under a singing master, he is pinched and hungry, he + will certainly have a feeling of shame and discomfort which will make him + very unwilling to exhibit. + </p> + <p> + CLEINIAS: No doubt. + </p> + <p> + ATHENIAN: How, then, shall we reassure him, and get him to sing? Shall we + begin by enacting that boys shall not taste wine at all until they are + eighteen years of age; we will tell them that fire must not be poured upon + fire, whether in the body or in the soul, until they begin to go to work—this + is a precaution which has to be taken against the excitableness of youth;—afterwards + they may taste wine in moderation up to the age of thirty, but while a man + is young he should abstain altogether from intoxication and from excess of + wine; when, at length, he has reached forty years, after dinner at a + public mess, he may invite not only the other Gods, but Dionysus above + all, to the mystery and festivity of the elder men, making use of the wine + which he has given men to lighten the sourness of old age; that in age we + may renew our youth, and forget our sorrows; and also in order that the + nature of the soul, like iron melted in the fire, may become softer and so + more impressible. In the first place, will not any one who is thus + mellowed be more ready and less ashamed to sing—I do not say before + a large audience, but before a moderate company; nor yet among strangers, + but among his familiars, and, as we have often said, to chant, and to + enchant? + </p> + <p> + CLEINIAS: He will be far more ready. + </p> + <p> + ATHENIAN: There will be no impropriety in our using such a method of + persuading them to join with us in song. + </p> + <p> + CLEINIAS: None at all. + </p> + <p> + ATHENIAN: And what strain will they sing, and what muse will they hymn? + The strain should clearly be one suitable to them. + </p> + <p> + CLEINIAS: Certainly. + </p> + <p> + ATHENIAN: And what strain is suitable for heroes? Shall they sing a choric + strain? + </p> + <p> + CLEINIAS: Truly, Stranger, we of Crete and Lacedaemon know no strain other + than that which we have learnt and been accustomed to sing in our chorus. + </p> + <p> + ATHENIAN: I dare say; for you have never acquired the knowledge of the + most beautiful kind of song, in your military way of life, which is + modelled after the camp, and is not like that of dwellers in cities; and + you have your young men herding and feeding together like young colts. No + one takes his own individual colt and drags him away from his fellows + against his will, raging and foaming, and gives him a groom to attend to + him alone, and trains and rubs him down privately, and gives him the + qualities in education which will make him not only a good soldier, but + also a governor of a state and of cities. Such an one, as we said at + first, would be a greater warrior than he of whom Tyrtaeus sings; and he + would honour courage everywhere, but always as the fourth, and not as the + first part of virtue, either in individuals or states. + </p> + <p> + CLEINIAS: Once more, Stranger, I must complain that you depreciate our + lawgivers. + </p> + <p> + ATHENIAN: Not intentionally, if at all, my good friend; but whither the + argument leads, thither let us follow; for if there be indeed some strain + of song more beautiful than that of the choruses or the public theatres, I + should like to impart it to those who, as we say, are ashamed of these, + and want to have the best. + </p> + <p> + CLEINIAS: Certainly. + </p> + <p> + ATHENIAN: When things have an accompanying charm, either the best thing in + them is this very charm, or there is some rightness or utility possessed + by them;—for example, I should say that eating and drinking, and the + use of food in general, have an accompanying charm which we call pleasure; + but that this rightness and utility is just the healthfulness of the + things served up to us, which is their true rightness. + </p> + <p> + CLEINIAS: Just so. + </p> + <p> + ATHENIAN: Thus, too, I should say that learning has a certain accompanying + charm which is the pleasure; but that the right and the profitable, the + good and the noble, are qualities which the truth gives to it. + </p> + <p> + CLEINIAS: Exactly. + </p> + <p> + ATHENIAN: And so in the imitative arts—if they succeed in making + likenesses, and are accompanied by pleasure, may not their works be said + to have a charm? + </p> + <p> + CLEINIAS: Yes. + </p> + <p> + ATHENIAN: But equal proportions, whether of quality or quantity, and not + pleasure, speaking generally, would give them truth or rightness. + </p> + <p> + CLEINIAS: Yes. + </p> + <p> + ATHENIAN: Then that only can be rightly judged by the standard of + pleasure, which makes or furnishes no utility or truth or likeness, nor on + the other hand is productive of any hurtful quality, but exists solely for + the sake of the accompanying charm; and the term 'pleasure' is most + appropriately applied to it when these other qualities are absent. + </p> + <p> + CLEINIAS: You are speaking of harmless pleasure, are you not? + </p> + <p> + ATHENIAN: Yes; and this I term amusement, when doing neither harm nor good + in any degree worth speaking of. + </p> + <p> + CLEINIAS: Very true. + </p> + <p> + ATHENIAN: Then, if such be our principles, we must assert that imitation + is not to be judged of by pleasure and false opinion; and this is true of + all equality, for the equal is not equal or the symmetrical symmetrical, + because somebody thinks or likes something, but they are to be judged of + by the standard of truth, and by no other whatever. + </p> + <p> + CLEINIAS: Quite true. + </p> + <p> + ATHENIAN: Do we not regard all music as representative and imitative? + </p> + <p> + CLEINIAS: Certainly. + </p> + <p> + ATHENIAN: Then, when any one says that music is to be judged of by + pleasure, his doctrine cannot be admitted; and if there be any music of + which pleasure is the criterion, such music is not to be sought out or + deemed to have any real excellence, but only that other kind of music + which is an imitation of the good. + </p> + <p> + CLEINIAS: Very true. + </p> + <p> + ATHENIAN: And those who seek for the best kind of song and music ought not + to seek for that which is pleasant, but for that which is true; and the + truth of imitation consists, as we were saying, in rendering the thing + imitated according to quantity and quality. + </p> + <p> + CLEINIAS: Certainly. + </p> + <p> + ATHENIAN: And every one will admit that musical compositions are all + imitative and representative. Will not poets and spectators and actors all + agree in this? + </p> + <p> + CLEINIAS: They will. + </p> + <p> + ATHENIAN: Surely then he who would judge correctly must know what each + composition is; for if he does not know what is the character and meaning + of the piece, and what it represents, he will never discern whether the + intention is true or false. + </p> + <p> + CLEINIAS: Certainly not. + </p> + <p> + ATHENIAN: And will he who does not know what is true be able to + distinguish what is good and bad? My statement is not very clear; but + perhaps you will understand me better if I put the matter in another way. + </p> + <p> + CLEINIAS: How? + </p> + <p> + ATHENIAN: There are ten thousand likenesses of objects of sight? + </p> + <p> + CLEINIAS: Yes. + </p> + <p> + ATHENIAN: And can he who does not know what the exact object is which is + imitated, ever know whether the resemblance is truthfully executed? I + mean, for example, whether a statue has the proportions of a body, and the + true situation of the parts; what those proportions are, and how the parts + fit into one another in due order; also their colours and conformations, + or whether this is all confused in the execution: do you think that any + one can know about this, who does not know what the animal is which has + been imitated? + </p> + <p> + CLEINIAS: Impossible. + </p> + <p> + ATHENIAN: But even if we know that the thing pictured or sculptured is a + man, who has received at the hand of the artist all his proper parts and + colours and shapes, must we not also know whether the work is beautiful or + in any respect deficient in beauty? + </p> + <p> + CLEINIAS: If this were not required, Stranger, we should all of us be + judges of beauty. + </p> + <p> + ATHENIAN: Very true; and may we not say that in everything imitated, + whether in drawing, music, or any other art, he who is to be a competent + judge must possess three things;—he must know, in the first place, + of what the imitation is; secondly, he must know that it is true; and + thirdly, that it has been well executed in words and melodies and rhythms? + </p> + <p> + CLEINIAS: Certainly. + </p> + <p> + ATHENIAN: Then let us not faint in discussing the peculiar difficulty of + music. Music is more celebrated than any other kind of imitation, and + therefore requires the greatest care of them all. For if a man makes a + mistake here, he may do himself the greatest injury by welcoming evil + dispositions, and the mistake may be very difficult to discern, because + the poets are artists very inferior in character to the Muses themselves, + who would never fall into the monstrous error of assigning to the words of + men the gestures and songs of women; nor after combining the melodies with + the gestures of freemen would they add on the rhythms of slaves and men of + the baser sort; nor, beginning with the rhythms and gestures of freemen, + would they assign to them a melody or words which are of an opposite + character; nor would they mix up the voices and sounds of animals and of + men and instruments, and every other sort of noise, as if they were all + one. But human poets are fond of introducing this sort of inconsistent + mixture, and so make themselves ridiculous in the eyes of those who, as + Orpheus says, 'are ripe for true pleasure.' The experienced see all this + confusion, and yet the poets go on and make still further havoc by + separating the rhythm and the figure of the dance from the melody, setting + bare words to metre, and also separating the melody and the rhythm from + the words, using the lyre or the flute alone. For when there are no words, + it is very difficult to recognize the meaning of the harmony and rhythm, + or to see that any worthy object is imitated by them. And we must + acknowledge that all this sort of thing, which aims only at swiftness and + smoothness and a brutish noise, and uses the flute and the lyre not as the + mere accompaniments of the dance and song, is exceedingly coarse and + tasteless. The use of either instrument, when unaccompanied, leads to + every sort of irregularity and trickery. This is all rational enough. But + we are considering not how our choristers, who are from thirty to fifty + years of age, and may be over fifty, are not to use the Muses, but how + they are to use them. And the considerations which we have urged seem to + show in what way these fifty years' old choristers who are to sing, may be + expected to be better trained. For they need to have a quick perception + and knowledge of harmonies and rhythms; otherwise, how can they ever know + whether a melody would be rightly sung to the Dorian mode, or to the + rhythm which the poet has assigned to it? + </p> + <p> + CLEINIAS: Clearly they cannot. + </p> + <p> + ATHENIAN: The many are ridiculous in imagining that they know what is in + proper harmony and rhythm, and what is not, when they can only be made to + sing and step in rhythm by force; it never occurs to them that they are + ignorant of what they are doing. Now every melody is right when it has + suitable harmony and rhythm, and wrong when unsuitable. + </p> + <p> + CLEINIAS: That is most certain. + </p> + <p> + ATHENIAN: But can a man who does not know a thing, as we were saying, know + that the thing is right? + </p> + <p> + CLEINIAS: Impossible. + </p> + <p> + ATHENIAN: Then now, as would appear, we are making the discovery that our + newly-appointed choristers, whom we hereby invite and, although they are + their own masters, compel to sing, must be educated to such an extent as + to be able to follow the steps of the rhythm and the notes of the song, + that they may know the harmonies and rhythms, and be able to select what + are suitable for men of their age and character to sing; and may sing + them, and have innocent pleasure from their own performance, and also lead + younger men to welcome with dutiful delight good dispositions. Having such + training, they will attain a more accurate knowledge than falls to the lot + of the common people, or even of the poets themselves. For the poet need + not know the third point, viz., whether the imitation is good or not, + though he can hardly help knowing the laws of melody and rhythm. But the + aged chorus must know all the three, that they may choose the best, and + that which is nearest to the best; for otherwise they will never be able + to charm the souls of young men in the way of virtue. And now the original + design of the argument which was intended to bring eloquent aid to the + Chorus of Dionysus, has been accomplished to the best of our ability, and + let us see whether we were right:—I should imagine that a drinking + assembly is likely to become more and more tumultuous as the drinking goes + on: this, as we were saying at first, will certainly be the case. + </p> + <p> + CLEINIAS: Certainly. + </p> + <p> + ATHENIAN: Every man has a more than natural elevation; his heart is glad + within him, and he will say anything and will be restrained by nobody at + such a time; he fancies that he is able to rule over himself and all + mankind. + </p> + <p> + CLEINIAS: Quite true. + </p> + <p> + ATHENIAN: Were we not saying that on such occasions the souls of the + drinkers become like iron heated in the fire, and grow softer and younger, + and are easily moulded by him who knows how to educate and fashion them, + just as when they were young, and that this fashioner of them is the same + who prescribed for them in the days of their youth, viz., the good + legislator; and that he ought to enact laws of the banquet, which, when a + man is confident, bold, and impudent, and unwilling to wait his turn and + have his share of silence and speech, and drinking and music, will change + his character into the opposite—such laws as will infuse into him a + just and noble fear, which will take up arms at the approach of insolence, + being that divine fear which we have called reverence and shame? + </p> + <p> + CLEINIAS: True. + </p> + <p> + ATHENIAN: And the guardians of these laws and fellow-workers with them are + the calm and sober generals of the drinkers; and without their help there + is greater difficulty in fighting against drink than in fighting against + enemies when the commander of an army is not himself calm; and he who is + unwilling to obey them and the commanders of Dionysiac feasts who are more + than sixty years of age, shall suffer a disgrace as great as he who + disobeys military leaders, or even greater. + </p> + <p> + CLEINIAS: Right. + </p> + <p> + ATHENIAN: If, then, drinking and amusement were regulated in this way, + would not the companions of our revels be improved? they would part better + friends than they were, and not, as now, enemies. Their whole intercourse + would be regulated by law and observant of it, and the sober would be the + leaders of the drunken. + </p> + <p> + CLEINIAS: I think so too, if drinking were regulated as you propose. + </p> + <p> + ATHENIAN: Let us not then simply censure the gift of Dionysus as bad and + unfit to be received into the State. For wine has many excellences, and + one pre-eminent one, about which there is a difficulty in speaking to the + many, from a fear of their misconceiving and misunderstanding what is + said. + </p> + <p> + CLEINIAS: To what do you refer? + </p> + <p> + ATHENIAN: There is a tradition or story, which has somehow crept about the + world, that Dionysus was robbed of his wits by his stepmother Here, and + that out of revenge he inspires Bacchic furies and dancing madnesses in + others; for which reason he gave men wine. Such traditions concerning the + Gods I leave to those who think that they may be safely uttered (compare + Euthyph.; Republic); I only know that no animal at birth is mature or + perfect in intelligence; and in the intermediate period, in which he has + not yet acquired his own proper sense, he rages and roars without rhyme or + reason; and when he has once got on his legs he jumps about without rhyme + or reason; and this, as you will remember, has been already said by us to + be the origin of music and gymnastic. + </p> + <p> + CLEINIAS: To be sure, I remember. + </p> + <p> + ATHENIAN: And did we not say that the sense of harmony and rhythm sprang + from this beginning among men, and that Apollo and the Muses and Dionysus + were the Gods whom we had to thank for them? + </p> + <p> + CLEINIAS: Certainly. + </p> + <p> + ATHENIAN: The other story implied that wine was given man out of revenge, + and in order to make him mad; but our present doctrine, on the contrary, + is, that wine was given him as a balm, and in order to implant modesty in + the soul, and health and strength in the body. + </p> + <p> + CLEINIAS: That, Stranger, is precisely what was said. + </p> + <p> + ATHENIAN: Then half the subject may now be considered to have been + discussed; shall we proceed to the consideration of the other half? + </p> + <p> + CLEINIAS: What is the other half, and how do you divide the subject? + </p> + <p> + ATHENIAN: The whole choral art is also in our view the whole of education; + and of this art, rhythms and harmonies form the part which has to do with + the voice. + </p> + <p> + CLEINIAS: Yes. + </p> + <p> + ATHENIAN: The movement of the body has rhythm in common with the movement + of the voice, but gesture is peculiar to it, whereas song is simply the + movement of the voice. + </p> + <p> + CLEINIAS: Most true. + </p> + <p> + ATHENIAN: And the sound of the voice which reaches and educates the soul, + we have ventured to term music. + </p> + <p> + CLEINIAS: We were right. + </p> + <p> + ATHENIAN: And the movement of the body, when regarded as an amusement, we + termed dancing; but when extended and pursued with a view to the + excellence of the body, this scientific training may be called gymnastic. + </p> + <p> + CLEINIAS: Exactly. + </p> + <p> + ATHENIAN: Music, which was one half of the choral art, may be said to have + been completely discussed. Shall we proceed to the other half or not? What + would you like? + </p> + <p> + CLEINIAS: My good friend, when you are talking with a Cretan and + Lacedaemonian, and we have discussed music and not gymnastic, what answer + are either of us likely to make to such an enquiry? + </p> + <p> + ATHENIAN: An answer is contained in your question; and I understand and + accept what you say not only as an answer, but also as a command to + proceed with gymnastic. + </p> + <p> + CLEINIAS: You quite understand me; do as you say. + </p> + <p> + ATHENIAN: I will; and there will not be any difficulty in speaking + intelligibly to you about a subject with which both of you are far more + familiar than with music. + </p> + <p> + CLEINIAS: There will not. + </p> + <p> + ATHENIAN: Is not the origin of gymnastics, too, to be sought in the + tendency to rapid motion which exists in all animals; man, as we were + saying, having attained the sense of rhythm, created and invented dancing; + and melody arousing and awakening rhythm, both united formed the choral + art? + </p> + <p> + CLEINIAS: Very true. + </p> + <p> + ATHENIAN: And one part of this subject has been already discussed by us, + and there still remains another to be discussed? + </p> + <p> + CLEINIAS: Exactly. + </p> + <p> + ATHENIAN: I have first a final word to add to my discourse about drink, if + you will allow me to do so. + </p> + <p> + CLEINIAS: What more have you to say? + </p> + <p> + ATHENIAN: I should say that if a city seriously means to adopt the + practice of drinking under due regulation and with a view to the + enforcement of temperance, and in like manner, and on the same principle, + will allow of other pleasures, designing to gain the victory over them—in + this way all of them may be used. But if the State makes drinking an + amusement only, and whoever likes may drink whenever he likes, and with + whom he likes, and add to this any other indulgences, I shall never agree + or allow that this city or this man should practise drinking. I would go + further than the Cretans and Lacedaemonians, and am disposed rather to the + law of the Carthaginians, that no one while he is on a campaign should be + allowed to taste wine at all, but that he should drink water during all + that time, and that in the city no slave, male or female, should ever + drink wine; and that no magistrates should drink during their year of + office, nor should pilots of vessels or judges while on duty taste wine at + all, nor any one who is going to hold a consultation about any matter of + importance; nor in the day-time at all, unless in consequence of exercise + or as medicine; nor again at night, when any one, either man or woman, is + minded to get children. There are numberless other cases also in which + those who have good sense and good laws ought not to drink wine, so that + if what I say is true, no city will need many vineyards. Their husbandry + and their way of life in general will follow an appointed order, and their + cultivation of the vine will be the most limited and the least common of + their employments. And this, Stranger, shall be the crown of my discourse + about wine, if you agree. + </p> + <p> + CLEINIAS: Excellent: we agree. + </p> + <p> + <a name="link2H_4_0006" id="link2H_4_0006"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + BOOK III. + </h2> + <p> + ATHENIAN: Enough of this. And what, then, is to be regarded as the origin + of government? Will not a man be able to judge of it best from a point of + view in which he may behold the progress of states and their transitions + to good or evil? + </p> + <p> + CLEINIAS: What do you mean? + </p> + <p> + ATHENIAN: I mean that he might watch them from the point of view of time, + and observe the changes which take place in them during infinite ages. + </p> + <p> + CLEINIAS: How so? + </p> + <p> + ATHENIAN: Why, do you think that you can reckon the time which has elapsed + since cities first existed and men were citizens of them? + </p> + <p> + CLEINIAS: Hardly. + </p> + <p> + ATHENIAN: But are sure that it must be vast and incalculable? + </p> + <p> + CLEINIAS: Certainly. + </p> + <p> + ATHENIAN: And have not thousands and thousands of cities come into being + during this period and as many perished? And has not each of them had + every form of government many times over, now growing larger, now smaller, + and again improving or declining? + </p> + <p> + CLEINIAS: To be sure. + </p> + <p> + ATHENIAN: Let us endeavour to ascertain the cause of these changes; for + that will probably explain the first origin and development of forms of + government. + </p> + <p> + CLEINIAS: Very good. You shall endeavour to impart your thoughts to us, + and we will make an effort to understand you. + </p> + <p> + ATHENIAN: Do you believe that there is any truth in ancient traditions? + </p> + <p> + CLEINIAS: What traditions? + </p> + <p> + ATHENIAN: The traditions about the many destructions of mankind which have + been occasioned by deluges and pestilences, and in many other ways, and of + the survival of a remnant? + </p> + <p> + CLEINIAS: Every one is disposed to believe them. + </p> + <p> + ATHENIAN: Let us consider one of them, that which was caused by the famous + deluge. + </p> + <p> + CLEINIAS: What are we to observe about it? + </p> + <p> + ATHENIAN: I mean to say that those who then escaped would only be hill + shepherds,—small sparks of the human race preserved on the tops of + mountains. + </p> + <p> + CLEINIAS: Clearly. + </p> + <p> + ATHENIAN: Such survivors would necessarily be unacquainted with the arts + and the various devices which are suggested to the dwellers in cities by + interest or ambition, and with all the wrongs which they contrive against + one another. + </p> + <p> + CLEINIAS: Very true. + </p> + <p> + ATHENIAN: Let us suppose, then, that the cities in the plain and on the + sea-coast were utterly destroyed at that time. + </p> + <p> + CLEINIAS: Very good. + </p> + <p> + ATHENIAN: Would not all implements have then perished and every other + excellent invention of political or any other sort of wisdom have utterly + disappeared? + </p> + <p> + CLEINIAS: Why, yes, my friend; and if things had always continued as they + are at present ordered, how could any discovery have ever been made even + in the least particular? For it is evident that the arts were unknown + during ten thousand times ten thousand years. And no more than a thousand + or two thousand years have elapsed since the discoveries of Daedalus, + Orpheus and Palamedes,—since Marsyas and Olympus invented music, and + Amphion the lyre—not to speak of numberless other inventions which + are but of yesterday. + </p> + <p> + ATHENIAN: Have you forgotten, Cleinias, the name of a friend who is really + of yesterday? + </p> + <p> + CLEINIAS: I suppose that you mean Epimenides. + </p> + <p> + ATHENIAN: The same, my friend; he does indeed far overleap the heads of + all mankind by his invention; for he carried out in practice, as you + declare, what of old Hesiod (Works and Days) only preached. + </p> + <p> + CLEINIAS: Yes, according to our tradition. + </p> + <p> + ATHENIAN: After the great destruction, may we not suppose that the state + of man was something of this sort:—In the beginning of things there + was a fearful illimitable desert and a vast expanse of land; a herd or two + of oxen would be the only survivors of the animal world; and there might + be a few goats, these too hardly enough to maintain the shepherds who + tended them? + </p> + <p> + CLEINIAS: True. + </p> + <p> + ATHENIAN: And of cities or governments or legislation, about which we are + now talking, do you suppose that they could have any recollection at all? + </p> + <p> + CLEINIAS: None whatever. + </p> + <p> + ATHENIAN: And out of this state of things has there not sprung all that we + now are and have: cities and governments, and arts and laws, and a great + deal of vice and a great deal of virtue? + </p> + <p> + CLEINIAS: What do you mean? + </p> + <p> + ATHENIAN: Why, my good friend, how can we possibly suppose that those who + knew nothing of all the good and evil of cities could have attained their + full development, whether of virtue or of vice? + </p> + <p> + CLEINIAS: I understand your meaning, and you are quite right. + </p> + <p> + ATHENIAN: But, as time advanced and the race multiplied, the world came to + be what the world is. + </p> + <p> + CLEINIAS: Very true. + </p> + <p> + ATHENIAN: Doubtless the change was not made all in a moment, but little by + little, during a very long period of time. + </p> + <p> + CLEINIAS: A highly probable supposition. + </p> + <p> + ATHENIAN: At first, they would have a natural fear ringing in their ears + which would prevent their descending from the heights into the plain. + </p> + <p> + CLEINIAS: Of course. + </p> + <p> + ATHENIAN: The fewness of the survivors at that time would have made them + all the more desirous of seeing one another; but then the means of + travelling either by land or sea had been almost entirely lost, as I may + say, with the loss of the arts, and there was great difficulty in getting + at one another; for iron and brass and all metals were jumbled together + and had disappeared in the chaos; nor was there any possibility of + extracting ore from them; and they had scarcely any means of felling + timber. Even if you suppose that some implements might have been preserved + in the mountains, they must quickly have worn out and vanished, and there + would be no more of them until the art of metallurgy had again revived. + </p> + <p> + CLEINIAS: There could not have been. + </p> + <p> + ATHENIAN: In how many generations would this be attained? + </p> + <p> + CLEINIAS: Clearly, not for many generations. + </p> + <p> + ATHENIAN: During this period, and for some time afterwards, all the arts + which require iron and brass and the like would disappear. + </p> + <p> + CLEINIAS: Certainly. + </p> + <p> + ATHENIAN: Faction and war would also have died out in those days, and for + many reasons. + </p> + <p> + CLEINIAS: How would that be? + </p> + <p> + ATHENIAN: In the first place, the desolation of these primitive men would + create in them a feeling of affection and goodwill towards one another; + and, secondly, they would have no occasion to quarrel about their + subsistence, for they would have pasture in abundance, except just at + first, and in some particular cases; and from their pasture-land they + would obtain the greater part of their food in a primitive age, having + plenty of milk and flesh; moreover they would procure other food by the + chase, not to be despised either in quantity or quality. They would also + have abundance of clothing, and bedding, and dwellings, and utensils + either capable of standing on the fire or not; for the plastic and weaving + arts do not require any use of iron: and God has given these two arts to + man in order to provide him with all such things, that, when reduced to + the last extremity, the human race may still grow and increase. Hence in + those days mankind were not very poor; nor was poverty a cause of + difference among them; and rich they could not have been, having neither + gold nor silver:—such at that time was their condition. And the + community which has neither poverty nor riches will always have the + noblest principles; in it there is no insolence or injustice, nor, again, + are there any contentions or envyings. And therefore they were good, and + also because they were what is called simple-minded; and when they were + told about good and evil, they in their simplicity believed what they + heard to be very truth and practised it. No one had the wit to suspect + another of a falsehood, as men do now; but what they heard about Gods and + men they believed to be true, and lived accordingly; and therefore they + were in all respects such as we have described them. + </p> + <p> + CLEINIAS: That quite accords with my views, and with those of my friend + here. + </p> + <p> + ATHENIAN: Would not many generations living on in a simple manner, + although ruder, perhaps, and more ignorant of the arts generally, and in + particular of those of land or naval warfare, and likewise of other arts, + termed in cities legal practices and party conflicts, and including all + conceivable ways of hurting one another in word and deed;—although + inferior to those who lived before the deluge, or to the men of our day in + these respects, would they not, I say, be simpler and more manly, and also + more temperate and altogether more just? The reason has been already + explained. + </p> + <p> + CLEINIAS: Very true. + </p> + <p> + ATHENIAN: I should wish you to understand that what has preceded and what + is about to follow, has been, and will be said, with the intention of + explaining what need the men of that time had of laws, and who was their + lawgiver. + </p> + <p> + CLEINIAS: And thus far what you have said has been very well said. + </p> + <p> + ATHENIAN: They could hardly have wanted lawgivers as yet; nothing of that + sort was likely to have existed in their days, for they had no letters at + this early period; they lived by habit and the customs of their ancestors, + as they are called. + </p> + <p> + CLEINIAS: Probably. + </p> + <p> + ATHENIAN: But there was already existing a form of government which, if I + am not mistaken, is generally termed a lordship, and this still remains in + many places, both among Hellenes and barbarians (compare Arist. Pol.), and + is the government which is declared by Homer to have prevailed among the + Cyclopes:— + </p> + <p> + 'They have neither councils nor judgments, but they dwell in hollow caves + on the tops of high mountains, and every one gives law to his wife and + children, and they do not busy themselves about one another.' (Odyss.) + </p> + <p> + CLEINIAS: That seems to be a charming poet of yours; I have read some + other verses of his, which are very clever; but I do not know much of him, + for foreign poets are very little read among the Cretans. + </p> + <p> + MEGILLUS: But they are in Lacedaemon, and he appears to be the prince of + them all; the manner of life, however, which he describes is not Spartan, + but rather Ionian, and he seems quite to confirm what you are saying, when + he traces up the ancient state of mankind by the help of tradition to + barbarism. + </p> + <p> + ATHENIAN: Yes, he does confirm it; and we may accept his witness to the + fact that such forms of government sometimes arise. + </p> + <p> + CLEINIAS: We may. + </p> + <p> + ATHENIAN: And were not such states composed of men who had been dispersed + in single habitations and families by the poverty which attended the + devastations; and did not the eldest then rule among them, because with + them government originated in the authority of a father and a mother, + whom, like a flock of birds, they followed, forming one troop under the + patriarchal rule and sovereignty of their parents, which of all + sovereignties is the most just? + </p> + <p> + CLEINIAS: Very true. + </p> + <p> + ATHENIAN: After this they came together in greater numbers, and increased + the size of their cities, and betook themselves to husbandry, first of all + at the foot of the mountains, and made enclosures of loose walls and works + of defence, in order to keep off wild beasts; thus creating a single large + and common habitation. + </p> + <p> + CLEINIAS: Yes; at least we may suppose so. + </p> + <p> + ATHENIAN: There is another thing which would probably happen. + </p> + <p> + CLEINIAS: What? + </p> + <p> + ATHENIAN: When these larger habitations grew up out of the lesser original + ones, each of the lesser ones would survive in the larger; every family + would be under the rule of the eldest, and, owing to their separation from + one another, would have peculiar customs in things divine and human, which + they would have received from their several parents who had educated them; + and these customs would incline them to order, when the parents had the + element of order in their nature, and to courage, when they had the + element of courage. And they would naturally stamp upon their children, + and upon their children's children, their own likings; and, as we are + saying, they would find their way into the larger society, having already + their own peculiar laws. + </p> + <p> + CLEINIAS: Certainly. + </p> + <p> + ATHENIAN: And every man surely likes his own laws best, and the laws of + others not so well. + </p> + <p> + CLEINIAS: True. + </p> + <p> + ATHENIAN: Then now we seem to have stumbled upon the beginnings of + legislation. + </p> + <p> + CLEINIAS: Exactly. + </p> + <p> + ATHENIAN: The next step will be that these persons who have met together, + will select some arbiters, who will review the laws of all of them, and + will publicly present such as they approve to the chiefs who lead the + tribes, and who are in a manner their kings, allowing them to choose those + which they think best. These persons will themselves be called + legislators, and will appoint the magistrates, framing some sort of + aristocracy, or perhaps monarchy, out of the dynasties or lordships, and + in this altered state of the government they will live. + </p> + <p> + CLEINIAS: Yes, that would be the natural order of things. + </p> + <p> + ATHENIAN: Then, now let us speak of a third form of government, in which + all other forms and conditions of polities and cities concur. + </p> + <p> + CLEINIAS: What is that? + </p> + <p> + ATHENIAN: The form which in fact Homer indicates as following the second. + This third form arose when, as he says, Dardanus founded Dardania:— + </p> + <p> + 'For not as yet had the holy Ilium been built on the plain to be a city of + speaking men; but they were still dwelling at the foot of many-fountained + Ida.' + </p> + <p> + For indeed, in these verses, and in what he said of the Cyclopes, he + speaks the words of God and nature; for poets are a divine race, and often + in their strains, by the aid of the Muses and the Graces, they attain + truth. + </p> + <p> + CLEINIAS: Yes. + </p> + <p> + ATHENIAN: Then now let us proceed with the rest of our tale, which will + probably be found to illustrate in some degree our proposed design:—Shall + we do so? + </p> + <p> + CLEINIAS: By all means. + </p> + <p> + ATHENIAN: Ilium was built, when they descended from the mountain, in a + large and fair plain, on a sort of low hill, watered by many rivers + descending from Ida. + </p> + <p> + CLEINIAS: Such is the tradition. + </p> + <p> + ATHENIAN: And we must suppose this event to have taken place many ages + after the deluge? + </p> + <p> + ATHENIAN: A marvellous forgetfulness of the former destruction would + appear to have come over them, when they placed their town right under + numerous streams flowing from the heights, trusting for their security to + not very high hills, either. + </p> + <p> + CLEINIAS: There must have been a long interval, clearly. + </p> + <p> + ATHENIAN: And, as population increased, many other cities would begin to + be inhabited. + </p> + <p> + CLEINIAS: Doubtless. + </p> + <p> + ATHENIAN: Those cities made war against Troy—by sea as well as land—for + at that time men were ceasing to be afraid of the sea. + </p> + <p> + CLEINIAS: Clearly. + </p> + <p> + ATHENIAN: The Achaeans remained ten years, and overthrew Troy. + </p> + <p> + CLEINIAS: True. + </p> + <p> + ATHENIAN: And during the ten years in which the Achaeans were besieging + Ilium, the homes of the besiegers were falling into an evil plight. Their + youth revolted; and when the soldiers returned to their own cities and + families, they did not receive them properly, and as they ought to have + done, and numerous deaths, murders, exiles, were the consequence. The + exiles came again, under a new name, no longer Achaeans, but Dorians,—a + name which they derived from Dorieus; for it was he who gathered them + together. The rest of the story is told by you Lacedaemonians as part of + the history of Sparta. + </p> + <p> + MEGILLUS: To be sure. + </p> + <p> + ATHENIAN: Thus, after digressing from the original subject of laws into + music and drinking-bouts, the argument has, providentially, come back to + the same point, and presents to us another handle. For we have reached the + settlement of Lacedaemon; which, as you truly say, is in laws and in + institutions the sister of Crete. And we are all the better for the + digression, because we have gone through various governments and + settlements, and have been present at the foundation of a first, second, + and third state, succeeding one another in infinite time. And now there + appears on the horizon a fourth state or nation which was once in process + of settlement and has continued settled to this day. If, out of all this, + we are able to discern what is well or ill settled, and what laws are the + salvation and what are the destruction of cities, and what changes would + make a state happy, O Megillus and Cleinias, we may now begin again, + unless we have some fault to find with the previous discussion. + </p> + <p> + MEGILLUS: If some God, Stranger, would promise us that our new enquiry + about legislation would be as good and full as the present, I would go a + great way to hear such another, and would think that a day as long as this—and + we are now approaching the longest day of the year—was too short for + the discussion. + </p> + <p> + ATHENIAN: Then I suppose that we must consider this subject? + </p> + <p> + MEGILLUS: Certainly. + </p> + <p> + ATHENIAN: Let us place ourselves in thought at the moment when Lacedaemon + and Argos and Messene and the rest of the Peloponnesus were all in + complete subjection, Megillus, to your ancestors; for afterwards, as the + legend informs us, they divided their army into three portions, and + settled three cities, Argos, Messene, Lacedaemon. + </p> + <p> + MEGILLUS: True. + </p> + <p> + ATHENIAN: Temenus was the king of Argos, Cresphontes of Messene, Procles + and Eurysthenes of Lacedaemon. + </p> + <p> + MEGILLUS: Certainly. + </p> + <p> + ATHENIAN: To these kings all the men of that day made oath that they would + assist them, if any one subverted their kingdom. + </p> + <p> + MEGILLUS: True. + </p> + <p> + ATHENIAN: But can a kingship be destroyed, or was any other form of + government ever destroyed, by any but the rulers themselves? No indeed, by + Zeus. Have we already forgotten what was said a little while ago? + </p> + <p> + MEGILLUS: No. + </p> + <p> + ATHENIAN: And may we not now further confirm what was then mentioned? For + we have come upon facts which have brought us back again to the same + principle; so that, in resuming the discussion, we shall not be enquiring + about an empty theory, but about events which actually happened. The case + was as follows:—Three royal heroes made oath to three cities which + were under a kingly government, and the cities to the kings, that both + rulers and subjects should govern and be governed according to the laws + which were common to all of them: the rulers promised that as time and the + race went forward they would not make their rule more arbitrary; and the + subjects said that, if the rulers observed these conditions, they would + never subvert or permit others to subvert those kingdoms; the kings were + to assist kings and peoples when injured, and the peoples were to assist + peoples and kings in like manner. Is not this the fact? + </p> + <p> + MEGILLUS: Yes. + </p> + <p> + ATHENIAN: And the three states to whom these laws were given, whether + their kings or any others were the authors of them, had therefore the + greatest security for the maintenance of their constitutions? + </p> + <p> + MEGILLUS: What security? + </p> + <p> + ATHENIAN: That the other two states were always to come to the rescue + against a rebellious third. + </p> + <p> + MEGILLUS: True. + </p> + <p> + ATHENIAN: Many persons say that legislators ought to impose such laws as + the mass of the people will be ready to receive; but this is just as if + one were to command gymnastic masters or physicians to treat or cure their + pupils or patients in an agreeable manner. + </p> + <p> + MEGILLUS: Exactly. + </p> + <p> + ATHENIAN: Whereas the physician may often be too happy if he can restore + health, and make the body whole, without any very great infliction of + pain. + </p> + <p> + MEGILLUS: Certainly. + </p> + <p> + ATHENIAN: There was also another advantage possessed by the men of that + day, which greatly lightened the task of passing laws. + </p> + <p> + MEGILLUS: What advantage? + </p> + <p> + ATHENIAN: The legislators of that day, when they equalized property, + escaped the great accusation which generally arises in legislation, if a + person attempts to disturb the possession of land, or to abolish debts, + because he sees that without this reform there can never be any real + equality. Now, in general, when the legislator attempts to make a new + settlement of such matters, every one meets him with the cry, that 'he is + not to disturb vested interests,'—declaring with imprecations that + he is introducing agrarian laws and cancelling of debts, until a man is at + his wits' end; whereas no one could quarrel with the Dorians for + distributing the land,—there was nothing to hinder them; and as for + debts, they had none which were considerable or of old standing. + </p> + <p> + MEGILLUS: Very true. + </p> + <p> + ATHENIAN: But then, my good friends, why did the settlement and + legislation of their country turn out so badly? + </p> + <p> + MEGILLUS: How do you mean; and why do you blame them? + </p> + <p> + ATHENIAN: There were three kingdoms, and of these, two quickly corrupted + their original constitution and laws, and the only one which remained was + the Spartan. + </p> + <p> + MEGILLUS: The question which you ask is not easily answered. + </p> + <p> + ATHENIAN: And yet must be answered when we are enquiring about laws, this + being our old man's sober game of play, whereby we beguile the way, as I + was saying when we first set out on our journey. + </p> + <p> + MEGILLUS: Certainly; and we must find out why this was. + </p> + <p> + ATHENIAN: What laws are more worthy of our attention than those which have + regulated such cities? or what settlements of states are greater or more + famous? + </p> + <p> + MEGILLUS: I know of none. + </p> + <p> + ATHENIAN: Can we doubt that your ancestors intended these institutions not + only for the protection of Peloponnesus, but of all the Hellenes, in case + they were attacked by the barbarian? For the inhabitants of the region + about Ilium, when they provoked by their insolence the Trojan war, relied + upon the power of the Assyrians and the Empire of Ninus, which still + existed and had a great prestige; the people of those days fearing the + united Assyrian Empire just as we now fear the Great King. And the second + capture of Troy was a serious offence against them, because Troy was a + portion of the Assyrian Empire. To meet the danger the single army was + distributed between three cities by the royal brothers, sons of Heracles,—a + fair device, as it seemed, and a far better arrangement than the + expedition against Troy. For, firstly, the people of that day had, as they + thought, in the Heraclidae better leaders than the Pelopidae; in the next + place, they considered that their army was superior in valour to that + which went against Troy; for, although the latter conquered the Trojans, + they were themselves conquered by the Heraclidae—Achaeans by + Dorians. May we not suppose that this was the intention with which the men + of those days framed the constitutions of their states? + </p> + <p> + MEGILLUS: Quite true. + </p> + <p> + ATHENIAN: And would not men who had shared with one another many dangers, + and were governed by a single race of royal brothers, and had taken the + advice of oracles, and in particular of the Delphian Apollo, be likely to + think that such states would be firmly and lastingly established? + </p> + <p> + MEGILLUS: Of course they would. + </p> + <p> + ATHENIAN: Yet these institutions, of which such great expectations were + entertained, seem to have all rapidly vanished away; with the exception, + as I was saying, of that small part of them which existed in your land. + And this third part has never to this day ceased warring against the two + others; whereas, if the original idea had been carried out, and they had + agreed to be one, their power would have been invincible in war. + </p> + <p> + MEGILLUS: No doubt. + </p> + <p> + ATHENIAN: But what was the ruin of this glorious confederacy? Here is a + subject well worthy of consideration. + </p> + <p> + MEGILLUS: Certainly, no one will ever find more striking instances of laws + or governments being the salvation or destruction of great and noble + interests, than are here presented to his view. + </p> + <p> + ATHENIAN: Then now we seem to have happily arrived at a real and important + question. + </p> + <p> + MEGILLUS: Very true. + </p> + <p> + ATHENIAN: Did you never remark, sage friend, that all men, and we + ourselves at this moment, often fancy that they see some beautiful thing + which might have effected wonders if any one had only known how to make a + right use of it in some way; and yet this mode of looking at things may + turn out after all to be a mistake, and not according to nature, either in + our own case or in any other? + </p> + <p> + MEGILLUS: To what are you referring, and what do you mean? + </p> + <p> + ATHENIAN: I was thinking of my own admiration of the aforesaid Heracleid + expedition, which was so noble, and might have had such wonderful results + for the Hellenes, if only rightly used; and I was just laughing at myself. + </p> + <p> + MEGILLUS: But were you not right and wise in speaking as you did, and we + in assenting to you? + </p> + <p> + ATHENIAN: Perhaps; and yet I cannot help observing that any one who sees + anything great or powerful, immediately has the feeling that—'If the + owner only knew how to use his great and noble possession, how happy would + he be, and what great results would he achieve!' + </p> + <p> + MEGILLUS: And would he not be justified? + </p> + <p> + ATHENIAN: Reflect; in what point of view does this sort of praise appear + just: First, in reference to the question in hand:—If the then + commanders had known how to arrange their army properly, how would they + have attained success? Would not this have been the way? They would have + bound them all firmly together and preserved them for ever, giving them + freedom and dominion at pleasure, combined with the power of doing in the + whole world, Hellenic and barbarian, whatever they and their descendants + desired. What other aim would they have had? + </p> + <p> + MEGILLUS: Very good. + </p> + <p> + ATHENIAN: Suppose any one were in the same way to express his admiration + at the sight of great wealth or family honour, or the like, he would + praise them under the idea that through them he would attain either all or + the greater and chief part of what he desires. + </p> + <p> + MEGILLUS: He would. + </p> + <p> + ATHENIAN: Well, now, and does not the argument show that there is one + common desire of all mankind? + </p> + <p> + MEGILLUS: What is it? + </p> + <p> + ATHENIAN: The desire which a man has, that all things, if possible,—at + any rate, things human,—may come to pass in accordance with his + soul's desire. + </p> + <p> + MEGILLUS: Certainly. + </p> + <p> + ATHENIAN: And having this desire always, and at every time of life, in + youth, in manhood, in age, he cannot help always praying for the + fulfilment of it. + </p> + <p> + MEGILLUS: No doubt. + </p> + <p> + ATHENIAN: And we join in the prayers of our friends, and ask for them what + they ask for themselves. + </p> + <p> + MEGILLUS: We do. + </p> + <p> + ATHENIAN: Dear is the son to the father—the younger to the elder. + </p> + <p> + MEGILLUS: Of course. + </p> + <p> + ATHENIAN: And yet the son often prays to obtain things which the father + prays that he may not obtain. + </p> + <p> + MEGILLUS: When the son is young and foolish, you mean? + </p> + <p> + ATHENIAN: Yes; or when the father, in the dotage of age or the heat of + youth, having no sense of right and justice, prays with fervour, under the + influence of feelings akin to those of Theseus when he cursed the + unfortunate Hippolytus, do you imagine that the son, having a sense of + right and justice, will join in his father's prayers? + </p> + <p> + MEGILLUS: I understand you to mean that a man should not desire or be in a + hurry to have all things according to his wish, for his wish may be at + variance with his reason. But every state and every individual ought to + pray and strive for wisdom. + </p> + <p> + ATHENIAN: Yes; and I remember, and you will remember, what I said at + first, that a statesman and legislator ought to ordain laws with a view to + wisdom; while you were arguing that the good lawgiver ought to order all + with a view to war. And to this I replied that there were four virtues, + but that upon your view one of them only was the aim of legislation; + whereas you ought to regard all virtue, and especially that which comes + first, and is the leader of all the rest—I mean wisdom and mind and + opinion, having affection and desire in their train. And now the argument + returns to the same point, and I say once more, in jest if you like, or in + earnest if you like, that the prayer of a fool is full of danger, being + likely to end in the opposite of what he desires. And if you would rather + receive my words in earnest, I am willing that you should; and you will + find, I suspect, as I have said already, that not cowardice was the cause + of the ruin of the Dorian kings and of their whole design, nor ignorance + of military matters, either on the part of the rulers or of their + subjects; but their misfortunes were due to their general degeneracy, and + especially to their ignorance of the most important human affairs. That + was then, and is still, and always will be the case, as I will endeavour, + if you will allow me, to make out and demonstrate as well as I am able to + you who are my friends, in the course of the argument. + </p> + <p> + CLEINIAS: Pray go on, Stranger;—compliments are troublesome, but we + will show, not in word but in deed, how greatly we prize your words, for + we will give them our best attention; and that is the way in which a + freeman best shows his approval or disapproval. + </p> + <p> + MEGILLUS: Excellent, Cleinias; let us do as you say. + </p> + <p> + CLEINIAS: By all means, if Heaven wills. Go on. + </p> + <p> + ATHENIAN: Well, then, proceeding in the same train of thought, I say that + the greatest ignorance was the ruin of the Dorian power, and that now, as + then, ignorance is ruin. And if this be true, the legislator must + endeavour to implant wisdom in states, and banish ignorance to the utmost + of his power. + </p> + <p> + CLEINIAS: That is evident. + </p> + <p> + ATHENIAN: Then now consider what is really the greatest ignorance. I + should like to know whether you and Megillus would agree with me in what I + am about to say; for my opinion is— + </p> + <p> + CLEINIAS: What? + </p> + <p> + ATHENIAN: That the greatest ignorance is when a man hates that which he + nevertheless thinks to be good and noble, and loves and embraces that + which he knows to be unrighteous and evil. This disagreement between the + sense of pleasure and the judgment of reason in the soul is, in my + opinion, the worst ignorance; and also the greatest, because affecting the + great mass of the human soul; for the principle which feels pleasure and + pain in the individual is like the mass or populace in a state. And when + the soul is opposed to knowledge, or opinion, or reason, which are her + natural lords, that I call folly, just as in the state, when the multitude + refuses to obey their rulers and the laws; or, again, in the individual, + when fair reasonings have their habitation in the soul and yet do no good, + but rather the reverse of good. All these cases I term the worst + ignorance, whether in individuals or in states. You will understand, + Stranger, that I am speaking of something which is very different from the + ignorance of handicraftsmen. + </p> + <p> + CLEINIAS: Yes, my friend, we understand and agree. + </p> + <p> + ATHENIAN: Let us, then, in the first place declare and affirm that the + citizen who does not know these things ought never to have any kind of + authority entrusted to him: he must be stigmatized as ignorant, even + though he be versed in calculation and skilled in all sorts of + accomplishments, and feats of mental dexterity; and the opposite are to be + called wise, even although, in the words of the proverb, they know neither + how to read nor how to swim; and to them, as to men of sense, authority is + to be committed. For, O my friends, how can there be the least shadow of + wisdom when there is no harmony? There is none; but the noblest and + greatest of harmonies may be truly said to be the greatest wisdom; and of + this he is a partaker who lives according to reason; whereas he who is + devoid of reason is the destroyer of his house and the very opposite of a + saviour of the state: he is utterly ignorant of political wisdom. Let + this, then, as I was saying, be laid down by us. + </p> + <p> + CLEINIAS: Let it be so laid down. + </p> + <p> + ATHENIAN: I suppose that there must be rulers and subjects in states? + </p> + <p> + CLEINIAS: Certainly. + </p> + <p> + ATHENIAN: And what are the principles on which men rule and obey in + cities, whether great or small; and similarly in families? What are they, + and how many in number? Is there not one claim of authority which is + always just,—that of fathers and mothers and in general of + progenitors to rule over their offspring? + </p> + <p> + CLEINIAS: There is. + </p> + <p> + ATHENIAN: Next follows the principle that the noble should rule over the + ignoble; and, thirdly, that the elder should rule and the younger obey? + </p> + <p> + CLEINIAS: To be sure. + </p> + <p> + ATHENIAN: And, fourthly, that slaves should be ruled, and their masters + rule? + </p> + <p> + CLEINIAS: Of course. + </p> + <p> + ATHENIAN: Fifthly, if I am not mistaken, comes the principle that the + stronger shall rule, and the weaker be ruled? + </p> + <p> + CLEINIAS: That is a rule not to be disobeyed. + </p> + <p> + ATHENIAN: Yes, and a rule which prevails very widely among all creatures, + and is according to nature, as the Theban poet Pindar once said; and the + sixth principle, and the greatest of all, is, that the wise should lead + and command, and the ignorant follow and obey; and yet, O thou most wise + Pindar, as I should reply him, this surely is not contrary to nature, but + according to nature, being the rule of law over willing subjects, and not + a rule of compulsion. + </p> + <p> + CLEINIAS: Most true. + </p> + <p> + ATHENIAN: There is a seventh kind of rule which is awarded by lot, and is + dear to the Gods and a token of good fortune: he on whom the lot falls is + a ruler, and he who fails in obtaining the lot goes away and is the + subject; and this we affirm to be quite just. + </p> + <p> + CLEINIAS: Certainly. + </p> + <p> + ATHENIAN: 'Then now,' as we say playfully to any of those who lightly + undertake the making of laws, 'you see, legislator, the principles of + government, how many they are, and that they are naturally opposed to each + other. There we have discovered a fountain-head of seditions, to which you + must attend. And, first, we will ask you to consider with us, how and in + what respect the kings of Argos and Messene violated these our maxims, and + ruined themselves and the great and famous Hellenic power of the olden + time. Was it because they did not know how wisely Hesiod spoke when he + said that the half is often more than the whole? His meaning was, that + when to take the whole would be dangerous, and to take the half would be + the safe and moderate course, then the moderate or better was more than + the immoderate or worse.' + </p> + <p> + CLEINIAS: Very true. + </p> + <p> + ATHENIAN: And may we suppose this immoderate spirit to be more fatal when + found among kings than when among peoples? + </p> + <p> + CLEINIAS: The probability is that ignorance will be a disorder especially + prevalent among kings, because they lead a proud and luxurious life. + </p> + <p> + ATHENIAN: Is it not palpable that the chief aim of the kings of that time + was to get the better of the established laws, and that they were not in + harmony with the principles which they had agreed to observe by word and + oath? This want of harmony may have had the appearance of wisdom, but was + really, as we assert, the greatest ignorance, and utterly overthrew the + whole empire by dissonance and harsh discord. + </p> + <p> + CLEINIAS: Very likely. + </p> + <p> + ATHENIAN: Good; and what measures ought the legislator to have then taken + in order to avert this calamity? Truly there is no great wisdom in + knowing, and no great difficulty in telling, after the evil has happened; + but to have foreseen the remedy at the time would have taken a much wiser + head than ours. + </p> + <p> + MEGILLUS: What do you mean? + </p> + <p> + ATHENIAN: Any one who looks at what has occurred with you Lacedaemonians, + Megillus, may easily know and may easily say what ought to have been done + at that time. + </p> + <p> + MEGILLUS: Speak a little more clearly. + </p> + <p> + ATHENIAN: Nothing can be clearer than the observation which I am about to + make. + </p> + <p> + MEGILLUS: What is it? + </p> + <p> + ATHENIAN: That if any one gives too great a power to anything, too large a + sail to a vessel, too much food to the body, too much authority to the + mind, and does not observe the mean, everything is overthrown, and, in the + wantonness of excess, runs in the one case to disorders, and in the other + to injustice, which is the child of excess. I mean to say, my dear + friends, that there is no soul of man, young and irresponsible, who will + be able to sustain the temptation of arbitrary power—no one who will + not, under such circumstances, become filled with folly, that worst of + diseases, and be hated by his nearest and dearest friends: when this + happens his kingdom is undermined, and all his power vanishes from him. + And great legislators who know the mean should take heed of the danger. As + far as we can guess at this distance of time, what happened was as + follows:— + </p> + <p> + MEGILLUS: What? + </p> + <p> + ATHENIAN: A God, who watched over Sparta, seeing into the future, gave you + two families of kings instead of one; and thus brought you more within the + limits of moderation. In the next place, some human wisdom mingled with + divine power, observing that the constitution of your government was still + feverish and excited, tempered your inborn strength and pride of birth + with the moderation which comes of age, making the power of your + twenty-eight elders equal with that of the kings in the most important + matters. But your third saviour, perceiving that your government was still + swelling and foaming, and desirous to impose a curb upon it, instituted + the Ephors, whose power he made to resemble that of magistrates elected by + lot; and by this arrangement the kingly office, being compounded of the + right elements and duly moderated, was preserved, and was the means of + preserving all the rest. Since, if there had been only the original + legislators, Temenus, Cresphontes, and their contemporaries, as far as + they were concerned not even the portion of Aristodemus would have been + preserved; for they had no proper experience in legislation, or they would + surely not have imagined that oaths would moderate a youthful spirit + invested with a power which might be converted into a tyranny. Now that + God has instructed us what sort of government would have been or will be + lasting, there is no wisdom, as I have already said, in judging after the + event; there is no difficulty in learning from an example which has + already occurred. But if any one could have foreseen all this at the time, + and had been able to moderate the government of the three kingdoms and + unite them into one, he might have saved all the excellent institutions + which were then conceived; and no Persian or any other armament would have + dared to attack us, or would have regarded Hellas as a power to be + despised. + </p> + <p> + CLEINIAS: True. + </p> + <p> + ATHENIAN: There was small credit to us, Cleinias, in defeating them; and + the discredit was, not that the conquerors did not win glorious victories + both by land and sea, but what, in my opinion, brought discredit was, + first of all, the circumstance that of the three cities one only fought on + behalf of Hellas, and the two others were so utterly good for nothing that + the one was waging a mighty war against Lacedaemon, and was thus + preventing her from rendering assistance, while the city of Argos, which + had the precedence at the time of the distribution, when asked to aid in + repelling the barbarian, would not answer to the call, or give aid. Many + things might be told about Hellas in connexion with that war which are far + from honourable; nor, indeed, can we rightly say that Hellas repelled the + invader; for the truth is, that unless the Athenians and Lacedaemonians, + acting in concert, had warded off the impending yoke, all the tribes of + Hellas would have been fused in a chaos of Hellenes mingling with one + another, of barbarians mingling with Hellenes, and Hellenes with + barbarians; just as nations who are now subject to the Persian power, + owing to unnatural separations and combinations of them, are dispersed and + scattered, and live miserably. These, Cleinias and Megillus, are the + reproaches which we have to make against statesmen and legislators, as + they are called, past and present, if we would analyse the causes of their + failure, and find out what else might have been done. We said, for + instance, just now, that there ought to be no great and unmixed powers; + and this was under the idea that a state ought to be free and wise and + harmonious, and that a legislator ought to legislate with a view to this + end. Nor is there any reason to be surprised at our continually proposing + aims for the legislator which appear not to be always the same; but we + should consider when we say that temperance is to be the aim, or wisdom is + to be the aim, or friendship is to be the aim, that all these aims are + really the same; and if so, a variety in the modes of expression ought not + to disturb us. + </p> + <p> + CLEINIAS: Let us resume the argument in that spirit. And now, speaking of + friendship and wisdom and freedom, I wish that you would tell me at what, + in your opinion, the legislator should aim. + </p> + <p> + ATHENIAN: Hear me, then: there are two mother forms of states from which + the rest may be truly said to be derived; and one of them may be called + monarchy and the other democracy: the Persians have the highest form of + the one, and we of the other; almost all the rest, as I was saying, are + variations of these. Now, if you are to have liberty and the combination + of friendship with wisdom, you must have both these forms of government in + a measure; the argument emphatically declares that no city can be well + governed which is not made up of both. + </p> + <p> + CLEINIAS: Impossible. + </p> + <p> + ATHENIAN: Neither the one, if it be exclusively and excessively attached + to monarchy, nor the other, if it be similarly attached to freedom, + observes moderation; but your states, the Laconian and Cretan, have more + of it; and the same was the case with the Athenians and Persians of old + time, but now they have less. Shall I tell you why? + </p> + <p> + CLEINIAS: By all means, if it will tend to elucidate our subject. + </p> + <p> + ATHENIAN: Hear, then:—There was a time when the Persians had more of + the state which is a mean between slavery and freedom. In the reign of + Cyrus they were freemen and also lords of many others: the rulers gave a + share of freedom to the subjects, and being treated as equals, the + soldiers were on better terms with their generals, and showed themselves + more ready in the hour of danger. And if there was any wise man among + them, who was able to give good counsel, he imparted his wisdom to the + public; for the king was not jealous, but allowed him full liberty of + speech, and gave honour to those who could advise him in any matter. And + the nation waxed in all respects, because there was freedom and friendship + and communion of mind among them. + </p> + <p> + CLEINIAS: That certainly appears to have been the case. + </p> + <p> + ATHENIAN: How, then, was this advantage lost under Cambyses, and again + recovered under Darius? Shall I try to divine? + </p> + <p> + CLEINIAS: The enquiry, no doubt, has a bearing upon our subject. + </p> + <p> + ATHENIAN: I imagine that Cyrus, though a great and patriotic general, had + never given his mind to education, and never attended to the order of his + household. + </p> + <p> + CLEINIAS: What makes you say so? + </p> + <p> + ATHENIAN: I think that from his youth upwards he was a soldier, and + entrusted the education of his children to the women; and they brought + them up from their childhood as the favourites of fortune, who were + blessed already, and needed no more blessings. They thought that they were + happy enough, and that no one should be allowed to oppose them in any way, + and they compelled every one to praise all that they said or did. This was + how they brought them up. + </p> + <p> + CLEINIAS: A splendid education truly! + </p> + <p> + ATHENIAN: Such an one as women were likely to give them, and especially + princesses who had recently grown rich, and in the absence of the men, + too, who were occupied in wars and dangers, and had no time to look after + them. + </p> + <p> + CLEINIAS: What would you expect? + </p> + <p> + ATHENIAN: Their father had possessions of cattle and sheep, and many herds + of men and other animals, but he did not consider that those to whom he + was about to make them over were not trained in his own calling, which was + Persian; for the Persians are shepherds—sons of a rugged land, which + is a stern mother, and well fitted to produce a sturdy race able to live + in the open air and go without sleep, and also to fight, if fighting is + required (compare Arist. Pol.). He did not observe that his sons were + trained differently; through the so-called blessing of being royal they + were educated in the Median fashion by women and eunuchs, which led to + their becoming such as people do become when they are brought up + unreproved. And so, after the death of Cyrus, his sons, in the fulness of + luxury and licence, took the kingdom, and first one slew the other because + he could not endure a rival; and, afterwards, the slayer himself, mad with + wine and brutality, lost his kingdom through the Medes and the Eunuch, as + they called him, who despised the folly of Cambyses. + </p> + <p> + CLEINIAS: So runs the tale, and such probably were the facts. + </p> + <p> + ATHENIAN: Yes; and the tradition says, that the empire came back to the + Persians, through Darius and the seven chiefs. + </p> + <p> + CLEINIAS: True. + </p> + <p> + ATHENIAN: Let us note the rest of the story. Observe, that Darius was not + the son of a king, and had not received a luxurious education. When he + came to the throne, being one of the seven, he divided the country into + seven portions, and of this arrangement there are some shadowy traces + still remaining; he made laws upon the principle of introducing universal + equality in the order of the state, and he embodied in his laws the + settlement of the tribute which Cyrus promised,—thus creating a + feeling of friendship and community among all the Persians, and attaching + the people to him with money and gifts. Hence his armies cheerfully + acquired for him countries as large as those which Cyrus had left behind + him. Darius was succeeded by his son Xerxes; and he again was brought up + in the royal and luxurious fashion. Might we not most justly say: 'O + Darius, how came you to bring up Xerxes in the same way in which Cyrus + brought up Cambyses, and not to see his fatal mistake?' For Xerxes, being + the creation of the same education, met with much the same fortune as + Cambyses; and from that time until now there has never been a really great + king among the Persians, although they are all called Great. And their + degeneracy is not to be attributed to chance, as I maintain; the reason is + rather the evil life which is generally led by the sons of very rich and + royal persons; for never will boy or man, young or old, excel in virtue, + who has been thus educated. And this, I say, is what the legislator has to + consider, and what at the present moment has to be considered by us. + Justly may you, O Lacedaemonians, be praised, in that you do not give + special honour or a special education to wealth rather than to poverty, or + to a royal rather than to a private station, where the divine and inspired + lawgiver has not originally commanded them to be given. For no man ought + to have pre-eminent honour in a state because he surpasses others in + wealth, any more than because he is swift of foot or fair or strong, + unless he have some virtue in him; nor even if he have virtue, unless he + have this particular virtue of temperance. + </p> + <p> + MEGILLUS: What do you mean, Stranger? + </p> + <p> + ATHENIAN: I suppose that courage is a part of virtue? + </p> + <p> + MEGILLUS: To be sure. + </p> + <p> + ATHENIAN: Then, now hear and judge for yourself:—Would you like to + have for a fellow-lodger or neighbour a very courageous man, who had no + control over himself? + </p> + <p> + MEGILLUS: Heaven forbid! + </p> + <p> + ATHENIAN: Or an artist, who was clever in his profession, but a rogue? + </p> + <p> + MEGILLUS: Certainly not. + </p> + <p> + ATHENIAN: And surely justice does not grow apart from temperance? + </p> + <p> + MEGILLUS: Impossible. + </p> + <p> + ATHENIAN: Any more than our pattern wise man, whom we exhibited as having + his pleasures and pains in accordance with and corresponding to true + reason, can be intemperate? + </p> + <p> + MEGILLUS: No. + </p> + <p> + ATHENIAN: There is a further consideration relating to the due and undue + award of honours in states. + </p> + <p> + MEGILLUS: What is it? + </p> + <p> + ATHENIAN: I should like to know whether temperance without the other + virtues, existing alone in the soul of man, is rightly to be praised or + blamed? + </p> + <p> + MEGILLUS: I cannot tell. + </p> + <p> + ATHENIAN: And that is the best answer; for whichever alternative you had + chosen, I think that you would have gone wrong. + </p> + <p> + MEGILLUS: I am fortunate. + </p> + <p> + ATHENIAN: Very good; a quality, which is a mere appendage of things which + can be praised or blamed, does not deserve an expression of opinion, but + is best passed over in silence. + </p> + <p> + MEGILLUS: You are speaking of temperance? + </p> + <p> + ATHENIAN: Yes; but of the other virtues, that which having this appendage + is also most beneficial, will be most deserving of honour, and next that + which is beneficial in the next degree; and so each of them will be + rightly honoured according to a regular order. + </p> + <p> + MEGILLUS: True. + </p> + <p> + ATHENIAN: And ought not the legislator to determine these classes? + </p> + <p> + MEGILLUS: Certainly he should. + </p> + <p> + ATHENIAN: Suppose that we leave to him the arrangement of details. But the + general division of laws according to their importance into a first and + second and third class, we who are lovers of law may make ourselves. + </p> + <p> + MEGILLUS: Very good. + </p> + <p> + ATHENIAN: We maintain, then, that a State which would be safe and happy, + as far as the nature of man allows, must and ought to distribute honour + and dishonour in the right way. And the right way is to place the goods of + the soul first and highest in the scale, always assuming temperance to be + the condition of them; and to assign the second place to the goods of the + body; and the third place to money and property. And if any legislator or + state departs from this rule by giving money the place of honour, or in + any way preferring that which is really last, may we not say, that he or + the state is doing an unholy and unpatriotic thing? + </p> + <p> + MEGILLUS: Yes; let that be plainly declared. + </p> + <p> + ATHENIAN: The consideration of the Persian governments led us thus far to + enlarge. We remarked that the Persians grew worse and worse. And we affirm + the reason of this to have been, that they too much diminished the freedom + of the people, and introduced too much of despotism, and so destroyed + friendship and community of feeling. And when there is an end of these, no + longer do the governors govern on behalf of their subjects or of the + people, but on behalf of themselves; and if they think that they can gain + ever so small an advantage for themselves, they devastate cities, and send + fire and desolation among friendly races. And as they hate ruthlessly and + horribly, so are they hated; and when they want the people to fight for + them, they find no community of feeling or willingness to risk their lives + on their behalf; their untold myriads are useless to them on the field of + battle, and they think that their salvation depends on the employment of + mercenaries and strangers whom they hire, as if they were in want of more + men. And they cannot help being stupid, since they proclaim by their + actions that the ordinary distinctions of right and wrong which are made + in a state are a trifle, when compared with gold and silver. + </p> + <p> + MEGILLUS: Quite true. + </p> + <p> + ATHENIAN: And now enough of the Persians, and their present + mal-administration of their government, which is owing to the excess of + slavery and despotism among them. + </p> + <p> + MEGILLUS: Good. + </p> + <p> + ATHENIAN: Next, we must pass in review the government of Attica in like + manner, and from this show that entire freedom and the absence of all + superior authority is not by any means so good as government by others + when properly limited, which was our ancient Athenian constitution at the + time when the Persians made their attack on Hellas, or, speaking more + correctly, on the whole continent of Europe. There were four classes, + arranged according to a property census, and reverence was our queen and + mistress, and made us willing to live in obedience to the laws which then + prevailed. Also the vastness of the Persian armament, both by sea and on + land, caused a helpless terror, which made us more and more the servants + of our rulers and of the laws; and for all these reasons an exceeding + harmony prevailed among us. About ten years before the naval engagement at + Salamis, Datis came, leading a Persian host by command of Darius, which + was expressly directed against the Athenians and Eretrians, having orders + to carry them away captive; and these orders he was to execute under pain + of death. Now Datis and his myriads soon became complete masters of + Eretria, and he sent a fearful report to Athens that no Eretrian had + escaped him; for the soldiers of Datis had joined hands and netted the + whole of Eretria. And this report, whether well or ill founded, was + terrible to all the Hellenes, and above all to the Athenians, and they + dispatched embassies in all directions, but no one was willing to come to + their relief, with the exception of the Lacedaemonians; and they, either + because they were detained by the Messenian war, which was then going on, + or for some other reason of which we are not told, came a day too late for + the battle of Marathon. After a while, the news arrived of mighty + preparations being made, and innumerable threats came from the king. Then, + as time went on, a rumour reached us that Darius had died, and that his + son, who was young and hot-headed, had come to the throne and was + persisting in his design. The Athenians were under the impression that the + whole expedition was directed against them, in consequence of the battle + of Marathon; and hearing of the bridge over the Hellespont, and the canal + of Athos, and the host of ships, considering that there was no salvation + for them either by land or by sea, for there was no one to help them, and + remembering that in the first expedition, when the Persians destroyed + Eretria, no one came to their help, or would risk the danger of an + alliance with them, they thought that this would happen again, at least on + land; nor, when they looked to the sea, could they descry any hope of + salvation; for they were attacked by a thousand vessels and more. One + chance of safety remained, slight indeed and desperate, but their only + one. They saw that on the former occasion they had gained a seemingly + impossible victory, and borne up by this hope, they found that their only + refuge was in themselves and in the Gods. All these things created in them + the spirit of friendship; there was the fear of the moment, and there was + that higher fear, which they had acquired by obedience to their ancient + laws, and which I have several times in the preceding discourse called + reverence, of which the good man ought to be a willing servant, and of + which the coward is independent and fearless. If this fear had not + possessed them, they would never have met the enemy, or defended their + temples and sepulchres and their country, and everything that was near and + dear to them, as they did; but little by little they would have been all + scattered and dispersed. + </p> + <p> + MEGILLUS: Your words, Athenian, are quite true, and worthy of yourself and + of your country. + </p> + <p> + ATHENIAN: They are true, Megillus; and to you, who have inherited the + virtues of your ancestors, I may properly speak of the actions of that + day. And I would wish you and Cleinias to consider whether my words have + not also a bearing on legislation; for I am not discoursing only for the + pleasure of talking, but for the argument's sake. Please to remark that + the experience both of ourselves and the Persians was, in a certain sense, + the same; for as they led their people into utter servitude, so we too led + ours into all freedom. And now, how shall we proceed? for I would like you + to observe that our previous arguments have good deal to say for + themselves. + </p> + <p> + MEGILLUS: True; but I wish that you would give us a fuller explanation. + </p> + <p> + ATHENIAN: I will. Under the ancient laws, my friends, the people was not + as now the master, but rather the willing servant of the laws. + </p> + <p> + MEGILLUS: What laws do you mean? + </p> + <p> + ATHENIAN: In the first place, let us speak of the laws about music,—that + is to say, such music as then existed—in order that we may trace the + growth of the excess of freedom from the beginning. Now music was early + divided among us into certain kinds and manners. One sort consisted of + prayers to the Gods, which were called hymns; and there was another and + opposite sort called lamentations, and another termed paeans, and another, + celebrating the birth of Dionysus, called, I believe, 'dithyrambs.' And + they used the actual word 'laws,' or nomoi, for another kind of song; and + to this they added the term 'citharoedic.' All these and others were duly + distinguished, nor were the performers allowed to confuse one style of + music with another. And the authority which determined and gave judgment, + and punished the disobedient, was not expressed in a hiss, nor in the most + unmusical shouts of the multitude, as in our days, nor in applause and + clapping of hands. But the directors of public instruction insisted that + the spectators should listen in silence to the end; and boys and their + tutors, and the multitude in general, were kept quiet by a hint from a + stick. Such was the good order which the multitude were willing to + observe; they would never have dared to give judgment by noisy cries. And + then, as time went on, the poets themselves introduced the reign of vulgar + and lawless innovation. They were men of genius, but they had no + perception of what is just and lawful in music; raging like Bacchanals and + possessed with inordinate delights—mingling lamentations with hymns, + and paeans with dithyrambs; imitating the sounds of the flute on the lyre, + and making one general confusion; ignorantly affirming that music has no + truth, and, whether good or bad, can only be judged of rightly by the + pleasure of the hearer (compare Republic). And by composing such + licentious works, and adding to them words as licentious, they have + inspired the multitude with lawlessness and boldness, and made them fancy + that they can judge for themselves about melody and song. And in this way + the theatres from being mute have become vocal, as though they had + understanding of good and bad in music and poetry; and instead of an + aristocracy, an evil sort of theatrocracy has grown up (compare Arist. + Pol.). For if the democracy which judged had only consisted of educated + persons, no fatal harm would have been done; but in music there first + arose the universal conceit of omniscience and general lawlessness;—freedom + came following afterwards, and men, fancying that they knew what they did + not know, had no longer any fear, and the absence of fear begets + shamelessness. For what is this shamelessness, which is so evil a thing, + but the insolent refusal to regard the opinion of the better by reason of + an over-daring sort of liberty? + </p> + <p> + MEGILLUS: Very true. + </p> + <p> + ATHENIAN: Consequent upon this freedom comes the other freedom, of + disobedience to rulers (compare Republic); and then the attempt to escape + the control and exhortation of father, mother, elders, and when near the + end, the control of the laws also; and at the very end there is the + contempt of oaths and pledges, and no regard at all for the Gods,—herein + they exhibit and imitate the old so-called Titanic nature, and come to the + same point as the Titans when they rebelled against God, leading a life of + endless evils. But why have I said all this? I ask, because the argument + ought to be pulled up from time to time, and not be allowed to run away, + but held with bit and bridle, and then we shall not, as the proverb says, + fall off our ass. Let us then once more ask the question, To what end has + all this been said? + </p> + <p> + MEGILLUS: Very good. + </p> + <p> + ATHENIAN: This, then, has been said for the sake— + </p> + <p> + MEGILLUS: Of what? + </p> + <p> + ATHENIAN: We were maintaining that the lawgiver ought to have three things + in view: first, that the city for which he legislates should be free; and + secondly, be at unity with herself; and thirdly, should have + understanding;—these were our principles, were they not? + </p> + <p> + MEGILLUS: Certainly. + </p> + <p> + ATHENIAN: With a view to this we selected two kinds of government, the one + the most despotic, and the other the most free; and now we are considering + which of them is the right form: we took a mean in both cases, of + despotism in the one, and of liberty in the other, and we saw that in a + mean they attained their perfection; but that when they were carried to + the extreme of either, slavery or licence, neither party were the gainers. + </p> + <p> + MEGILLUS: Very true. + </p> + <p> + ATHENIAN: And that was our reason for considering the settlement of the + Dorian army, and of the city built by Dardanus at the foot of the + mountains, and the removal of cities to the seashore, and of our mention + of the first men, who were the survivors of the deluge. And all that was + previously said about music and drinking, and what preceded, was said with + the view of seeing how a state might be best administered, and how an + individual might best order his own life. And now, Megillus and Cleinias, + how can we put to the proof the value of our words? + </p> + <p> + CLEINIAS: Stranger, I think that I see how a proof of their value may be + obtained. This discussion of ours appears to me to have been singularly + fortunate, and just what I at this moment want; most auspiciously have you + and my friend Megillus come in my way. For I will tell you what has + happened to me; and I regard the coincidence as a sort of omen. The + greater part of Crete is going to send out a colony, and they have + entrusted the management of the affair to the Cnosians; and the Cnosian + government to me and nine others. And they desire us to give them any laws + which we please, whether taken from the Cretan model or from any other; + and they do not mind about their being foreign if they are better. Grant + me then this favour, which will also be a gain to yourselves:—Let us + make a selection from what has been said, and then let us imagine a State + of which we will suppose ourselves to be the original founders. Thus we + shall proceed with our enquiry, and, at the same time, I may have the use + of the framework which you are constructing, for the city which is in + contemplation. + </p> + <p> + ATHENIAN: Good news, Cleinias; if Megillus has no objection, you may be + sure that I will do all in my power to please you. + </p> + <p> + CLEINIAS: Thank you. + </p> + <p> + MEGILLUS: And so will I. + </p> + <p> + CLEINIAS: Excellent; and now let us begin to frame the State. + </p> + <p> + <a name="link2H_4_0007" id="link2H_4_0007"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + BOOK IV. + </h2> + <p> + ATHENIAN: And now, what will this city be? I do not mean to ask what is or + will hereafter be the name of the place; that may be determined by the + accident of locality or of the original settlement—a river or + fountain, or some local deity may give the sanction of a name to the + newly-founded city; but I do want to know what the situation is, whether + maritime or inland. + </p> + <p> + CLEINIAS: I should imagine, Stranger, that the city of which we are + speaking is about eighty stadia distant from the sea. + </p> + <p> + ATHENIAN: And are there harbours on the seaboard? + </p> + <p> + CLEINIAS: Excellent harbours, Stranger; there could not be better. + </p> + <p> + ATHENIAN: Alas! what a prospect! And is the surrounding country + productive, or in need of importations? + </p> + <p> + CLEINIAS: Hardly in need of anything. + </p> + <p> + ATHENIAN: And is there any neighbouring State? + </p> + <p> + CLEINIAS: None whatever, and that is the reason for selecting the place; + in days of old, there was a migration of the inhabitants, and the region + has been deserted from time immemorial. + </p> + <p> + ATHENIAN: And has the place a fair proportion of hill, and plain, and + wood? + </p> + <p> + CLEINIAS: Like the rest of Crete in that. + </p> + <p> + ATHENIAN: You mean to say that there is more rock than plain? + </p> + <p> + CLEINIAS: Exactly. + </p> + <p> + ATHENIAN: Then there is some hope that your citizens may be virtuous: had + you been on the sea, and well provided with harbours, and an importing + rather than a producing country, some mighty saviour would have been + needed, and lawgivers more than mortal, if you were ever to have a chance + of preserving your state from degeneracy and discordance of manners + (compare Ar. Pol.). But there is comfort in the eighty stadia; although + the sea is too near, especially if, as you say, the harbours are so good. + Still we may be content. The sea is pleasant enough as a daily companion, + but has indeed also a bitter and brackish quality; filling the streets + with merchants and shopkeepers, and begetting in the souls of men + uncertain and unfaithful ways—making the state unfriendly and + unfaithful both to her own citizens, and also to other nations. There is a + consolation, therefore, in the country producing all things at home; and + yet, owing to the ruggedness of the soil, not providing anything in great + abundance. Had there been abundance, there might have been a great export + trade, and a great return of gold and silver; which, as we may safely + affirm, has the most fatal results on a State whose aim is the attainment + of just and noble sentiments: this was said by us, if you remember, in the + previous discussion. + </p> + <p> + CLEINIAS: I remember, and am of opinion that we both were and are in the + right. + </p> + <p> + ATHENIAN: Well, but let me ask, how is the country supplied with timber + for ship-building? + </p> + <p> + CLEINIAS: There is no fir of any consequence, nor pine, and not much + cypress; and you will find very little stone-pine or plane-wood, which + shipwrights always require for the interior of ships. + </p> + <p> + ATHENIAN: These are also natural advantages. + </p> + <p> + CLEINIAS: Why so? + </p> + <p> + ATHENIAN: Because no city ought to be easily able to imitate its enemies + in what is mischievous. + </p> + <p> + CLEINIAS: How does that bear upon any of the matters of which we have been + speaking? + </p> + <p> + ATHENIAN: Remember, my good friend, what I said at first about the Cretan + laws, that they looked to one thing only, and this, as you both agreed, + was war; and I replied that such laws, in so far as they tended to promote + virtue, were good; but in that they regarded a part only, and not the + whole of virtue, I disapproved of them. And now I hope that you in your + turn will follow and watch me if I legislate with a view to anything but + virtue, or with a view to a part of virtue only. For I consider that the + true lawgiver, like an archer, aims only at that on which some eternal + beauty is always attending, and dismisses everything else, whether wealth + or any other benefit, when separated from virtue. I was saying that the + imitation of enemies was a bad thing; and I was thinking of a case in + which a maritime people are harassed by enemies, as the Athenians were by + Minos (I do not speak from any desire to recall past grievances); but he, + as we know, was a great naval potentate, who compelled the inhabitants of + Attica to pay him a cruel tribute; and in those days they had no ships of + war as they now have, nor was the country filled with ship-timber, and + therefore they could not readily build them. Hence they could not learn + how to imitate their enemy at sea, and in this way, becoming sailors + themselves, directly repel their enemies. Better for them to have lost + many times over the seven youths, than that heavy-armed and stationary + troops should have been turned into sailors, and accustomed to be often + leaping on shore, and again to come running back to their ships; or should + have fancied that there was no disgrace in not awaiting the attack of an + enemy and dying boldly; and that there were good reasons, and plenty of + them, for a man throwing away his arms, and betaking himself to flight,—which + is not dishonourable, as people say, at certain times. This is the + language of naval warfare, and is anything but worthy of extraordinary + praise. For we should not teach bad habits, least of all to the best part + of the citizens. You may learn the evil of such a practice from Homer, by + whom Odysseus is introduced, rebuking Agamemnon, because he desires to + draw down the ships to the sea at a time when the Achaeans are hard + pressed by the Trojans,—he gets angry with him, and says: + </p> + <p> + 'Who, at a time when the battle is in full cry, biddest to drag the + well-benched ships into the sea, that the prayers of the Trojans may be + accomplished yet more, and high ruin fall upon us. For the Achaeans will + not maintain the battle, when the ships are drawn into the sea, but they + will look behind and will cease from strife; in that the counsel which you + give will prove injurious.' + </p> + <p> + You see that he quite knew triremes on the sea, in the neighbourhood of + fighting men, to be an evil;—lions might be trained in that way to + fly from a herd of deer. Moreover, naval powers which owe their safety to + ships, do not give honour to that sort of warlike excellence which is most + deserving of it. For he who owes his safety to the pilot and the captain, + and the oarsman, and all sorts of rather inferior persons, cannot rightly + give honour to whom honour is due. But how can a state be in a right + condition which cannot justly award honour? + </p> + <p> + CLEINIAS: It is hardly possible, I admit; and yet, Stranger, we Cretans + are in the habit of saying that the battle of Salamis was the salvation of + Hellas. + </p> + <p> + ATHENIAN: Why, yes; and that is an opinion which is widely spread both + among Hellenes and barbarians. But Megillus and I say rather, that the + battle of Marathon was the beginning, and the battle of Plataea the + completion, of the great deliverance, and that these battles by land made + the Hellenes better; whereas the sea-fights of Salamis and Artemisium—for + I may as well put them both together—made them no better, if I may + say so without offence about the battles which helped to save us. And in + estimating the goodness of a state, we regard both the situation of the + country and the order of the laws, considering that the mere preservation + and continuance of life is not the most honourable thing for men, as the + vulgar think, but the continuance of the best life, while we live; and + that again, if I am not mistaken, is a remark which has been made already. + </p> + <p> + CLEINIAS: Yes. + </p> + <p> + ATHENIAN: Then we have only to ask, whether we are taking the course which + we acknowledge to be the best for the settlement and legislation of + states. + </p> + <p> + CLEINIAS: The best by far. + </p> + <p> + ATHENIAN: And now let me proceed to another question: Who are to be the + colonists? May any one come out of all Crete; and is the idea that the + population in the several states is too numerous for the means of + subsistence? For I suppose that you are not going to send out a general + invitation to any Hellene who likes to come. And yet I observe that to + your country settlers have come from Argos and Aegina and other parts of + Hellas. Tell me, then, whence do you draw your recruits in the present + enterprise? + </p> + <p> + CLEINIAS: They will come from all Crete; and of other Hellenes, + Peloponnesians will be most acceptable. For, as you truly observe, there + are Cretans of Argive descent; and the race of Cretans which has the + highest character at the present day is the Gortynian, and this has come + from Gortys in the Peloponnesus. + </p> + <p> + ATHENIAN: Cities find colonization in some respects easier if the + colonists are one race, which like a swarm of bees is sent out from a + single country, either when friends leave friends, owing to some pressure + of population or other similar necessity, or when a portion of a state is + driven by factions to emigrate. And there have been whole cities which + have taken flight when utterly conquered by a superior power in war. This, + however, which is in one way an advantage to the colonist or legislator, + in another point of view creates a difficulty. There is an element of + friendship in the community of race, and language, and laws, and in common + temples and rites of worship; but colonies which are of this homogeneous + sort are apt to kick against any laws or any form of constitution + differing from that which they had at home; and although the badness of + their own laws may have been the cause of the factions which prevailed + among them, yet from the force of habit they would fain preserve the very + customs which were their ruin, and the leader of the colony, who is their + legislator, finds them troublesome and rebellious. On the other hand, the + conflux of several populations might be more disposed to listen to new + laws; but then, to make them combine and pull together, as they say of + horses, is a most difficult task, and the work of years. And yet there is + nothing which tends more to the improvement of mankind than legislation + and colonization. + </p> + <p> + CLEINIAS: No doubt; but I should like to know why you say so. + </p> + <p> + ATHENIAN: My good friend, I am afraid that the course of my speculations + is leading me to say something depreciatory of legislators; but if the + word be to the purpose, there can be no harm. And yet, why am I + disquieted, for I believe that the same principle applies equally to all + human things? + </p> + <p> + CLEINIAS: To what are you referring? + </p> + <p> + ATHENIAN: I was going to say that man never legislates, but accidents of + all sorts, which legislate for us in all sorts of ways. The violence of + war and the hard necessity of poverty are constantly overturning + governments and changing laws. And the power of disease has often caused + innovations in the state, when there have been pestilences, or when there + has been a succession of bad seasons continuing during many years. Any one + who sees all this, naturally rushes to the conclusion of which I was + speaking, that no mortal legislates in anything, but that in human affairs + chance is almost everything. And this may be said of the arts of the + sailor, and the pilot, and the physician, and the general, and may seem to + be well said; and yet there is another thing which may be said with equal + truth of all of them. + </p> + <p> + CLEINIAS: What is it? + </p> + <p> + ATHENIAN: That God governs all things, and that chance and opportunity + co-operate with Him in the government of human affairs. There is, however, + a third and less extreme view, that art should be there also; for I should + say that in a storm there must surely be a great advantage in having the + aid of the pilot's art. You would agree? + </p> + <p> + CLEINIAS: Yes. + </p> + <p> + ATHENIAN: And does not a like principle apply to legislation as well as to + other things: even supposing all the conditions to be favourable which are + needed for the happiness of the state, yet the true legislator must from + time to time appear on the scene? + </p> + <p> + CLEINIAS: Most true. + </p> + <p> + ATHENIAN: In each case the artist would be able to pray rightly for + certain conditions, and if these were granted by fortune, he would then + only require to exercise his art? + </p> + <p> + CLEINIAS: Certainly. + </p> + <p> + ATHENIAN: And all the other artists just now mentioned, if they were + bidden to offer up each their special prayer, would do so? + </p> + <p> + CLEINIAS: Of course. + </p> + <p> + ATHENIAN: And the legislator would do likewise? + </p> + <p> + CLEINIAS: I believe that he would. + </p> + <p> + ATHENIAN: 'Come, legislator,' we will say to him; 'what are the conditions + which you require in a state before you can organize it?' How ought he to + answer this question? Shall I give his answer? + </p> + <p> + CLEINIAS: Yes. + </p> + <p> + ATHENIAN: He will say—'Give me a state which is governed by a + tyrant, and let the tyrant be young and have a good memory; let him be + quick at learning, and of a courageous and noble nature; let him have that + quality which, as I said before, is the inseparable companion of all the + other parts of virtue, if there is to be any good in them.' + </p> + <p> + CLEINIAS: I suppose, Megillus, that this companion virtue of which the + Stranger speaks, must be temperance? + </p> + <p> + ATHENIAN: Yes, Cleinias, temperance in the vulgar sense; not that which in + the forced and exaggerated language of some philosophers is called + prudence, but that which is the natural gift of children and animals, of + whom some live continently and others incontinently, but when isolated, + was, as we said, hardly worth reckoning in the catalogue of goods. I think + that you must understand my meaning. + </p> + <p> + CLEINIAS: Certainly. + </p> + <p> + ATHENIAN: Then our tyrant must have this as well as the other qualities, + if the state is to acquire in the best manner and in the shortest time the + form of government which is most conducive to happiness; for there neither + is nor ever will be a better or speedier way of establishing a polity than + by a tyranny. + </p> + <p> + CLEINIAS: By what possible arguments, Stranger, can any man persuade + himself of such a monstrous doctrine? + </p> + <p> + ATHENIAN: There is surely no difficulty in seeing, Cleinias, what is in + accordance with the order of nature? + </p> + <p> + CLEINIAS: You would assume, as you say, a tyrant who was young, temperate, + quick at learning, having a good memory, courageous, of a noble nature? + </p> + <p> + ATHENIAN: Yes; and you must add fortunate; and his good fortune must be + that he is the contemporary of a great legislator, and that some happy + chance brings them together. When this has been accomplished, God has done + all that he ever does for a state which he desires to be eminently + prosperous; He has done second best for a state in which there are two + such rulers, and third best for a state in which there are three. The + difficulty increases with the increase, and diminishes with the diminution + of the number. + </p> + <p> + CLEINIAS: You mean to say, I suppose, that the best government is produced + from a tyranny, and originates in a good lawgiver and an orderly tyrant, + and that the change from such a tyranny into a perfect form of government + takes place most easily; less easily when from an oligarchy; and, in the + third degree, from a democracy: is not that your meaning? + </p> + <p> + ATHENIAN: Not so; I mean rather to say that the change is best made out of + a tyranny; and secondly, out of a monarchy; and thirdly, out of some sort + of democracy: fourth, in the capacity for improvement, comes oligarchy, + which has the greatest difficulty in admitting of such a change, because + the government is in the hands of a number of potentates. I am supposing + that the legislator is by nature of the true sort, and that his strength + is united with that of the chief men of the state; and when the ruling + element is numerically small, and at the same time very strong, as in a + tyranny, there the change is likely to be easiest and most rapid. + </p> + <p> + CLEINIAS: How? I do not understand. + </p> + <p> + ATHENIAN: And yet I have repeated what I am saying a good many times; but + I suppose that you have never seen a city which is under a tyranny? + </p> + <p> + CLEINIAS: No, and I cannot say that I have any great desire to see one. + </p> + <p> + ATHENIAN: And yet, where there is a tyranny, you might certainly see that + of which I am now speaking. + </p> + <p> + CLEINIAS: What do you mean? + </p> + <p> + ATHENIAN: I mean that you might see how, without trouble and in no very + long period of time, the tyrant, if he wishes, can change the manners of a + state: he has only to go in the direction of virtue or of vice, whichever + he prefers, he himself indicating by his example the lines of conduct, + praising and rewarding some actions and reproving others, and degrading + those who disobey. + </p> + <p> + CLEINIAS: But how can we imagine that the citizens in general will at once + follow the example set to them; and how can he have this power both of + persuading and of compelling them? + </p> + <p> + ATHENIAN: Let no one, my friends, persuade us that there is any quicker + and easier way in which states change their laws than when the rulers + lead: such changes never have, nor ever will, come to pass in any other + way. The real impossibility or difficulty is of another sort, and is + rarely surmounted in the course of ages; but when once it is surmounted, + ten thousand or rather all blessings follow. + </p> + <p> + CLEINIAS: Of what are you speaking? + </p> + <p> + ATHENIAN: The difficulty is to find the divine love of temperate and just + institutions existing in any powerful forms of government, whether in a + monarchy or oligarchy of wealth or of birth. You might as well hope to + reproduce the character of Nestor, who is said to have excelled all men in + the power of speech, and yet more in his temperance. This, however, + according to the tradition, was in the times of Troy; in our own days + there is nothing of the sort; but if such an one either has or ever shall + come into being, or is now among us, blessed is he and blessed are they + who hear the wise words that flow from his lips. And this may be said of + power in general: When the supreme power in man coincides with the + greatest wisdom and temperance, then the best laws and the best + constitution come into being; but in no other way. And let what I have + been saying be regarded as a kind of sacred legend or oracle, and let this + be our proof that, in one point of view, there may be a difficulty for a + city to have good laws, but that there is another point of view in which + nothing can be easier or sooner effected, granting our supposition. + </p> + <p> + CLEINIAS: How do you mean? + </p> + <p> + ATHENIAN: Let us try to amuse ourselves, old boys as we are, by moulding + in words the laws which are suitable to your state. + </p> + <p> + CLEINIAS: Let us proceed without delay. + </p> + <p> + ATHENIAN: Then let us invoke God at the settlement of our state; may He + hear and be propitious to us, and come and set in order the State and the + laws! + </p> + <p> + CLEINIAS: May He come! + </p> + <p> + ATHENIAN: But what form of polity are we going to give the city? + </p> + <p> + CLEINIAS: Tell us what you mean a little more clearly. Do you mean some + form of democracy, or oligarchy, or aristocracy, or monarchy? For we + cannot suppose that you would include tyranny. + </p> + <p> + ATHENIAN: Which of you will first tell me to which of these classes his + own government is to be referred? + </p> + <p> + MEGILLUS: Ought I to answer first, since I am the elder? + </p> + <p> + CLEINIAS: Perhaps you should. + </p> + <p> + MEGILLUS: And yet, Stranger, I perceive that I cannot say, without more + thought, what I should call the government of Lacedaemon, for it seems to + me to be like a tyranny,—the power of our Ephors is marvellously + tyrannical; and sometimes it appears to me to be of all cities the most + democratical; and who can reasonably deny that it is an aristocracy + (compare Ar. Pol.)? We have also a monarchy which is held for life, and is + said by all mankind, and not by ourselves only, to be the most ancient of + all monarchies; and, therefore, when asked on a sudden, I cannot precisely + say which form of government the Spartan is. + </p> + <p> + CLEINIAS: I am in the same difficulty, Megillus; for I do not feel + confident that the polity of Cnosus is any of these. + </p> + <p> + ATHENIAN: The reason is, my excellent friends, that you really have + polities, but the states of which we were just now speaking are merely + aggregations of men dwelling in cities who are the subjects and servants + of a part of their own state, and each of them is named after the dominant + power; they are not polities at all. But if states are to be named after + their rulers, the true state ought to be called by the name of the God who + rules over wise men. + </p> + <p> + CLEINIAS: And who is this God? + </p> + <p> + ATHENIAN: May I still make use of fable to some extent, in the hope that I + may be better able to answer your question: shall I? + </p> + <p> + CLEINIAS: By all means. + </p> + <p> + ATHENIAN: In the primeval world, and a long while before the cities came + into being whose settlements we have described, there is said to have been + in the time of Cronos a blessed rule and life, of which the best-ordered + of existing states is a copy (compare Statesman). + </p> + <p> + CLEINIAS: It will be very necessary to hear about that. + </p> + <p> + ATHENIAN: I quite agree with you; and therefore I have introduced the + subject. + </p> + <p> + CLEINIAS: Most appropriately; and since the tale is to the point, you will + do well in giving us the whole story. + </p> + <p> + ATHENIAN: I will do as you suggest. There is a tradition of the happy life + of mankind in days when all things were spontaneous and abundant. And of + this the reason is said to have been as follows:—Cronos knew what we + ourselves were declaring, that no human nature invested with supreme power + is able to order human affairs and not overflow with insolence and wrong. + Which reflection led him to appoint not men but demigods, who are of a + higher and more divine race, to be the kings and rulers of our cities; he + did as we do with flocks of sheep and other tame animals. For we do not + appoint oxen to be the lords of oxen, or goats of goats; but we ourselves + are a superior race, and rule over them. In like manner God, in His love + of mankind, placed over us the demons, who are a superior race, and they + with great ease and pleasure to themselves, and no less to us, taking care + of us and giving us peace and reverence and order and justice never + failing, made the tribes of men happy and united. And this tradition, + which is true, declares that cities of which some mortal man and not God + is the ruler, have no escape from evils and toils. Still we must do all + that we can to imitate the life which is said to have existed in the days + of Cronos, and, as far as the principle of immortality dwells in us, to + that we must hearken, both in private and public life, and regulate our + cities and houses according to law, meaning by the very term 'law,' the + distribution of mind. But if either a single person or an oligarchy or a + democracy has a soul eager after pleasures and desires—wanting to be + filled with them, yet retaining none of them, and perpetually afflicted + with an endless and insatiable disorder; and this evil spirit, having + first trampled the laws under foot, becomes the master either of a state + or of an individual,—then, as I was saying, salvation is hopeless. + And now, Cleinias, we have to consider whether you will or will not accept + this tale of mine. + </p> + <p> + CLEINIAS: Certainly we will. + </p> + <p> + ATHENIAN: You are aware,—are you not?—that there are often + said to be as many forms of laws as there are of governments, and of the + latter we have already mentioned all those which are commonly recognized. + Now you must regard this as a matter of first-rate importance. For what is + to be the standard of just and unjust, is once more the point at issue. + Men say that the law ought not to regard either military virtue, or virtue + in general, but only the interests and power and preservation of the + established form of government; this is thought by them to be the best way + of expressing the natural definition of justice. + </p> + <p> + CLEINIAS: How? + </p> + <p> + ATHENIAN: Justice is said by them to be the interest of the stronger + (Republic). + </p> + <p> + CLEINIAS: Speak plainer. + </p> + <p> + ATHENIAN: I will:—'Surely,' they say, 'the governing power makes + whatever laws have authority in any state'? + </p> + <p> + CLEINIAS: True. + </p> + <p> + ATHENIAN: 'Well,' they would add, 'and do you suppose that tyranny or + democracy, or any other conquering power, does not make the continuance of + the power which is possessed by them the first or principal object of + their laws'? + </p> + <p> + CLEINIAS: How can they have any other? + </p> + <p> + ATHENIAN: 'And whoever transgresses these laws is punished as an evil-doer + by the legislator, who calls the laws just'? + </p> + <p> + CLEINIAS: Naturally. + </p> + <p> + ATHENIAN: 'This, then, is always the mode and fashion in which justice + exists.' + </p> + <p> + CLEINIAS: Certainly, if they are correct in their view. + </p> + <p> + ATHENIAN: Why, yes, this is one of those false principles of government to + which we were referring. + </p> + <p> + CLEINIAS: Which do you mean? + </p> + <p> + ATHENIAN: Those which we were examining when we spoke of who ought to + govern whom. Did we not arrive at the conclusion that parents ought to + govern their children, and the elder the younger, and the noble the + ignoble? And there were many other principles, if you remember, and they + were not always consistent. One principle was this very principle of + might, and we said that Pindar considered violence natural and justified + it. + </p> + <p> + CLEINIAS: Yes; I remember. + </p> + <p> + ATHENIAN: Consider, then, to whom our state is to be entrusted. For there + is a thing which has occurred times without number in states— + </p> + <p> + CLEINIAS: What thing? + </p> + <p> + ATHENIAN: That when there has been a contest for power, those who gain the + upper hand so entirely monopolize the government, as to refuse all share + to the defeated party and their descendants—they live watching one + another, the ruling class being in perpetual fear that some one who has a + recollection of former wrongs will come into power and rise up against + them. Now, according to our view, such governments are not polities at + all, nor are laws right which are passed for the good of particular + classes and not for the good of the whole state. States which have such + laws are not polities but parties, and their notions of justice are simply + unmeaning. I say this, because I am going to assert that we must not + entrust the government in your state to any one because he is rich, or + because he possesses any other advantage, such as strength, or stature, or + again birth: but he who is most obedient to the laws of the state, he + shall win the palm; and to him who is victorious in the first degree shall + be given the highest office and chief ministry of the gods; and the second + to him who bears the second palm; and on a similar principle shall all the + other offices be assigned to those who come next in order. And when I call + the rulers servants or ministers of the law, I give them this name not for + the sake of novelty, but because I certainly believe that upon such + service or ministry depends the well- or ill-being of the state. For that + state in which the law is subject and has no authority, I perceive to be + on the highway to ruin; but I see that the state in which the law is above + the rulers, and the rulers are the inferiors of the law, has salvation, + and every blessing which the Gods can confer. + </p> + <p> + CLEINIAS: Truly, Stranger, you see with the keen vision of age. + </p> + <p> + ATHENIAN: Why, yes; every man when he is young has that sort of vision + dullest, and when he is old keenest. + </p> + <p> + CLEINIAS: Very true. + </p> + <p> + ATHENIAN: And now, what is to be the next step? May we not suppose the + colonists to have arrived, and proceed to make our speech to them? + </p> + <p> + CLEINIAS: Certainly. + </p> + <p> + ATHENIAN: 'Friends,' we say to them,—'God, as the old tradition + declares, holding in his hand the beginning, middle, and end of all that + is, travels according to His nature in a straight line towards the + accomplishment of His end. Justice always accompanies Him, and is the + punisher of those who fall short of the divine law. To justice, he who + would be happy holds fast, and follows in her company with all humility + and order; but he who is lifted up with pride, or elated by wealth or + rank, or beauty, who is young and foolish, and has a soul hot with + insolence, and thinks that he has no need of any guide or ruler, but is + able himself to be the guide of others, he, I say, is left deserted of + God; and being thus deserted, he takes to him others who are like himself, + and dances about, throwing all things into confusion, and many think that + he is a great man, but in a short time he pays a penalty which justice + cannot but approve, and is utterly destroyed, and his family and city with + him. Wherefore, seeing that human things are thus ordered, what should a + wise man do or think, or not do or think'? + </p> + <p> + CLEINIAS: Every man ought to make up his mind that he will be one of the + followers of God; there can be no doubt of that. + </p> + <p> + ATHENIAN: Then what life is agreeable to God, and becoming in His + followers? One only, expressed once for all in the old saying that 'like + agrees with like, with measure measure,' but things which have no measure + agree neither with themselves nor with the things which have. Now God + ought to be to us the measure of all things, and not man (compare Crat.; + Theaet.), as men commonly say (Protagoras): the words are far more true of + Him. And he who would be dear to God must, as far as is possible, be like + Him and such as He is. Wherefore the temperate man is the friend of God, + for he is like Him; and the intemperate man is unlike Him, and different + from Him, and unjust. And the same applies to other things; and this is + the conclusion, which is also the noblest and truest of all sayings,—that + for the good man to offer sacrifice to the Gods, and hold converse with + them by means of prayers and offerings and every kind of service, is the + noblest and best of all things, and also the most conducive to a happy + life, and very fit and meet. But with the bad man, the opposite of this is + true: for the bad man has an impure soul, whereas the good is pure; and + from one who is polluted, neither a good man nor God can without + impropriety receive gifts. Wherefore the unholy do only waste their much + service upon the Gods, but when offered by any holy man, such service is + most acceptable to them. This is the mark at which we ought to aim. But + what weapons shall we use, and how shall we direct them? In the first + place, we affirm that next after the Olympian Gods and the Gods of the + State, honour should be given to the Gods below; they should receive + everything in even numbers, and of the second choice, and ill omen, while + the odd numbers, and the first choice, and the things of lucky omen, are + given to the Gods above, by him who would rightly hit the mark of piety. + Next to these Gods, a wise man will do service to the demons or spirits, + and then to the heroes, and after them will follow the private and + ancestral Gods, who are worshipped as the law prescribes in the places + which are sacred to them. Next comes the honour of living parents, to + whom, as is meet, we have to pay the first and greatest and oldest of all + debts, considering that all which a man has belongs to those who gave him + birth and brought him up, and that he must do all that he can to minister + to them, first, in his property, secondly, in his person, and thirdly, in + his soul, in return for the endless care and travail which they bestowed + upon him of old, in the days of his infancy, and which he is now to pay + back to them when they are old and in the extremity of their need. And all + his life long he ought never to utter, or to have uttered, an unbecoming + word to them; for of light and fleeting words the penalty is most severe; + Nemesis, the messenger of justice, is appointed to watch over all such + matters. When they are angry and want to satisfy their feelings in word or + deed, he should give way to them; for a father who thinks that he has been + wronged by his son may be reasonably expected to be very angry. At their + death, the most moderate funeral is best, neither exceeding the customary + expense, nor yet falling short of the honour which has been usually shown + by the former generation to their parents. And let a man not forget to pay + the yearly tribute of respect to the dead, honouring them chiefly by + omitting nothing that conduces to a perpetual remembrance of them, and + giving a reasonable portion of his fortune to the dead. Doing this, and + living after this manner, we shall receive our reward from the Gods and + those who are above us (i.e. the demons); and we shall spend our days for + the most part in good hope. And how a man ought to order what relates to + his descendants and his kindred and friends and fellow-citizens, and the + rites of hospitality taught by Heaven, and the intercourse which arises + out of all these duties, with a view to the embellishment and orderly + regulation of his own life—these things, I say, the laws, as we + proceed with them, will accomplish, partly persuading, and partly when + natures do not yield to the persuasion of custom, chastising them by might + and right, and will thus render our state, if the Gods co-operate with us, + prosperous and happy. But of what has to be said, and must be said by the + legislator who is of my way of thinking, and yet, if said in the form of + law, would be out of place—of this I think that he may give a sample + for the instruction of himself and of those for whom he is legislating; + and then when, as far as he is able, he has gone through all the + preliminaries, he may proceed to the work of legislation. Now, what will + be the form of such prefaces? There may be a difficulty in including or + describing them all under a single form, but I think that we may get some + notion of them if we can guarantee one thing. + </p> + <p> + CLEINIAS: What is that? + </p> + <p> + ATHENIAN: I should wish the citizens to be as readily persuaded to virtue + as possible; this will surely be the aim of the legislator in all his + laws. + </p> + <p> + CLEINIAS: Certainly. + </p> + <p> + ATHENIAN: The proposal appears to me to be of some value; and I think that + a person will listen with more gentleness and good-will to the precepts + addressed to him by the legislator, when his soul is not altogether + unprepared to receive them. Even a little done in the way of conciliation + gains his ear, and is always worth having. For there is no great + inclination or readiness on the part of mankind to be made as good, or as + quickly good, as possible. The case of the many proves the wisdom of + Hesiod, who says that the road to wickedness is smooth and can be + travelled without perspiring, because it is so very short: + </p> + <p> + 'But before virtue the immortal Gods have placed the sweat of labour, and + long and steep is the way thither, and rugged at first; but when you have + reached the top, although difficult before, it is then easy.' (Works and + Days.) + </p> + <p> + CLEINIAS: Yes; and he certainly speaks well. + </p> + <p> + ATHENIAN: Very true: and now let me tell you the effect which the + preceding discourse has had upon me. + </p> + <p> + CLEINIAS: Proceed. + </p> + <p> + ATHENIAN: Suppose that we have a little conversation with the legislator, + and say to him—'O, legislator, speak; if you know what we ought to + say and do, you can surely tell.' + </p> + <p> + CLEINIAS: Of course he can. + </p> + <p> + ATHENIAN: 'Did we not hear you just now saying, that the legislator ought + not to allow the poets to do what they liked? For that they would not know + in which of their words they went against the laws, to the hurt of the + state.' + </p> + <p> + CLEINIAS: That is true. + </p> + <p> + ATHENIAN: May we not fairly make answer to him on behalf of the poets? + </p> + <p> + CLEINIAS: What answer shall we make to him? + </p> + <p> + ATHENIAN: That the poet, according to the tradition which has ever + prevailed among us, and is accepted of all men, when he sits down on the + tripod of the muse, is not in his right mind; like a fountain, he allows + to flow out freely whatever comes in, and his art being imitative, he is + often compelled to represent men of opposite dispositions, and thus to + contradict himself; neither can he tell whether there is more truth in one + thing that he has said than in another. This is not the case in a law; the + legislator must give not two rules about the same thing, but one only. + Take an example from what you have just been saying. Of three kinds of + funerals, there is one which is too extravagant, another is too niggardly, + the third in a mean; and you choose and approve and order the last without + qualification. But if I had an extremely rich wife, and she bade me bury + her and describe her burial in a poem, I should praise the extravagant + sort; and a poor miserly man, who had not much money to spend, would + approve of the niggardly; and the man of moderate means, who was himself + moderate, would praise a moderate funeral. Now you in the capacity of + legislator must not barely say 'a moderate funeral,' but you must define + what moderation is, and how much; unless you are definite, you must not + suppose that you are speaking a language that can become law. + </p> + <p> + CLEINIAS: Certainly not. + </p> + <p> + ATHENIAN: And is our legislator to have no preface to his laws, but to say + at once Do this, avoid that—and then holding the penalty in + terrorem, to go on to another law; offering never a word of advice or + exhortation to those for whom he is legislating, after the manner of some + doctors? For of doctors, as I may remind you, some have a gentler, others + a ruder method of cure; and as children ask the doctor to be gentle with + them, so we will ask the legislator to cure our disorders with the + gentlest remedies. What I mean to say is, that besides doctors there are + doctors' servants, who are also styled doctors. + </p> + <p> + CLEINIAS: Very true. + </p> + <p> + ATHENIAN: And whether they are slaves or freemen makes no difference; they + acquire their knowledge of medicine by obeying and observing their + masters; empirically and not according to the natural way of learning, as + the manner of freemen is, who have learned scientifically themselves the + art which they impart scientifically to their pupils. You are aware that + there are these two classes of doctors? + </p> + <p> + CLEINIAS: To be sure. + </p> + <p> + ATHENIAN: And did you ever observe that there are two classes of patients + in states, slaves and freemen; and the slave doctors run about and cure + the slaves, or wait for them in the dispensaries—practitioners of + this sort never talk to their patients individually, or let them talk + about their own individual complaints? The slave doctor prescribes what + mere experience suggests, as if he had exact knowledge; and when he has + given his orders, like a tyrant, he rushes off with equal assurance to + some other servant who is ill; and so he relieves the master of the house + of the care of his invalid slaves. But the other doctor, who is a freeman, + attends and practices upon freemen; and he carries his enquiries far back, + and goes into the nature of the disorder; he enters into discourse with + the patient and with his friends, and is at once getting information from + the sick man, and also instructing him as far as he is able, and he will + not prescribe for him until he has first convinced him; at last, when he + has brought the patient more and more under his persuasive influences and + set him on the road to health, he attempts to effect a cure. Now which is + the better way of proceeding in a physician and in a trainer? Is he the + better who accomplishes his ends in a double way, or he who works in one + way, and that the ruder and inferior? + </p> + <p> + CLEINIAS: I should say, Stranger, that the double way is far better. + </p> + <p> + ATHENIAN: Should you like to see an example of the double and single + method in legislation? + </p> + <p> + CLEINIAS: Certainly I should. + </p> + <p> + ATHENIAN: What will be our first law? Will not the legislator, observing + the order of nature, begin by making regulations for states about births? + </p> + <p> + CLEINIAS: He will. + </p> + <p> + ATHENIAN: In all states the birth of children goes back to the connexion + of marriage? + </p> + <p> + CLEINIAS: Very true. + </p> + <p> + ATHENIAN: And, according to the true order, the laws relating to marriage + should be those which are first determined in every state? + </p> + <p> + CLEINIAS: Quite so. + </p> + <p> + ATHENIAN: Then let me first give the law of marriage in a simple form; it + may run as follows:—A man shall marry between the ages of thirty and + thirty-five, or, if he does not, he shall pay such and such a fine, or + shall suffer the loss of such and such privileges. This would be the + simple law about marriage. The double law would run thus:—A man + shall marry between the ages of thirty and thirty-five, considering that + in a manner the human race naturally partakes of immortality, which every + man is by nature inclined to desire to the utmost; for the desire of every + man that he may become famous, and not lie in the grave without a name, is + only the love of continuance. Now mankind are coeval with all time, and + are ever following, and will ever follow, the course of time; and so they + are immortal, because they leave children's children behind them, and + partake of immortality in the unity of generation. And for a man + voluntarily to deprive himself of this gift, as he deliberately does who + will not have a wife or children, is impiety. He who obeys the law shall + be free, and shall pay no fine; but he who is disobedient, and does not + marry, when he has arrived at the age of thirty-five, shall pay a yearly + fine of a certain amount, in order that he may not imagine his celibacy to + bring ease and profit to him; and he shall not share in the honours which + the young men in the state give to the aged. Comparing now the two forms + of the law, you will be able to arrive at a judgment about any other laws—whether + they should be double in length even when shortest, because they have to + persuade as well as threaten, or whether they shall only threaten and be + of half the length. + </p> + <p> + MEGILLUS: The shorter form, Stranger, would be more in accordance with + Lacedaemonian custom; although, for my own part, if any one were to ask me + which I myself prefer in the state, I should certainly determine in favour + of the longer; and I would have every law made after the same pattern, if + I had to choose. But I think that Cleinias is the person to be consulted, + for his is the state which is going to use these laws. + </p> + <p> + CLEINIAS: Thank you, Megillus. + </p> + <p> + ATHENIAN: Whether, in the abstract, words are to be many or few, is a very + foolish question; the best form, and not the shortest, is to be approved; + nor is length at all to be regarded. Of the two forms of law which have + been recited, the one is not only twice as good in practical usefulness as + the other, but the case is like that of the two kinds of doctors, which I + was just now mentioning. And yet legislators never appear to have + considered that they have two instruments which they might use in + legislation—persuasion and force; for in dealing with the rude and + uneducated multitude, they use the one only as far as they can; they do + not mingle persuasion with coercion, but employ force pure and simple. + Moreover, there is a third point, sweet friends, which ought to be, and + never is, regarded in our existing laws. + </p> + <p> + CLEINIAS: What is it? + </p> + <p> + ATHENIAN: A point arising out of our previous discussion, which comes into + my mind in some mysterious way. All this time, from early dawn until noon, + have we been talking about laws in this charming retreat: now we are going + to promulgate our laws, and what has preceded was only the prelude of + them. Why do I mention this? For this reason:—Because all discourses + and vocal exercises have preludes and overtures, which are a sort of + artistic beginnings intended to help the strain which is to be performed; + lyric measures and music of every other kind have preludes framed with + wonderful care. But of the truer and higher strain of law and politics, no + one has ever yet uttered any prelude, or composed or published any, as + though there was no such thing in nature. Whereas our present discussion + seems to me to imply that there is;—these double laws, of which we + were speaking, are not exactly double, but they are in two parts, the law + and the prelude of the law. The arbitrary command, which was compared to + the commands of doctors, whom we described as of the meaner sort, was the + law pure and simple; and that which preceded, and was described by our + friend here as being hortatory only, was, although in fact, an + exhortation, likewise analogous to the preamble of a discourse. For I + imagine that all this language of conciliation, which the legislator has + been uttering in the preface of the law, was intended to create good-will + in the person whom he addressed, in order that, by reason of this + good-will, he might more intelligently receive his command, that is to + say, the law. And therefore, in my way of speaking, this is more rightly + described as the preamble than as the matter of the law. And I must + further proceed to observe, that to all his laws, and to each separately, + the legislator should prefix a preamble; he should remember how great will + be the difference between them, according as they have, or have not, such + preambles, as in the case already given. + </p> + <p> + CLEINIAS: The lawgiver, if he asks my opinion, will certainly legislate in + the form which you advise. + </p> + <p> + ATHENIAN: I think that you are right, Cleinias, in affirming that all laws + have preambles, and that throughout the whole of this work of legislation + every single law should have a suitable preamble at the beginning; for + that which is to follow is most important, and it makes all the difference + whether we clearly remember the preambles or not. Yet we should be wrong + in requiring that all laws, small and great alike, should have preambles + of the same kind, any more than all songs or speeches; although they may + be natural to all, they are not always necessary, and whether they are to + be employed or not has in each case to be left to the judgment of the + speaker or the musician, or, in the present instance, of the lawgiver. + </p> + <p> + CLEINIAS: That I think is most true. And now, Stranger, without delay let + us return to the argument, and, as people say in play, make a second and + better beginning, if you please, with the principles which we have been + laying down, which we never thought of regarding as a preamble before, but + of which we may now make a preamble, and not merely consider them to be + chance topics of discourse. Let us acknowledge, then, that we have a + preamble. About the honour of the Gods and the respect of parents, enough + has been already said; and we may proceed to the topics which follow next + in order, until the preamble is deemed by you to be complete; and after + that you shall go through the laws themselves. + </p> + <p> + ATHENIAN: I understand you to mean that we have made a sufficient preamble + about Gods and demigods, and about parents living or dead; and now you + would have us bring the rest of the subject into the light of day? + </p> + <p> + CLEINIAS: Exactly. + </p> + <p> + ATHENIAN: After this, as is meet and for the interest of us all, I the + speaker, and you the listeners, will try to estimate all that relates to + the souls and bodies and properties of the citizens, as regards both their + occupations and amusements, and thus arrive, as far as in us lies, at the + nature of education. These then are the topics which follow next in order. + </p> + <p> + CLEINIAS: Very good. + </p> + <p> + <a name="link2H_4_0008" id="link2H_4_0008"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + BOOK V. + </h2> + <p> + ATHENIAN: Listen, all ye who have just now heard the laws about Gods, and + about our dear forefathers:—Of all the things which a man has, next + to the Gods, his soul is the most divine and most truly his own. Now in + every man there are two parts: the better and superior, which rules, and + the worse and inferior, which serves; and the ruling part of him is always + to be preferred to the subject. Wherefore I am right in bidding every one + next to the Gods, who are our masters, and those who in order follow them + (i.e. the demons), to honour his own soul, which every one seems to + honour, but no one honours as he ought; for honour is a divine good, and + no evil thing is honourable; and he who thinks that he can honour the soul + by word or gift, or any sort of compliance, without making her in any way + better, seems to honour her, but honours her not at all. For example, + every man, from his very boyhood, fancies that he is able to know + everything, and thinks that he honours his soul by praising her, and he is + very ready to let her do whatever she may like. But I mean to say that in + acting thus he injures his soul, and is far from honouring her; whereas, + in our opinion, he ought to honour her as second only to the Gods. Again, + when a man thinks that others are to be blamed, and not himself, for the + errors which he has committed from time to time, and the many and great + evils which befell him in consequence, and is always fancying himself to + be exempt and innocent, he is under the idea that he is honouring his + soul; whereas the very reverse is the fact, for he is really injuring her. + And when, disregarding the word and approval of the legislator, he + indulges in pleasure, then again he is far from honouring her; he only + dishonours her, and fills her full of evil and remorse; or when he does + not endure to the end the labours and fears and sorrows and pains which + the legislator approves, but gives way before them, then, by yielding, he + does not honour the soul, but by all such conduct he makes her to be + dishonourable; nor when he thinks that life at any price is a good, does + he honour her, but yet once more he dishonours her; for the soul having a + notion that the world below is all evil, he yields to her, and does not + resist and teach or convince her that, for aught she knows, the world of + the Gods below, instead of being evil, may be the greatest of all goods. + Again, when any one prefers beauty to virtue, what is this but the real + and utter dishonour of the soul? For such a preference implies that the + body is more honourable than the soul; and this is false, for there is + nothing of earthly birth which is more honourable than the heavenly, and + he who thinks otherwise of the soul has no idea how greatly he undervalues + this wonderful possession; nor, again, when a person is willing, or not + unwilling, to acquire dishonest gains, does he then honour his soul with + gifts—far otherwise; he sells her glory and honour for a small piece + of gold; but all the gold which is under or upon the earth is not enough + to give in exchange for virtue. In a word, I may say that he who does not + estimate the base and evil, the good and noble, according to the standard + of the legislator, and abstain in every possible way from the one and + practise the other to the utmost of his power, does not know that in all + these respects he is most foully and disgracefully abusing his soul, which + is the divinest part of man; for no one, as I may say, ever considers that + which is declared to be the greatest penalty of evil-doing—namely, + to grow into the likeness of bad men, and growing like them to fly from + the conversation of the good, and be cut off from them, and cleave to and + follow after the company of the bad. And he who is joined to them must do + and suffer what such men by nature do and say to one another,—a + suffering which is not justice but retribution; for justice and the just + are noble, whereas retribution is the suffering which waits upon + injustice; and whether a man escape or endure this, he is miserable,—in + the former case, because he is not cured; while in the latter, he perishes + in order that the rest of mankind may be saved. + </p> + <p> + Speaking generally, our glory is to follow the better and improve the + inferior, which is susceptible of improvement, as far as this is possible. + And of all human possessions, the soul is by nature most inclined to avoid + the evil, and track out and find the chief good; which when a man has + found, he should take up his abode with it during the remainder of his + life. Wherefore the soul also is second (or next to God) in honour; and + third, as every one will perceive, comes the honour of the body in natural + order. Having determined this, we have next to consider that there is a + natural honour of the body, and that of honours some are true and some are + counterfeit. To decide which are which is the business of the legislator; + and he, I suspect, would intimate that they are as follows:—Honour + is not to be given to the fair body, or to the strong or the swift or the + tall, or to the healthy body (although many may think otherwise), any more + than to their opposites; but the mean states of all these habits are by + far the safest and most moderate; for the one extreme makes the soul + braggart and insolent, and the other, illiberal and base; and money, and + property, and distinction all go to the same tune. The excess of any of + these things is apt to be a source of hatreds and divisions among states + and individuals; and the defect of them is commonly a cause of slavery. + And, therefore, I would not have any one fond of heaping up riches for the + sake of his children, in order that he may leave them as rich as possible. + For the possession of great wealth is of no use, either to them or to the + state. The condition of youth which is free from flattery, and at the same + time not in need of the necessaries of life, is the best and most + harmonious of all, being in accord and agreement with our nature, and + making life to be most entirely free from sorrow. Let parents, then, + bequeath to their children not a heap of riches, but the spirit of + reverence. We, indeed, fancy that they will inherit reverence from us, if + we rebuke them when they show a want of reverence. But this quality is not + really imparted to them by the present style of admonition, which only + tells them that the young ought always to be reverential. A sensible + legislator will rather exhort the elders to reverence the younger, and + above all to take heed that no young man sees or hears one of themselves + doing or saying anything disgraceful; for where old men have no shame, + there young men will most certainly be devoid of reverence. The best way + of training the young is to train yourself at the same time; not to + admonish them, but to be always carrying out your own admonitions in + practice. He who honours his kindred, and reveres those who share in the + same Gods and are of the same blood and family, may fairly expect that the + Gods who preside over generation will be propitious to him, and will + quicken his seed. And he who deems the services which his friends and + acquaintances do for him, greater and more important than they themselves + deem them, and his own favours to them less than theirs to him, will have + their good-will in the intercourse of life. And surely in his relations to + the state and his fellow citizens, he is by far the best, who rather than + the Olympic or any other victory of peace or war, desires to win the palm + of obedience to the laws of his country, and who, of all mankind, is the + person reputed to have obeyed them best through life. In his relations to + strangers, a man should consider that a contract is a most holy thing, and + that all concerns and wrongs of strangers are more directly dependent on + the protection of God, than wrongs done to citizens; for the stranger, + having no kindred and friends, is more to be pitied by Gods and men. + Wherefore, also, he who is most able to avenge him is most zealous in his + cause; and he who is most able is the genius and the god of the stranger, + who follow in the train of Zeus, the god of strangers. And for this + reason, he who has a spark of caution in him, will do his best to pass + through life without sinning against the stranger. And of offences + committed, whether against strangers or fellow-countrymen, that against + suppliants is the greatest. For the God who witnessed to the agreement + made with the suppliant, becomes in a special manner the guardian of the + sufferer; and he will certainly not suffer unavenged. + </p> + <p> + Thus we have fairly described the manner in which a man is to act about + his parents, and himself, and his own affairs; and in relation to the + state, and his friends, and kindred, both in what concerns his own + countrymen, and in what concerns the stranger. We will now consider what + manner of man he must be who would best pass through life in respect of + those other things which are not matters of law, but of praise and blame + only; in which praise and blame educate a man, and make him more tractable + and amenable to the laws which are about to be imposed. + </p> + <p> + Truth is the beginning of every good thing, both to Gods and men; and he + who would be blessed and happy, should be from the first a partaker of the + truth, that he may live a true man as long as possible, for then he can be + trusted; but he is not to be trusted who loves voluntary falsehood, and he + who loves involuntary falsehood is a fool. Neither condition is enviable, + for the untrustworthy and ignorant has no friend, and as time advances he + becomes known, and lays up in store for himself isolation in crabbed age + when life is on the wane: so that, whether his children or friends are + alive or not, he is equally solitary.—Worthy of honour is he who + does no injustice, and of more than twofold honour, if he not only does no + injustice himself, but hinders others from doing any; the first may count + as one man, the second is worth many men, because he informs the rulers of + the injustice of others. And yet more highly to be esteemed is he who + co-operates with the rulers in correcting the citizens as far as he can—he + shall be proclaimed the great and perfect citizen, and bear away the palm + of virtue. The same praise may be given about temperance and wisdom, and + all other goods which may be imparted to others, as well as acquired by a + man for himself; he who imparts them shall be honoured as the man of men, + and he who is willing, yet is not able, may be allowed the second place; + but he who is jealous and will not, if he can help, allow others to + partake in a friendly way of any good, is deserving of blame: the good, + however, which he has, is not to be undervalued by us because it is + possessed by him, but must be acquired by us also to the utmost of our + power. Let every man, then, freely strive for the prize of virtue, and let + there be no envy. For the unenvious nature increases the greatness of + states—he himself contends in the race, blasting the fair fame of no + man; but the envious, who thinks that he ought to get the better by + defaming others, is less energetic himself in the pursuit of true virtue, + and reduces his rivals to despair by his unjust slanders of them. And so + he makes the whole city to enter the arena untrained in the practice of + virtue, and diminishes her glory as far as in him lies. Now every man + should be valiant, but he should also be gentle. From the cruel, or hardly + curable, or altogether incurable acts of injustice done to him by others, + a man can only escape by fighting and defending himself and conquering, + and by never ceasing to punish them; and no man who is not of a noble + spirit is able to accomplish this. As to the actions of those who do evil, + but whose evil is curable, in the first place, let us remember that the + unjust man is not unjust of his own free will. For no man of his own free + will would choose to possess the greatest of evils, and least of all in + the most honourable part of himself. And the soul, as we said, is of a + truth deemed by all men the most honourable. In the soul, then, which is + the most honourable part of him, no one, if he could help, would admit, or + allow to continue the greatest of evils (compare Republic). The + unrighteous and vicious are always to be pitied in any case; and one can + afford to forgive as well as pity him who is curable, and refrain and calm + one's anger, not getting into a passion, like a woman, and nursing + ill-feeling. But upon him who is incapable of reformation and wholly evil, + the vials of our wrath should be poured out; wherefore I say that good men + ought, when occasion demands, to be both gentle and passionate. + </p> + <p> + Of all evils the greatest is one which in the souls of most men is innate, + and which a man is always excusing in himself and never correcting; I + mean, what is expressed in the saying that 'Every man by nature is and + ought to be his own friend.' Whereas the excessive love of self is in + reality the source to each man of all offences; for the lover is blinded + about the beloved, so that he judges wrongly of the just, the good, and + the honourable, and thinks that he ought always to prefer himself to the + truth. But he who would be a great man ought to regard, not himself or his + interests, but what is just, whether the just act be his own or that of + another. Through a similar error men are induced to fancy that their own + ignorance is wisdom, and thus we who may be truly said to know nothing, + think that we know all things; and because we will not let others act for + us in what we do not know, we are compelled to act amiss ourselves. + Wherefore let every man avoid excess of self-love, and condescend to + follow a better man than himself, not allowing any false shame to stand in + the way. There are also minor precepts which are often repeated, and are + quite as useful; a man should recollect them and remind himself of them. + For when a stream is flowing out, there should be water flowing in too; + and recollection flows in while wisdom is departing. Therefore I say that + a man should refrain from excess either of laughter or tears, and should + exhort his neighbour to do the same; he should veil his immoderate sorrow + or joy, and seek to behave with propriety, whether the genius of his good + fortune remains with him, or whether at the crisis of his fate, when he + seems to be mounting high and steep places, the Gods oppose him in some of + his enterprises. Still he may ever hope, in the case of good men, that + whatever afflictions are to befall them in the future God will lessen, and + that present evils He will change for the better; and as to the goods + which are the opposite of these evils, he will not doubt that they will be + added to them, and that they will be fortunate. Such should be men's + hopes, and such should be the exhortations with which they admonish one + another, never losing an opportunity, but on every occasion distinctly + reminding themselves and others of all these things, both in jest and + earnest. + </p> + <p> + Enough has now been said of divine matters, both as touching the practices + which men ought to follow, and as to the sort of persons who they ought + severally to be. But of human things we have not as yet spoken, and we + must; for to men we are discoursing and not to Gods. Pleasures and pains + and desires are a part of human nature, and on them every mortal being + must of necessity hang and depend with the most eager interest. And + therefore we must praise the noblest life, not only as the fairest in + appearance, but as being one which, if a man will only taste, and not, + while still in his youth, desert for another, he will find to surpass also + in the very thing which we all of us desire,—I mean in having a + greater amount of pleasure and less of pain during the whole of life. And + this will be plain, if a man has a true taste of them, as will be quickly + and clearly seen. But what is a true taste? That we have to learn from the + argument—the point being what is according to nature, and what is + not according to nature. One life must be compared with another, the more + pleasurable with the more painful, after this manner:—We desire to + have pleasure, but we neither desire nor choose pain; and the neutral + state we are ready to take in exchange, not for pleasure but for pain; and + we also wish for less pain and greater pleasure, but less pleasure and + greater pain we do not wish for; and an equal balance of either we cannot + venture to assert that we should desire. And all these differ or do not + differ severally in number and magnitude and intensity and equality, and + in the opposites of these when regarded as objects of choice, in relation + to desire. And such being the necessary order of things, we wish for that + life in which there are many great and intense elements of pleasure and + pain, and in which the pleasures are in excess, and do not wish for that + in which the opposites exceed; nor, again, do we wish for that in which + the elements of either are small and few and feeble, and the pains exceed. + And when, as I said before, there is a balance of pleasure and pain in + life, this is to be regarded by us as the balanced life; while other lives + are preferred by us because they exceed in what we like, or are rejected + by us because they exceed in what we dislike. All the lives of men may be + regarded by us as bound up in these, and we must also consider what sort + of lives we by nature desire. And if we wish for any others, I say that we + desire them only through some ignorance and inexperience of the lives + which actually exist. + </p> + <p> + Now, what lives are they, and how many in which, having searched out and + beheld the objects of will and desire and their opposites, and making of + them a law, choosing, I say, the dear and the pleasant and the best and + noblest, a man may live in the happiest way possible? Let us say that the + temperate life is one kind of life, and the rational another, and the + courageous another, and the healthful another; and to these four let us + oppose four other lives—the foolish, the cowardly, the intemperate, + the diseased. He who knows the temperate life will describe it as in all + things gentle, having gentle pains and gentle pleasures, and placid + desires and loves not insane; whereas the intemperate life is impetuous in + all things, and has violent pains and pleasures, and vehement and stinging + desires, and loves utterly insane; and in the temperate life the pleasures + exceed the pains, but in the intemperate life the pains exceed the + pleasures in greatness and number and frequency. Hence one of the two + lives is naturally and necessarily more pleasant and the other more + painful, and he who would live pleasantly cannot possibly choose to live + intemperately. And if this is true, the inference clearly is that no man + is voluntarily intemperate; but that the whole multitude of men lack + temperance in their lives, either from ignorance, or from want of + self-control, or both. And the same holds of the diseased and healthy + life; they both have pleasures and pains, but in health the pleasure + exceeds the pain, and in sickness the pain exceeds the pleasure. Now our + intention in choosing the lives is not that the painful should exceed, but + the life in which pain is exceeded by pleasure we have determined to be + the more pleasant life. And we should say that the temperate life has the + elements both of pleasure and pain fewer and smaller and less frequent + than the intemperate, and the wise life than the foolish life, and the + life of courage than the life of cowardice; one of each pair exceeding in + pleasure and the other in pain, the courageous surpassing the cowardly, + and the wise exceeding the foolish. And so the one class of lives exceeds + the other class in pleasure; the temperate and courageous and wise and + healthy exceed the cowardly and foolish and intemperate and diseased + lives; and generally speaking, that which has any virtue, whether of body + or soul, is pleasanter than the vicious life, and far superior in beauty + and rectitude and excellence and reputation, and causes him who lives + accordingly to be infinitely happier than the opposite. + </p> + <p> + Enough of the preamble; and now the laws should follow; or, to speak more + correctly, an outline of them. As, then, in the case of a web or any other + tissue, the warp and the woof cannot be made of the same materials + (compare Statesman), but the warp is necessarily superior as being + stronger, and having a certain character of firmness, whereas the woof is + softer and has a proper degree of elasticity;—in a similar manner + those who are to hold great offices in states, should be distinguished + truly in each case from those who have been but slenderly proven by + education. Let us suppose that there are two parts in the constitution of + a state—one the creation of offices, the other the laws which are + assigned to them to administer. + </p> + <p> + But, before all this, comes the following consideration:—The + shepherd or herdsman, or breeder of horses or the like, when he has + received his animals will not begin to train them until he has first + purified them in a manner which befits a community of animals; he will + divide the healthy and unhealthy, and the good breed and the bad breed, + and will send away the unhealthy and badly bred to other herds, and tend + the rest, reflecting that his labours will be vain and have no effect, + either on the souls or bodies of those whom nature and ill nurture have + corrupted, and that they will involve in destruction the pure and healthy + nature and being of every other animal, if he should neglect to purify + them. Now the case of other animals is not so important—they are + only worth introducing for the sake of illustration; but what relates to + man is of the highest importance; and the legislator should make + enquiries, and indicate what is proper for each one in the way of + purification and of any other procedure. Take, for example, the + purification of a city—there are many kinds of purification, some + easier and others more difficult; and some of them, and the best and most + difficult of them, the legislator, if he be also a despot, may be able to + effect; but the legislator, who, not being a despot, sets up a new + government and laws, even if he attempt the mildest of purgations, may + think himself happy if he can complete his work. The best kind of + purification is painful, like similar cures in medicine, involving + righteous punishment and inflicting death or exile in the last resort. For + in this way we commonly dispose of great sinners who are incurable, and + are the greatest injury of the whole state. But the milder form of + purification is as follows:—when men who have nothing, and are in + want of food, show a disposition to follow their leaders in an attack on + the property of the rich—these, who are the natural plague of the + state, are sent away by the legislator in a friendly spirit as far as he + is able; and this dismissal of them is euphemistically termed a colony. + And every legislator should contrive to do this at once. Our present case, + however, is peculiar. For there is no need to devise any colony or + purifying separation under the circumstances in which we are placed. But + as, when many streams flow together from many sources, whether springs or + mountain torrents, into a single lake, we ought to attend and take care + that the confluent waters should be perfectly clear, and in order to + effect this, should pump and draw off and divert impurities, so in every + political arrangement there may be trouble and danger. But, seeing that we + are now only discoursing and not acting, let our selection be supposed to + be completed, and the desired purity attained. Touching evil men, who want + to join and be citizens of our state, after we have tested them by every + sort of persuasion and for a sufficient time, we will prevent them from + coming; but the good we will to the utmost of our ability receive as + friends with open arms. + </p> + <p> + Another piece of good fortune must not be forgotten, which, as we were + saying, the Heraclid colony had, and which is also ours,—that we + have escaped division of land and the abolition of debts; for these are + always a source of dangerous contention, and a city which is driven by + necessity to legislate upon such matters can neither allow the old ways to + continue, nor yet venture to alter them. We must have recourse to prayers, + so to speak, and hope that a slight change may be cautiously effected in a + length of time. And such a change can be accomplished by those who have + abundance of land, and having also many debtors, are willing, in a kindly + spirit, to share with those who are in want, sometimes remitting and + sometimes giving, holding fast in a path of moderation, and deeming + poverty to be the increase of a man's desires and not the diminution of + his property. For this is the great beginning of salvation to a state, and + upon this lasting basis may be erected afterwards whatever political order + is suitable under the circumstances; but if the change be based upon an + unsound principle, the future administration of the country will be full + of difficulties. That is a danger which, as I am saying, is escaped by us, + and yet we had better say how, if we had not escaped, we might have + escaped; and we may venture now to assert that no other way of escape, + whether narrow or broad, can be devised but freedom from avarice and a + sense of justice—upon this rock our city shall be built; for there + ought to be no disputes among citizens about property. If there are + quarrels of long standing among them, no legislator of any degree of sense + will proceed a step in the arrangement of the state until they are + settled. But that they to whom God has given, as He has to us, to be the + founders of a new state as yet free from enmity—that they should + create themselves enmities by their mode of distributing lands and houses, + would be superhuman folly and wickedness. + </p> + <p> + How then can we rightly order the distribution of the land? In the first + place, the number of the citizens has to be determined, and also the + number and size of the divisions into which they will have to be formed; + and the land and the houses will then have to be apportioned by us as + fairly as we can. The number of citizens can only be estimated + satisfactorily in relation to the territory and the neighbouring states. + The territory must be sufficient to maintain a certain number of + inhabitants in a moderate way of life—more than this is not + required; and the number of citizens should be sufficient to defend + themselves against the injustice of their neighbours, and also to give + them the power of rendering efficient aid to their neighbours when they + are wronged. After having taken a survey of their's and their neighbours' + territory, we will determine the limits of them in fact as well as in + theory. And now, let us proceed to legislate with a view to perfecting the + form and outline of our state. The number of our citizens shall be 5040—this + will be a convenient number; and these shall be owners of the land and + protectors of the allotment. The houses and the land will be divided in + the same way, so that every man may correspond to a lot. Let the whole + number be first divided into two parts, and then into three; and the + number is further capable of being divided into four or five parts, or any + number of parts up to ten. Every legislator ought to know so much + arithmetic as to be able to tell what number is most likely to be useful + to all cities; and we are going to take that number which contains the + greatest and most regular and unbroken series of divisions. The whole of + number has every possible division, and the number 5040 can be divided by + exactly fifty-nine divisors, and ten of these proceed without interval + from one to ten: this will furnish numbers for war and peace, and for all + contracts and dealings, including taxes and divisions of the land. These + properties of number should be ascertained at leisure by those who are + bound by law to know them; for they are true, and should be proclaimed at + the foundation of the city, with a view to use. Whether the legislator is + establishing a new state or restoring an old and decayed one, in respect + of Gods and temples,—the temples which are to be built in each city, + and the Gods or demi-gods after whom they are to be called,—if he be + a man of sense, he will make no change in anything which the oracle of + Delphi, or Dodona, or the God Ammon, or any ancient tradition has + sanctioned in whatever manner, whether by apparitions or reputed + inspiration of Heaven, in obedience to which mankind have established + sacrifices in connexion with mystic rites, either originating on the spot, + or derived from Tyrrhenia or Cyprus or some other place, and on the + strength of which traditions they have consecrated oracles and images, and + altars and temples, and portioned out a sacred domain for each of them. + The least part of all these ought not to be disturbed by the legislator; + but he should assign to the several districts some God, or demi-god, or + hero, and, in the distribution of the soil, should give to these first + their chosen domain and all things fitting, that the inhabitants of the + several districts may meet at fixed times, and that they may readily + supply their various wants, and entertain one another with sacrifices, and + become friends and acquaintances; for there is no greater good in a state + than that the citizens should be known to one another. When not light but + darkness and ignorance of each other's characters prevails among them, no + one will receive the honour of which he is deserving, or the power or the + justice to which he is fairly entitled: wherefore, in every state, above + all things, every man should take heed that he have no deceit in him, but + that he be always true and simple; and that no deceitful person take any + advantage of him. + </p> + <p> + The next move in our pastime of legislation, like the withdrawal of the + stone from the holy line in the game of draughts, being an unusual one, + will probably excite wonder when mentioned for the first time. And yet, if + a man will only reflect and weigh the matter with care, he will see that + our city is ordered in a manner which, if not the best, is the second + best. Perhaps also some one may not approve this form, because he thinks + that such a constitution is ill adapted to a legislator who has not + despotic power. The truth is, that there are three forms of government, + the best, the second and the third best, which we may just mention, and + then leave the selection to the ruler of the settlement. Following this + method in the present instance, let us speak of the states which are + respectively first, second, and third in excellence, and then we will + leave the choice to Cleinias now, or to any one else who may hereafter + have to make a similar choice among constitutions, and may desire to give + to his state some feature which is congenial to him and which he approves + in his own country. + </p> + <p> + The first and highest form of the state and of the government and of the + law is that in which there prevails most widely the ancient saying, that + 'Friends have all things in common.' Whether there is anywhere now, or + will ever be, this communion of women and children and of property, in + which the private and individual is altogether banished from life, and + things which are by nature private, such as eyes and ears and hands, have + become common, and in some way see and hear and act in common, and all men + express praise and blame and feel joy and sorrow on the same occasions, + and whatever laws there are unite the city to the utmost (compare + Republic),—whether all this is possible or not, I say that no man, + acting upon any other principle, will ever constitute a state which will + be truer or better or more exalted in virtue. Whether such a state is + governed by Gods or sons of Gods, one, or more than one, happy are the men + who, living after this manner, dwell there; and therefore to this we are + to look for the pattern of the state, and to cling to this, and to seek + with all our might for one which is like this. The state which we have now + in hand, when created, will be nearest to immortality and the only one + which takes the second place; and after that, by the grace of God, we will + complete the third one. And we will begin by speaking of the nature and + origin of the second. + </p> + <p> + Let the citizens at once distribute their land and houses, and not till + the land in common, since a community of goods goes beyond their proposed + origin, and nurture, and education. But in making the distribution, let + the several possessors feel that their particular lots also belong to the + whole city; and seeing that the earth is their parent, let them tend her + more carefully than children do their mother. For she is a goddess and + their queen, and they are her mortal subjects. Such also are the feelings + which they ought to entertain to the Gods and demi-gods of the country. + And in order that the distribution may always remain, they ought to + consider further that the present number of families should be always + retained, and neither increased nor diminished. This may be secured for + the whole city in the following manner:—Let the possessor of a lot + leave the one of his children who is his best beloved, and one only, to be + the heir of his dwelling, and his successor in the duty of ministering to + the Gods, the state and the family, as well the living members of it as + those who are departed when he comes into the inheritance; but of his + other children, if he have more than one, he shall give the females in + marriage according to the law to be hereafter enacted, and the males he + shall distribute as sons to those citizens who have no children, and are + disposed to receive them; or if there should be none such, and particular + individuals have too many children, male or female, or too few, as in the + case of barrenness—in all these cases let the highest and most + honourable magistracy created by us judge and determine what is to be done + with the redundant or deficient, and devise a means that the number of + 5040 houses shall always remain the same. There are many ways of + regulating numbers; for they in whom generation is affluent may be made to + refrain (compare Arist. Pol.), and, on the other hand, special care may be + taken to increase the number of births by rewards and stigmas, or we may + meet the evil by the elder men giving advice and administering rebuke to + the younger—in this way the object may be attained. And if after all + there be very great difficulty about the equal preservation of the 5040 + houses, and there be an excess of citizens, owing to the too great love of + those who live together, and we are at our wits' end, there is still the + old device often mentioned by us of sending out a colony, which will part + friends with us, and be composed of suitable persons. If, on the other + hand, there come a wave bearing a deluge of disease, or a plague of war, + and the inhabitants become much fewer than the appointed number by reason + of bereavement, we ought not to introduce citizens of spurious birth and + education, if this can be avoided; but even God is said not to be able to + fight against necessity. + </p> + <p> + Wherefore let us suppose this 'high argument' of ours to address us in the + following terms:—Best of men, cease not to honour according to + nature similarity and equality and sameness and agreement, as regards + number and every good and noble quality. And, above all, observe the + aforesaid number 5040 throughout life; in the second place, do not + disparage the small and modest proportions of the inheritances which you + received in the distribution, by buying and selling them to one another. + For then neither will the God who gave you the lot be your friend, nor + will the legislator; and indeed the law declares to the disobedient that + these are the terms upon which he may or may not take the lot. In the + first place, the earth as he is informed is sacred to the Gods; and in the + next place, priests and priestesses will offer up prayers over a first, + and second, and even a third sacrifice, that he who buys or sells the + houses or lands which he has received, may suffer the punishment which he + deserves; and these their prayers they shall write down in the temples, on + tablets of cypress-wood, for the instruction of posterity. Moreover they + will set a watch over all these things, that they may be observed;—the + magistracy which has the sharpest eyes shall keep watch that any + infringement of these commands may be discovered and punished as offences + both against the law and the God. How great is the benefit of such an + ordinance to all those cities, which obey and are administered + accordingly, no bad man can ever know, as the old proverb says; but only a + man of experience and good habits. For in such an order of things there + will not be much opportunity for making money; no man either ought, or + indeed will be allowed, to exercise any ignoble occupation, of which the + vulgarity is a matter of reproach to a freeman, and should never want to + acquire riches by any such means. + </p> + <p> + Further, the law enjoins that no private man shall be allowed to possess + gold and silver, but only coin for daily use, which is almost necessary in + dealing with artisans, and for payment of hirelings, whether slaves or + immigrants, by all those persons who require the use of them. Wherefore + our citizens, as we say, should have a coin passing current among + themselves, but not accepted among the rest of mankind; with a view, + however, to expeditions and journeys to other lands,—for embassies, + or for any other occasion which may arise of sending out a herald, the + state must also possess a common Hellenic currency. If a private person is + ever obliged to go abroad, let him have the consent of the magistrates and + go; and if when he returns he has any foreign money remaining, let him + give the surplus back to the treasury, and receive a corresponding sum in + the local currency. And if he is discovered to appropriate it, let it be + confiscated, and let him who knows and does not inform be subject to curse + and dishonour equally him who brought the money, and also to a fine not + less in amount than the foreign money which has been brought back. In + marrying and giving in marriage, no one shall give or receive any dowry at + all; and no one shall deposit money with another whom he does not trust as + a friend, nor shall he lend money upon interest; and the borrower should + be under no obligation to repay either capital or interest. That these + principles are best, any one may see who compares them with the first + principle and intention of a state. The intention, as we affirm, of a + reasonable statesman, is not what the many declare to be the object of a + good legislator, namely, that the state for the true interests of which he + is advising should be as great and as rich as possible, and should possess + gold and silver, and have the greatest empire by sea and land;—this + they imagine to be the real object of legislation, at the same time + adding, inconsistently, that the true legislator desires to have the city + the best and happiest possible. But they do not see that some of these + things are possible, and some of them are impossible; and he who orders + the state will desire what is possible, and will not indulge in vain + wishes or attempts to accomplish that which is impossible. The citizen + must indeed be happy and good, and the legislator will seek to make him + so; but very rich and very good at the same time he cannot be, not, at + least, in the sense in which the many speak of riches. For they mean by + 'the rich' the few who have the most valuable possessions, although the + owner of them may quite well be a rogue. And if this is true, I can never + assent to the doctrine that the rich man will be happy—he must be + good as well as rich. And good in a high degree, and rich in a high degree + at the same time, he cannot be. Some one will ask, why not? And we shall + answer—Because acquisitions which come from sources which are just + and unjust indifferently, are more than double those which come from just + sources only; and the sums which are expended neither honourably nor + disgracefully, are only half as great as those which are expended + honourably and on honourable purposes. Thus, if the one acquires double + and spends half, the other who is in the opposite case and is a good man + cannot possibly be wealthier than he. The first—I am speaking of the + saver and not of the spender—is not always bad; he may indeed in + some cases be utterly bad, but, as I was saying, a good man he never is. + For he who receives money unjustly as well as justly, and spends neither + nor unjustly, will be a rich man if he be also thrifty. On the other hand, + the utterly bad is in general profligate, and therefore very poor; while + he who spends on noble objects, and acquires wealth by just means only, + can hardly be remarkable for riches, any more than he can be very poor. + Our statement, then, is true, that the very rich are not good, and, if + they are not good, they are not happy. But the intention of our laws was, + that the citizens should be as happy as may be, and as friendly as + possible to one another. And men who are always at law with one another, + and amongst whom there are many wrongs done, can never be friends to one + another, but only those among whom crimes and lawsuits are few and slight. + Therefore we say that gold and silver ought not to be allowed in the city, + nor much of the vulgar sort of trade which is carried on by lending money, + or rearing the meaner kinds of live stock; but only the produce of + agriculture, and only so much of this as will not compel us in pursuing it + to neglect that for the sake of which riches exist—I mean, soul and + body, which without gymnastics, and without education, will never be worth + anything; and therefore, as we have said not once but many times, the care + of riches should have the last place in our thoughts. For there are in all + three things about which every man has an interest; and the interest about + money, when rightly regarded, is the third and lowest of them: midway + comes the interest of the body; and, first of all, that of the soul; and + the state which we are describing will have been rightly constituted if it + ordains honours according to this scale. But if, in any of the laws which + have been ordained, health has been preferred to temperance, or wealth to + health and temperate habits, that law must clearly be wrong. Wherefore, + also, the legislator ought often to impress upon himself the question—'What + do I want?' and 'Do I attain my aim, or do I miss the mark?' In this way, + and in this way only, he may acquit himself and free others from the work + of legislation. + </p> + <p> + Let the allottee then hold his lot upon the conditions which we have + mentioned. + </p> + <p> + It would be well that every man should come to the colony having all + things equal; but seeing that this is not possible, and one man will have + greater possessions than another, for many reasons and in particular in + order to preserve equality in special crises of the state, qualifications + of property must be unequal, in order that offices and contributions and + distributions may be proportioned to the value of each person's wealth, + and not solely to the virtue of his ancestors or himself, nor yet to the + strength and beauty of his person, but also to the measure of his wealth + or poverty; and so by a law of inequality, which will be in proportion to + his wealth, he will receive honours and offices as equally as possible, + and there will be no quarrels and disputes. To which end there should be + four different standards appointed according to the amount of property: + there should be a first and a second and a third and a fourth class, in + which the citizens will be placed, and they will be called by these or + similar names: they may continue in the same rank, or pass into another in + any individual case, on becoming richer from being poorer, or poorer from + being richer. The form of law which I should propose as the natural sequel + would be as follows:—In a state which is desirous of being saved + from the greatest of all plagues—not faction, but rather + distraction;—there should exist among the citizens neither extreme + poverty, nor, again, excess of wealth, for both are productive of both + these evils. Now the legislator should determine what is to be the limit + of poverty or wealth. Let the limit of poverty be the value of the lot; + this ought to be preserved, and no ruler, nor any one else who aspires + after a reputation for virtue, will allow the lot to be impaired in any + case. This the legislator gives as a measure, and he will permit a man to + acquire double or triple, or as much as four times the amount of this + (compare Arist. Pol.). But if a person have yet greater riches, whether he + has found them, or they have been given to him, or he has made them in + business, or has acquired by any stroke of fortune that which is in excess + of the measure, if he give back the surplus to the state, and to the Gods + who are the patrons of the state, he shall suffer no penalty or loss of + reputation; but if he disobeys this our law, any one who likes may inform + against him and receive half the value of the excess, and the delinquent + shall pay a sum equal to the excess out of his own property, and the other + half of the excess shall belong to the Gods. And let every possession of + every man, with the exception of the lot, be publicly registered before + the magistrates whom the law appoints, so that all suits about money may + be easy and quite simple. + </p> + <p> + The next thing to be noted is, that the city should be placed as nearly as + possible in the centre of the country; we should choose a place which + possesses what is suitable for a city, and this may easily be imagined and + described. Then we will divide the city into twelve portions, first + founding temples to Hestia, to Zeus and to Athene, in a spot which we will + call the Acropolis, and surround with a circular wall, making the division + of the entire city and country radiate from this point. The twelve + portions shall be equalized by the provision that those which are of good + land shall be smaller, while those of inferior quality shall be larger. + The number of the lots shall be 5040, and each of them shall be divided + into two, and every allotment shall be composed of two such sections; one + of land near the city, the other of land which is at a distance (compare + Arist. Pol.). This arrangement shall be carried out in the following + manner: The section which is near the city shall be added to that which is + on the borders, and form one lot, and the portion which is next nearest + shall be added to the portion which is next farthest; and so of the rest. + Moreover, in the two sections of the lots the same principle of + equalization of the soil ought to be maintained; the badness and goodness + shall be compensated by more and less. And the legislator shall divide the + citizens into twelve parts, and arrange the rest of their property, as far + as possible, so as to form twelve equal parts; and there shall be a + registration of all. After this they shall assign twelve lots to twelve + Gods, and call them by their names, and dedicate to each God their several + portions, and call the tribes after them. And they shall distribute the + twelve divisions of the city in the same way in which they divided the + country; and every man shall have two habitations, one in the centre of + the country, and the other at the extremity. Enough of the manner of + settlement. + </p> + <p> + Now we ought by all means to consider that there can never be such a happy + concurrence of circumstances as we have described; neither can all things + coincide as they are wanted. Men who will not take offence at such a mode + of living together, and will endure all their life long to have their + property fixed at a moderate limit, and to beget children in accordance + with our ordinances, and will allow themselves to be deprived of gold and + other things which the legislator, as is evident from these enactments, + will certainly forbid them; and will endure, further, the situation of the + land with the city in the middle and dwellings round about;—all this + is as if the legislator were telling his dreams, or making a city and + citizens of wax. There is truth in these objections, and therefore every + one should take to heart what I am going to say. Once more, then, the + legislator shall appear and address us:—'O my friends,' he will say + to us, 'do not suppose me ignorant that there is a certain degree of truth + in your words; but I am of opinion that, in matters which are not present + but future, he who exhibits a pattern of that at which he aims, should in + nothing fall short of the fairest and truest; and that if he finds any + part of this work impossible of execution he should avoid and not execute + it, but he should contrive to carry out that which is nearest and most + akin to it; you must allow the legislator to perfect his design, and when + it is perfected, you should join with him in considering what part of his + legislation is expedient and what will arouse opposition; for surely the + artist who is to be deemed worthy of any regard at all, ought always to + make his work self-consistent.' + </p> + <p> + Having determined that there is to be a distribution into twelve parts, + let us now see in what way this may be accomplished. There is no + difficulty in perceiving that the twelve parts admit of the greatest + number of divisions of that which they include, or in seeing the other + numbers which are consequent upon them, and are produced out of them up to + 5040; wherefore the law ought to order phratries and demes and villages, + and also military ranks and movements, as well as coins and measures, dry + and liquid, and weights, so as to be commensurable and agreeable to one + another. Nor should we fear the appearance of minuteness, if the law + commands that all the vessels which a man possesses should have a common + measure, when we consider generally that the divisions and variations of + numbers have a use in respect of all the variations of which they are + susceptible, both in themselves and as measures of height and depth, and + in all sounds, and in motions, as well those which proceed in a straight + direction, upwards or downwards, as in those which go round and round. The + legislator is to consider all these things and to bid the citizens, as far + as possible, not to lose sight of numerical order; for no single + instrument of youthful education has such mighty power, both as regards + domestic economy and politics, and in the arts, as the study of + arithmetic. Above all, arithmetic stirs up him who is by nature sleepy and + dull, and makes him quick to learn, retentive, shrewd, and aided by art + divine he makes progress quite beyond his natural powers (compare + Republic). All such things, if only the legislator, by other laws and + institutions, can banish meanness and covetousness from the souls of men, + so that they can use them properly and to their own good, will be + excellent and suitable instruments of education. But if he cannot, he will + unintentionally create in them, instead of wisdom, the habit of craft, + which evil tendency may be observed in the Egyptians and Phoenicians, and + many other races, through the general vulgarity of their pursuits and + acquisitions, whether some unworthy legislator of theirs has been the + cause, or some impediment of chance or nature. For we must not fail to + observe, O Megillus and Cleinias, that there is a difference in places, + and that some beget better men and others worse; and we must legislate + accordingly. Some places are subject to strange and fatal influences by + reason of diverse winds and violent heats, some by reason of waters; or, + again, from the character of the food given by the earth, which not only + affects the bodies of men for good or evil, but produces similar results + in their souls. And in all such qualities those spots excel in which there + is a divine inspiration, and in which the demigods have their appointed + lots, and are propitious, not adverse, to the settlers in them. To all + these matters the legislator, if he have any sense in him, will attend as + far as man can, and frame his laws accordingly. And this is what you, + Cleinias, must do, and to matters of this kind you must turn your mind + since you are going to colonize a new country. + </p> + <p> + CLEINIAS: Your words, Athenian Stranger, are excellent, and I will do as + you say. + </p> + <p> + <a name="link2H_4_0009" id="link2H_4_0009"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + BOOK VI. + </h2> + <p> + ATHENIAN: And now having made an end of the preliminaries we will proceed + to the appointment of magistracies. + </p> + <p> + CLEINIAS: Very good. + </p> + <p> + ATHENIAN: In the ordering of a state there are two parts: first, the + number of the magistracies, and the mode of establishing them; and, + secondly, when they have been established, laws again will have to be + provided for each of them, suitable in nature and number. But before + electing the magistrates let us stop a little and say a word in season + about the election of them. + </p> + <p> + CLEINIAS: What have you got to say? + </p> + <p> + ATHENIAN: This is what I have to say;—every one can see, that + although the work of legislation is a most important matter, yet if a + well-ordered city superadd to good laws unsuitable offices, not only will + there be no use in having the good laws,—not only will they be + ridiculous and useless, but the greatest political injury and evil will + accrue from them. + </p> + <p> + CLEINIAS: Of course. + </p> + <p> + ATHENIAN: Then now, my friend, let us observe what will happen in the + constitution of out intended state. In the first place, you will + acknowledge that those who are duly appointed to magisterial power, and + their families, should severally have given satisfactory proof of what + they are, from youth upward until the time of election; in the next place, + those who are to elect should have been trained in habits of law, and be + well educated, that they may have a right judgment, and may be able to + select or reject men whom they approve or disapprove, as they are worthy + of either. But how can we imagine that those who are brought together for + the first time, and are strangers to one another, and also uneducated, + will avoid making mistakes in the choice of magistrates? + </p> + <p> + CLEINIAS: Impossible. + </p> + <p> + ATHENIAN: The matter is serious, and excuses will not serve the turn. I + will tell you, then, what you and I will have to do, since you, as you + tell me, with nine others, have offered to settle the new state on behalf + of the people of Crete, and I am to help you by the invention of the + present romance. I certainly should not like to leave the tale wandering + all over the world without a head;—a headless monster is such a + hideous thing. + </p> + <p> + CLEINIAS: Excellent, Stranger. + </p> + <p> + ATHENIAN: Yes; and I will be as good as my word. + </p> + <p> + CLEINIAS: Let us by all means do as you propose. + </p> + <p> + ATHENIAN: That we will, by the grace of God, if old age will only permit + us. + </p> + <p> + CLEINIAS: But God will be gracious. + </p> + <p> + ATHENIAN: Yes; and under his guidance let us consider a further point. + </p> + <p> + CLEINIAS: What is it? + </p> + <p> + ATHENIAN: Let us remember what a courageously mad and daring creation this + our city is. + </p> + <p> + CLEINIAS: What had you in your mind when you said that? + </p> + <p> + ATHENIAN: I had in my mind the free and easy manner in which we are + ordaining that the inexperienced colonists shall receive our laws. Now a + man need not be very wise, Cleinias, in order to see that no one can + easily receive laws at their first imposition. But if we could anyhow wait + until those who have been imbued with them from childhood, and have been + nurtured in them, and become habituated to them, take their part in the + public elections of the state; I say, if this could be accomplished, and + rightly accomplished by any way or contrivance—then, I think that + there would be very little danger, at the end of the time, of a state thus + trained not being permanent. + </p> + <p> + CLEINIAS: A reasonable supposition. + </p> + <p> + ATHENIAN: Then let us consider if we can find any way out of the + difficulty; for I maintain, Cleinias, that the Cnosians, above all the + other Cretans, should not be satisfied with barely discharging their duty + to the colony, but they ought to take the utmost pains to establish the + offices which are first created by them in the best and surest manner. + Above all, this applies to the selection of the guardians of the law, who + must be chosen first of all, and with the greatest care; the others are of + less importance. + </p> + <p> + CLEINIAS: What method can we devise of electing them? + </p> + <p> + ATHENIAN: This will be the method:—Sons of the Cretans, I shall say + to them, inasmuch as the Cnosians have precedence over the other states, + they should, in common with those who join this settlement, choose a body + of thirty-seven in all, nineteen of them being taken from the settlers, + and the remainder from the citizens of Cnosus. Of these latter the + Cnosians shall make a present to your colony, and you yourself shall be + one of the eighteen, and shall become a citizen of the new state; and if + you and they cannot be persuaded to go, the Cnosians may fairly use a + little violence in order to make you. + </p> + <p> + CLEINIAS: But why, Stranger, do not you and Megillus take a part in our + new city? + </p> + <p> + ATHENIAN: O, Cleinias, Athens is proud, and Sparta too; and they are both + a long way off. But you and likewise the other colonists are conveniently + situated as you describe. I have been speaking of the way in which the new + citizens may be best managed under present circumstances; but in + after-ages, if the city continues to exist, let the election be on this + wise. All who are horse or foot soldiers, or have seen military service at + the proper ages when they were severally fitted for it (compare Arist. + Pol.), shall share in the election of magistrates; and the election shall + be held in whatever temple the state deems most venerable, and every one + shall carry his vote to the altar of the God, writing down on a tablet the + name of the person for whom he votes, and his father's name, and his + tribe, and ward; and at the side he shall write his own name in like + manner. Any one who pleases may take away any tablet which he does not + think properly filled up, and exhibit it in the Agora for a period of not + less than thirty days. The tablets which are judged to be first, to the + number of 300, shall be shown by the magistrates to the whole city, and + the citizens shall in like manner select from these the candidates whom + they prefer; and this second selection, to the number of 100, shall be + again exhibited to the citizens; in the third, let any one who pleases + select whom he pleases out of the 100, walking through the parts of + victims, and let them choose for magistrates and proclaim the + seven-and-thirty who have the greatest number of votes. But who, Cleinias + and Megillus, will order for us in the colony all this matter of the + magistrates, and the scrutinies of them? If we reflect, we shall see that + cities which are in process of construction like ours must have some such + persons, who cannot possibly be elected before there are any magistrates; + and yet they must be elected in some way, and they are not to be inferior + men, but the best possible. For as the proverb says, 'a good beginning is + half the business'; and 'to have begun well' is praised by all, and in my + opinion is a great deal more than half the business, and has never been + praised by any one enough. + </p> + <p> + CLEINIAS: That is very true. + </p> + <p> + ATHENIAN: Then let us recognize the difficulty, and make clear to our own + minds how the beginning is to be accomplished. There is only one proposal + which I have to offer, and that is one which, under our circumstances, is + both necessary and expedient. + </p> + <p> + CLEINIAS: What is it? + </p> + <p> + ATHENIAN: I maintain that this colony of ours has a father and mother, who + are no other than the colonizing state. Well I know that many colonies + have been, and will be, at enmity with their parents. But in early days + the child, as in a family, loves and is beloved; even if there come a time + later when the tie is broken, still, while he is in want of education, he + naturally loves his parents and is beloved by them, and flies to his + relatives for protection, and finds in them his only natural allies in + time of need; and this parental feeling already exists in the Cnosians, as + is shown by their care of the new city; and there is a similar feeling on + the part of the young city towards Cnosus. And I repeat what I was saying—for + there is no harm in repeating a good thing—that the Cnosians should + take a common interest in all these matters, and choose, as far as they + can, the eldest and best of the colonists, to the number of not less than + a hundred; and let there be another hundred of the Cnosians themselves. + These, I say, on their arrival, should have a joint care that the + magistrates should be appointed according to law, and that when they are + appointed they should undergo a scrutiny. When this has been effected, the + Cnosians shall return home, and the new city do the best she can for her + own preservation and happiness. I would have the seven-and-thirty now, and + in all future time, chosen to fulfil the following duties:—Let them, + in the first place, be the guardians of the law; and, secondly, of the + registers in which each one registers before the magistrate the amount of + his property, excepting four minae which are allowed to citizens of the + first class, three allowed to the second, two to the third, and a single + mina to the fourth. And if any one, despising the laws for the sake of + gain, be found to possess anything more which has not been registered, let + all that he has in excess be confiscated, and let him be liable to a suit + which shall be the reverse of honourable or fortunate. And let any one who + will, indict him on the charge of loving base gains, and proceed against + him before the guardians of the law. And if he be cast, let him lose his + share of the public possessions, and when there is any public + distribution, let him have nothing but his original lot; and let him be + written down a condemned man as long as he lives, in some place in which + any one who pleases can read about his offences. The guardian of the law + shall not hold office longer than twenty years, and shall not be less than + fifty years of age when he is elected; or if he is elected when he is + sixty years of age, he shall hold office for ten years only; and upon the + same principle, he must not imagine that he will be permitted to hold such + an important office as that of guardian of the laws after he is seventy + years of age, if he live so long. + </p> + <p> + These are the three first ordinances about the guardians of the law; as + the work of legislation progresses, each law in turn will assign to them + their further duties. And now we may proceed in order to speak of the + election of other officers; for generals have to be elected, and these + again must have their ministers, commanders, and colonels of horse, and + commanders of brigades of foot, who would be more rightly called by their + popular name of brigadiers. The guardians of the law shall propose as + generals men who are natives of the city, and a selection from the + candidates proposed shall be made by those who are or have been of the age + for military service. And if one who is not proposed is thought by + somebody to be better than one who is, let him name whom he prefers in the + place of whom, and make oath that he is better, and propose him; and + whichever of them is approved by vote shall be admitted to the final + selection; and the three who have the greatest number of votes shall be + appointed generals, and superintendents of military affairs, after + previously undergoing a scrutiny, like the guardians of the law. And let + the generals thus elected propose twelve brigadiers, one for each tribe; + and there shall be a right of counter-proposal as in the case of the + generals, and the voting and decision shall take place in the same way. + Until the prytanes and council are elected, the guardians of the law shall + convene the assembly in some holy spot which is suitable to the purpose, + placing the hoplites by themselves, and the cavalry by themselves, and in + a third division all the rest of the army. All are to vote for the + generals (and for the colonels of horse), but the brigadiers are to be + voted for only by those who carry shields (i.e. the hoplites). Let the + body of cavalry choose phylarchs for the generals; but captains of light + troops, or archers, or any other division of the army, shall be appointed + by the generals for themselves. There only remains the appointment of + officers of cavalry: these shall be proposed by the same persons who + proposed the generals, and the election and the counter-proposal of other + candidates shall be arranged in the same way as in the case of the + generals, and let the cavalry vote and the infantry look on at the + election; the two who have the greatest number of votes shall be the + leaders of all the horse. Disputes about the voting may be raised once or + twice; but if the dispute be raised a third time, the officers who preside + at the several elections shall decide. + </p> + <p> + The council shall consist of 30 x 12 members—360 will be a + convenient number for sub-division. If we divide the whole number into + four parts of ninety each, we get ninety counsellors for each class. + First, all the citizens shall select candidates from the first class; they + shall be compelled to vote, and, if they do not, shall be duly fined. When + the candidates have been selected, some one shall mark them down; this + shall be the business of the first day. And on the following day, + candidates shall be selected from the second class in the same manner and + under the same conditions as on the previous day; and on the third day a + selection shall be made from the third class, at which every one may, if + he likes vote, and the three first classes shall be compelled to vote; but + the fourth and lowest class shall be under no compulsion, and any member + of this class who does not vote shall not be punished. On the fourth day + candidates shall be selected from the fourth and smallest class; they + shall be selected by all, but he who is of the fourth class shall suffer + no penalty, nor he who is of the third, if he be not willing to vote; but + he who is of the first or second class, if he does not vote shall be + punished;—he who is of the second class shall pay a fine of triple + the amount which was exacted at first, and he who is of the first class + quadruple. On the fifth day the rulers shall bring out the names noted + down, for all the citizens to see, and every man shall choose out of them, + under pain, if he do not, of suffering the first penalty; and when they + have chosen 180 out of each of the classes, they shall choose one-half of + them by lot, who shall undergo a scrutiny:—These are to form the + council for the year. + </p> + <p> + The mode of election which has been described is in a mean between + monarchy and democracy, and such a mean the state ought always to observe; + for servants and masters never can be friends, nor good and bad, merely + because they are declared to have equal privileges. For to unequals equals + become unequal, if they are not harmonised by measure; and both by reason + of equality, and by reason of inequality, cities are filled with + seditions. The old saying, that 'equality makes friendship,' is happy and + also true; but there is obscurity and confusion as to what sort of + equality is meant. For there are two equalities which are called by the + same name, but are in reality in many ways almost the opposite of one + another; one of them may be introduced without difficulty, by any state or + any legislator in the distribution of honours: this is the rule of + measure, weight, and number, which regulates and apportions them. But + there is another equality, of a better and higher kind, which is not so + easily recognized. This is the judgment of Zeus; among men it avails but + little; that little, however, is the source of the greatest good to + individuals and states. For it gives to the greater more, and to the + inferior less and in proportion to the nature of each; and, above all, + greater honour always to the greater virtue, and to the less less; and to + either in proportion to their respective measure of virtue and education. + And this is justice, and is ever the true principle of states, at which we + ought to aim, and according to this rule order the new city which is now + being founded, and any other city which may be hereafter founded. To this + the legislator should look,—not to the interests of tyrants one or + more, or to the power of the people, but to justice always; which, as I + was saying, is the distribution of natural equality among unequals in each + case. But there are times at which every state is compelled to use the + words, 'just,' 'equal,' in a secondary sense, in the hope of escaping in + some degree from factions. For equity and indulgence are infractions of + the perfect and strict rule of justice. And this is the reason why we are + obliged to use the equality of the lot, in order to avoid the discontent + of the people; and so we invoke God and fortune in our prayers, and beg + that they themselves will direct the lot with a view to supreme justice. + And therefore, although we are compelled to use both equalities, we should + use that into which the element of chance enters as seldom as possible. + </p> + <p> + Thus, O my friends, and for the reasons given, should a state act which + would endure and be saved. But as a ship sailing on the sea has to be + watched night and day, in like manner a city also is sailing on a sea of + politics, and is liable to all sorts of insidious assaults; and therefore + from morning to night, and from night to morning, rulers must join hands + with rulers, and watchers with watchers, receiving and giving up their + trust in a perpetual succession. Now a multitude can never fulfil a duty + of this sort with anything like energy. Moreover, the greater number of + the senators will have to be left during the greater part of the year to + order their concerns at their own homes. They will therefore have to be + arranged in twelve portions, answering to the twelve months, and furnish + guardians of the state, each portion for a single month. Their business is + to be at hand and receive any foreigner or citizen who comes to them, + whether to give information, or to put one of those questions, to which, + when asked by other cities, a city should give an answer, and to which, if + she ask them herself, she should receive an answer; or again, when there + is a likelihood of internal commotions, which are always liable to happen + in some form or other, they will, if they can, prevent their occurring; or + if they have already occurred, will lose no time in making them known to + the city, and healing the evil. Wherefore, also, this which is the + presiding body of the state ought always to have the control of their + assemblies, and of the dissolutions of them, ordinary as well as + extraordinary. All this is to be ordered by the twelfth part of the + council, which is always to keep watch together with the other officers of + the state during one portion of the year, and to rest during the remaining + eleven portions. + </p> + <p> + Thus will the city be fairly ordered. And now, who is to have the + superintendence of the country, and what shall be the arrangement? Seeing + that the whole city and the entire country have been both of them divided + into twelve portions, ought there not to be appointed superintendents of + the streets of the city, and of the houses, and buildings, and harbours, + and the agora, and fountains, and sacred domains, and temples, and the + like? + </p> + <p> + CLEINIAS: To be sure there ought. + </p> + <p> + ATHENIAN: Let us assume, then, that there ought to be servants of the + temples, and priests and priestesses. There must also be superintendents + of roads and buildings, who will have a care of men, that they may do no + harm, and also of beasts, both within the enclosure and in the suburbs. + Three kinds of officers will thus have to be appointed, in order that the + city may be suitably provided according to her needs. Those who have the + care of the city shall be called wardens of the city; and those who have + the care of the agora shall be called wardens of the agora; and those who + have the care of the temples shall be called priests. Those who hold + hereditary offices as priests or priestesses, shall not be disturbed; but + if there be few or none such, as is probable at the foundation of a new + city, priests and priestesses shall be appointed to be servants of the + Gods who have no servants. Some of our officers shall be elected, and + others appointed by lot, those who are of the people and those who are not + of the people mingling in a friendly manner in every place and city, that + the state may be as far as possible of one mind. The officers of the + temples shall be appointed by lot; in this way their election will be + committed to God, that He may do what is agreeable to Him. And he who + obtains a lot shall undergo a scrutiny, first, as to whether he is sound + of body and of legitimate birth; and in the second place, in order to show + that he is of a perfectly pure family, not stained with homicide or any + similar impiety in his own person, and also that his father and mother + have led a similar unstained life. Now the laws about all divine things + should be brought from Delphi, and interpreters appointed, under whose + direction they should be used. The tenure of the priesthood should always + be for a year and no longer; and he who will duly execute the sacred + office, according to the laws of religion, must be not less than sixty + years of age—the laws shall be the same about priestesses. As for + the interpreters, they shall be appointed thus:—Let the twelve + tribes be distributed into groups of four, and let each group select four, + one out of each tribe within the group, three times; and let the three who + have the greatest number of votes (out of the twelve appointed by each + group), after undergoing a scrutiny, nine in all, be sent to Delphi, in + order that the God may return one out of each triad; their age shall be + the same as that of the priests, and the scrutiny of them shall be + conducted in the same manner; let them be interpreters for life, and when + any one dies let the four tribes select another from the tribe of the + deceased. Moreover, besides priests and interpreters, there must be + treasurers, who will take charge of the property of the several temples, + and of the sacred domains, and shall have authority over the produce and + the letting of them; and three of them shall be chosen from the highest + classes for the greater temples, and two for the lesser, and one for the + least of all; the manner of their election and the scrutiny of them shall + be the same as that of the generals. This shall be the order of the + temples. + </p> + <p> + Let everything have a guard as far as possible. Let the defence of the + city be commited to the generals, and taxiarchs, and hipparchs, and + phylarchs, and prytanes, and the wardens of the city, and of the agora, + when the election of them has been completed. The defence of the country + shall be provided for as follows:—The entire land has been already + distributed into twelve as nearly as possible equal parts, and let the + tribe allotted to a division provide annually for it five wardens of the + country and commanders of the watch; and let each body of five have the + power of selecting twelve others out of the youth of their own tribe,—these + shall be not less than twenty-five years of age, and not more than thirty. + And let there be allotted to them severally every month the various + districts, in order that they may all acquire knowledge and experience of + the whole country. The term of service for commanders and for watchers + shall continue during two years. After having had their stations allotted + to them, they will go from place to place in regular order, making their + round from left to right as their commanders direct them; (when I speak of + going to the right, I mean that they are to go to the east). And at the + commencement of the second year, in order that as many as possible of the + guards may not only get a knowledge of the country at any one season of + the year, but may also have experience of the manner in which different + places are affected at different seasons of the year, their then + commanders shall lead them again towards the left, from place to place in + succession, until they have completed the second year. In the third year + other wardens of the country shall be chosen and commanders of the watch, + five for each division, who are to be the superintendents of the bands of + twelve. While on service at each station, their attention shall be + directed to the following points:—In the first place, they shall see + that the country is well protected against enemies; they shall trench and + dig wherever this is required, and, as far as they can, they shall by + fortifications keep off the evil-disposed, in order to prevent them from + doing any harm to the country or the property; they shall use the beasts + of burden and the labourers whom they find on the spot: these will be + their instruments whom they will superintend, taking them, as far as + possible, at the times when they are not engaged in their regular + business. They shall make every part of the country inaccessible to + enemies, and as accessible as possible to friends (compare Arist. Pol.); + there shall be ways for man and beasts of burden and for cattle, and they + shall take care to have them always as smooth as they can; and shall + provide against the rains doing harm instead of good to the land, when + they come down from the mountains into the hollow dells; and shall keep in + the overflow by the help of works and ditches, in order that the valleys, + receiving and drinking up the rain from heaven, and providing fountains + and streams in the fields and regions which lie underneath, may furnish + even to the dry places plenty of good water. The fountains of water, + whether of rivers or of springs, shall be ornamented with plantations and + buildings for beauty; and let them bring together the streams in + subterraneous channels, and make all things plenteous; and if there be a + sacred grove or dedicated precinct in the neighbourhood, they shall + conduct the water to the actual temples of the Gods, and so beautify them + at all seasons of the year. Everywhere in such places the youth shall make + gymnasia for themselves, and warm baths for the aged, placing by them + abundance of dry wood, for the benefit of those labouring under disease—there + the weary frame of the rustic, worn with toil, will receive a kindly + welcome, far better than he would at the hands of a not over-wise doctor. + </p> + <p> + The building of these and the like works will be useful and ornamental; + they will provide a pleasing amusement, but they will be a serious + employment too; for the sixty wardens will have to guard their several + divisions, not only with a view to enemies, but also with an eye to + professing friends. When a quarrel arises among neighbours or citizens, + and any one whether slave or freeman wrongs another, let the five wardens + decide small matters on their own authority; but where the charge against + another relates to greater matters, the seventeen composed of the fives + and twelves, shall determine any charges which one man brings against + another, not involving more than three minae. Every judge and magistrate + shall be liable to give an account of his conduct in office, except those + who, like kings, have the final decision. Moreover, as regards the + aforesaid wardens of the country, if they do any wrong to those of whom + they have the care, whether by imposing upon them unequal tasks, or by + taking the produce of the soil or implements of husbandry without their + consent; also if they receive anything in the way of a bribe, or decide + suits unjustly, or if they yield to the influences of flattery, let them + be publicly dishonoured; and in regard to any other wrong which they do to + the inhabitants of the country, if the question be of a mina, let them + submit to the decision of the villagers in the neighbourhood; but in suits + of greater amount, or in case of lesser, if they refuse to submit, + trusting that their monthly removal into another part of the country will + enable them to escape—in such cases the injured party may bring his + suit in the common court, and if he obtain a verdict he may exact from the + defendant, who refused to submit, a double penalty. + </p> + <p> + The wardens and the overseers of the country, while on their two years' + service, shall have common meals at their several stations, and shall all + live together; and he who is absent from the common meal, or sleeps out, + if only for one day or night, unless by order of his commanders, or by + reason of absolute necessity, if the five denounce him and inscribe his + name in the agora as not having kept his guard, let him be deemed to have + betrayed the city, as far as lay in his power, and let him be disgraced + and beaten with impunity by any one who meets him and is willing to punish + him. If any of the commanders is guilty of such an irregularity, the whole + company of sixty shall see to it, and he who is cognisant of the offence, + and does not bring the offender to trial, shall be amenable to the same + laws as the younger offender himself, and shall pay a heavier fine, and be + incapable of ever commanding the young. The guardians of the law are to be + careful inspectors of these matters, and shall either prevent or punish + offenders. Every man should remember the universal rule, that he who is + not a good servant will not be a good master; a man should pride himself + more upon serving well than upon commanding well: first upon serving the + laws, which is also the service of the Gods; in the second place, upon + having served ancient and honourable men in the days of his youth. + Furthermore, during the two years in which any one is a warden of the + country, his daily food ought to be of a simple and humble kind. When the + twelve have been chosen, let them and the five meet together, and + determine that they will be their own servants, and, like servants, will + not have other slaves and servants for their own use, neither will they + use those of the villagers and husbandmen for their private advantage, but + for the public service only; and in general they should make up their + minds to live independently by themselves, servants of each other and of + themselves. Further, at all seasons of the year, summer and winter alike, + let them be under arms and survey minutely the whole country; thus they + will at once keep guard, and at the same time acquire a perfect knowledge + of every locality. There can be no more important kind of information than + the exact knowledge of a man's own country; and for this as well as for + more general reasons of pleasure and advantage, hunting with dogs and + other kinds of sports should be pursued by the young. The service to whom + this is committed may be called the secret police or wardens of the + country; the name does not much signify, but every one who has the safety + of the state at heart will use his utmost diligence in this service. + </p> + <p> + After the wardens of the country, we have to speak of the election of + wardens of the agora and of the city. The wardens of the country were + sixty in number, and the wardens of the city will be three, and will + divide the twelve parts of the city into three; like the former, they + shall have care of the ways, and of the different high roads which lead + out of the country into the city, and of the buildings, that they may be + all made according to law;—also of the waters, which the guardians + of the supply preserve and convey to them, care being taken that they may + reach the fountains pure and abundant, and be both an ornament and a + benefit to the city. These also should be men of influence, and at leisure + to take care of the public interest. Let every man propose as warden of + the city any one whom he likes out of the highest class, and when the vote + has been given on them, and the number is reduced to the six who have the + greatest number of votes, let the electing officers choose by lot three + out of the six, and when they have undergone a scrutiny let them hold + office according to the laws laid down for them. Next, let the wardens of + the agora be elected in like manner, out of the first and second class, + five in number: ten are to be first elected, and out of the ten five are + to be chosen by lot, as in the election of the wardens of the city:—these + when they have undergone a scrutiny are to be declared magistrates. Every + one shall vote for every one, and he who will not vote, if he be informed + against before the magistrates, shall be fined fifty drachmae, and shall + also be deemed a bad citizen. Let any one who likes go to the assembly and + to the general council; it shall be compulsory to go on citizens of the + first and second class, and they shall pay a fine of ten drachmae if they + be found not answering to their names at the assembly. But the third and + fourth class shall be under no compulsion, and shall be let off without a + fine, unless the magistrates have commanded all to be present, in + consequence of some urgent necessity. The wardens of the agora shall + observe the order appointed by law for the agora, and shall have the + charge of the temples and fountains which are in the agora; and they shall + see that no one injures anything, and punish him who does, with stripes + and bonds, if he be a slave or stranger; but if he be a citizen who + misbehaves in this way, they shall have the power themselves of inflicting + a fine upon him to the amount of a hundred drachmae, or with the consent + of the wardens of the city up to double that amount. And let the wardens + of the city have a similar power of imposing punishments and fines in + their own department; and let them impose fines by their own department; + and let them impose fines by their own authority, up to a mina, or up to + two minae with the consent of the wardens of the agora. + </p> + <p> + In the next place, it will be proper to appoint directors of music and + gymnastic, two kinds of each—of the one kind the business will be + education, of the other, the superintendence of contests. In speaking of + education, the law means to speak of those who have the care of order and + instruction in gymnasia and schools, and of the going to school, and of + school buildings for boys and girls; and in speaking of contests, the law + refers to the judges of gymnastics and of music; these again are divided + into two classes, the one having to do with music, the other with + gymnastics; and the same who judge of the gymnastic contests of men, shall + judge of horses; but in music there shall be one set of judges of solo + singing, and of imitation—I mean of rhapsodists, players on the + harp, the flute and the like, and another who shall judge of choral song. + First of all, we must choose directors for the choruses of boys, and men, + and maidens, whom they shall follow in the amusement of the dance, and for + our other musical arrangements;—one director will be enough for the + choruses, and he should be not less than forty years of age. One director + will also be enough to introduce the solo singers, and to give judgment on + the competitors, and he ought not to be less than thirty years of age. The + director and manager of the choruses shall be elected after the following + manner:—Let any persons who commonly take an interest in such + matters go to the meeting, and be fined if they do not go (the guardians + of the law shall judge of their fault), but those who have no interest + shall not be compelled. The elector shall propose as director some one who + understands music, and he in the scrutiny may be challenged on the one + part by those who say he has no skill, and defended on the other hand by + those who say that he has. Ten are to be elected by vote, and he of the + ten who is chosen by lot shall undergo a scrutiny, and lead the choruses + for a year according to law. And in like manner the competitor who wins + the lot shall be leader of the solo and concert music for that year; and + he who is thus elected shall deliver the award to the judges. In the next + place, we have to choose judges in the contests of horses and of men; + these shall be selected from the third and also from the second class of + citizens, and three first classes shall be compelled to go to the + election, but the lowest may stay away with impunity; and let there be + three elected by lot out of the twenty who have been chosen previously, + and they must also have the vote and approval of the examiners. But if any + one is rejected in the scrutiny at any ballot or decision, others shall be + chosen in the same manner, and undergo a similar scrutiny. + </p> + <p> + There remains the minister of the education of youth, male and female; he + too will rule according to law; one such minister will be sufficient, and + he must be fifty years old, and have children lawfully begotten, both boys + and girls by preference, at any rate, one or the other. He who is elected, + and he who is the elector, should consider that of all the great offices + of state this is the greatest; for the first shoot of any plant, if it + makes a good start towards the attainment of its natural excellence, has + the greatest effect on its maturity; and this is not only true of plants, + but of animals wild and tame, and also of men. Man, as we say, is a tame + or civilized animal; nevertheless, he requires proper instruction and a + fortunate nature, and then of all animals he becomes the most divine and + most civilized (Arist. Pol.); but if he be insufficiently or ill educated + he is the most savage of earthly creatures. Wherefore the legislator ought + not to allow the education of children to become a secondary or accidental + matter. In the first place, he who would be rightly provident about them, + should begin by taking care that he is elected, who of all the citizens is + in every way best; him the legislator shall do his utmost to appoint + guardian and superintendent. To this end all the magistrates, with the + exception of the council and prytanes, shall go to the temple of Apollo, + and elect by ballot him of the guardians of the law whom they severally + think will be the best superintendent of education. And he who has the + greatest number of votes, after he has undergone a scrutiny at the hands + of all the magistrates who have been his electors, with the exception of + the guardians of the law,—shall hold office for five years; and in + the sixth year let another be chosen in like manner to fill his office. + </p> + <p> + If any one dies while he is holding a public office, and more than thirty + days before his term of office expires, let those whose business it is + elect another to the office in the same manner as before. And if any one + who is entrusted with orphans dies, let the relations both on the father's + and mother's side, who are residing at home, including cousins, appoint + another guardian within ten days, or be fined a drachma a day for neglect + to do so. + </p> + <p> + A city which has no regular courts of law ceases to be a city; and again, + if a judge is silent and says no more in preliminary proceedings than the + litigants, as is the case in arbitrations, he will never be able to decide + justly; wherefore a multitude of judges will not easily judge well, nor a + few if they are bad. The point in dispute between the parties should be + made clear; and time, and deliberation, and repeated examination, greatly + tend to clear up doubts. For this reason, he who goes to law with another, + should go first of all to his neighbours and friends who know best the + questions at issue. And if he be unable to obtain from them a satisfactory + decision, let him have recourse to another court; and if the two courts + cannot settle the matter, let a third put an end to the suit. + </p> + <p> + Now the establishment of courts of justice may be regarded as a choice of + magistrates, for every magistrate must also be a judge of some things; and + the judge, though he be not a magistrate, yet in certain respects is a + very important magistrate on the day on which he is determining a suit. + Regarding then the judges also as magistrates, let us say who are fit to + be judges, and of what they are to be judges, and how many of them are to + judge in each suit. Let that be the supreme tribunal which the litigants + appoint in common for themselves, choosing certain persons by agreement. + And let there be two other tribunals: one for private causes, when a + citizen accuses another of wronging him and wishes to get a decision; the + other for public causes, in which some citizen is of opinion that the + public has been wronged by an individual, and is willing to vindicate the + common interests. And we must not forget to mention how the judges are to + be qualified, and who they are to be. In the first place, let there be a + tribunal open to all private persons who are trying causes one against + another for the third time, and let this be composed as follows:—All + the officers of state, as well annual as those holding office for a longer + period, when the new year is about to commence, in the month following + after the summer solstice, on the last day but one of the year, shall meet + in some temple, and calling God to witness, shall dedicate one judge from + every magistracy to be their first-fruits, choosing in each office him who + seems to them to be the best, and whom they deem likely to decide the + causes of his fellow-citizens during the ensuing year in the best and + holiest manner. And when the election is completed, a scrutiny shall be + held in the presence of the electors themselves, and if any one be + rejected another shall be chosen in the same manner. Those who have + undergone the scrutiny shall judge the causes of those who have declined + the inferior courts, and shall give their vote openly. The councillors and + other magistrates who have elected them shall be required to be hearers + and spectators of the causes; and any one else may be present who pleases. + If one man charges another with having intentionally decided wrong, let + him go to the guardians of the law and lay his accusation before them, and + he who is found guilty in such a case shall pay damages to the injured + party equal to half the injury; but if he shall appear to deserve a + greater penalty, the judges shall determine what additional punishment he + shall suffer, and how much more he ought to pay to the public treasury, + and to the party who brought the suit. + </p> + <p> + In the judgment of offences against the state, the people ought to + participate, for when any one wrongs the state all are wronged, and may + reasonably complain if they are not allowed to share in the decision. Such + causes ought to originate with the people, and the ought also to have the + final decision of them, but the trial of them shall take place before + three of the highest magistrates, upon whom the plaintiff and the + defendant shall agree; and if they are not able to come to an agreement + themselves, the council shall choose one of the two proposed. And in + private suits, too, as far as is possible, all should have a share; for he + who has no share in the administration of justice, is apt to imagine that + he has no share in the state at all. And for this reason there shall be a + court of law in every tribe, and the judges shall be chosen by lot;—they + shall give their decisions at once, and shall be inaccessible to + entreaties. The final judgment shall rest with that court which, as we + maintain, has been established in the most incorruptible form of which + human things admit: this shall be the court established for those who are + unable to get rid of their suits either in the courts of neighbours or of + the tribes. + </p> + <p> + Thus much of the courts of law, which, as I was saying, cannot be + precisely defined either as being or not being offices; a superficial + sketch has been given of them, in which some things have been told and + others omitted. For the right place of an exact statement of the laws + respecting suits, under their several heads, will be at the end of the + body of legislation;—let us then expect them at the end. Hitherto + our legislation has been chiefly occupied with the appointment of offices. + Perfect unity and exactness, extending to the whole and every particular + of political administration, cannot be attained to the full, until the + discussion shall have a beginning, middle, and end, and is complete in + every part. At present we have reached the election of magistrates, and + this may be regarded as a sufficient termination of what preceded. And now + there need no longer be any delay or hesitation in beginning the work of + legislation. + </p> + <p> + CLEINIAS: I like what you have said, Stranger; and I particularly like + your manner of tacking on the beginning of your new discourse to the end + of the former one. + </p> + <p> + ATHENIAN: Thus far, then, the old men's rational pastime has gone off + well. + </p> + <p> + CLEINIAS: You mean, I suppose, their serious and noble pursuit? + </p> + <p> + ATHENIAN: Perhaps; but I should like to know whether you and I are agreed + about a certain thing. + </p> + <p> + CLEINIAS: About what thing? + </p> + <p> + ATHENIAN: You know the endless labour which painters expend upon their + pictures—they are always putting in or taking out colours, or + whatever be the term which artists employ; they seem as if they would + never cease touching up their works, which are always being made brighter + and more beautiful. + </p> + <p> + CLEINIAS: I know something of these matters from report, although I have + never had any great acquaintance with the art. + </p> + <p> + ATHENIAN: No matter; we may make use of the illustration notwithstanding:—Suppose + that some one had a mind to paint a figure in the most beautiful manner, + in the hope that his work instead of losing would always improve as time + went on—do you not see that being a mortal, unless he leaves some + one to succeed him who will correct the flaws which time may introduce, + and be able to add what is left imperfect through the defect of the + artist, and who will further brighten up and improve the picture, all his + great labour will last but a short time? + </p> + <p> + CLEINIAS: True. + </p> + <p> + ATHENIAN: And is not the aim of the legislator similar? First, he desires + that his laws should be written down with all possible exactness; in the + second place, as time goes on and he has made an actual trial of his + decrees, will he not find omissions? Do you imagine that there ever was a + legislator so foolish as not to know that many things are necessarily + omitted, which some one coming after him must correct, if the constitution + and the order of government is not to deteriorate, but to improve in the + state which he has established? + </p> + <p> + CLEINIAS: Assuredly, that is the sort of thing which every one would + desire. + </p> + <p> + ATHENIAN: And if any one possesses any means of accomplishing this by word + or deed, or has any way great or small by which he can teach a person to + understand how he can maintain and amend the laws, he should finish what + he has to say, and not leave the work incomplete. + </p> + <p> + CLEINIAS: By all means. + </p> + <p> + ATHENIAN: And is not this what you and I have to do at the present moment? + </p> + <p> + CLEINIAS: What have we to do? + </p> + <p> + ATHENIAN: As we are about to legislate and have chosen our guardians of + the law, and are ourselves in the evening of life, and they as compared + with us are young men, we ought not only to legislate for them, but to + endeavour to make them not only guardians of the law but legislators + themselves, as far as this is possible. + </p> + <p> + CLEINIAS: Certainly; if we can. + </p> + <p> + ATHENIAN: At any rate, we must do our best. + </p> + <p> + CLEINIAS: Of course. + </p> + <p> + ATHENIAN: We will say to them—O friends and saviours of our laws, in + laying down any law, there are many particulars which we shall omit, and + this cannot be helped; at the same time, we will do our utmost to describe + what is important, and will give an outline which you shall fill up. And I + will explain on what principle you are to act. Megillus and Cleinias and I + have often spoken to one another touching these matters, and we are of + opinion that we have spoken well. And we hope that you will be of the same + mind with us, and become our disciples, and keep in view the things which + in our united opinion the legislator and guardian of the law ought to keep + in view. There was one main point about which we were agreed—that a + man's whole energies throughout life should be devoted to the acquisition + of the virtue proper to a man, whether this was to be gained by study, or + habit, or some mode of acquisition, or desire, or opinion, or knowledge—and + this applies equally to men and women, old and young—the aim of all + should always be such as I have described; anything which may be an + impediment, the good man ought to show that he utterly disregards. And if + at last necessity plainly compels him to be an outlaw from his native + land, rather than bow his neck to the yoke of slavery and be ruled by + inferiors, and he has to fly, an exile he must be and endure all such + trials, rather than accept another form of government, which is likely to + make men worse. These are our original principles; and do you now, fixing + your eyes upon the standard of what a man and a citizen ought or ought not + to be, praise and blame the laws—blame those which have not this + power of making the citizen better, but embrace those which have; and with + gladness receive and live in them; bidding a long farewell to other + institutions which aim at goods, as they are termed, of a different kind. + </p> + <p> + Let us proceed to another class of laws, beginning with their foundation + in religion. And we must first return to the number 5040—the entire + number had, and has, a great many convenient divisions, and the number of + the tribes which was a twelfth part of the whole, being correctly formed + by 21 x 20 (5040/(21 x 20), i.e., 5040/420 = 12), also has them. And not + only is the whole number divisible by twelve, but also the number of each + tribe is divisible by twelve. Now every portion should be regarded by us + as a sacred gift of Heaven, corresponding to the months and to the + revolution of the universe (compare Tim.). Every city has a guiding and + sacred principle given by nature, but in some the division or distribution + has been more right than in others, and has been more sacred and + fortunate. In our opinion, nothing can be more right than the selection of + the number 5040, which may be divided by all numbers from one to twelve + with the single exception of eleven, and that admits of a very easy + correction; for if, turning to the dividend (5040), we deduct two + families, the defect in the division is cured. And the truth of this may + be easily proved when we have leisure. But for the present, trusting to + the mere assertion of this principle, let us divide the state; and + assigning to each portion some God or son of a God, let us give them + altars and sacred rites, and at the altars let us hold assemblies for + sacrifice twice in the month—twelve assemblies for the tribes, and + twelve for the city, according to their divisions; the first in honour of + the Gods and divine things, and the second to promote friendship and + 'better acquaintance,' as the phrase is, and every sort of good fellowship + with one another. For people must be acquainted with those into whose + families and whom they marry and with those to whom they give in marriage; + in such matters, as far as possible, a man should deem it all important to + avoid a mistake, and with this serious purpose let games be instituted + (compare Republic) in which youths and maidens shall dance together, + seeing one another and being seen naked, at a proper age, and on a + suitable occasion, not transgressing the rules of modesty. + </p> + <p> + The directors of choruses will be the superintendents and regulators of + these games, and they, together with the guardians of the law, will + legislate in any matters which we have omitted; for, as we said, where + there are numerous and minute details, the legislator must leave out + something. And the annual officers who have experience, and know what is + wanted, must make arrangements and improvements year by year, until such + enactments and provisions are sufficiently determined. A ten years' + experience of sacrifices and dances, if extending to all particulars, will + be quite sufficient; and if the legislator be alive they shall communicate + with him, but if he be dead then the several officers shall refer the + omissions which come under their notice to the guardians of the law, and + correct them, until all is perfect; and from that time there shall be no + more change, and they shall establish and use the new laws with the others + which the legislator originally gave them, and of which they are never, if + they can help, to change aught; or, if some necessity overtakes them, the + magistrates must be called into counsel, and the whole people, and they + must go to all the oracles of the Gods; and if they are all agreed, in + that case they may make the change, but if they are not agreed, by no + manner of means, and any one who dissents shall prevail, as the law + ordains. + </p> + <p> + Whenever any one over twenty-five years of age, having seen and been seen + by others, believes himself to have found a marriage connexion which is to + his mind, and suitable for the procreation of children, let him marry if + he be still under the age of five-and-thirty years; but let him first hear + how he ought to seek after what is suitable and appropriate (compare + Arist. Pol.). For, as Cleinias says, every law should have a suitable + prelude. + </p> + <p> + CLEINIAS: You recollect at the right moment, Stranger, and do not miss the + opportunity which the argument affords of saying a word in season. + </p> + <p> + ATHENIAN: I thank you. We will say to him who is born of good parents—O + my son, you ought to make such a marriage as wise men would approve. Now + they would advise you neither to avoid a poor marriage, nor specially to + desire a rich one; but if other things are equal, always to honour + inferiors, and with them to form connexions;—this will be for the + benefit of the city and of the families which are united; for the equable + and symmetrical tends infinitely more to virtue than the unmixed. And he + who is conscious of being too headstrong, and carried away more than is + fitting in all his actions, ought to desire to become the relation of + orderly parents; and he who is of the opposite temper ought to seek the + opposite alliance. Let there be one word concerning all marriages:—Every + man shall follow, not after the marriage which is most pleasing to + himself, but after that which is most beneficial to the state. For somehow + every one is by nature prone to that which is likest to himself, and in + this way the whole city becomes unequal in property and in disposition; + and hence there arise in most states the very results which we least + desire to happen. Now, to add to the law an express provision, not only + that the rich man shall not marry into the rich family, nor the powerful + into the family of the powerful, but that the slower natures shall be + compelled to enter into marriage with the quicker, and the quicker with + the slower, may awaken anger as well as laughter in the minds of many; for + there is a difficulty in perceiving that the city ought to be well mingled + like a cup, in which the maddening wine is hot and fiery, but when + chastened by a soberer God, receives a fair associate and becomes an + excellent and temperate drink (compare Statesman). Yet in marriage no one + is able to see that the same result occurs. Wherefore also the law must + let alone such matters, but we should try to charm the spirits of men into + believing the equability of their children's disposition to be of more + importance than equality in excessive fortune when they marry; and him who + is too desirous of making a rich marriage we should endeavour to turn + aside by reproaches, not, however, by any compulsion of written law. + </p> + <p> + Let this then be our exhortation concerning marriage, and let us remember + what was said before—that a man should cling to immortality, and + leave behind him children's children to be the servants of God in his + place for ever. All this and much more may be truly said by way of prelude + about the duty of marriage. But if a man will not listen, and remains + unsocial and alien among his fellow-citizens, and is still unmarried at + thirty-five years of age, let him pay a yearly fine;—he who of the + highest class shall pay a fine of a hundred drachmae, and he who is of the + second class a fine of seventy drachmae; the third class shall pay sixty + drachmae, and the fourth thirty drachmae, and let the money be sacred to + Here; he who does not pay the fine annually shall owe ten times the sum, + which the treasurer of the goddess shall exact; and if he fails in doing + so, let him be answerable and give an account of the money at his audit. + He who refuses to marry shall be thus punished in money, and also be + deprived of all honour which the younger show to the elder; let no young + man voluntarily obey him, and, if he attempt to punish any one, let every + one come to the rescue and defend the injured person, and he who is + present and does not come to the rescue, shall be pronounced by the law to + be a coward and a bad citizen. Of the marriage portion I have already + spoken; and again I say for the instruction of poor men that he who + neither gives nor receives a dowry on account of poverty, has a + compensation; for the citizens of our state are provided with the + necessaries of life, and wives will be less likely to be insolent, and + husbands to be mean and subservient to them on account of property. And he + who obeys this law will do a noble action; but he who will not obey, and + gives or receives more than fifty drachmae as the price of the marriage + garments if he be of the lowest, or more than a mina, or a + mina-and-a-half, if he be of the third or second classes, or two minae if + he be of the highest class, shall owe to the public treasury a similar + sum, and that which is given or received shall be sacred to Here and Zeus; + and let the treasurers of these Gods exact the money, as was said before + about the unmarried—that the treasurers of Here were to exact the + money, or pay the fine themselves. + </p> + <p> + The betrothal by a father shall be valid in the first degree, that by a + grandfather in the second degree, and in the third degree, betrothal by + brothers who have the same father; but if there are none of these alive, + the betrothal by a mother shall be valid in like manner; in cases of + unexampled fatality, the next of kin and the guardians shall have + authority. What are to be the rites before marriages, or any other sacred + acts, relating either to future, present, or past marriages, shall be + referred to the interpreters; and he who follows their advice may be + satisfied. Touching the marriage festival, they shall assemble not more + than five male and five female friends of both families; and a like number + of members of the family of either sex, and no man shall spend more than + his means will allow; he who is of the richest class may spend a mina,—he + who is of the second, half a mina, and in the same proportion as the + census of each decreases: all men shall praise him who is obedient to the + law; but he who is disobedient shall be punished by the guardians of the + law as a man wanting in true taste, and uninstructed in the laws of bridal + song. Drunkenness is always improper, except at the festivals of the God + who gave wine; and peculiarly dangerous, when a man is engaged in the + business of marriage; at such a crisis of their lives a bride and + bridegroom ought to have all their wits about them—they ought to + take care that their offspring may be born of reasonable beings; for on + what day or night Heaven will give them increase, who can say? Moreover, + they ought not to begetting children when their bodies are dissipated by + intoxication, but their offspring should be compact and solid, quiet and + compounded properly; whereas the drunkard is all abroad in all his + actions, and beside himself both in body and soul. Wherefore, also, the + drunken man is bad and unsteady in sowing the seed of increase, and is + likely to beget offspring who will be unstable and untrustworthy, and + cannot be expected to walk straight either in body or mind. Hence during + the whole year and all his life long, and especially while he is begetting + children, he ought to take care and not intentionally do what is injurious + to health, or what involves insolence and wrong; for he cannot help + leaving the impression of himself on the souls and bodies of his + offspring, and he begets children in every way inferior. And especially on + the day and night of marriage should a man abstain from such things. For + the beginning, which is also a God dwelling in man, preserves all things, + if it meet with proper respect from each individual. He who marries is + further to consider, that one of the two houses in the lot is the nest and + nursery of his young, and there he is to marry and make a home for himself + and bring up his children, going away from his father and mother. For in + friendships there must be some degree of desire, in order to cement and + bind together diversities of character; but excessive intercourse not + having the desire which is created by time, insensibly dissolves + friendships from a feeling of satiety; wherefore a man and his wife shall + leave to his and her father and mother their own dwelling-places, and + themselves go as to a colony and dwell there, and visit and be visited by + their parents; and they shall beget and bring up children, handing on the + torch of life from one generation to another, and worshipping the Gods + according to law for ever. + </p> + <p> + In the next place, we have to consider what sort of property will be most + convenient. There is no difficulty either in understanding or acquiring + most kinds of property, but there is great difficulty in what relates to + slaves. And the reason is, that we speak about them in a way which is + right and which is not right; for what we say about our slaves is + consistent and also inconsistent with our practice about them. + </p> + <p> + MEGILLUS: I do not understand, Stranger, what you mean. + </p> + <p> + ATHENIAN: I am not surprised, Megillus, for the state of the Helots among + the Lacedaemonians is of all Hellenic forms of slavery the most + controverted and disputed about, some approving and some condemning it; + there is less dispute about the slavery which exists among the Heracleots, + who have subjugated the Mariandynians, and about the Thessalian Penestae. + Looking at these and the like examples, what ought we to do concerning + property in slaves? I made a remark, in passing, which naturally elicited + a question about my meaning from you. It was this:—We know that all + would agree that we should have the best and most attached slaves whom we + can get. For many a man has found his slaves better in every way than + brethren or sons, and many times they have saved the lives and property of + their masters and their whole house—such tales are well known. + </p> + <p> + MEGILLUS: To be sure. + </p> + <p> + ATHENIAN: But may we not also say that the soul of the slave is utterly + corrupt, and that no man of sense ought to trust them? And the wisest of + our poets, speaking of Zeus, says: + </p> + <p> + 'Far-seeing Zeus takes away half the understanding of men whom the day of + slavery subdues.' + </p> + <p> + Different persons have got these two different notions of slaves in their + minds—some of them utterly distrust their servants, and, as if they + were wild beasts, chastise them with goads and whips, and make their souls + three times, or rather many times, as slavish as they were before;—and + others do just the opposite. + </p> + <p> + MEGILLUS: True. + </p> + <p> + CLEINIAS: Then what are we to do in our own country, Stranger, seeing that + there are such differences in the treatment of slaves by their owners? + </p> + <p> + ATHENIAN: Well, Cleinias, there can be no doubt that man is a troublesome + animal, and therefore he is not very manageable, nor likely to become so, + when you attempt to introduce the necessary division of slave, and + freeman, and master. + </p> + <p> + CLEINIAS: That is obvious. + </p> + <p> + ATHENIAN: He is a troublesome piece of goods, as has been often shown by + the frequent revolts of the Messenians, and the great mischiefs which + happen in states having many slaves who speak the same language, and the + numerous robberies and lawless life of the Italian banditti, as they are + called. A man who considers all this is fairly at a loss. Two remedies + alone remain to us,—not to have the slaves of the same country, nor + if possible, speaking the same language (compare Aris. Pol.); in this way + they will more easily be held in subjection: secondly, we should tend them + carefully, not only out of regard to them, but yet more out of respect to + ourselves. And the right treatment of slaves is to behave properly to + them, and to do to them, if possible, even more justice than to those who + are our equals; for he who naturally and genuinely reverences justice, and + hates injustice, is discovered in his dealings with any class of men to + whom he can easily be unjust. And he who in regard to the natures and + actions of his slaves is undefiled by impiety and injustice, will best sow + the seeds of virtue in them; and this may be truly said of every master, + and tyrant, and of every other having authority in relation to his + inferiors. Slaves ought to be punished as they deserve, and not admonished + as if they were freemen, which will only make them conceited. The language + used to a servant ought always to be that of a command (compare Arist. + Pol.), and we ought not to jest with them, whether they are males or + females—this is a foolish way which many people have of setting up + their slaves, and making the life of servitude more disagreeable both for + them and for their masters. + </p> + <p> + CLEINIAS: True. + </p> + <p> + ATHENIAN: Now that each of the citizens is provided, as far as possible, + with a sufficient number of suitable slaves who can help him in what he + has to do, we may next proceed to describe their dwellings. + </p> + <p> + CLEINIAS: Very good. + </p> + <p> + ATHENIAN: The city being new and hitherto uninhabited, care ought to be + taken of all the buildings, and the manner of building each of them, and + also of the temples and walls. These, Cleinias, were matters which + properly came before the marriages;—but, as we are only talking, + there is no objection to changing the order. If, however, our plan of + legislation is ever to take effect, then the house shall precede the + marriage if God so will, and afterwards we will come to the regulations + about marriage; but at present we are only describing these matters in a + general outline. + </p> + <p> + CLEINIAS: Quite true. + </p> + <p> + ATHENIAN: The temples are to be placed all round the agora, and the whole + city built on the heights in a circle (compare Arist. Pol.), for the sake + of defence and for the sake of purity. Near the temples are to be placed + buildings for the magistrates and the courts of law; in these plaintiff + and defendant will receive their due, and the places will be regarded as + most holy, partly because they have to do with holy things: and partly + because they are the dwelling-places of holy Gods: and in them will be + held the courts in which cases of homicide and other trials of capital + offences may fitly take place. As to the walls, Megillus, I agree with + Sparta in thinking that they should be allowed to sleep in the earth, and + that we should not attempt to disinter them (compare Arist. Pol.); there + is a poetical saying, which is finely expressed, that 'walls ought to be + of steel and iron, and not of earth;' besides, how ridiculous of us to be + sending out our young men annually into the country to dig and to trench, + and to keep off the enemy by fortifications, under the idea that they are + not to be allowed to set foot in our territory, and then, that we should + surround ourselves with a wall, which, in the first place, is by no means + conducive to the health of cities, and is also apt to produce a certain + effeminacy in the minds of the inhabitants, inviting men to run thither + instead of repelling their enemies, and leading them to imagine that their + safety is due not to their keeping guard day and night, but that when they + are protected by walls and gates, then they may sleep in safety; as if + they were not meant to labour, and did not know that true repose comes + from labour, and that disgraceful indolence and a careless temper of mind + is only the renewal of trouble. But if men must have walls, the private + houses ought to be so arranged from the first that the whole city may be + one wall, having all the houses capable of defence by reason of their + uniformity and equality towards the streets (compare Arist. Pol.). The + form of the city being that of a single dwelling will have an agreeable + aspect, and being easily guarded will be infinitely better for security. + Until the original building is completed, these should be the principal + objects of the inhabitants; and the wardens of the city should superintend + the work, and should impose a fine on him who is negligent; and in all + that relates to the city they should have a care of cleanliness, and not + allow a private person to encroach upon any public property either by + buildings or excavations. Further, they ought to take care that the rains + from heaven flow off easily, and of any other matters which may have to be + administered either within or without the city. The guardians of the law + shall pass any further enactments which their experience may show to be + necessary, and supply any other points in which the law may be deficient. + And now that these matters, and the buildings about the agora, and the + gymnasia, and places of instruction, and theatres, are all ready and + waiting for scholars and spectators, let us proceed to the subjects which + follow marriage in the order of legislation. + </p> + <p> + CLEINIAS: By all means. + </p> + <p> + ATHENIAN: Assuming that marriages exist already, Cleinias, the mode of + life during the year after marriage, before children are born, will follow + next in order. In what way bride and bridegroom ought to live in a city + which is to be superior to other cities, is a matter not at all easy for + us to determine. There have been many difficulties already, but this will + be the greatest of them, and the most disagreeable to the many. Still I + cannot but say what appears to me to be right and true, Cleinias. + </p> + <p> + CLEINIAS: Certainly. + </p> + <p> + ATHENIAN: He who imagines that he can give laws for the public conduct of + states, while he leaves the private life of citizens wholly to take care + of itself; who thinks that individuals may pass the day as they please, + and that there is no necessity of order in all things; he, I say, who + gives up the control of their private lives, and supposes that they will + conform to law in their common and public life, is making a great mistake. + Why have I made this remark? Why, because I am going to enact that the + bridegrooms should live at the common tables, just as they did before + marriage. This was a singularity when first enacted by the legislator in + your parts of the world, Megillus and Cleinias, as I should suppose, on + the occasion of some war or other similar danger, which caused the passing + of the law, and which would be likely to occur in thinly-peopled places, + and in times of pressure. But when men had once tried and been accustomed + to a common table, experience showed that the institution greatly conduced + to security; and in some such manner the custom of having common tables + arose among you. + </p> + <p> + CLEINIAS: Likely enough. + </p> + <p> + ATHENIAN: I said that there may have been singularity and danger in + imposing such a custom at first, but that now there is not the same + difficulty. There is, however, another institution which is the natural + sequel to this, and would be excellent, if it existed anywhere, but at + present it does not. The institution of which I am about to speak is not + easily described or executed; and would be like the legislator 'combing + wool into the fire,' as people say, or performing any other impossible and + useless feat. + </p> + <p> + CLEINIAS: What is the cause, Stranger, of this extreme hesitation? + </p> + <p> + ATHENIAN: You shall hear without any fruitless loss of time. That which + has law and order in a state is the cause of every good, but that which is + disordered or ill-ordered is often the ruin of that which is well-ordered; + and at this point the argument is now waiting. For with you, Cleinias and + Megillus, the common tables of men are, as I said, a heaven-born and + admirable institution, but you are mistaken in leaving the women + unregulated by law. They have no similar institution of public tables in + the light of day, and just that part of the human race which is by nature + prone to secrecy and stealth on account of their weakness—I mean the + female sex—has been left without regulation by the legislator, which + is a great mistake. And, in consequence of this neglect, many things have + grown lax among you, which might have been far better, if they had been + only regulated by law; for the neglect of regulations about women may not + only be regarded as a neglect of half the entire matter (Arist. Pol.), but + in proportion as woman's nature is inferior to that of men in capacity for + virtue, in that degree the consequence of such neglect is more than twice + as important. The careful consideration of this matter, and the arranging + and ordering on a common principle of all our institutions relating both + to men and women, greatly conduces to the happiness of the state. But at + present, such is the unfortunate condition of mankind, that no man of + sense will even venture to speak of common tables in places and cities in + which they have never been established at all; and how can any one avoid + being utterly ridiculous, who attempts to compel women to show in public + how much they eat and drink? There is nothing at which the sex is more + likely to take offence. For women are accustomed to creep into dark + places, and when dragged out into the light they will exert their utmost + powers of resistance, and be far too much for the legislator. And + therefore, as I said before, in most places they will not endure to have + the truth spoken without raising a tremendous outcry, but in this state + perhaps they may. And if we may assume that our whole discussion about the + state has not been mere idle talk, I should like to prove to you, if you + will consent to listen, that this institution is good and proper; but if + you had rather not, I will refrain. + </p> + <p> + CLEINIAS: There is nothing which we should both of us like better, + Stranger, than to hear what you have to say. + </p> + <p> + ATHENIAN: Very good; and you must not be surprised if I go back a little, + for we have plenty of leisure, and there is nothing to prevent us from + considering in every point of view the subject of law. + </p> + <p> + CLEINIAS: True. + </p> + <p> + ATHENIAN: Then let us return once more to what we were saying at first. + Every man should understand that the human race either had no beginning at + all, and will never have an end, but always will be and has been; or that + it began an immense while ago. + </p> + <p> + CLEINIAS: Certainly. + </p> + <p> + ATHENIAN: Well, and have there not been constitutions and destructions of + states, and all sorts of pursuits both orderly and disorderly, and diverse + desires of meats and drinks always, and in all the world, and all sorts of + changes of the seasons in which animals may be expected to have undergone + innumerable transformations of themselves? + </p> + <p> + CLEINIAS: No doubt. + </p> + <p> + ATHENIAN: And may we not suppose that vines appeared, which had previously + no existence, and also olives, and the gifts of Demeter and her daughter, + of which one Triptolemus was the minister, and that, before these existed, + animals took to devouring each other as they do still? + </p> + <p> + CLEINIAS: True. + </p> + <p> + ATHENIAN: Again, the practice of men sacrificing one another still exists + among many nations; while, on the other hand, we hear of other human + beings who did not even venture to taste the flesh of a cow and had no + animal sacrifices, but only cakes and fruits dipped in honey, and similar + pure offerings, but no flesh of animals; from these they abstained under + the idea that they ought not to eat them, and might not stain the altars + of the Gods with blood. For in those days men are said to have lived a + sort of Orphic life, having the use of all lifeless things, but abstaining + from all living things. + </p> + <p> + CLEINIAS: Such has been the constant tradition, and is very likely true. + </p> + <p> + ATHENIAN: Some one might say to us, What is the drift of all this? + </p> + <p> + CLEINIAS: A very pertinent question, Stranger. + </p> + <p> + ATHENIAN: And therefore I will endeavour, Cleinias, if I can, to draw the + natural inference. + </p> + <p> + CLEINIAS: Proceed. + </p> + <p> + ATHENIAN: I see that among men all things depend upon three wants and + desires, of which the end is virtue, if they are rightly led by them, or + the opposite if wrongly. Now these are eating and drinking, which begin at + birth—every animal has a natural desire for them, and is violently + excited, and rebels against him who says that he must not satisfy all his + pleasures and appetites, and get rid of all the corresponding pains—and + the third and greatest and sharpest want and desire breaks out last, and + is the fire of sexual lust, which kindles in men every species of + wantonness and madness. And these three disorders we must endeavour to + master by the three great principles of fear and law and right reason; + turning them away from that which is called pleasantest to the best, using + the Muses and the Gods who preside over contests to extinguish their + increase and influx. + </p> + <p> + But to return:—After marriage let us speak of the birth of children, + and after their birth of their nurture and education. In the course of + discussion the several laws will be perfected, and we shall at last arrive + at the common tables. Whether such associations are to be confined to men, + or extended to women also, we shall see better when we approach and take a + nearer view of them; and we may then determine what previous institutions + are required and will have to precede them. As I said before, we shall see + them more in detail, and shall be better able to lay down the laws which + are proper or suited to them. + </p> + <p> + CLEINIAS: Very true. + </p> + <p> + ATHENIAN: Let us keep in mind the words which have now been spoken; for + hereafter there may be need of them. + </p> + <p> + CLEINIAS: What do you bid us keep in mind? + </p> + <p> + ATHENIAN: That which we comprehended under the three words—first, + eating, secondly, drinking, thirdly, the excitement of love. + </p> + <p> + CLEINIAS: We shall be sure to remember, Stranger. + </p> + <p> + ATHENIAN: Very good. Then let us now proceed to marriage, and teach + persons in what way they shall beget children, threatening them, if they + disobey, with the terrors of the law. + </p> + <p> + CLEINIAS: What do you mean? + </p> + <p> + ATHENIAN: The bride and bridegroom should consider that they are to + produce for the state the best and fairest specimens of children which + they can. Now all men who are associated in any action always succeed when + they attend and give their mind to what they are doing, but when they do + not give their mind or have no mind, they fail; wherefore let the + bridegroom give his mind to the bride and to the begetting of children, + and the bride in like manner give her mind to the bridegroom, and + particularly at the time when their children are not yet born. And let the + women whom we have chosen be the overseers of such matters, and let them + in whatever number, large or small, and at whatever time the magistrates + may command, assemble every day in the temple of Eileithyia during a third + part of the day, and being there assembled, let them inform one another of + any one whom they see, whether man or woman, of those who are begetting + children, disregarding the ordinances given at the time when the nuptial + sacrifices and ceremonies were performed. Let the begetting of children + and the supervision of those who are begetting them continue ten years and + no longer, during the time when marriage is fruitful. But if any continue + without children up to this time, let them take counsel with their kindred + and with the women holding the office of overseer and be divorced for + their mutual benefit. If, however, any dispute arises about what is proper + and for the interest of either party, they shall choose ten of the + guardians of the law and abide by their permission and appointment. The + women who preside over these matters shall enter into the houses of the + young, and partly by admonitions and partly by threats make them give over + their folly and error: if they persist, let the women go and tell the + guardians of the law, and the guardians shall prevent them. But if they + too cannot prevent them, they shall bring the matter before the people; + and let them write up their names and make oath that they cannot reform + such and such an one; and let him who is thus written up, if he cannot in + a court of law convict those who have inscribed his name, be deprived of + the privileges of a citizen in the following respects:—let him not + go to weddings nor to the thanksgivings after the birth of children; and + if he go, let any one who pleases strike him with impunity; and let the + same regulations hold about women: let not a woman be allowed to appear + abroad, or receive honour, or go to nuptial and birthday festivals, if she + in like manner be written up as acting disorderly and cannot obtain a + verdict. And if, when they themselves have done begetting children + according to the law, a man or woman have connexion with another man or + woman who are still begetting children, let the same penalties be + inflicted upon them as upon those who are still having a family; and when + the time for procreation has passed let the man or woman who refrains in + such matters be held in esteem, and let those who do not refrain be held + in the contrary of esteem—that is to say, disesteem. Now, if the + greater part of mankind behave modestly, the enactments of law may be left + to slumber; but, if they are disorderly, the enactments having been + passed, let them be carried into execution. To every man the first year is + the beginning of life, and the time of birth ought to be written down in + the temples of their fathers as the beginning of existence to every child, + whether boy or girl. Let every phratria have inscribed on a whited wall + the names of the successive archons by whom the years are reckoned. And + near to them let the living members of the phratria be inscribed, and when + they depart life let them be erased. The limit of marriageable ages for a + woman shall be from sixteen to twenty years at the longest,—for a + man, from thirty to thirty-five years; and let a woman hold office at + forty, and a man at thirty years. Let a man go out to war from twenty to + sixty years, and for a woman, if there appear any need to make use of her + in military service, let the time of service be after she shall have + brought forth children up to fifty years of age; and let regard be had to + what is possible and suitable to each. + </p> + <p> + <a name="link2H_4_0010" id="link2H_4_0010"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + BOOK VII. + </h2> + <p> + And now, assuming children of both sexes to have been born, it will be + proper for us to consider, in the next place, their nurture and education; + this cannot be left altogether unnoticed, and yet may be thought a subject + fitted rather for precept and admonition than for law. In private life + there are many little things, not always apparent, arising out of the + pleasures and pains and desires of individuals, which run counter to the + intention of the legislator, and make the characters of the citizens + various and dissimilar:—this is an evil in states; for by reason of + their smallness and frequent occurrence, there would be an unseemliness + and want of propriety in making them penal by law; and if made penal, they + are the destruction of the written law because mankind get the habit of + frequently transgressing the law in small matters. The result is that you + cannot legislate about them, and still less can you be silent. I speak + somewhat darkly, but I shall endeavour also to bring my wares into the + light of day, for I acknowledge that at present there is a want of + clearness in what I am saying. + </p> + <p> + CLEINIAS: Very true. + </p> + <p> + ATHENIAN. Am I not right in maintaining that a good education is that + which tends most to the improvement of mind and body? + </p> + <p> + CLEINIAS: Undoubtedly. + </p> + <p> + ATHENIAN: And nothing can be plainer than that the fairest bodies are + those which grow up from infancy in the best and straightest manner? + </p> + <p> + CLEINIAS: Certainly. + </p> + <p> + ATHENIAN: And do we not further observe that the first shoot of every + living thing is by far the greatest and fullest? Many will even contend + that a man at twenty-five does not reach twice the height which he + attained at five. + </p> + <p> + CLEINIAS: True. + </p> + <p> + ATHENIAN: Well, and is not rapid growth without proper and abundant + exercise the source endless evils in the body? + </p> + <p> + CLEINIAS: Yes. + </p> + <p> + ATHENIAN: And the body should have the most exercise when it receives most + nourishment? + </p> + <p> + CLEINIAS: But, Stranger, are we to impose this great amount of exercise + upon newly-born infants? + </p> + <p> + ATHENIAN: Nay, rather on the bodies of infants still unborn. + </p> + <p> + CLEINIAS: What do you mean, my good sir? In the process of gestation? + </p> + <p> + ATHENIAN: Exactly. I am not at all surprised that you have never heard of + this very peculiar sort of gymnastic applied to such little creatures, + which, although strange, I will endeavour to explain to you. + </p> + <p> + CLEINIAS: By all means. + </p> + <p> + ATHENIAN: The practice is more easy for us to understand than for you, by + reason of certain amusements which are carried to excess by us at Athens. + Not only boys, but often older persons, are in the habit of keeping quails + and cocks (compare Republic), which they train to fight one another. And + they are far from thinking that the contests in which they stir them up to + fight with one another are sufficient exercise; for, in addition to this, + they carry them about tucked beneath their armpits, holding the smaller + birds in their hands, the larger under their arms, and go for a walk of a + great many miles for the sake of health, that is to say, not their own + health, but the health of the birds; whereby they prove to any intelligent + person, that all bodies are benefited by shakings and movements, when they + are moved without weariness, whether the motion proceeds from themselves, + or is caused by a swing, or at sea, or on horseback, or by other bodies in + whatever way moving, and that thus gaining the mastery over food and + drink, they are able to impart beauty and health and strength. But + admitting all this, what follows? Shall we make a ridiculous law that the + pregnant woman shall walk about and fashion the embryo within as we + fashion wax before it hardens, and after birth swathe the infant for two + years? Suppose that we compel nurses, under penalty of a legal fine, to be + always carrying the children somewhere or other, either to the temples, or + into the country, or to their relations' houses, until they are well able + to stand, and to take care that their limbs are not distorted by leaning + on them when they are too young (compare Arist. Pol.),—they should + continue to carry them until the infant has completed its third year; the + nurses should be strong, and there should be more than one of them. Shall + these be our rules, and shall we impose a penalty for the neglect of them? + No, no; the penalty of which we were speaking will fall upon our own heads + more than enough. + </p> + <p> + CLEINIAS: What penalty? + </p> + <p> + ATHENIAN: Ridicule, and the difficulty of getting the feminine and + servant-like dispositions of the nurses to comply. + </p> + <p> + CLEINIAS: Then why was there any need to speak of the matter at all? + </p> + <p> + ATHENIAN: The reason is, that masters and freemen in states, when they + hear of it, are very likely to arrive at a true conviction that without + due regulation of private life in cities, stability in the laying down of + laws is hardly to be expected (compare Republic); and he who makes this + reflection may himself adopt the laws just now mentioned, and, adopting + them, may order his house and state well and be happy. + </p> + <p> + CLEINIAS: Likely enough. + </p> + <p> + ATHENIAN: And therefore let us proceed with our legislation until we have + determined the exercises which are suited to the souls of young children, + in the same manner in which we have begun to go through the rules relating + to their bodies. + </p> + <p> + CLEINIAS: By all means. + </p> + <p> + ATHENIAN: Let us assume, then, as a first principle in relation both to + the body and soul of very young creatures, that nursing and moving about + by day and night is good for them all, and that the younger they are, the + more they will need it (compare Arist. Pol.); infants should live, if that + were possible, as if they were always rocking at sea. This is the lesson + which we may gather from the experience of nurses, and likewise from the + use of the remedy of motion in the rites of the Corybantes; for when + mothers want their restless children to go to sleep they do not employ + rest, but, on the contrary, motion—rocking them in their arms; nor + do they give them silence, but they sing to them and lap them in sweet + strains; and the Bacchic women are cured of their frenzy in the same + manner by the use of the dance and of music. + </p> + <p> + CLEINIAS: Well, Stranger, and what is the reason of this? + </p> + <p> + ATHENIAN: The reason is obvious. + </p> + <p> + CLEINIAS: What? + </p> + <p> + ATHENIAN: The affection both of the Bacchantes and of the children is an + emotion of fear, which springs out of an evil habit of the soul. And when + some one applies external agitation to affections of this sort, the motion + coming from without gets the better of the terrible and violent internal + one, and produces a peace and calm in the soul, and quiets the restless + palpitation of the heart, which is a thing much to be desired, sending the + children to sleep, and making the Bacchantes, although they remain awake, + to dance to the pipe with the help of the Gods to whom they offer + acceptable sacrifices, and producing in them a sound mind, which takes the + place of their frenzy. And, to express what I mean in a word, there is a + good deal to be said in favour of this treatment. + </p> + <p> + CLEINIAS: Certainly. + </p> + <p> + ATHENIAN: But if fear has such a power we ought to infer from these facts, + that every soul which from youth upward has been familiar with fears, will + be made more liable to fear (compare Republic), and every one will allow + that this is the way to form a habit of cowardice and not of courage. + </p> + <p> + CLEINIAS: No doubt. + </p> + <p> + ATHENIAN: And, on the other hand, the habit of overcoming, from our youth + upwards, the fears and terrors which beset us, may be said to be an + exercise of courage. + </p> + <p> + CLEINIAS: True. + </p> + <p> + ATHENIAN: And we may say that the use of exercise and motion in the + earliest years of life greatly contributes to create a part of virtue in + the soul. + </p> + <p> + CLEINIAS: Quite true. + </p> + <p> + ATHENIAN: Further, a cheerful temper, or the reverse, may be regarded as + having much to do with high spirit on the one hand, or with cowardice on + the other. + </p> + <p> + CLEINIAS: To be sure. + </p> + <p> + ATHENIAN: Then now we must endeavour to show how and to what extent we + may, if we please, without difficulty implant either character in the + young. + </p> + <p> + CLEINIAS: Certainly. + </p> + <p> + ATHENIAN: There is a common opinion, that luxury makes the disposition of + youth discontented and irascible and vehemently excited by trifles; that + on the other hand excessive and savage servitude makes men mean and + abject, and haters of their kind, and therefore makes them undesirable + associates. + </p> + <p> + CLEINIAS: But how must the state educate those who do not as yet + understand the language of the country, and are therefore incapable of + appreciating any sort of instruction? + </p> + <p> + ATHENIAN: I will tell you how:—Every animal that is born is wont to + utter some cry, and this is especially the case with man, and he is also + affected with the inclination to weep more than any other animal. + </p> + <p> + CLEINIAS: Quite true. + </p> + <p> + ATHENIAN: Do not nurses, when they want to know what an infant desires, + judge by these signs?—when anything is brought to the infant and he + is silent, then he is supposed to be pleased, but, when he weeps and cries + out, then he is not pleased. For tears and cries are the inauspicious + signs by which children show what they love and hate. Now the time which + is thus spent is no less than three years, and is a very considerable + portion of life to be passed ill or well. + </p> + <p> + CLEINIAS: True. + </p> + <p> + ATHENIAN: Does not the discontented and ungracious nature appear to you to + be full of lamentations and sorrows more than a good man ought to be? + </p> + <p> + CLEINIAS: Certainly. + </p> + <p> + ATHENIAN: Well, but if during these three years every possible care were + taken that our nursling should have as little of sorrow and fear, and in + general of pain as was possible, might we not expect in early childhood to + make his soul more gentle and cheerful? (Compare Arist. Pol.) + </p> + <p> + CLEINIAS: To be sure, Stranger—more especially if we could procure + him a variety of pleasures. + </p> + <p> + ATHENIAN: There I can no longer agree, Cleinias: you amaze me. To bring + him up in such a way would be his utter ruin; for the beginning is always + the most critical part of education. Let us see whether I am right. + </p> + <p> + CLEINIAS: Proceed. + </p> + <p> + ATHENIAN: The point about which you and I differ is of great importance, + and I hope that you, Megillus, will help to decide between us. For I + maintain that the true life should neither seek for pleasures, nor, on the + other hand, entirely avoid pains, but should embrace the middle state + (compare Republic), which I just spoke of as gentle and benign, and is a + state which we by some divine presage and inspiration rightly ascribe to + God. Now, I say, he among men, too, who would be divine ought to pursue + after this mean habit—he should not rush headlong into pleasures, + for he will not be free from pains; nor should we allow any one, young or + old, male or female, to be thus given any more than ourselves, and least + of all the newly-born infant, for in infancy more than at any other time + the character is engrained by habit. Nay, more, if I were not afraid of + appearing to be ridiculous, I would say that a woman during her year of + pregnancy should of all women be most carefully tended, and kept from + violent or excessive pleasures and pains, and should at that time + cultivate gentleness and benevolence and kindness. + </p> + <p> + CLEINIAS: You need not ask Megillus, Stranger, which of us has most truly + spoken; for I myself agree that all men ought to avoid the life of + unmingled pain or pleasure, and pursue always a middle course. And having + spoken well, may I add that you have been well answered? + </p> + <p> + ATHENIAN: Very good, Cleinias; and now let us all three consider a further + point. + </p> + <p> + CLEINIAS: What is it? + </p> + <p> + ATHENIAN: That all the matters which we are now describing are commonly + called by the general name of unwritten customs, and what are termed the + laws of our ancestors are all of similar nature. And the reflection which + lately arose in our minds, that we can neither call these things laws, nor + yet leave them unmentioned, is justified; for they are the bonds of the + whole state, and come in between the written laws which are or are + hereafter to be laid down; they are just ancestral customs of great + antiquity, which, if they are rightly ordered and made habitual, shield + and preserve the previously existing written law; but if they depart from + right and fall into disorder, then they are like the props of builders + which slip away out of their place and cause a universal ruin—one + part drags another down, and the fair super-structure falls because the + old foundations are undermined. Reflecting upon this, Cleinias, you ought + to bind together the new state in every possible way, omitting nothing, + whether great or small, of what are called laws or manners or pursuits, + for by these means a city is bound together, and all these things are only + lasting when they depend upon one another; and, therefore, we must not + wonder if we find that many apparently trifling customs or usages come + pouring in and lengthening out our laws. + </p> + <p> + CLEINIAS: Very true: we are disposed to agree with you. + </p> + <p> + ATHENIAN: Up to the age of three years, whether of boy or girl, if a + person strictly carries out our previous regulations and makes them a + principal aim, he will do much for the advantage of the young creatures. + But at three, four, five, and even six years the childish nature will + require sports; now is the time to get rid of self-will in him, punishing + him, but not so as to disgrace him. We were saying about slaves, that we + ought neither to add insult to punishment so as to anger them, nor yet to + leave them unpunished lest they become self-willed; and a like rule is to + be observed in the case of the free-born. Children at that age have + certain natural modes of amusement which they find out for themselves when + they meet. And all the children who are between the ages of three and six + ought to meet at the temples of the villages, the several families of a + village uniting on one spot. The nurses are to see that the children + behave properly and orderly—they themselves and all their companies + are to be under the control of twelve matrons, one for each company, who + are annually selected to inspect them from the women previously mentioned + [i.e. the women who have authority over marriage], whom the guardians of + the law appoint. These matrons shall be chosen by the women who have + authority over marriage, one out of each tribe; all are to be of the same + age; and let each of them, as soon as she is appointed, hold office and go + to the temples every day, punishing all offenders, male or female, who are + slaves or strangers, by the help of some of the public slaves; but if any + citizen disputes the punishment, let her bring him before the wardens of + the city; or, if there be no dispute, let her punish him herself. After + the age of six years the time has arrived for the separation of the sexes—let + boys live with boys, and girls in like manner with girls. Now they must + begin to learn—the boys going to teachers of horsemanship and the + use of the bow, the javelin, and sling, and the girls too, if they do not + object, at any rate until they know how to manage these weapons, and + especially how to handle heavy arms; for I may note, that the practice + which now prevails is almost universally misunderstood. + </p> + <p> + CLEINIAS: In what respect? + </p> + <p> + ATHENIAN: In that the right and left hand are supposed to be by nature + differently suited for our various uses of them; whereas no difference is + found in the use of the feet and the lower limbs; but in the use of the + hands we are, as it were, maimed by the folly of nurses and mothers; for + although our several limbs are by nature balanced, we create a difference + in them by bad habit. In some cases this is of no consequence, as, for + example, when we hold the lyre in the left hand, and the plectrum in the + right, but it is downright folly to make the same distinction in other + cases. The custom of the Scythians proves our error; for they not only + hold the bow from them with the left hand and draw the arrow to them with + their right, but use either hand for both purposes. And there are many + similar examples in charioteering and other things, from which we may + learn that those who make the left side weaker than the right act contrary + to nature. In the case of the plectrum, which is of horn only, and similar + instruments, as I was saying, it is of no consequence, but makes a great + difference, and may be of very great importance to the warrior who has to + use iron weapons, bows and javelins, and the like; above all, when in + heavy armour, he has to fight against heavy armour. And there is a very + great difference between one who has learnt and one who has not, and + between one who has been trained in gymnastic exercises and one who has + not been. For as he who is perfectly skilled in the Pancratium or boxing + or wrestling, is not unable to fight from his left side, and does not limp + and draggle in confusion when his opponent makes him change his position, + so in heavy-armed fighting, and in all other things, if I am not mistaken, + the like holds—he who has these double powers of attack and defence + ought not in any case to leave them either unused or untrained, if he can + help; and if a person had the nature of Geryon or Briareus he ought to be + able with his hundred hands to throw a hundred darts. Now, the + magistrates, male and female, should see to all these things, the women + superintending the nursing and amusements of the children, and the men + superintending their education, that all of them, boys and girls alike, + may be sound hand and foot, and may not, if they can help, spoil the gifts + of nature by bad habits. + </p> + <p> + Education has two branches—one of gymnastic, which is concerned with + the body, and the other of music, which is designed for the improvement of + the soul. And gymnastic has also two branches—dancing and wrestling; + and one sort of dancing imitates musical recitation, and aims at + preserving dignity and freedom, the other aims at producing health, + agility, and beauty in the limbs and parts of the body, giving the proper + flexion and extension to each of them, a harmonious motion being diffused + everywhere, and forming a suitable accompaniment to the dance. As regards + wrestling, the tricks which Antaeus and Cercyon devised in their systems + out of a vain spirit of competition, or the tricks of boxing which Epeius + or Amycus invented, are useless and unsuitable for war, and do not deserve + to have much said about them; but the art of wrestling erect and keeping + free the neck and hands and sides, working with energy and constancy, with + a composed strength, for the sake of health—these are always useful, + and are not to be neglected, but to be enjoined alike on masters and + scholars, when we reach that part of legislation; and we will desire the + one to give their instructions freely, and the others to receive them + thankfully. Nor, again, must we omit suitable imitations of war in our + choruses; here in Crete you have the armed dances of the Curetes, and the + Lacedaemonians have those of the Dioscuri. And our virgin lady, delighting + in the amusement of the dance, thought it not fit to amuse herself with + empty hands; she must be clothed in a complete suit of armour, and in this + attire go through the dance; and youths and maidens should in every + respect imitate her, esteeming highly the favour of the Goddess, both with + a view to the necessities of war, and to festive occasions: it will be + right also for the boys, until such time as they go out to war, to make + processions and supplications to all the Gods in goodly array, armed and + on horseback, in dances and marches, fast or slow, offering up prayers to + the Gods and to the sons of Gods; and also engaging in contests and + preludes of contests, if at all, with these objects. For these sorts of + exercises, and no others, are useful both in peace and war, and are + beneficial alike to states and to private houses. But other labours and + sports and exercises of the body are unworthy of freemen, O Megillus and + Cleinias. + </p> + <p> + I have now completely described the kind of gymnastic which I said at + first ought to be described; if you know of any better, will you + communicate your thoughts? + </p> + <p> + CLEINIAS: It is not easy, Stranger, to put aside these principles of + gymnastic and wrestling and to enunciate better ones. + </p> + <p> + ATHENIAN: Now we must say what has yet to be said about the gifts of the + Muses and of Apollo: before, we fancied that we had said all, and that + gymnastic alone remained; but now we see clearly what points have been + omitted, and should be first proclaimed; of these, then, let us proceed to + speak. + </p> + <p> + CLEINIAS: By all means. + </p> + <p> + ATHENIAN: Let me tell you once more—although you have heard me say + the same before—that caution must be always exercised, both by the + speaker and by the hearer, about anything that is very singular and + unusual. For my tale is one which many a man would be afraid to tell, and + yet I have a confidence which makes me go on. + </p> + <p> + CLEINIAS: What have you to say, Stranger? + </p> + <p> + ATHENIAN: I say that in states generally no one has observed that the + plays of childhood have a great deal to do with the permanence or want of + permanence in legislation. For when plays are ordered with a view to + children having the same plays, and amusing themselves after the same + manner, and finding delight in the same playthings, the more solemn + institutions of the state are allowed to remain undisturbed. Whereas if + sports are disturbed, and innovations are made in them, and they + constantly change, and the young never speak of their having the same + likings, or the same established notions of good and bad taste, either in + the bearing of their bodies or in their dress, but he who devises + something new and out of the way in figures and colours and the like is + held in special honour, we may truly say that no greater evil can happen + in a state; for he who changes the sports is secretly changing the manners + of the young, and making the old to be dishonoured among them and the new + to be honoured. And I affirm that there is nothing which is a greater + injury to all states than saying or thinking thus. Will you hear me tell + how great I deem the evil to be? + </p> + <p> + CLEINIAS: You mean the evil of blaming antiquity in states? + </p> + <p> + ATHENIAN: Exactly. + </p> + <p> + CLEINIAS: If you are speaking of that, you will find in us hearers who are + disposed to receive what you say not unfavourably but most favourably. + </p> + <p> + ATHENIAN: I should expect so. + </p> + <p> + CLEINIAS: Proceed. + </p> + <p> + ATHENIAN: Well, then, let us give all the greater heed to one another's + words. The argument affirms that any change whatever except from evil is + the most dangerous of all things; this is true in the case of the seasons + and of the winds, in the management of our bodies and the habits of our + minds—true of all things except, as I said before, of the bad. He + who looks at the constitution of individuals accustomed to eat any sort of + meat, or drink any drink, or to do any work which they can get, may see + that they are at first disordered by them, but afterwards, as time goes + on, their bodies grow adapted to them, and they learn to know and like + variety, and have good health and enjoyment of life; and if ever + afterwards they are confined again to a superior diet, at first they are + troubled with disorders, and with difficulty become habituated to their + new food. A similar principle we may imagine to hold good about the minds + of men and the natures of their souls. For when they have been brought up + in certain laws, which by some Divine Providence have remained unchanged + during long ages, so that no one has any memory or tradition of their ever + having been otherwise than they are, then every one is afraid and ashamed + to change that which is established. The legislator must somehow find a + way of implanting this reverence for antiquity, and I would propose the + following way: People are apt to fancy, as I was saying before, that when + the plays of children are altered they are merely plays, not seeing that + the most serious and detrimental consequences arise out of the change; and + they readily comply with the child's wishes instead of deterring him, not + considering that these children who make innovations in their games, when + they grow up to be men, will be different from the last generation of + children, and, being different, will desire a different sort of life, and + under the influence of this desire will want other institutions and laws; + and no one of them reflects that there will follow what I just now called + the greatest of evils to states. Changes in bodily fashions are no such + serious evils, but frequent changes in the praise and censure of manners + are the greatest of evils, and require the utmost prevision. + </p> + <p> + CLEINIAS: To be sure. + </p> + <p> + ATHENIAN: And now do we still hold to our former assertion, that rhythms + and music in general are imitations of good and evil characters in men? + What say you? + </p> + <p> + CLEINIAS: That is the only doctrine which we can admit. + </p> + <p> + ATHENIAN: Must we not, then, try in every possible way to prevent our + youth from even desiring to imitate new modes either in dance or song? nor + must any one be allowed to offer them varieties of pleasures. + </p> + <p> + CLEINIAS: Most true. + </p> + <p> + ATHENIAN: Can any of us imagine a better mode of effecting this object + than that of the Egyptians? + </p> + <p> + CLEINIAS: What is their method? + </p> + <p> + ATHENIAN: To consecrate every sort of dance or melody. First we should + ordain festivals—calculating for the year what they ought to be, and + at what time, and in honour of what Gods, sons of Gods, and heroes they + ought to be celebrated; and, in the next place, what hymns ought to be + sung at the several sacrifices, and with what dances the particular + festival is to be honoured. This has to be arranged at first by certain + persons, and, when arranged, the whole assembly of the citizens are to + offer sacrifices and libations to the Fates and all the other Gods, and to + consecrate the several odes to Gods and heroes: and if any one offers any + other hymns or dances to any one of the Gods, the priests and priestesses, + acting in concert with the guardians of the law, shall, with the sanction + of religion and the law, exclude him, and he who is excluded, if he do not + submit, shall be liable all his life long to have a suit of impiety + brought against him by any one who likes. + </p> + <p> + CLEINIAS: Very good. + </p> + <p> + ATHENIAN: In the consideration of this subject, let us remember what is + due to ourselves. + </p> + <p> + CLEINIAS: To what are you referring? + </p> + <p> + ATHENIAN: I mean that any young man, and much more any old one, when he + sees or hears anything strange or unaccustomed, does not at once run to + embrace the paradox, but he stands considering, like a person who is at a + place where three paths meet, and does not very well know his way—he + may be alone or he may be walking with others, and he will say to himself + and them, 'Which is the way?' and will not move forward until he is + satisfied that he is going right. And this is what we must do in the + present instance: A strange discussion on the subject of law has arisen, + which requires the utmost consideration, and we should not at our age be + too ready to speak about such great matters, or be confident that we can + say anything certain all in a moment. + </p> + <p> + CLEINIAS: Most true. + </p> + <p> + ATHENIAN: Then we will allow time for reflection, and decide when we have + given the subject sufficient consideration. But that we may not be + hindered from completing the natural arrangement of our laws, let us + proceed to the conclusion of them in due order; for very possibly, if God + will, the exposition of them, when completed, may throw light on our + present perplexity. + </p> + <p> + CLEINIAS: Excellent, Stranger; let us do as you propose. + </p> + <p> + ATHENIAN: Let us then affirm the paradox that strains of music are our + laws (nomoi), and this latter being the name which the ancients gave to + lyric songs, they probably would not have very much objected to our + proposed application of the word. Some one, either asleep or awake, must + have had a dreamy suspicion of their nature. And let our decree be as + follows: No one in singing or dancing shall offend against public and + consecrated models, and the general fashion among the youth, any more than + he would offend against any other law. And he who observes this law shall + be blameless; but he who is disobedient, as I was saying, shall be + punished by the guardians of the laws, and by the priests and priestesses. + Suppose that we imagine this to be our law. + </p> + <p> + CLEINIAS: Very good. + </p> + <p> + ATHENIAN: Can any one who makes such laws escape ridicule? Let us see. I + think that our only safety will be in first framing certain models for + composers. One of these models shall be as follows: If when a sacrifice is + going on, and the victims are being burnt according to law—if, I + say, any one who may be a son or brother, standing by another at the altar + and over the victims, horribly blasphemes, will not his words inspire + despondency and evil omens and forebodings in the mind of his father and + of his other kinsmen? + </p> + <p> + CLEINIAS: Of course. + </p> + <p> + ATHENIAN: And this is just what takes place in almost all our cities. A + magistrate offers a public sacrifice, and there come in not one but many + choruses, who take up a position a little way from the altar, and from + time to time pour forth all sorts of horrible blasphemies on the sacred + rites, exciting the souls of the audience with words and rhythms and + melodies most sorrowful to hear; and he who at the moment when the city is + offering sacrifice makes the citizens weep most, carries away the palm of + victory. Now, ought we not to forbid such strains as these? And if ever + our citizens must hear such lamentations, then on some unblest and + inauspicious day let there be choruses of foreign and hired minstrels, + like those hirelings who accompany the departed at funerals with barbarous + Carian chants. That is the sort of thing which will be appropriate if we + have such strains at all; and let the apparel of the singers be, not + circlets and ornaments of gold, but the reverse. Enough of all this. I + will simply ask once more whether we shall lay down as one of our + principles of song— + </p> + <p> + CLEINIAS: What? + </p> + <p> + ATHENIAN: That we should avoid every word of evil omen; let that kind of + song which is of good omen be heard everywhere and always in our state. I + need hardly ask again, but shall assume that you agree with me. + </p> + <p> + CLEINIAS: By all means; that law is approved by the suffrages of us all. + </p> + <p> + ATHENIAN: But what shall be our next musical law or type? Ought not + prayers to be offered up to the Gods when we sacrifice? + </p> + <p> + CLEINIAS: Certainly. + </p> + <p> + ATHENIAN: And our third law, if I am not mistaken, will be to the effect + that our poets, understanding prayers to be requests which we make to the + Gods, will take especial heed that they do not by mistake ask for evil + instead of good. To make such a prayer would surely be too ridiculous. + </p> + <p> + CLEINIAS: Very true. + </p> + <p> + ATHENIAN: Were we not a little while ago quite convinced that no silver or + golden Plutus should dwell in our state? + </p> + <p> + CLEINIAS: To be sure. + </p> + <p> + ATHENIAN: And what has it been the object of our argument to show? Did we + not imply that the poets are not always quite capable of knowing what is + good or evil? And if one of them utters a mistaken prayer in song or + words, he will make our citizens pray for the opposite of what is good in + matters of the highest import; than which, as I was saying, there can be + few greater mistakes. Shall we then propose as one of our laws and models + relating to the Muses— + </p> + <p> + CLEINIAS: What? will you explain the law more precisely? + </p> + <p> + ATHENIAN: Shall we make a law that the poet shall compose nothing contrary + to the ideas of the lawful, or just, or beautiful, or good, which are + allowed in the state? nor shall he be permitted to communicate his + compositions to any private individuals, until he shall have shown them to + the appointed judges and the guardians of the law, and they are satisfied + with them. As to the persons whom we appoint to be our legislators about + music and as to the director of education, these have been already + indicated. Once more then, as I have asked more than once, shall this be + our third law, and type, and model—What do you say? + </p> + <p> + CLEINIAS: Let it be so, by all means. + </p> + <p> + ATHENIAN: Then it will be proper to have hymns and praises of the Gods, + intermingled with prayers; and after the Gods prayers and praises should + be offered in like manner to demigods and heroes, suitable to their + several characters. + </p> + <p> + CLEINIAS: Certainly. + </p> + <p> + ATHENIAN: In the next place there will be no objection to a law, that + citizens who are departed and have done good and energetic deeds, either + with their souls or with their bodies, and have been obedient to the laws, + should receive eulogies; this will be very fitting. + </p> + <p> + CLEINIAS: Quite true. + </p> + <p> + ATHENIAN: But to honour with hymns and panegyrics those who are still + alive is not safe; a man should run his course, and make a fair ending, + and then we will praise him; and let praise be given equally to women as + well as men who have been distinguished in virtue. The order of songs and + dances shall be as follows: There are many ancient musical compositions + and dances which are excellent, and from these the newly-founded city may + freely select what is proper and suitable; and they shall choose judges of + not less than fifty years of age, who shall make the selection, and any of + the old poems which they deem sufficient they shall include; any that are + deficient or altogether unsuitable, they shall either utterly throw aside, + or examine and amend, taking into their counsel poets and musicians, and + making use of their poetical genius; but explaining to them the wishes of + the legislator in order that they may regulate dancing, music, and all + choral strains, according to the mind of the judges; and not allowing them + to indulge, except in some few matters, their individual pleasures and + fancies. Now the irregular strain of music is always made ten thousand + times better by attaining to law and order, and rejecting the honeyed Muse—not + however that we mean wholly to exclude pleasure, which is the + characteristic of all music. And if a man be brought up from childhood to + the age of discretion and maturity in the use of the orderly and severe + music, when he hears the opposite he detests it, and calls it illiberal; + but if trained in the sweet and vulgar music, he deems the severer kind + cold and displeasing. So that, as I was saying before, while he who hears + them gains no more pleasure from the one than from the other, the one has + the advantage of making those who are trained in it better men, whereas + the other makes them worse. + </p> + <p> + CLEINIAS: Very true. + </p> + <p> + ATHENIAN: Again, we must distinguish and determine on some general + principle what songs are suitable to women, and what to men, and must + assign to them their proper melodies and rhythms. It is shocking for a + whole harmony to be inharmonical, or for a rhythm to be unrhythmical, and + this will happen when the melody is inappropriate to them. And therefore + the legislator must assign to these also their forms. Now both sexes have + melodies and rhythms which of necessity belong to them; and those of women + are clearly enough indicated by their natural difference. The grand, and + that which tends to courage, may be fairly called manly; but that which + inclines to moderation and temperance, may be declared both in law and in + ordinary speech to be the more womanly quality. This, then, will be the + general order of them. + </p> + <p> + Let us now speak of the manner of teaching and imparting them, and the + persons to whom, and the time when, they are severally to be imparted. As + the shipwright first lays down the lines of the keel, and thus, as it + were, draws the ship in outline, so do I seek to distinguish the patterns + of life, and lay down their keels according to the nature of different + men's souls; seeking truly to consider by what means, and in what ways, we + may go through the voyage of life best. Now human affairs are hardly worth + considering in earnest, and yet we must be in earnest about them—a + sad necessity constrains us. And having got thus far, there will be a + fitness in our completing the matter, if we can only find some suitable + method of doing so. But what do I mean? Some one may ask this very + question, and quite rightly, too. + </p> + <p> + CLEINIAS: Certainly. + </p> + <p> + ATHENIAN: I say that about serious matters a man should be serious, and + about a matter which is not serious he should not be serious; and that God + is the natural and worthy object of our most serious and blessed + endeavours, for man, as I said before, is made to be the plaything of God, + and this, truly considered, is the best of him; wherefore also every man + and woman should walk seriously, and pass life in the noblest of pastimes, + and be of another mind from what they are at present. + </p> + <p> + CLEINIAS: In what respect? + </p> + <p> + ATHENIAN: At present they think that their serious pursuits should be for + the sake of their sports, for they deem war a serious pursuit, which must + be managed well for the sake of peace; but the truth is, that there + neither is, nor has been, nor ever will be, either amusement or + instruction in any degree worth speaking of in war, which is nevertheless + deemed by us to be the most serious of our pursuits. And therefore, as we + say, every one of us should live the life of peace as long and as well as + he can. And what is the right way of living? Are we to live in sports + always? If so, in what kind of sports? We ought to live sacrificing, and + singing, and dancing, and then a man will be able to propitiate the Gods, + and to defend himself against his enemies and conquer them in battle. The + type of song or dance by which he will propitiate them has been described, + and the paths along which he is to proceed have been cut for him. He will + go forward in the spirit of the poet: + </p> + <p> + 'Telemachus, some things thou wilt thyself find in thy heart, but other + things God will suggest; for I deem that thou wast not born or brought up + without the will of the Gods.' + </p> + <p> + And this ought to be the view of our alumni; they ought to think that what + has been said is enough for them, and that any other things their Genius + and God will suggest to them—he will tell them to whom, and when, + and to what Gods severally they are to sacrifice and perform dances, and + how they may propitiate the deities, and live according to the appointment + of nature; being for the most part puppets, but having some little share + of reality. + </p> + <p> + MEGILLUS: You have a low opinion of mankind, Stranger. + </p> + <p> + ATHENIAN: Nay, Megillus, be not amazed, but forgive me: I was comparing + them with the Gods; and under that feeling I spoke. Let us grant, if you + wish, that the human race is not to be despised, but is worthy of some + consideration. + </p> + <p> + Next follow the buildings for gymnasia and schools open to all; these are + to be in three places in the midst of the city; and outside the city and + in the surrounding country, also in three places, there shall be schools + for horse exercise, and large grounds arranged with a view to archery and + the throwing of missiles, at which young men may learn and practise. Of + these mention has already been made; and if the mention be not + sufficiently explicit, let us speak further of them and embody them in + laws. In these several schools let there be dwellings for teachers, who + shall be brought from foreign parts by pay, and let them teach those who + attend the schools the art of war and the art of music, and the children + shall come not only if their parents please, but if they do not please; + there shall be compulsory education, as the saying is, of all and sundry, + as far as this is possible; and the pupils shall be regarded as belonging + to the state rather than to their parents. My law would apply to females + as well as males; they shall both go through the same exercises. I assert + without fear of contradiction that gymnastic and horsemanship are as + suitable to women as to men. Of the truth of this I am persuaded from + ancient tradition, and at the present day there are said to be countless + myriads of women in the neighbourhood of the Black Sea, called + Sauromatides, who not only ride on horseback like men, but have enjoined + upon them the use of bows and other weapons equally with the men. And I + further affirm, that if these things are possible, nothing can be more + absurd than the practice which prevails in our own country, of men and + women not following the same pursuits with all their strength and with one + mind, for thus the state, instead of being a whole, is reduced to a half, + but has the same imposts to pay and the same toils to undergo; and what + can be a greater mistake for any legislator to make than this? + </p> + <p> + CLEINIAS: Very true; yet much of what has been asserted by us, Stranger, + is contrary to the custom of states; still, in saying that the discourse + should be allowed to proceed, and that when the discussion is completed, + we should choose what seems best, you spoke very properly, and I now feel + compunction for what I have said. Tell me, then, what you would next wish + to say. + </p> + <p> + ATHENIAN: I should wish to say, Cleinias, as I said before, that if the + possibility of these things were not sufficiently proven in fact, then + there might be an objection to the argument, but the fact being as I have + said, he who rejects the law must find some other ground of objection; + and, failing this, our exhortation will still hold good, nor will any one + deny that women ought to share as far as possible in education and in + other ways with men. For consider; if women do not share in their whole + life with men, then they must have some other order of life. + </p> + <p> + CLEINIAS: Certainly. + </p> + <p> + ATHENIAN: And what arrangement of life to be found anywhere is preferable + to this community which we are now assigning to them? Shall we prefer that + which is adopted by the Thracians and many other races who use their women + to till the ground and to be shepherds of their herds and flocks, and to + minister to them like slaves? Or shall we do as we and people in our part + of the world do—getting together, as the phrase is, all our goods + and chattels into one dwelling, we entrust them to our women, who are the + stewards of them, and who also preside over the shuttles and the whole art + of spinning? Or shall we take a middle course, as in Lacedaemon, Megillus—letting + the girls share in gymnastic and music, while the grown-up women, no + longer employed in spinning wool, are hard at work weaving the web of + life, which will be no cheap or mean employment, and in the duty of + serving and taking care of the household and bringing up the children, in + which they will observe a sort of mean, not participating in the toils of + war; and if there were any necessity that they should fight for their city + and families, unlike the Amazons, they would be unable to take part in + archery or any other skilled use of missiles, nor could they, after the + example of the Goddess, carry shield or spear, or stand up nobly for their + country when it was being destroyed, and strike terror into their enemies, + if only because they were seen in regular order? Living as they do, they + would never dare at all to imitate the Sauromatides, who, when compared + with ordinary women, would appear to be like men. Let him who will, praise + your legislators, but I must say what I think. The legislator ought to be + whole and perfect, and not half a man only; he ought not to let the female + sex live softly and waste money and have no order of life, while he takes + the utmost care of the male sex, and leaves half of life only blest with + happiness, when he might have made the whole state happy. + </p> + <p> + MEGILLUS: What shall we do, Cleinias? Shall we allow a stranger to run + down Sparta in this fashion? + </p> + <p> + CLEINIAS: Yes; for as we have given him liberty of speech we must let him + go on until we have perfected the work of legislation. + </p> + <p> + MEGILLUS: Very true. + </p> + <p> + ATHENIAN: Then now I may proceed? + </p> + <p> + CLEINIAS: By all means. + </p> + <p> + ATHENIAN: What will be the manner of life among men who may be supposed to + have their food and clothing provided for them in moderation, and who have + entrusted the practice of the arts to others, and whose husbandry + committed to slaves paying a part of the produce, brings them a return + sufficient for men living temperately; who, moreover, have common tables + in which the men are placed apart, and near them are the common tables of + their families, of their daughters and mothers, which day by day, the + officers, male and female, are to inspect—they shall see to the + behaviour of the company, and so dismiss them; after which the presiding + magistrate and his attendants shall honour with libations those Gods to + whom that day and night are dedicated, and then go home? To men whose + lives are thus ordered, is there no work remaining to be done which is + necessary and fitting, but shall each one of them live fattening like a + beast? Such a life is neither just nor honourable, nor can he who lives it + fail of meeting his due; and the due reward of the idle fatted beast is + that he should be torn in pieces by some other valiant beast whose fatness + is worn down by brave deeds and toil. These regulations, if we duly + consider them, will never be exactly carried into execution under present + circumstances, nor as long as women and children and houses and all other + things are the private property of individuals; but if we can attain the + second-best form of polity, we shall be very well off. And to men living + under this second polity there remains a work to be accomplished which is + far from being small or insignificant, but is the greatest of all works, + and ordained by the appointment of righteous law. For the life which may + be truly said to be concerned with the virtue of body and soul is twice, + or more than twice, as full of toil and trouble as the pursuit after + Pythian and Olympic victories, which debars a man from every employment of + life. For there ought to be no bye-work interfering with the greater work + of providing the necessary exercise and nourishment for the body, and + instruction and education for the soul. Night and day are not long enough + for the accomplishment of their perfection and consummation; and therefore + to this end all freemen ought to arrange the way in which they will spend + their time during the whole course of the day, from morning till evening + and from evening till the morning of the next sunrise. There may seem to + be some impropriety in the legislator determining minutely the numberless + details of the management of the house, including such particulars as the + duty of wakefulness in those who are to be perpetual watchmen of the whole + city; for that any citizen should continue during the whole of any night + in sleep, instead of being seen by all his servants, always the first to + awake and get up—this, whether the regulation is to be called a law + or only a practice, should be deemed base and unworthy of a freeman; also + that the mistress of the house should be awakened by her hand-maidens + instead of herself first awakening them, is what the slaves, male and + female, and the serving-boys, and, if that were possible, everybody and + everything in the house should regard as base. If they rise early, they + may all of them do much of their public and of their household business, + as magistrates in the city, and masters and mistresses in their private + houses, before the sun is up. Much sleep is not required by nature, either + for our souls or bodies, or for the actions which they perform. For no one + who is asleep is good for anything, any more than if he were dead; but he + of us who has the most regard for life and reason keeps awake as long as + he can, reserving only so much time for sleep as is expedient for health; + and much sleep is not required, if the habit of moderation be once rightly + formed. Magistrates in states who keep awake at night are terrible to the + bad, whether enemies or citizens, and are honoured and reverenced by the + just and temperate, and are useful to themselves and to the whole state. + </p> + <p> + A night which is passed in such a manner, in addition to all the + above-mentioned advantages, infuses a sort of courage into the minds of + the citizens. When the day breaks, the time has arrived for youth to go to + their schoolmasters. Now neither sheep nor any other animals can live + without a shepherd, nor can children be left without tutors, or slaves + without masters. And of all animals the boy is the most unmanageable, + inasmuch as he has the fountain of reason in him not yet regulated; he is + the most insidious, sharp-witted, and insubordinate of animals. Wherefore + he must be bound with many bridles; in the first place, when he gets away + from mothers and nurses, he must be under the management of tutors on + account of his childishness and foolishness; then, again, being a freeman, + he must be controlled by teachers, no matter what they teach, and by + studies; but he is also a slave, and in that regard any freeman who comes + in his way may punish him and his tutor and his instructor, if any of them + does anything wrong; and he who comes across him and does not inflict upon + him the punishment which he deserves, shall incur the greatest disgrace; + and let the guardian of the law, who is the director of education, see to + him who coming in the way of the offences which we have mentioned, does + not chastise them when he ought, or chastises them in a way which he ought + not; let him keep a sharp look-out, and take especial care of the training + of our children, directing their natures, and always turning them to good + according to the law. + </p> + <p> + But how can our law sufficiently train the director of education himself; + for as yet all has been imperfect, and nothing has been said either clear + or satisfactory? Now, as far as possible, the law ought to leave nothing + to him, but to explain everything, that he may be an interpreter and tutor + to others. About dances and music and choral strains, I have already + spoken both as to the character of the selection of them, and the manner + in which they are to be amended and consecrated. But we have not as yet + spoken, O illustrious guardian of education, of the manner in which your + pupils are to use those strains which are written in prose, although you + have been informed what martial strains they are to learn and practise; + what relates in the first place to the learning of letters, and secondly, + to the lyre, and also to calculation, which, as we were saying, is needful + for them all to learn, and any other things which are required with a view + to war and the management of house and city, and, looking to the same + object, what is useful in the revolutions of the heavenly bodies—the + stars and sun and moon, and the various regulations about these matters + which are necessary for the whole state—I am speaking of the + arrangements of days in periods of months, and of months in years, which + are to be observed, in order that seasons and sacrifices and festivals may + have their regular and natural order, and keep the city alive and awake, + the Gods receiving the honours due to them, and men having a better + understanding about them: all these things, O my friend, have not yet been + sufficiently declared to you by the legislator. Attend, then, to what I am + now going to say: We were telling you, in the first place, that you were + not sufficiently informed about letters, and the objection was to this + effect—that you were never told whether he who was meant to be a + respectable citizen should apply himself in detail to that sort of + learning, or not apply himself at all; and the same remark holds good of + the study of the lyre. But now we say that he ought to attend to them. A + fair time for a boy of ten years old to spend in letters is three years; + the age of thirteen is the proper time for him to begin to handle the + lyre, and he may continue at this for another three years, neither more + nor less, and whether his father or himself like or dislike the study, he + is not to be allowed to spend more or less time in learning music than the + law allows. And let him who disobeys the law be deprived of those youthful + honours of which we shall hereafter speak. Hear, however, first of all, + what the young ought to learn in the early years of life, and what their + instructors ought to teach them. They ought to be occupied with their + letters until they are able to read and write; but the acquisition of + perfect beauty or quickness in writing, if nature has not stimulated them + to acquire these accomplishments in the given number of years, they should + let alone. And as to the learning of compositions committed to writing + which are not set to the lyre, whether metrical or without rhythmical + divisions, compositions in prose, as they are termed, having no rhythm or + harmony—seeing how dangerous are the writings handed down to us by + many writers of this class—what will you do with them, O most + excellent guardians of the law? or how can the lawgiver rightly direct you + about them? I believe that he will be in great difficulty. + </p> + <p> + CLEINIAS: What troubles you, Stranger? and why are you so perplexed in + your mind? + </p> + <p> + ATHENIAN: You naturally ask, Cleinias, and to you and Megillus, who are my + partners in the work of legislation, I must state the more difficult as + well as the easier parts of the task. + </p> + <p> + CLEINIAS: To what do you refer in this instance? + </p> + <p> + ATHENIAN: I will tell you. There is a difficulty in opposing many myriads + of mouths. + </p> + <p> + CLEINIAS: Well, and have we not already opposed the popular voice in many + important enactments? + </p> + <p> + ATHENIAN: That is quite true; and you mean to imply that the road which we + are taking may be disagreeable to some but is agreeable to as many others, + or if not to as many, at any rate to persons not inferior to the others, + and in company with them you bid me, at whatever risk, to proceed along + the path of legislation which has opened out of our present discourse, and + to be of good cheer, and not to faint. + </p> + <p> + CLEINIAS: Certainly. + </p> + <p> + ATHENIAN: And I do not faint; I say, indeed, that we have a great many + poets writing in hexameter, trimeter, and all sorts of measures—some + who are serious, others who aim only at raising a laugh—and all + mankind declare that the youth who are rightly educated should be brought + up in them and saturated with them; some insist that they should be + constantly hearing them read aloud, and always learning them, so as to get + by heart entire poets; while others select choice passages and long + speeches, and make compendiums of them, saying that these ought to be + committed to memory, if a man is to be made good and wise by experience + and learning of many things. And you want me now to tell them plainly in + what they are right and in what they are wrong. + </p> + <p> + CLEINIAS: Yes, I do. + </p> + <p> + ATHENIAN: But how can I in one word rightly comprehend all of them? I am + of opinion, and, if I am not mistaken, there is a general agreement, that + every one of these poets has said many things well and many things the + reverse of well; and if this be true, then I do affirm that much learning + is dangerous to youth. + </p> + <p> + CLEINIAS: How would you advise the guardian of the law to act? + </p> + <p> + ATHENIAN: In what respect? + </p> + <p> + CLEINIAS: I mean to what pattern should he look as his guide in permitting + the young to learn some things and forbidding them to learn others. Do not + shrink from answering. + </p> + <p> + ATHENIAN: My good Cleinias, I rather think that I am fortunate. + </p> + <p> + CLEINIAS: How so? + </p> + <p> + ATHENIAN: I think that I am not wholly in want of a pattern, for when I + consider the words which we have spoken from early dawn until now, and + which, as I believe, have been inspired by Heaven, they appear to me to be + quite like a poem. When I reflected upon all these words of ours, I + naturally felt pleasure, for of all the discourses which I have ever + learnt or heard, either in poetry or prose, this seemed to me to be the + justest, and most suitable for young men to hear; I cannot imagine any + better pattern than this which the guardian of the law who is also the + director of education can have. He cannot do better than advise the + teachers to teach the young these words and any which are of a like + nature, if he should happen to find them, either in poetry or prose, or if + he come across unwritten discourses akin to ours, he should certainly + preserve them, and commit them to writing. And, first of all, he shall + constrain the teachers themselves to learn and approve them, and any of + them who will not, shall not be employed by him, but those whom he finds + agreeing in his judgment, he shall make use of and shall commit to them + the instruction and education of youth. And here and on this wise let my + fanciful tale about letters and teachers of letters come to an end. + </p> + <p> + CLEINIAS: I do not think, Stranger, that we have wandered out of the + proposed limits of the argument; but whether we are right or not in our + whole conception, I cannot be very certain. + </p> + <p> + ATHENIAN: The truth, Cleinias, may be expected to become clearer when, as + we have often said, we arrive at the end of the whole discussion about + laws. + </p> + <p> + CLEINIAS: Yes. + </p> + <p> + ATHENIAN: And now that we have done with the teacher of letters, the + teacher of the lyre has to receive orders from us. + </p> + <p> + CLEINIAS: Certainly. + </p> + <p> + ATHENIAN: I think that we have only to recollect our previous discussions, + and we shall be able to give suitable regulations touching all this part + of instruction and education to the teachers of the lyre. + </p> + <p> + CLEINIAS: To what do you refer? + </p> + <p> + ATHENIAN: We were saying, if I remember rightly, that the sixty years old + choristers of Dionysus were to be specially quick in their perceptions of + rhythm and musical composition, that they might be able to distinguish + good and bad imitation, that is to say, the imitation of the good or bad + soul when under the influence of passion, rejecting the one and displaying + the other in hymns and songs, charming the souls of youth, and inviting + them to follow and attain virtue by the way of imitation. + </p> + <p> + CLEINIAS: Very true. + </p> + <p> + ATHENIAN: And with this view the teacher and the learner ought to use the + sounds of the lyre, because its notes are pure, the player who teaches and + his pupil rendering note for note in unison; but complexity, and variation + of notes, when the strings give one sound and the poet or composer of the + melody gives another—also when they make concords and harmonies in + which lesser and greater intervals, slow and quick, or high and low notes, + are combined—or, again, when they make complex variations of + rhythms, which they adapt to the notes of the lyre—all that sort of + thing is not suited to those who have to acquire speedy and useful + knowledge of music in three years; for opposite principles are confusing, + and create a difficulty in learning, and our young men should learn + quickly, and their mere necessary acquirements are not few or trifling, as + will be shown in due course. Let the director of education attend to the + principles concerning music which we are laying down. As to the songs and + words themselves which the masters of choruses are to teach and the + character of them, they have been already described by us, and are the + same which, when consecrated and adapted to the different festivals, we + said were to benefit cities by affording them an innocent amusement. + </p> + <p> + CLEINIAS: That, again, is true. + </p> + <p> + ATHENIAN: Then let him who has been elected a director of music receive + these rules from us as containing the very truth; and may he prosper in + his office! Let us now proceed to lay down other rules in addition to the + preceding about dancing and gymnastic exercise in general. Having said + what remained to be said about the teaching of music, let us speak in like + manner about gymnastic. For boys and girls ought to learn to dance and + practise gymnastic exercises—ought they not? + </p> + <p> + CLEINIAS: Yes. + </p> + <p> + ATHENIAN: Then the boys ought to have dancing masters, and the girls + dancing mistresses to exercise them. + </p> + <p> + CLEINIAS: Very good. + </p> + <p> + ATHENIAN: Then once more let us summon him who has the chief concern in + the business, the superintendent of youth [i.e. the director of + education]; he will have plenty to do, if he is to have the charge of + music and gymnastic. + </p> + <p> + CLEINIAS: But how will an old man be able to attend to such great charges? + </p> + <p> + ATHENIAN: O my friend, there will be no difficulty, for the law has + already given and will give him permission to select as his assistants in + this charge any citizens, male or female, whom he desires; and he will + know whom he ought to choose, and will be anxious not to make a mistake, + from a due sense of responsibility, and from a consciousness of the + importance of his office, and also because he will consider that if young + men have been and are well brought up, then all things go swimmingly, but + if not, it is not meet to say, nor do we say, what will follow, lest the + regarders of omens should take alarm about our infant state. Many things + have been said by us about dancing and about gymnastic movements in + general; for we include under gymnastics all military exercises, such as + archery, and all hurling of weapons, and the use of the light shield, and + all fighting with heavy arms, and military evolutions, and movements of + armies, and encampings, and all that relates to horsemanship. Of all these + things there ought to be public teachers, receiving pay from the state, + and their pupils should be the men and boys in the state, and also the + girls and women, who are to know all these things. While they are yet + girls they should have practised dancing in arms and the whole art of + fighting—when grown-up women, they should apply themselves to + evolutions and tactics, and the mode of grounding and taking up arms; if + for no other reason, yet in case the whole military force should have to + leave the city and carry on operations of war outside, that those who will + have to guard the young and the rest of the city may be equal to the task; + and, on the other hand, when enemies, whether barbarian or Hellenic, come + from without with mighty force and make a violent assault upon them, and + thus compel them to fight for the possession of the city, which is far + from being an impossibility, great would be the disgrace to the state, if + the women had been so miserably trained that they could not fight for + their young, as birds will, against any creature however strong, and die + or undergo any danger, but must instantly rush to the temples and crowd at + the altars and shrines, and bring upon human nature the reproach, that of + all animals man is the most cowardly! + </p> + <p> + CLEINIAS: Such a want of education, Stranger, is certainly an unseemly + thing to happen in a state, as well as a great misfortune. + </p> + <p> + ATHENIAN: Suppose that we carry our law to the extent of saying that women + ought not to neglect military matters, but that all citizens, male and + female alike, shall attend to them? + </p> + <p> + CLEINIAS: I quite agree. + </p> + <p> + ATHENIAN: Of wrestling we have spoken in part, but of what I should call + the most important part we have not spoken, and cannot easily speak + without showing at the same time by gesture as well as in word what we + mean; when word and action combine, and not till then, we shall explain + clearly what has been said, pointing out that of all movements wrestling + is most akin to the military art, and is to be pursued for the sake of + this, and not this for the sake of wrestling. + </p> + <p> + CLEINIAS: Excellent. ATHENIAN: Enough of wrestling; we will now proceed to + speak of other movements of the body. Such motion may be in general called + dancing, and is of two kinds: one of nobler figures, imitating the + honourable, the other of the more ignoble figures, imitating the mean; and + of both these there are two further subdivisions. Of the serious, one kind + is of those engaged in war and vehement action, and is the exercise of a + noble person and a manly heart; the other exhibits a temperate soul in the + enjoyment of prosperity and modest pleasures, and may be truly called and + is the dance of peace. The warrior dance is different from the peaceful + one, and may be rightly termed Pyrrhic; this imitates the modes of + avoiding blows and missiles by dropping or giving way, or springing aside, + or rising up or falling down; also the opposite postures which are those + of action, as, for example, the imitation of archery and the hurling of + javelins, and of all sorts of blows. And when the imitation is of brave + bodies and souls, and the action is direct and muscular, giving for the + most part a straight movement to the limbs of the body—that, I say, + is the true sort; but the opposite is not right. In the dance of peace + what we have to consider is whether a man bears himself naturally and + gracefully, and after the manner of men who duly conform to the law. But + before proceeding I must distinguish the dancing about which there is any + doubt, from that about which there is no doubt. Which is the doubtful + kind, and how are the two to be distinguished? There are dances of the + Bacchic sort, both those in which, as they say, they imitate drunken men, + and which are named after the Nymphs, and Pan, and Silenuses, and Satyrs; + and also those in which purifications are made or mysteries celebrated—all + this sort of dancing cannot be rightly defined as having either a peaceful + or a warlike character, or indeed as having any meaning whatever, and may, + I think, be most truly described as distinct from the warlike dance, and + distinct from the peaceful, and not suited for a city at all. There let it + lie; and so leaving it to lie, we will proceed to the dances of war and + peace, for with these we are undoubtedly concerned. Now the unwarlike + muse, which honours in dance the Gods and the sons of the Gods, is + entirely associated with the consciousness of prosperity; this class may + be subdivided into two lesser classes, of which one is expressive of an + escape from some labour or danger into good, and has greater pleasures, + the other expressive of preservation and increase of former good, in which + the pleasure is less exciting—in all these cases, every man when the + pleasure is greater, moves his body more, and less when the pleasure is + less; and, again, if he be more orderly and has learned courage from + discipline he moves less, but if he be a coward, and has no training or + self-control, he makes greater and more violent movements, and in general + when he is speaking or singing he is not altogether able to keep his body + still; and so out of the imitation of words in gestures the whole art of + dancing has arisen. And in these various kinds of imitation one man moves + in an orderly, another in a disorderly manner; and as the ancients may be + observed to have given many names which are according to nature and + deserving of praise, so there is an excellent one which they have given to + the dances of men who in their times of prosperity are moderate in their + pleasures—the giver of names, whoever he was, assigned to them a + very true, and poetical, and rational name, when he called them Emmeleiai, + or dances of order, thus establishing two kinds of dances of the nobler + sort, the dance of war which he called the Pyrrhic, and the dance of peace + which he called Emmeleia, or the dance of order; giving to each their + appropriate and becoming name. These things the legislator should indicate + in general outline, and the guardian of the law should enquire into them + and search them out, combining dancing with music, and assigning to the + several sacrificial feasts that which is suitable to them; and when he has + consecrated all of them in due order, he shall for the future change + nothing, whether of dance or song. Thenceforward the city and the citizens + shall continue to have the same pleasures, themselves being as far as + possible alike, and shall live well and happily. + </p> + <p> + I have described the dances which are appropriate to noble bodies and + generous souls. But it is necessary also to consider and know uncomely + persons and thoughts, and those which are intended to produce laughter in + comedy, and have a comic character in respect of style, song, and dance, + and of the imitations which these afford. For serious things cannot be + understood without laughable things, nor opposites at all without + opposites, if a man is really to have intelligence of either; but he + cannot carry out both in action, if he is to have any degree of virtue. + And for this very reason he should learn them both, in order that he may + not in ignorance do or say anything which is ridiculous and out of place—he + should command slaves and hired strangers to imitate such things, but he + should never take any serious interest in them himself, nor should any + freeman or freewoman be discovered taking pains to learn them; and there + should always be some element of novelty in the imitation. Let these then + be laid down, both in law and in our discourse, as the regulations of + laughable amusements which are generally called comedy. And, if any of the + serious poets, as they are termed, who write tragedy, come to us and say—'O + strangers, may we go to your city and country or may we not, and shall we + bring with us our poetry—what is your will about these matters?'—how + shall we answer the divine men? I think that our answer should be as + follows: Best of strangers, we will say to them, we also according to our + ability are tragic poets, and our tragedy is the best and noblest; for our + whole state is an imitation of the best and noblest life, which we affirm + to be indeed the very truth of tragedy. You are poets and we are poets, + both makers of the same strains, rivals and antagonists in the noblest of + dramas, which true law can alone perfect, as our hope is. Do not then + suppose that we shall all in a moment allow you to erect your stage in the + agora, or introduce the fair voices of your actors, speaking above our + own, and permit you to harangue our women and children, and the common + people, about our institutions, in language other than our own, and very + often the opposite of our own. For a state would be mad which gave you + this licence, until the magistrates had determined whether your poetry + might be recited, and was fit for publication or not. Wherefore, O ye sons + and scions of the softer Muses, first of all show your songs to the + magistrates, and let them compare them with our own, and if they are the + same or better we will give you a chorus; but if not, then, my friends, we + cannot. Let these, then, be the customs ordained by law about all dances + and the teaching of them, and let matters relating to slaves be separated + from those relating to masters, if you do not object. + </p> + <p> + CLEINIAS: We can have no hesitation in assenting when you put the matter + thus. + </p> + <p> + ATHENIAN: There still remain three studies suitable for freemen. + Arithmetic is one of them; the measurement of length, surface, and depth + is the second; and the third has to do with the revolutions of the stars + in relation to one another. Not every one has need to toil through all + these things in a strictly scientific manner, but only a few, and who they + are to be we will hereafter indicate at the end, which will be the proper + place; not to know what is necessary for mankind in general, and what is + the truth, is disgraceful to every one: and yet to enter into these + matters minutely is neither easy, nor at all possible for every one; but + there is something in them which is necessary and cannot be set aside, and + probably he who made the proverb about God originally had this in view + when he said, that 'not even God himself can fight against necessity;' he + meant, if I am not mistaken, divine necessity; for as to the human + necessities of which the many speak, when they talk in this manner, + nothing can be more ridiculous than such an application of the words. + </p> + <p> + CLEINIAS: And what necessities of knowledge are there, Stranger, which are + divine and not human? + </p> + <p> + ATHENIAN: I conceive them to be those of which he who has no use nor any + knowledge at all cannot be a God, or demi-god, or hero to mankind, or able + to take any serious thought or charge of them. And very unlike a divine + man would he be, who is unable to count one, two, three, or to distinguish + odd and even numbers, or is unable to count at all, or reckon night and + day, and who is totally unacquainted with the revolution of the sun and + moon, and the other stars. There would be great folly in supposing that + all these are not necessary parts of knowledge to him who intends to know + anything about the highest kinds of knowledge; but which these are, and + how many there are of them, and when they are to be learned, and what is + to be learned together and what apart, and the whole correlation of them, + must be rightly apprehended first; and these leading the way we may + proceed to the other parts of knowledge. For so necessity grounded in + nature constrains us, against which we say that no God contends, or ever + will contend. + </p> + <p> + CLEINIAS: I think, Stranger, that what you have now said is very true and + agreeable to nature. + </p> + <p> + ATHENIAN: Yes, Cleinias, that is so. But it is difficult for the + legislator to begin with these studies; at a more convenient time we will + make regulations for them. + </p> + <p> + CLEINIAS: You seem, Stranger, to be afraid of our habitual ignorance of + the subject: there is no reason why that should prevent you from speaking + out. + </p> + <p> + ATHENIAN: I certainly am afraid of the difficulties to which you allude, + but I am still more afraid of those who apply themselves to this sort of + knowledge, and apply themselves badly. For entire ignorance is not so + terrible or extreme an evil, and is far from being the greatest of all; + too much cleverness and too much learning, accompanied with an ill + bringing up, are far more fatal. + </p> + <p> + CLEINIAS: True. + </p> + <p> + ATHENIAN: All freemen I conceive, should learn as much of these branches + of knowledge as every child in Egypt is taught when he learns the + alphabet. In that country arithmetical games have been invented for the + use of mere children, which they learn as a pleasure and amusement. They + have to distribute apples and garlands, using the same number sometimes + for a larger and sometimes for a lesser number of persons; and they + arrange pugilists and wrestlers as they pair together by lot or remain + over, and show how their turns come in natural order. Another mode of + amusing them is to distribute vessels, sometimes of gold, brass, silver, + and the like, intermixed with one another, sometimes of one metal only; as + I was saying they adapt to their amusement the numbers in common use, and + in this way make more intelligible to their pupils the arrangements and + movements of armies and expeditions, and in the management of a household + they make people more useful to themselves, and more wide awake; and again + in measurements of things which have length, and breadth, and depth, they + free us from that natural ignorance of all these things which is so + ludicrous and disgraceful. + </p> + <p> + CLEINIAS: What kind of ignorance do you mean? + </p> + <p> + ATHENIAN: O my dear Cleinias, I, like yourself, have late in life heard + with amazement of our ignorance in these matters; to me we appear to be + more like pigs than men, and I am quite ashamed, not only of myself, but + of all Hellenes. + </p> + <p> + CLEINIAS: About what? Say, Stranger, what you mean. + </p> + <p> + ATHENIAN: I will; or rather I will show you my meaning by a question, and + do you please to answer me: You know, I suppose, what length is? + </p> + <p> + CLEINIAS: Certainly. + </p> + <p> + ATHENIAN: And what breadth is? + </p> + <p> + CLEINIAS: To be sure. + </p> + <p> + ATHENIAN: And you know that these are two distinct things, and that there + is a third thing called depth? + </p> + <p> + CLEINIAS: Of course. + </p> + <p> + ATHENIAN: And do not all these seem to you to be commensurable with + themselves? + </p> + <p> + CLEINIAS: Yes. + </p> + <p> + ATHENIAN: That is to say, length is naturally commensurable with length, + and breadth with breadth, and depth in like manner with depth? + </p> + <p> + CLEINIAS: Undoubtedly. + </p> + <p> + ATHENIAN: But if some things are commensurable and others wholly + incommensurable, and you think that all things are commensurable, what is + your position in regard to them? + </p> + <p> + CLEINIAS: Clearly, far from good. + </p> + <p> + ATHENIAN: Concerning length and breadth when compared with depth, or + breadth and length when compared with one another, are not all the + Hellenes agreed that these are commensurable with one another in some way? + </p> + <p> + CLEINIAS: Quite true. + </p> + <p> + ATHENIAN: But if they are absolutely incommensurable, and yet all of us + regard them as commensurable, have we not reason to be ashamed of our + compatriots; and might we not say to them: O ye best of Hellenes, is not + this one of the things of which we were saying that not to know them is + disgraceful, and of which to have a bare knowledge only is no great + distinction? + </p> + <p> + CLEINIAS: Certainly. + </p> + <p> + ATHENIAN: And there are other things akin to these, in which there spring + up other errors of the same family. + </p> + <p> + CLEINIAS: What are they? + </p> + <p> + ATHENIAN: The natures of commensurable and incommensurable quantities in + their relation to one another. A man who is good for anything ought to be + able, when he thinks, to distinguish them; and different persons should + compete with one another in asking questions, which will be a far better + and more graceful way of passing their time than the old man's game of + draughts. + </p> + <p> + CLEINIAS: I dare say; and these pastimes are not so very unlike a game of + draughts. + </p> + <p> + ATHENIAN: And these, as I maintain, Cleinias, are the studies which our + youth ought to learn, for they are innocent and not difficult; the + learning of them will be an amusement, and they will benefit the state. If + any one is of another mind, let him say what he has to say. + </p> + <p> + CLEINIAS: Certainly. + </p> + <p> + ATHENIAN: Then if these studies are such as we maintain, we will include + them; if not, they shall be excluded. + </p> + <p> + CLEINIAS: Assuredly: but may we not now, Stranger, prescribe these studies + as necessary, and so fill up the lacunae of our laws? + </p> + <p> + ATHENIAN: They shall be regarded as pledges which may be hereafter + redeemed and removed from our state, if they do not please either us who + give them, or you who accept them. + </p> + <p> + CLEINIAS: A fair condition. + </p> + <p> + ATHENIAN: Next let us see whether we are or are not willing that the study + of astronomy shall be proposed for our youth. + </p> + <p> + CLEINIAS: Proceed. + </p> + <p> + ATHENIAN: Here occurs a strange phenomenon, which certainly cannot in any + point of view be tolerated. + </p> + <p> + CLEINIAS: To what are you referring? + </p> + <p> + ATHENIAN: Men say that we ought not to enquire into the supreme God and + the nature of the universe, nor busy ourselves in searching out the causes + of things, and that such enquiries are impious; whereas the very opposite + is the truth. + </p> + <p> + CLEINIAS: What do you mean? + </p> + <p> + ATHENIAN: Perhaps what I am saying may seem paradoxical, and at variance + with the usual language of age. But when any one has any good and true + notion which is for the advantage of the state and in every way acceptable + to God, he cannot abstain from expressing it. + </p> + <p> + CLEINIAS: Your words are reasonable enough; but shall we find any good or + true notion about the stars? + </p> + <p> + ATHENIAN: My good friends, at this hour all of us Hellenes tell lies, if I + may use such an expression, about those great Gods, the Sun and the Moon. + </p> + <p> + CLEINIAS: Lies of what nature? + </p> + <p> + ATHENIAN: We say that they and divers other stars do not keep the same + path, and we call them planets or wanderers. + </p> + <p> + CLEINIAS: Very true, Stranger; and in the course of my life I have often + myself seen the morning star and the evening star and divers others not + moving in their accustomed course, but wandering out of their path in all + manner of ways, and I have seen the sun and moon doing what we all know + that they do. + </p> + <p> + ATHENIAN: Just so, Megillus and Cleinias; and I maintain that our citizens + and our youth ought to learn about the nature of the Gods in heaven, so + far as to be able to offer sacrifices and pray to them in pious language, + and not to blaspheme about them. + </p> + <p> + CLEINIAS: There you are right, if such a knowledge be only attainable; and + if we are wrong in our mode of speaking now, and can be better instructed + and learn to use better language, then I quite agree with you that such a + degree of knowledge as will enable us to speak rightly should be acquired + by us. And now do you try to explain to us your whole meaning, and we, on + our part, will endeavour to understand you. + </p> + <p> + ATHENIAN: There is some difficulty in understanding my meaning, but not a + very great one, nor will any great length of time be required. And of this + I am myself a proof; for I did not know these things long ago, nor in the + days of my youth, and yet I can explain them to you in a brief space of + time; whereas if they had been difficult I could certainly never have + explained them all, old as I am, to old men like yourselves. + </p> + <p> + CLEINIAS: True; but what is this study which you describe as wonderful and + fitting for youth to learn, but of which we are ignorant? Try and explain + the nature of it to us as clearly as you can. + </p> + <p> + ATHENIAN: I will. For, O my good friends, that other doctrine about the + wandering of the sun and the moon and the other stars is not the truth, + but the very reverse of the truth. Each of them moves in the same path—not + in many paths, but in one only, which is circular, and the varieties are + only apparent. Nor are we right in supposing that the swiftest of them is + the slowest, nor conversely, that the slowest is the quickest. And if what + I say is true, only just imagine that we had a similar notion about horses + running at Olympia, or about men who ran in the long course, and that we + addressed the swiftest as the slowest and the slowest as the swiftest, and + sang the praises of the vanquished as though he were the victor—in + that case our praises would not be true, nor very agreeable to the + runners, though they be but men; and now, to commit the same error about + the Gods which would have been ludicrous and erroneous in the case of men—is + not that ludicrous and erroneous? + </p> + <p> + CLEINIAS: Worse than ludicrous, I should say. + </p> + <p> + ATHENIAN: At all events, the Gods cannot like us to be spreading a false + report of them. + </p> + <p> + CLEINIAS: Most true, if such is the fact. + </p> + <p> + ATHENIAN: And if we can show that such is really the fact, then all these + matters ought to be learned so far as is necessary for the avoidance of + impiety; but if we cannot, they may be let alone, and let this be our + decision. + </p> + <p> + CLEINIAS: Very good. + </p> + <p> + ATHENIAN: Enough of laws relating to education and learning. But hunting + and similar pursuits in like manner claim our attention. For the + legislator appears to have a duty imposed upon him which goes beyond mere + legislation. There is something over and above law which lies in a region + between admonition and law, and has several times occurred to us in the + course of discussion; for example, in the education of very young children + there were things, as we maintain, which are not to be defined, and to + regard them as matters of positive law is a great absurdity. Now, our laws + and the whole constitution of our state having been thus delineated, the + praise of the virtuous citizen is not complete when he is described as the + person who serves the laws best and obeys them most, but the higher form + of praise is that which describes him as the good citizen who passes + through life undefiled and is obedient to the words of the legislator, + both when he is giving laws and when he assigns praise and blame. This is + the truest word that can be spoken in praise of a citizen; and the true + legislator ought not only to write his laws, but also to interweave with + them all such things as seem to him honourable and dishonourable. And the + perfect citizen ought to seek to strengthen these no less than the + principles of law which are sanctioned by punishments. I will adduce an + example which will clear up my meaning, and will be a sort of witness to + my words. Hunting is of wide extent, and has a name under which many + things are included, for there is a hunting of creatures in the water, and + of creatures in the air, and there is a great deal of hunting of land + animals of all kinds, and not of wild beasts only. The hunting after man + is also worthy of consideration; there is the hunting after him in war, + and there is often a hunting after him in the way of friendship, which is + praised and also blamed; and there is thieving, and the hunting which is + practised by robbers, and that of armies against armies. Now the + legislator, in laying down laws about hunting, can neither abstain from + noting these things, nor can he make threatening ordinances which will + assign rules and penalties about all of them. What is he to do? He will + have to praise and blame hunting with a view to the exercise and pursuits + of youth. And, on the other hand, the young man must listen obediently; + neither pleasure nor pain should hinder him, and he should regard as his + standard of action the praises and injunctions of the legislator rather + than the punishments which he imposes by law. This being premised, there + will follow next in order moderate praise and censure of hunting; the + praise being assigned to that kind which will make the souls of young men + better, and the censure to that which has the opposite effect. And now let + us address young men in the form of a prayer for their welfare: O friends, + we will say to them, may no desire or love of hunting in the sea, or of + angling or of catching the creatures in the waters, ever take possession + of you, either when you are awake or when you are asleep, by hook or with + weels, which latter is a very lazy contrivance; and let not any desire of + catching men and of piracy by sea enter into your souls and make you cruel + and lawless hunters. And as to the desire of thieving in town or country, + may it never enter into your most passing thoughts; nor let the insidious + fancy of catching birds, which is hardly worthy of freemen, come into the + head of any youth. There remains therefore for our athletes only the + hunting and catching of land animals, of which the one sort is called + hunting by night, in which the hunters sleep in turn and are lazy; this is + not to be commended any more than that which has intervals of rest, in + which the wild strength of beasts is subdued by nets and snares, and not + by the victory of a laborious spirit. Thus, only the best kind of hunting + is allowed at all—that of quadrupeds, which is carried on with + horses and dogs and men's own persons, and they get the victory over the + animals by running them down and striking them and hurling at them, those + who have a care of godlike manhood taking them with their own hands. The + praise and blame which is assigned to all these things has now been + declared; and let the law be as follows: Let no one hinder these who + verily are sacred hunters from following the chase wherever and + whithersoever they will; but the hunter by night, who trusts to his nets + and gins, shall not be allowed to hunt anywhere. The fowler in the + mountains and waste places shall be permitted, but on cultivated ground + and on consecrated wilds he shall not be permitted; and any one who meets + him may stop him. As to the hunter in waters, he may hunt anywhere except + in harbours or sacred streams or marshes or pools, provided only that he + do not pollute the water with poisonous juices. And now we may say that + all our enactments about education are complete. + </p> + <p> + CLEINIAS: Very good. + </p> + <p> + <a name="link2H_4_0011" id="link2H_4_0011"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + BOOK VIII. + </h2> + <p> + ATHENIAN: Next, with the help of the Delphian oracle, we have to institute + festivals and make laws about them, and to determine what sacrifices will + be for the good of the city, and to what Gods they shall be offered; but + when they shall be offered, and how often, may be partly regulated by us. + </p> + <p> + CLEINIAS: The number—yes. + </p> + <p> + ATHENIAN: Then we will first determine the number; and let the whole + number be 365—one for every day—so that one magistrate at + least will sacrifice daily to some God or demi-god on behalf of the city, + and the citizens, and their possessions. And the interpreters, and + priests, and priestesses, and prophets shall meet, and, in company with + the guardians of the law, ordain those things which the legislator of + necessity omits; and I may remark that they are the very persons who ought + to take note of what is omitted. The law will say that there are twelve + feasts dedicated to the twelve Gods, after whom the several tribes are + named; and that to each of them they shall sacrifice every month, and + appoint choruses, and musical and gymnastic contests, assigning them so as + to suit the Gods and seasons of the year. And they shall have festivals + for women, distinguishing those which ought to be separated from the men's + festivals, and those which ought not. Further, they shall not confuse the + infernal deities and their rites with the Gods who are termed heavenly and + their rites, but shall separate them, giving to Pluto his own in the + twelfth month, which is sacred to him, according to the law. To such a + deity warlike men should entertain no aversion, but they should honour him + as being always the best friend of man. For the connexion of soul and body + is no way better than the dissolution of them, as I am ready to maintain + quite seriously. Moreover, those who would regulate these matters rightly + should consider, that our city among existing cities has no fellow, either + in respect of leisure or command of the necessaries of life, and that like + an individual she ought to live happily. And those who would live happily + should in the first place do no wrong to one another, and ought not + themselves to be wronged by others; to attain the first is not difficult, + but there is great difficulty in acquiring the power of not being wronged. + No man can be perfectly secure against wrong, unless he has become + perfectly good; and cities are like individuals in this, for a city if + good has a life of peace, but if evil, a life of war within and without. + Wherefore the citizens ought to practise war—not in time of war, but + rather while they are at peace. And every city which has any sense, should + take the field at least for one day in every month, and for more if the + magistrates think fit, having no regard to winter cold or summer heat; and + they should go out en masse, including their wives and their children, + when the magistrates determine to lead forth the whole people, or in + separate portions when summoned by them; and they should always provide + that there should be games and sacrificial feasts, and they should have + tournaments, imitating in as lively a manner as they can real battles. And + they should distribute prizes of victory and valour to the competitors, + passing censures and encomiums on one another according to the characters + which they bear in the contests and in their whole life, honouring him who + seems to be the best, and blaming him who is the opposite. And let poets + celebrate the victors—not however every poet, but only one who in + the first place is not less than fifty years of age; nor should he be one + who, although he may have musical and poetical gifts, has never in his + life done any noble or illustrious action; but those who are themselves + good and also honourable in the state, creators of noble actions—let + their poems be sung, even though they be not very musical. And let the + judgment of them rest with the instructor of youth and the other guardians + of the laws, who shall give them this privilege, and they alone shall be + free to sing; but the rest of the world shall not have this liberty. Nor + shall any one dare to sing a song which has not been approved by the + judgment of the guardians of the laws, not even if his strain be sweeter + than the songs of Thamyras and Orpheus; but only such poems as have been + judged sacred and dedicated to the Gods, and such as are the works of good + men, in which praise or blame has been awarded and which have been deemed + to fulfil their design fairly. + </p> + <p> + The regulations about war, and about liberty of speech in poetry, ought to + apply equally to men and women. The legislator may be supposed to argue + the question in his own mind: Who are my citizens for whom I have set in + order the city? Are they not competitors in the greatest of all contests, + and have they not innumerable rivals? To be sure, will be the natural + reply. Well, but if we were training boxers, or pancratiasts, or any other + sort of athletes, would they never meet until the hour of contest arrived; + and should we do nothing to prepare ourselves previously by daily + practice? Surely, if we were boxers, we should have been learning to fight + for many days before, and exercising ourselves in imitating all those + blows and wards which we were intending to use in the hour of conflict; + and in order that we might come as near to reality as possible, instead of + cestuses we should put on boxing-gloves, that the blows and the wards + might be practised by us to the utmost of our power. And if there were a + lack of competitors, the ridicule of fools would not deter us from hanging + up a lifeless image and practising at that. Or if we had no adversary at + all, animate or inanimate, should we not venture in the dearth of + antagonists to spar by ourselves? In what other manner could we ever study + the art of self-defence? + </p> + <p> + CLEINIAS: The way which you mention, Stranger, would be the only way. + </p> + <p> + ATHENIAN: And shall the warriors of our city, who are destined when + occasion calls to enter the greatest of all contests, and to fight for + their lives, and their children, and their property, and the whole city, + be worse prepared than boxers? And will the legislator, because he is + afraid that their practising with one another may appear to some + ridiculous, abstain from commanding them to go out and fight; will he not + ordain that soldiers shall perform lesser exercises without arms every + day, making dancing and all gymnastic tend to this end; and also will he + not require that they shall practise some gymnastic exercises, greater as + well as lesser, as often as every month; and that they shall have contests + one with another in every part of the country, seizing upon posts and + lying in ambush, and imitating in every respect the reality of war; + fighting with boxing-gloves and hurling javelins, and using weapons + somewhat dangerous, and as nearly as possible like the true ones, in order + that the sport may not be altogether without fear, but may have terrors + and to a certain degree show the man who has and who has not courage; and + that the honour and dishonour which are assigned to them respectively, may + prepare the whole city for the true conflict of life? If any one dies in + these mimic contests, the homicide is involuntary, and we will make the + slayer, when he has been purified according to law, to be pure of blood, + considering that if a few men should die, others as good as they will be + born; but that if fear is dead, then the citizens will never find a test + of superior and inferior natures, which is a far greater evil to the state + than the loss of a few. + </p> + <p> + CLEINIAS: We are quite agreed, Stranger, that we should legislate about + such things, and that the whole state should practise them. + </p> + <p> + ATHENIAN: And what is the reason that dances and contests of this sort + hardly ever exist in states, at least not to any extent worth speaking of? + Is this due to the ignorance of mankind and their legislators? + </p> + <p> + CLEINIAS: Perhaps. + </p> + <p> + ATHENIAN: Certainly not, sweet Cleinias; there are two causes, which are + quite enough to account for the deficiency. + </p> + <p> + CLEINIAS: What are they? + </p> + <p> + ATHENIAN: One cause is the love of wealth, which wholly absorbs men, and + never for a moment allows them to think of anything but their own private + possessions; on this the soul of every citizen hangs suspended, and can + attend to nothing but his daily gain; mankind are ready to learn any + branch of knowledge, and to follow any pursuit which tends to this end, + and they laugh at every other: that is one reason why a city will not be + in earnest about such contests or any other good and honourable pursuit. + But from an insatiable love of gold and silver, every man will stoop to + any art or contrivance, seemly or unseemly, in the hope of becoming rich; + and will make no objection to performing any action, holy, or unholy and + utterly base; if only like a beast he have the power of eating and + drinking all kinds of things, and procuring for himself in every sort of + way the gratification of his lusts. + </p> + <p> + CLEINIAS: True. + </p> + <p> + ATHENIAN: Let this, then, be deemed one of the causes which prevent states + from pursuing in an efficient manner the art of war, or any other noble + aim, but makes the orderly and temperate part of mankind into merchants, + and captains of ships, and servants, and converts the valiant sort into + thieves and burglars, and robbers of temples, and violent, tyrannical + persons; many of whom are not without ability, but they are unfortunate. + </p> + <p> + CLEINIAS: What do you mean? + </p> + <p> + ATHENIAN: Must not they be truly unfortunate whose souls are compelled to + pass through life always hungering? + </p> + <p> + CLEINIAS: Then that is one cause, Stranger; but you spoke of another. + </p> + <p> + ATHENIAN: Thank you for reminding me. + </p> + <p> + CLEINIAS: The insatiable lifelong love of wealth, as you were saying, is + one cause which absorbs mankind, and prevents them from rightly practising + the arts of war: Granted; and now tell me, what is the other? + </p> + <p> + ATHENIAN: Do you imagine that I delay because I am in a perplexity? + </p> + <p> + CLEINIAS: No; but we think that you are too severe upon the money-loving + temper, of which you seem in the present discussion to have a peculiar + dislike. + </p> + <p> + ATHENIAN: That is a very fair rebuke, Cleinias; and I will now proceed to + the second cause. + </p> + <p> + CLEINIAS: Proceed. + </p> + <p> + ATHENIAN: I say that governments are a cause—democracy, oligarchy, + tyranny, concerning which I have often spoken in the previous discourse; + or rather governments they are not, for none of them exercises a voluntary + rule over voluntary subjects; but they may be truly called states of + discord, in which while the government is voluntary, the subjects always + obey against their will, and have to be coerced; and the ruler fears the + subject, and will not, if he can help, allow him to become either noble, + or rich, or strong, or valiant, or warlike at all. These two are the chief + causes of almost all evils, and of the evils of which I have been speaking + they are notably the causes. But our state has escaped both of them; for + her citizens have the greatest leisure, and they are not subject to one + another, and will, I think, be made by these laws the reverse of lovers of + money. Such a constitution may be reasonably supposed to be the only one + existing which will accept the education which we have described, and the + martial pastimes which have been perfected according to our idea. + </p> + <p> + CLEINIAS: True. + </p> + <p> + ATHENIAN: Then next we must remember, about all gymnastic contests, that + only the warlike sort of them are to be practised and to have prizes of + victory; and those which are not military are to be given up. The military + sort had better be completely described and established by law; and first, + let us speak of running and swiftness. + </p> + <p> + CLEINIAS: Very good. + </p> + <p> + ATHENIAN: Certainly the most military of all qualities is general activity + of body, whether of foot or hand. For escaping or for capturing an enemy, + quickness of foot is required; but hand-to-hand conflict and combat need + vigour and strength. + </p> + <p> + CLEINIAS: Very true. + </p> + <p> + ATHENIAN: Neither of them can attain their greatest efficiency without + arms. + </p> + <p> + CLEINIAS: How can they? + </p> + <p> + ATHENIAN: Then our herald, in accordance with the prevailing practice, + will first summon the runner—he will appear armed, for to an unarmed + competitor we will not give a prize. And he shall enter first who is to + run the single course bearing arms; next, he who is to run the double + course; third, he who is to run the horse-course; and fourthly, he who is + to run the long course; the fifth whom we start, shall be the first sent + forth in heavy armour, and shall run a course of sixty stadia to some + temple of Ares—and we will send forth another, whom we will style + the more heavily armed, to run over smoother ground. There remains the + archer; and he shall run in the full equipments of an archer a distance of + 100 stadia over mountains, and across every sort of country, to a temple + of Apollo and Artemis; this shall be the order of the contest, and we will + wait for them until they return, and will give a prize to the conqueror in + each. + </p> + <p> + CLEINIAS: Very good. + </p> + <p> + ATHENIAN: Let us suppose that there are three kinds of contests—one + of boys, another of beardless youths, and a third of men. For the youths + we will fix the length of the contest at two-thirds, and for the boys at + half of the entire course, whether they contend as archers or as + heavy-armed. Touching the women, let the girls who are not grown up + compete naked in the stadium and the double course, and the horse-course + and the long course, and let them run on the race-ground itself; those who + are thirteen years of age and upwards until their marriage shall continue + to share in contests if they are not more than twenty, and shall be + compelled to run up to eighteen; and they shall descend into the arena in + suitable dresses. Let these be the regulations about contests in running + both for men and women. + </p> + <p> + Respecting contests of strength, instead of wrestling and similar contests + of the heavier sort, we will institute conflicts in armour of one against + one, and two against two, and so on up to ten against ten. As to what a + man ought not to suffer or do, and to what extent, in order to gain the + victory—as in wrestling, the masters of the art have laid down what + is fair and what is not fair, so in fighting in armour—we ought to + call in skilful persons, who shall judge for us and be our assessors in + the work of legislation; they shall say who deserves to be victor in + combats of this sort, and what he is not to do or have done to him, and in + like manner what rule determines who is defeated; and let these ordinances + apply to women until they are married as well as to men. The pancration + shall have a counterpart in a combat of the light-armed; they shall + contend with bows and with light shields and with javelins and in the + throwing of stones by slings and by hand: and laws shall be made about it, + and rewards and prizes given to him who best fulfils the ordinances of the + law. + </p> + <p> + Next in order we shall have to legislate about the horse contests. Now we + do not need many horses, for they cannot be of much use in a country like + Crete, and hence we naturally do not take great pains about the rearing of + them or about horse races. There is no one who keeps a chariot among us, + and any rivalry in such matters would be altogether out of place; there + would be no sense nor any shadow of sense in instituting contests which + are not after the manner of our country. And therefore we give our prizes + for single horses—for colts who have not yet cast their teeth, and + for those who are intermediate, and for the full-grown horses themselves; + and thus our equestrian games will accord with the nature of the country. + Let them have conflict and rivalry in these matters in accordance with the + law, and let the colonels and generals of horse decide together about all + courses and about the armed competitors in them. But we have nothing to + say to the unarmed either in gymnastic exercises or in these contests. On + the other hand, the Cretan bowman or javelin-man who fights in armour on + horseback is useful, and therefore we may as well place a competition of + this sort among our amusements. Women are not to be forced to compete by + laws and ordinances; but if from previous training they have acquired the + habit and are strong enough and like to take part, let them do so, girls + as well as boys, and no blame to them. + </p> + <p> + Thus the competition in gymnastic and the mode of learning it have been + described; and we have spoken also of the toils of the contest, and of + daily exercises under the superintendence of masters. Likewise, what + relates to music has been, for the most part, completed. But as to + rhapsodes and the like, and the contests of choruses which are to perform + at feasts, all this shall be arranged when the months and days and years + have been appointed for Gods and demi-gods, whether every third year, or + again every fifth year, or in whatever way or manner the Gods may put into + men's minds the distribution and order of them. At the same time, we may + expect that the musical contests will be celebrated in their turn by the + command of the judges and the director of education and the guardians of + the law meeting together for this purpose, and themselves becoming + legislators of the times and nature and conditions of the choral contests + and of dancing in general. What they ought severally to be in language and + song, and in the admixture of harmony with rhythm and the dance, has been + often declared by the original legislator; and his successors ought to + follow him, making the games and sacrifices duly to correspond at fitting + times, and appointing public festivals. It is not difficult to determine + how these and the like matters may have a regular order; nor, again, will + the alteration of them do any great good or harm to the state. There is, + however, another matter of great importance and difficulty, concerning + which God should legislate, if there were any possibility of obtaining + from Him an ordinance about it. But seeing that divine aid is not to be + had, there appears to be a need of some bold man who specially honours + plainness of speech, and will say outright what he thinks best for the + city and citizens—ordaining what is good and convenient for the + whole state amid the corruptions of human souls, opposing the mightiest + lusts, and having no man his helper but himself standing alone and + following reason only. + </p> + <p> + CLEINIAS: What is this, Stranger, that you are saying? For we do not as + yet understand your meaning. + </p> + <p> + ATHENIAN: Very likely; I will endeavour to explain myself more clearly. + When I came to the subject of education, I beheld young men and maidens + holding friendly intercourse with one another. And there naturally arose + in my mind a sort of apprehension—I could not help thinking how one + is to deal with a city in which youths and maidens are well nurtured, and + have nothing to do, and are not undergoing the excessive and servile toils + which extinguish wantonness, and whose only cares during their whole life + are sacrifices and festivals and dances. How, in such a state as this, + will they abstain from desires which thrust many a man and woman into + perdition; and from which reason, assuming the functions of law, commands + them to abstain? The ordinances already made may possibly get the better + of most of these desires; the prohibition of excessive wealth is a very + considerable gain in the direction of temperance, and the whole education + of our youth imposes a law of moderation on them; moreover, the eye of the + rulers is required always to watch over the young, and never to lose sight + of them; and these provisions do, as far as human means can effect + anything, exercise a regulating influence upon the desires in general. But + how can we take precautions against the unnatural loves of either sex, + from which innumerable evils have come upon individuals and cities? How + shall we devise a remedy and way of escape out of so great a danger? + Truly, Cleinias, here is a difficulty. In many ways Crete and Lacedaemon + furnish a great help to those who make peculiar laws; but in the matter of + love, as we are alone, I must confess that they are quite against us. For + if any one following nature should lay down the law which existed before + the days of Laius, and denounce these lusts as contrary to nature, + adducing the animals as a proof that such unions were monstrous, he might + prove his point, but he would be wholly at variance with the custom of + your states. Further, they are repugnant to a principle which we say that + a legislator should always observe; for we are always enquiring which of + our enactments tends to virtue and which not. And suppose we grant that + these loves are accounted by law to the honourable, or at least not + disgraceful, in what degree will they contribute to virtue? Will such + passions implant in the soul of him who is seduced the habit of courage, + or in the soul of the seducer the principle of temperance? Who will ever + believe this? or rather, who will not blame the effeminacy of him who + yields to pleasures and is unable to hold out against them? Will not all + men censure as womanly him who imitates the woman? And who would ever + think of establishing such a practice by law? certainly no one who had in + his mind the image of true law. How can we prove that what I am saying is + true? He who would rightly consider these matters must see the nature of + friendship and desire, and of these so-called loves, for they are of two + kinds, and out of the two arises a third kind, having the same name; and + this similarity of name causes all the difficulty and obscurity. + </p> + <p> + CLEINIAS: How is that? + </p> + <p> + ATHENIAN: Dear is the like in virtue to the like, and the equal to the + equal; dear also, though unlike, is he who has abundance to him who is in + want. And when either of these friendships becomes excessive, we term the + excess love. + </p> + <p> + CLEINIAS: Very true. + </p> + <p> + ATHENIAN: The friendship which arises from contraries is horrible and + coarse, and has often no tie of communion; but that which arises from + likeness is gentle, and has a tie of communion which lasts through life. + As to the mixed sort which is made up of them both, there is, first of + all, a difficulty in determining what he who is possessed by this third + love desires; moreover, he is drawn different ways, and is in doubt + between the two principles; the one exhorting him to enjoy the beauty of + youth, and the other forbidding him. For the one is a lover of the body, + and hungers after beauty, like ripe fruit, and would fain satisfy himself + without any regard to the character of the beloved; the other holds the + desire of the body to be a secondary matter, and looking rather than + loving and with his soul desiring the soul of the other in a becoming + manner, regards the satisfaction of the bodily love as wantonness; he + reverences and respects temperance and courage and magnanimity and wisdom, + and wishes to live chastely with the chaste object of his affection. Now + the sort of love which is made up of the other two is that which we have + described as the third. Seeing then that there are these three sorts of + love, ought the law to prohibit and forbid them all to exist among us? Is + it not rather clear that we should wish to have in the state the love + which is of virtue and which desires the beloved youth to be the best + possible; and the other two, if possible, we should hinder? What do you + say, friend Megillus? + </p> + <p> + MEGILLUS: I think, Stranger, that you are perfectly right in what you have + been now saying. + </p> + <p> + Athenian: I knew well, my friend, that I should obtain your assent, which + I accept, and therefore have no need to analyze your custom any further. + Cleinias shall be prevailed upon to give me his assent at some other time. + Enough of this; and now let us proceed to the laws. + </p> + <p> + MEGILLUS: Very good. + </p> + <p> + ATHENIAN: Upon reflection I see a way of imposing the law, which, in one + respect, is easy, but, in another, is of the utmost difficulty. + </p> + <p> + MEGILLUS: What do you mean? + </p> + <p> + ATHENIAN: We are all aware that most men, in spite of their lawless + natures, are very strictly and precisely restrained from intercourse with + the fair, and this is not at all against their will, but entirely with + their will. + </p> + <p> + MEGILLUS: When do you mean? + </p> + <p> + ATHENIAN: When any one has a brother or sister who is fair; and about a + son or daughter the same unwritten law holds, and is a most perfect + safeguard, so that no open or secret connexion ever takes place between + them. Nor does the thought of such a thing ever enter at all into the + minds of most of them. + </p> + <p> + MEGILLUS: Very true. + </p> + <p> + ATHENIAN: Does not a little word extinguish all pleasures of that sort? + </p> + <p> + MEGILLUS: What word? + </p> + <p> + ATHENIAN: The declaration that they are unholy, hated of God, and most + infamous; and is not the reason of this that no one has ever said the + opposite, but every one from his earliest childhood has heard men speaking + in the same manner about them always and everywhere, whether in comedy or + in the graver language of tragedy? When the poet introduces on the stage a + Thyestes or an Oedipus, or a Macareus having secret intercourse with his + sister, he represents him, when found out, ready to kill himself as the + penalty of his sin. + </p> + <p> + MEGILLUS: You are very right in saying that tradition, if no breath of + opposition ever assails it, has a marvellous power. + </p> + <p> + ATHENIAN: Am I not also right in saying that the legislator who wants to + master any of the passions which master man may easily know how to subdue + them? He will consecrate the tradition of their evil character among all, + slaves and freemen, women and children, throughout the city: that will be + the surest foundation of the law which he can make. + </p> + <p> + MEGILLUS: Yes; but will he ever succeed in making all mankind use the same + language about them? + </p> + <p> + ATHENIAN: A good objection; but was I not just now saying that I had a way + to make men use natural love and abstain from unnatural, not intentionally + destroying the seeds of human increase, or sowing them in stony places, in + which they will take no root; and that I would command them to abstain too + from any female field of increase in which that which is sown is not + likely to grow? Now if a law to this effect could only be made perpetual, + and gain an authority such as already prevents intercourse of parents and + children—such a law, extending to other sensual desires, and + conquering them, would be the source of ten thousand blessings. For, in + the first place, moderation is the appointment of nature, and deters men + from all frenzy and madness of love, and from all adulteries and + immoderate use of meats and drinks, and makes them good friends to their + own wives. And innumerable other benefits would result if such a law could + only be enforced. I can imagine some lusty youth who is standing by, and + who, on hearing this enactment, declares in scurrilous terms that we are + making foolish and impossible laws, and fills the world with his outcry. + And therefore I said that I knew a way of enacting and perpetuating such a + law, which was very easy in one respect, but in another most difficult. + There is no difficulty in seeing that such a law is possible, and in what + way; for, as I was saying, the ordinance once consecrated would master the + soul of every man, and terrify him into obedience. But matters have now + come to such a pass that even then the desired result seems as if it could + not be attained, just as the continuance of an entire state in the + practice of common meals is also deemed impossible. And although this + latter is partly disproven by the fact of their existence among you, still + even in your cities the common meals of women would be regarded as + unnatural and impossible. I was thinking of the rebelliousness of the + human heart when I said that the permanent establishment of these things + is very difficult. + </p> + <p> + MEGILLUS: Very true. + </p> + <p> + ATHENIAN: Shall I try and find some sort of persuasive argument which will + prove to you that such enactments are possible, and not beyond human + nature? + </p> + <p> + CLEINIAS: By all means. + </p> + <p> + ATHENIAN: Is a man more likely to abstain from the pleasures of love and + to do what he is bidden about them, when his body is in a good condition, + or when he is in an ill condition, and out of training? + </p> + <p> + CLEINIAS: He will be far more temperate when he is in training. + </p> + <p> + ATHENIAN: And have we not heard of Iccus of Tarentum, who, with a view to + the Olympic and other contests, in his zeal for his art, and also because + he was of a manly and temperate disposition, never had any connexion with + a woman or a youth during the whole time of his training? And the same is + said of Crison and Astylus and Diopompus and many others; and yet, + Cleinias, they were far worse educated in their minds than your and my + citizens, and in their bodies far more lusty. + </p> + <p> + CLEINIAS: No doubt this fact has been often affirmed positively by the + ancients of these athletes. + </p> + <p> + ATHENIAN: And had they the courage to abstain from what is ordinarily + deemed a pleasure for the sake of a victory in wrestling, running, and the + like; and shall our young men be incapable of a similar endurance for the + sake of a much nobler victory, which is the noblest of all, as from their + youth upwards we will tell them, charming them, as we hope, into the + belief of this by tales and sayings and songs? + </p> + <p> + CLEINIAS: Of what victory are you speaking? + </p> + <p> + ATHENIAN: Of the victory over pleasure, which if they win, they will live + happily; or if they are conquered, the reverse of happily. And, further, + may we not suppose that the fear of impiety will enable them to master + that which other inferior people have mastered? + </p> + <p> + CLEINIAS: I dare say. + </p> + <p> + ATHENIAN: And since we have reached this point in our legislation, and + have fallen into a difficulty by reason of the vices of mankind, I affirm + that our ordinance should simply run in the following terms: Our citizens + ought not to fall below the nature of birds and beasts in general, who are + born in great multitudes, and yet remain until the age for procreation + virgin and unmarried, but when they have reached the proper time of life + are coupled, male and female, and lovingly pair together, and live the + rest of their lives in holiness and innocence, abiding firmly in their + original compact: surely, we will say to them, you should be better than + the animals. But if they are corrupted by the other Hellenes and the + common practice of barbarians, and they see with their eyes and hear with + their ears of the so-called free love everywhere prevailing among them, + and they themselves are not able to get the better of the temptation, the + guardians of the law, exercising the functions of lawgivers, shall devise + a second law against them. + </p> + <p> + CLEINIAS: And what law would you advise them to pass if this one failed? + </p> + <p> + ATHENIAN: Clearly, Cleinias, the one which would naturally follow. + </p> + <p> + CLEINIAS: What is that? + </p> + <p> + ATHENIAN: Our citizens should not allow pleasures to strengthen with + indulgence, but should by toil divert the aliment and exuberance of them + into other parts of the body; and this will happen if no immodesty be + allowed in the practice of love. Then they will be ashamed of frequent + intercourse, and they will find pleasure, if seldom enjoyed, to be a less + imperious mistress. They should not be found out doing anything of the + sort. Concealment shall be honourable, and sanctioned by custom and made + law by unwritten prescription; on the other hand, to be detected shall be + esteemed dishonourable, but not, to abstain wholly. In this way there will + be a second legal standard of honourable and dishonourable, involving a + second notion of right. Three principles will comprehend all those corrupt + natures whom we call inferior to themselves, and who form but one class, + and will compel them not to transgress. + </p> + <p> + CLEINIAS: What are they? + </p> + <p> + ATHENIAN: The principle of piety, the love of honour, and the desire of + beauty, not in the body but in the soul. These are, perhaps, romantic + aspirations; but they are the noblest of aspirations, if they could only + be realised in all states, and, God willing, in the matter of love we may + be able to enforce one of two things—either that no one shall + venture to touch any person of the freeborn or noble class except his + wedded wife, or sow the unconsecrated and bastard seed among harlots, or + in barren and unnatural lusts; or at least we may abolish altogether the + connection of men with men; and as to women, if any man has to do with any + but those who come into his house duly married by sacred rites, whether + they be bought or acquired in any other way, and he offends publicly in + the face of all mankind, we shall be right in enacting that he be deprived + of civic honours and privileges, and be deemed to be, as he truly is, a + stranger. Let this law, then, whether it is one, or ought rather to be + called two, be laid down respecting love in general, and the intercourse + of the sexes which arises out of the desires, whether rightly or wrongly + indulged. + </p> + <p> + MEGILLUS: I, for my part, Stranger, would gladly receive this law. + Cleinias shall speak for himself, and tell you what is his opinion. + </p> + <p> + CLEINIAS: I will, Megillus, when an opportunity offers; at present, I + think that we had better allow the Stranger to proceed with his laws. + </p> + <p> + MEGILLUS: Very good. + </p> + <p> + ATHENIAN: We had got about as far as the establishment of the common + tables, which in most places would be difficult, but in Crete no one would + think of introducing any other custom. There might arise a question about + the manner of them—whether they shall be such as they are here in + Crete, or such as they are in Lacedaemon—or is there a third kind + which may be better than either of them? The answer to this question might + be easily discovered, but the discovery would do no great good, for at + present they are very well ordered. + </p> + <p> + Leaving the common tables, we may therefore proceed to the means of + providing food. Now, in cities the means of life are gained in many ways + and from divers sources, and in general from two sources, whereas our city + has only one. For most of the Hellenes obtain their food from sea and + land, but our citizens from land only. And this makes the task of the + legislator less difficult—half as many laws will be enough, and much + less than half; and they will be of a kind better suited to free men. For + he has nothing to do with laws about shipowners and merchants and + retailers and inn-keepers and tax collectors and mines and moneylending + and compound interest and innumerable other things—bidding good-bye + to these, he gives laws to husbandmen and shepherds and bee-keepers, and + to the guardians and superintendents of their implements; and he has + already legislated for greater matters, as for example, respecting + marriage and the procreation and nurture of children, and for education, + and the establishment of offices—and now he must direct his laws to + those who provide food and labour in preparing it. + </p> + <p> + Let us first of all, then, have a class of laws which shall be called the + laws of husbandmen. And let the first of them be the law of Zeus, the God + of boundaries. Let no one shift the boundary line either of a + fellow-citizen who is a neighbour, or, if he dwells at the extremity of + the land, of any stranger who is conterminous with him, considering that + this is truly 'to move the immovable,' and every one should be more + willing to move the largest rock which is not a landmark, than the least + stone which is the sworn mark of friendship and hatred between neighbours; + for Zeus, the god of kindred, is the witness of the citizen, and Zeus, the + god of strangers, of the stranger, and when aroused, terrible are the wars + which they stir up. He who obeys the law will never know the fatal + consequences of disobedience, but he who despises the law shall be liable + to a double penalty, the first coming from the Gods, and the second from + the law. For let no one wilfully remove the boundaries of his neighbour's + land, and if any one does, let him who will inform the landowners, and let + them bring him into court, and if he be convicted of re-dividing the land + by stealth or by force, let the court determine what he ought to suffer or + pay. In the next place, many small injuries done by neighbours to one + another, through their multiplication, may cause a weight of enmity, and + make neighbourhood a very disagreeable and bitter thing. Wherefore a man + ought to be very careful of committing any offence against his neighbour, + and especially of encroaching on his neighbour's land; for any man may + easily do harm, but not every man can do good to another. He who + encroaches on his neighbour's land, and transgresses his boundaries, shall + make good the damage, and, to cure him of his impudence and also of his + meanness, he shall pay a double penalty to the injured party. Of these and + the like matters the wardens of the country shall take cognizance, and be + the judges of them and assessors of the damage; in the more important + cases, as has been already said, the whole number of them belonging to any + one of the twelve divisions shall decide, and in the lesser cases the + commanders: or, again, if any one pastures his cattle on his neighbour's + land, they shall see the injury, and adjudge the penalty. And if any one, + by decoying the bees, gets possession of another's swarms, and draws them + to himself by making noises, he shall pay the damage; or if any one sets + fire to his own wood and takes no care of his neighbour's property, he + shall be fined at the discretion of the magistrates. And if in planting he + does not leave a fair distance between his own and his neighbour's land, + he shall be punished, in accordance with the enactments of many lawgivers, + which we may use, not deeming it necessary that the great legislator of + our state should determine all the trifles which might be decided by any + body; for example, husbandmen have had of old excellent laws about waters, + and there is no reason why we should propose to divert their course: He + who likes may draw water from the fountain-head of the common stream on to + his own land, if he do not cut off the spring which clearly belongs to + some other owner; and he may take the water in any direction which he + pleases, except through a house or temple or sepulchre, but he must be + careful to do no harm beyond the channel. And if there be in any place a + natural dryness of the earth, which keeps in the rain from heaven, and + causes a deficiency in the supply of water, let him dig down on his own + land as far as the clay, and if at this depth he finds no water, let him + obtain water from his neighbours, as much as is required for his servants' + drinking, and if his neighbours, too, are limited in their supply, let him + have a fixed measure, which shall be determined by the wardens of the + country. This he shall receive each day, and on these terms have a share + of his neighbours' water. If there be heavy rain, and one of those on the + lower ground injures some tiller of the upper ground, or some one who has + a common wall, by refusing to give them an outlet for water; or, again, if + some one living on the higher ground recklessly lets off the water on his + lower neighbour, and they cannot come to terms with one another, let him + who will call in a warden of the city, if he be in the city, or if he be + in the country, a warden of the country, and let him obtain a decision + determining what each of them is to do. And he who will not abide by the + decision shall suffer for his malignant and morose temper, and pay a fine + to the injured party, equivalent to double the value of the injury, + because he was unwilling to submit to the magistrates. + </p> + <p> + Now the participation of fruits shall be ordered on this wise. The goddess + of Autumn has two gracious gifts: one the joy of Dionysus which is not + treasured up; the other, which nature intends to be stored. Let this be + the law, then, concerning the fruits of autumn: He who tastes the common + or storing fruits of autumn, whether grapes or figs, before the season of + vintage which coincides with Arcturus, either on his own land or on that + of others—let him pay fifty drachmae, which shall be sacred to + Dionysus, if he pluck them from his own land; and if from his neighbour's + land, a mina, and if from any others', two-thirds of a mina. And he who + would gather the 'choice' grapes or the 'choice' figs, as they are now + termed, if he take them off his own land, let him pluck them how and when + he likes; but if he take them from the ground of others without their + leave, let him in that case be always punished in accordance with the law + which ordains that he should not move what he has not laid down. And if a + slave touches any fruit of this sort, without the consent of the owner of + the land, he shall be beaten with as many blows as there are grapes on the + bunch, or figs on the fig-tree. Let a metic purchase the 'choice' autumnal + fruit, and then, if he pleases, he may gather it; but if a stranger is + passing along the road, and desires to eat, let him take of the 'choice' + grape for himself and a single follower without payment, as a tribute of + hospitality. The law however forbids strangers from sharing in the sort + which is not used for eating; and if any one, whether he be master or + slave, takes of them in ignorance, let the slave be beaten, and the + freeman dismissed with admonitions, and instructed to take of the other + autumnal fruits which are unfit for making raisins and wine, or for laying + by as dried figs. As to pears, and apples, and pomegranates, and similar + fruits, there shall be no disgrace in taking them secretly; but he who is + caught, if he be of less than thirty years of age, shall be struck and + beaten off, but not wounded; and no freeman shall have any right of + satisfaction for such blows. Of these fruits the stranger may partake, + just as he may of the fruits of autumn. And if an elder, who is more than + thirty years of age, eat of them on the spot, let him, like the stranger, + be allowed to partake of all such fruits, but he must carry away nothing. + If, however, he will not obey the law, let him run the risk of failing in + the competition of virtue, in case any one takes notice of his actions + before the judges at the time. + </p> + <p> + Water is the greatest element of nutrition in gardens, but is easily + polluted. You cannot poison the soil, or the sun, or the air, which are + the other elements of nutrition in plants, or divert them, or steal them; + but all these things may very likely happen in regard to water, which must + therefore be protected by law. And let this be the law: If any one + intentionally pollutes the water of another, whether the water of a + spring, or collected in reservoirs, either by poisonous substances, or by + digging, or by theft, let the injured party bring the cause before the + wardens of the city, and claim in writing the value of the loss; if the + accused be found guilty of injuring the water by deleterious substances, + let him not only pay damages, but purify the stream or the cistern which + contains the water, in such manner as the laws of the interpreters order + the purification to be made by the offender in each case. + </p> + <p> + With respect to the gathering in of the fruits of the soil, let a man, if + he pleases, carry his own fruits through any place in which he either does + no harm to any one, or himself gains three times as much as his neighbour + loses. Now of these things the magistrates should be cognizant, as of all + other things in which a man intentionally does injury to another or to the + property of another, by fraud or force, in the use which he makes of his + own property. All these matters a man should lay before the magistrates, + and receive damages, supposing the injury to be not more than three minae; + or if he have a charge against another which involves a larger amount, let + him bring his suit into the public courts and have the evil-doer punished. + But if any of the magistrates appear to adjudge the penalties which he + imposes in an unjust spirit, let him be liable to pay double to the + injured party. Any one may bring the offences of magistrates, in any + particular case, before the public courts. There are innumerable little + matters relating to the modes of punishment, and applications for suits, + and summonses and the witnesses to summonses—for example, whether + two witnesses should be required for a summons, or how many—and all + such details, which cannot be omitted in legislation, but are beneath the + wisdom of an aged legislator. These lesser matters, as they indeed are in + comparison with the greater ones, let a younger generation regulate by + law, after the patterns which have preceded, and according to their own + experience of the usefulness and necessity of such laws; and when they are + duly regulated let there be no alteration, but let the citizens live in + the observance of them. + </p> + <p> + Now of artisans, let the regulations be as follows: In the first place, + let no citizen or servant of a citizen be occupied in handicraft arts; for + he who is to secure and preserve the public order of the state, has an art + which requires much study and many kinds of knowledge, and does not admit + of being made a secondary occupation; and hardly any human being is + capable of pursuing two professions or two arts rightly, or of practising + one art himself, and superintending some one else who is practising + another. Let this, then, be our first principle in the state: No one who + is a smith shall also be a carpenter, and if he be a carpenter, he shall + not superintend the smith's art rather than his own, under the pretext + that in superintending many servants who are working for him, he is likely + to superintend them better, because more revenue will accrue to him from + them than from his own art; but let every man in the state have one art, + and get his living by that. Let the wardens of the city labour to maintain + this law, and if any citizen incline to any other art rather than the + study of virtue, let them punish him with disgrace and infamy, until they + bring him back into his own right course; and if any stranger profess two + arts, let them chastise him with bonds and money penalties, and expulsion + from the state, until they compel him to be one only and not many. + </p> + <p> + But as touching payments for hire, and contracts of work, or in case any + one does wrong to any of the citizens, or they do wrong to any other, up + to fifty drachmae, let the wardens of the city decide the case; but if a + greater amount be involved, then let the public courts decide according to + law. Let no one pay any duty either on the importation or exportation of + goods; and as to frankincense and similar perfumes, used in the service of + the Gods, which come from abroad, and purple and other dyes which are not + produced in the country, or the materials of any art which have to be + imported, and which are not necessary—no one should import them; + nor, again, should any one export anything which is wanted in the country. + Of all these things let there be inspectors and superintendents, taken + from the guardians of the law; and they shall be the twelve next in order + to the five seniors. Concerning arms, and all implements which are + required for military purposes, if there be need of introducing any art, + or plant, or metal, or chains of any kind, or animals for use in war, let + the commanders of the horse and the generals have authority over their + importation and exportation; the city shall send them out and also receive + them, and the guardians of the law shall make fit and proper laws about + them. But let there be no retail trade for the sake of moneymaking, either + in these or any other articles, in the city or country at all. + </p> + <p> + With respect to food and the distribution of the produce of the country, + the right and proper way seems to be nearly that which is the custom of + Crete; for all should be required to distribute the fruits of the soil + into twelve parts, and in this way consume them. Let the twelfth portion + of each as for instance of wheat and barley, to which the rest of the + fruits of the earth shall be added, as well as the animals which are for + sale in each of the twelve divisions, be divided in due proportion into + three parts; one part for freemen, another for their servants, and a third + for craftsmen and in general for strangers, whether sojourners who may be + dwelling in the city, and like other men must live, or those who come on + some business which they have with the state, or with some individual. Let + only this third part of all necessaries be required to be sold; out of the + other two-thirds no one shall be compelled to sell. And how will they be + best distributed? In the first place, we see clearly that the distribution + will be of equals in one point of view, and in another point of view of + unequals. + </p> + <p> + CLEINIAS: What do you mean? + </p> + <p> + ATHENIAN: I mean that the earth of necessity produces and nourishes the + various articles of food, sometimes better and sometimes worse. + </p> + <p> + CLEINIAS: Of course. + </p> + <p> + ATHENIAN: Such being the case, let no one of the three portions be greater + than either of the other two—neither that which is assigned to + masters or to slaves, nor again that of the stranger; but let the + distribution to all be equal and alike, and let every citizen take his two + portions and distribute them among slaves and freemen, he having power to + determine the quantity and quality. And what remains he shall distribute + by measure and number among the animals who have to be sustained from the + earth, taking the whole number of them. + </p> + <p> + In the second place, our citizens should have separate houses duly + ordered; and this will be the order proper for men like them. There shall + be twelve hamlets, one in the middle of each twelfth portion, and in each + hamlet they shall first set apart a market-place, and the temples of the + Gods, and of their attendant demi-gods; and if there be any local deities + of the Magnetes, or holy seats of other ancient deities, whose memory has + been preserved, to these let them pay their ancient honours. But Hestia, + and Zeus, and Athene will have temples everywhere together with the God + who presides in each of the twelve districts. And the first erection of + houses shall be around these temples, where the ground is highest, in + order to provide the safest and most defensible place of retreat for the + guards. All the rest of the country they shall settle in the following + manner: They shall make thirteen divisions of the craftsmen; one of them + they shall establish in the city, and this, again, they shall subdivide + into twelve lesser divisions, among the twelve districts of the city, and + the remainder shall be distributed in the country round about; and in each + village they shall settle various classes of craftsmen, with a view to the + convenience of the husbandmen. And the chief officers of the wardens of + the country shall superintend all these matters, and see how many of them, + and which class of them, each place requires; and fix them where they are + likely to be least troublesome, and most useful to the husbandman. And the + wardens of the city shall see to similar matters in the city. + </p> + <p> + Now the wardens of the agora ought to see to the details of the agora. + Their first care, after the temples which are in the agora have been seen + to, should be to prevent any one from doing any wrong in dealings between + man and man; in the second place, as being inspectors of temperance and + violence, they should chastise him who requires chastisement. Touching + articles of sale, they should first see whether the articles which the + citizens are under regulations to sell to strangers are sold to them, as + the law ordains. And let the law be as follows: On the first day of the + month, the persons in charge, whoever they are, whether strangers or + slaves, who have the charge on behalf of the citizens, shall produce to + the strangers the portion which falls to them, in the first place, a + twelfth portion of the corn—the stranger shall purchase corn for the + whole month, and other cereals, on the first market day; and on the tenth + day of the month the one party shall sell, and the other buy, liquids + sufficient to last during the whole month; and on the twenty-third day + there shall be a sale of animals by those who are willing to sell to the + people who want to buy, and of implements and other things which + husbandmen sell, (such as skins and all kinds of clothing, either woven or + made of felt and other goods of the same sort) and which strangers are + compelled to buy and purchase of others. As to the retail trade in these + things, whether of barley or wheat set apart for meal and flour, or any + other kind of food, no one shall sell them to citizens or their slaves, + nor shall any one buy of a citizen; but let the stranger sell them in the + market of strangers, to artisans and their slaves, making an exchange of + wine and food, which is commonly called retail trade. And butchers shall + offer for sale parts of dismembered animals to the strangers, and + artisans, and their servants. Let any stranger who likes buy fuel from day + to day wholesale, from those who have the care of it in the country, and + let him sell to the strangers as much as he pleases and when he pleases. + As to other goods and implements which are likely to be wanted, they shall + sell them in the common market, at any place which the guardians of the + law and the wardens of the market and city, choosing according to their + judgment, shall determine; at such places they shall exchange money for + goods, and goods for money, neither party giving credit to the other; and + he who gives credit must be satisfied, whether he obtain his money or not, + for in such exchanges he will not be protected by law. But whenever + property has been bought or sold, greater in quantity or value than is + allowed by the law, which has determined within what limits a man may + increase and diminish his possessions, let the excess be registered in the + books of the guardians of the law; or in case of diminution, let there be + an erasure made. And let the same rule be observed about the registration + of the property of the metics. Any one who likes may come and be a metic + on certain conditions; a foreigner, if he likes, and is able to settle, + may dwell in the land, but he must practise an art, and not abide more + than twenty years from the time at which he has registered himself; and he + shall pay no sojourner's tax, however small, except good conduct, nor any + other tax for buying and selling. But when the twenty years have expired, + he shall take his property with him and depart. And if in the course of + these years he should chance to distinguish himself by any considerable + benefit which he confers on the state, and he thinks that he can persuade + the council and assembly, either to grant him delay in leaving the + country, or to allow him to remain for the whole of his life, let him go + and persuade the city, and whatever they assent to at his instance shall + take effect. For the children of the metics, being artisans, and of + fifteen years of age, let the time of their sojourn commence after their + fifteenth year; and let them remain for twenty years, and then go where + they like; but any of them who wishes to remain, may do so, if he can + persuade the council and assembly. And if he depart, let him erase all the + entries which have been made by him in the register kept by the + magistrates. + </p> + <p> + <a name="link2H_4_0012" id="link2H_4_0012"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + BOOK IX. + </h2> + <p> + Next to all the matters which have preceded in the natural order of + legislation will come suits of law. Of suits those which relate to + agriculture have been already described, but the more important have not + been described. Having mentioned them severally under their usual names, + we will proceed to say what punishments are to be inflicted for each + offence, and who are to be the judges of them. + </p> + <p> + CLEINIAS: Very good. + </p> + <p> + ATHENIAN: There is a sense of disgrace in legislating, as we are about to + do, for all the details of crime in a state which, as we say, is to be + well regulated and will be perfectly adapted to the practice of virtue. To + assume that in such a state there will arise some one who will be guilty + of crimes as heinous as any which are ever perpetrated in other states, + and that we must legislate for him by anticipation, and threaten and make + laws against him if he should arise, in order to deter him, and punish his + acts, under the idea that he will arise—this, as I was saying, is in + a manner disgraceful. Yet seeing that we are not like the ancient + legislators, who gave laws to heroes and sons of gods, being, according to + the popular belief, themselves the offspring of the gods, and legislating + for others, who were also the children of divine parents, but that we are + only men who are legislating for the sons of men, there is no + uncharitableness in apprehending that some one of our citizens may be like + a seed which has touched the ox's horn, having a heart so hard that it + cannot be softened any more than those seeds can be softened by fire. + Among our citizens there may be those who cannot be subdued by all the + strength of the laws; and for their sake, though an ungracious task, I + will proclaim my first law about the robbing of temples, in case any one + should dare to commit such a crime. I do not expect or imagine that any + well-brought-up citizen will ever take the infection, but their servants, + and strangers, and strangers' servants may be guilty of many impieties. + And with a view to them especially, and yet not without a provident eye to + the weakness of human nature generally, I will proclaim the law about + robbers of temples and similar incurable, or almost incurable, criminals. + Having already agreed that such enactments ought always to have a short + prelude, we may speak to the criminal, whom some tormenting desire by + night and by day tempts to go and rob a temple, the fewest possible words + of admonition and exhortation: O sir, we will say to him, the impulse + which moves you to rob temples is not an ordinary human malady, nor yet a + visitation of heaven, but a madness which is begotten in a man from + ancient and unexpiated crimes of his race, an ever-recurring curse—against + this you must guard with all your might, and how you are to guard we will + explain to you. When any such thought comes into your mind, go and perform + expiations, go as a suppliant to the temples of the Gods who avert evils, + go to the society of those who are called good men among you; hear them + tell and yourself try to repeat after them, that every man should honour + the noble and the just. Fly from the company of the wicked—fly and + turn not back; and if your disorder is lightened by these remedies, well + and good, but if not, then acknowledge death to be nobler than life, and + depart hence. + </p> + <p> + Such are the preludes which we sing to all who have thoughts of unholy and + treasonable actions, and to him who hearkens to them the law has nothing + to say. But to him who is disobedient when the prelude is over, cry with a + loud voice—He who is taken in the act of robbing temples, if he be a + slave or stranger, shall have his evil deed engraven on his face and + hands, and shall be beaten with as many stripes as may seem good to the + judges, and be cast naked beyond the borders of the land. And if he + suffers this punishment he will probably return to his right mind and be + improved; for no penalty which the law inflicts is designed for evil, but + always makes him who suffers either better or not so much worse as he + would have been. But if any citizen be found guilty of any great or + unmentionable wrong, either in relation to the Gods, or his parents, or + the state, let the judge deem him to be incurable, remembering that after + receiving such an excellent education and training from youth upward, he + has not abstained from the greatest of crimes. His punishment shall be + death, which to him will be the least of evils; and his example will + benefit others, if he perish ingloriously, and be cast beyond the borders + of the land. But let his children and family, if they avoid the ways of + their father, have glory, and let honourable mention be made of them, as + having nobly and manfully escaped out of evil into good. None of them + should have their goods confiscated to the state, for the lots of the + citizens ought always to continue the same and equal. + </p> + <p> + Touching the exaction of penalties, when a man appears to have done + anything which deserves a fine, he shall pay the fine, if he have anything + in excess of the lot which is assigned to him; but more than that he shall + not pay. And to secure exactness, let the guardians of the law refer to + the registers, and inform the judges of the precise truth, in order that + none of the lots may go uncultivated for want of money. But if any one + seems to deserve a greater penalty, let him undergo a long and public + imprisonment and be dishonoured, unless some of his friends are willing to + be surety for him, and liberate him by assisting him to pay the fine. No + criminal shall go unpunished, not even for a single offence, nor if he + have fled the country; but let the penalty be according to his deserts—death, + or bonds, or blows, or degrading places of sitting or standing, or removal + to some temple on the borders of the land; or let him pay fines, as we + said before. In cases of death, let the judges be the guardians of the + law, and a court selected by merit from the last year's magistrates. But + how the causes are to be brought into court, how the summonses are to be + served, and the like, these things may be left to the younger generation + of legislators to determine; the manner of voting we must determine + ourselves. + </p> + <p> + Let the vote be given openly; but before they come to the vote let the + judges sit in order of seniority over against plaintiff and defendant, and + let all the citizens who can spare time hear and take a serious interest + in listening to such causes. First of all the plaintiff shall make one + speech, and then the defendant shall make another; and after the speeches + have been made the eldest judge shall begin to examine the parties, and + proceed to make an adequate enquiry into what has been said; and after the + oldest has spoken, the rest shall proceed in order to examine either party + as to what he finds defective in the evidence, whether of statement or + omission; and he who has nothing to ask shall hand over the examination to + another. And on so much of what has been said as is to the purpose all the + judges shall set their seals, and place the writings on the altar of + Hestia. On the next day they shall meet again, and in like manner put + their questions and go through the cause, and again set their seals upon + the evidence; and when they have three times done this, and have had + witnesses and evidence enough, they shall each of them give a holy vote, + after promising by Hestia that they will decide justly and truly to the + utmost of their power; and so they shall put an end to the suit. + </p> + <p> + Next, after what relates to the Gods, follows what relates to the + dissolution of the state: Whoever by permitting a man to power enslaves + the laws, and subjects the city to factions, using violence and stirring + up sedition contrary to law, him we will deem the greatest enemy of the + whole state. But he who takes no part in such proceedings, and, being one + of the chief magistrates of the state, has no knowledge of treason, or, + having knowledge of it, by reason of cowardice does not interfere on + behalf of his country, such an one we must consider nearly as bad. Every + man who is worth anything will inform the magistrates, and bring the + conspirator to trial for making a violent and illegal attempt to change + the government. The judges of such cases shall be the same as of the + robbers of temples; and let the whole proceeding be carried on in the same + way, and the vote of the majority condemn to death. But let there be a + general rule, that the disgrace and punishment of the father is not to be + visited on the children, except in the case of some one whose father, + grandfather, and great-grandfather have successively undergone the penalty + of death. Such persons the city shall send away with all their possessions + to the city and country of their ancestors, retaining only and wholly + their appointed lot. And out of the citizens who have more than one son of + not less than ten years of age, they shall select ten whom their father or + grandfather by the mother's or father's side shall appoint, and let them + send to Delphi the names of those who are selected, and him whom the God + chooses they shall establish as heir of the house which has failed; and + may he have better fortune than his predecessors! + </p> + <p> + CLEINIAS: Very good. + </p> + <p> + ATHENIAN: Once more let there be a third general law respecting the judges + who are to give judgment, and the manner of conducting suits against those + who are tried on an accusation of treason; and as concerning the remaining + or departure of their descendants—there shall be one law for all + three, for the traitor, and the robber of temples, and the subverter by + violence of the laws of the state. For a thief, whether he steal much or + little, let there be one law, and one punishment for all alike: in the + first place, let him pay double the amount of the theft if he be + convicted, and if he have so much over and above the allotment—if he + have not, he shall be bound until he pay the penalty, or persuade him who + has obtained the sentence against him to forgive him. But if a person be + convicted of a theft against the state, then if he can persuade the city, + or if he will pay back twice the amount of the theft, he shall be set free + from his bonds. + </p> + <p> + CLEINIAS: What makes you say, Stranger, that a theft is all one, whether + the thief may have taken much or little, and either from sacred or secular + places—and these are not the only differences in thefts—seeing, + then, that they are of many kinds, ought not the legislator to adapt + himself to them, and impose upon them entirely different penalties? + </p> + <p> + ATHENIAN: Excellent. I was running on too fast, Cleinias, and you impinged + upon me, and brought me to my senses, reminding me of what, indeed, had + occurred to my mind already, that legislation was never yet rightly worked + out, as I may say in passing. Do you remember the image in which I likened + the men for whom laws are now made to slaves who are doctored by slaves? + For of this you may be very sure, that if one of those empirical + physicians, who practise medicine without science, were to come upon the + gentleman physician talking to his gentleman patient, and using the + language almost of philosophy, beginning at the beginning of the disease + and discoursing about the whole nature of the body, he would burst into a + hearty laugh—he would say what most of those who are called doctors + always have at their tongue's end: Foolish fellow, he would say, you are + not healing the sick man, but you are educating him; and he does not want + to be made a doctor, but to get well. + </p> + <p> + CLEINIAS: And would he not be right? + </p> + <p> + ATHENIAN: Perhaps he would; and he might remark upon us, that he who + discourses about laws, as we are now doing, is giving the citizens + education and not laws; that would be rather a telling observation. + </p> + <p> + CLEINIAS: Very true. + </p> + <p> + ATHENIAN: But we are fortunate. + </p> + <p> + CLEINIAS: In what way? + </p> + <p> + ATHENIAN: Inasmuch as we are not compelled to give laws, but we may take + into consideration every form of government, and ascertain what is best + and what is most needful, and how they may both be carried into execution; + and we may also, if we please, at this very moment choose what is best, + or, if we prefer, what is most necessary—which shall we do? + </p> + <p> + CLEINIAS: There is something ridiculous, Stranger, in our proposing such + an alternative, as if we were legislators, simply bound under some great + necessity which cannot be deferred to the morrow. But we, as I may by the + grace of Heaven affirm, like gatherers of stones or beginners of some + composite work, may gather a heap of materials, and out of this, at our + leisure, select what is suitable for our projected construction. Let us + then suppose ourselves to be at leisure, not of necessity building, but + rather like men who are partly providing materials, and partly putting + them together. And we may truly say that some of our laws, like stones, + are already fixed in their places, and others lie at hand. + </p> + <p> + ATHENIAN: Certainly, in that case, Cleinias, our view of law will be more + in accordance with nature. For there is another matter affecting + legislators, which I must earnestly entreat you to consider. + </p> + <p> + CLEINIAS: What is it? + </p> + <p> + ATHENIAN: There are many writings to be found in cities, and among them + there are discourses composed by legislators as well as by other persons. + </p> + <p> + CLEINIAS: To be sure. + </p> + <p> + ATHENIAN: Shall we give heed rather to the writings of those others—poets + and the like, who either in metre or out of metre have recorded their + advice about the conduct of life, and not to the writings of legislators? + or shall we give heed to them above all? + </p> + <p> + CLEINIAS: Yes; to them far above all others. + </p> + <p> + ATHENIAN: And ought the legislator alone among writers to withhold his + opinion about the beautiful, the good, and the just, and not to teach what + they are, and how they are to be pursued by those who intend to be happy? + </p> + <p> + CLEINIAS: Certainly not. + </p> + <p> + ATHENIAN: And is it disgraceful for Homer and Tyrtaeus and other poets to + lay down evil precepts in their writings respecting life and the pursuits + of men, but not so disgraceful for Lycurgus and Solon and others who were + legislators as well as writers? Is it not true that of all the writings to + be found in cities, those which relate to laws, when you unfold and read + them, ought to be by far the noblest and the best? and should not other + writings either agree with them, or if they disagree, be deemed + ridiculous? We should consider whether the laws of states ought not to + have the character of loving and wise parents, rather than of tyrants and + masters, who command and threaten, and, after writing their decrees on + walls, go their ways; and whether, in discoursing of laws, we should not + take the gentler view of them which may or may not be attainable—at + any rate, we will show our readiness to entertain such a view, and be + prepared to undergo whatever may be the result. And may the result be + good, and if God be gracious, it will be good! + </p> + <p> + CLEINIAS: Excellent; let us do as you say. + </p> + <p> + ATHENIAN: Then we will now consider accurately, as we proposed, what + relates to robbers of temples, and all kinds of thefts, and offences in + general; and we must not be annoyed if, in the course of legislation, we + have enacted some things, and have not made up our minds about some + others; for as yet we are not legislators, but we may soon be. Let us, if + you please, consider these matters. + </p> + <p> + CLEINIAS: By all means. + </p> + <p> + ATHENIAN: Concerning all things honourable and just, let us then endeavour + to ascertain how far we are consistent with ourselves, and how far we are + inconsistent, and how far the many, from whom at any rate we should + profess a desire to differ, agree and disagree among themselves. + </p> + <p> + CLEINIAS: What are the inconsistencies which you observe in us? + </p> + <p> + ATHENIAN: I will endeavour to explain. If I am not mistaken, we are all + agreed that justice, and just men and things and actions, are all fair, + and, if a person were to maintain that just men, even when they are + deformed in body, are still perfectly beautiful in respect of the + excellent justice of their minds, no one would say that there was any + inconsistency in this. + </p> + <p> + CLEINIAS: They would be quite right. + </p> + <p> + ATHENIAN: Perhaps; but let us consider further, that if all things which + are just are fair and honourable, in the term 'all' we must include just + sufferings which are the correlatives of just actions. + </p> + <p> + CLEINIAS: And what is the inference? + </p> + <p> + ATHENIAN: The inference is, that a just action in partaking of the just + partakes also in the same degree of the fair and honourable. + </p> + <p> + CLEINIAS: Certainly. + </p> + <p> + ATHENIAN: And must not a suffering which partakes of the just principle be + admitted to be in the same degree fair and honourable, if the argument is + consistently carried out? + </p> + <p> + CLEINIAS: True. + </p> + <p> + ATHENIAN: But then if we admit suffering to be just and yet dishonourable, + and the term 'dishonourable' is applied to justice, will not the just and + the honourable disagree? + </p> + <p> + CLEINIAS: What do you mean? + </p> + <p> + ATHENIAN: A thing not difficult to understand; the laws which have been + already enacted would seem to announce principles directly opposed to what + we are saying. + </p> + <p> + CLEINIAS: To what? + </p> + <p> + ATHENIAN: We had enacted, if I am not mistaken, that the robber of + temples, and he who was the enemy of law and order, might justly be put to + death, and we were proceeding to make divers other enactments of a similar + nature. But we stopped short, because we saw that these sufferings are + infinite in number and degree, and that they are, at once, the most just + and also the most dishonourable of all sufferings. And if this be true, + are not the just and the honourable at one time all the same, and at + another time in the most diametrical opposition? + </p> + <p> + CLEINIAS: Such appears to be the case. + </p> + <p> + ATHENIAN: In this discordant and inconsistent fashion does the language of + the many rend asunder the honourable and just. + </p> + <p> + CLEINIAS: Very true, Stranger. + </p> + <p> + ATHENIAN: Then now, Cleinias, let us see how far we ourselves are + consistent about these matters. + </p> + <p> + CLEINIAS: Consistent in what? + </p> + <p> + ATHENIAN: I think that I have clearly stated in the former part of the + discussion, but if I did not, let me now state— + </p> + <p> + CLEINIAS: What? + </p> + <p> + ATHENIAN: That all bad men are always involuntarily bad; and from this I + must proceed to draw a further inference. + </p> + <p> + CLEINIAS: What is it? + </p> + <p> + ATHENIAN: That the unjust man may be bad, but that he is bad against his + will. Now that an action which is voluntary should be done involuntarily + is a contradiction; wherefore he who maintains that injustice is + involuntary will deem that the unjust does injustice involuntarily. I too + admit that all men do injustice involuntarily, and if any contentious or + disputatious person says that men are unjust against their will, and yet + that many do injustice willingly, I do not agree with him. But, then, how + can I avoid being inconsistent with myself, if you, Cleinias, and you, + Megillus, say to me—Well, Stranger, if all this be as you say, how + about legislating for the city of the Magnetes—shall we legislate or + not—what do you advise? Certainly we will, I should reply. Then will + you determine for them what are voluntary and what are involuntary crimes, + and shall we make the punishments greater of voluntary errors and crimes + and less for the involuntary? or shall we make the punishment of all to be + alike, under the idea that there is no such thing as voluntary crime? + </p> + <p> + CLEINIAS: Very good, Stranger; and what shall we say in answer to these + objections? + </p> + <p> + ATHENIAN: That is a very fair question. In the first place, let us— + </p> + <p> + CLEINIAS: Do what? + </p> + <p> + ATHENIAN: Let us remember what has been well said by us already, that our + ideas of justice are in the highest degree confused and contradictory. + Bearing this in mind, let us proceed to ask ourselves once more whether we + have discovered a way out of the difficulty. Have we ever determined in + what respect these two classes of actions differ from one another? For in + all states and by all legislators whatsoever, two kinds of actions have + been distinguished—the one, voluntary, the other, involuntary; and + they have legislated about them accordingly. But shall this new word of + ours, like an oracle of God, be only spoken, and get away without giving + any explanation or verification of itself? How can a word not understood + be the basis of legislation? Impossible. Before proceeding to legislate, + then, we must prove that they are two, and what is the difference between + them, that when we impose the penalty upon either, every one may + understand our proposal, and be able in some way to judge whether the + penalty is fitly or unfitly inflicted. + </p> + <p> + CLEINIAS: I agree with you, Stranger; for one of two things is certain: + either we must not say that all unjust acts are involuntary, or we must + show the meaning and truth of this statement. + </p> + <p> + ATHENIAN: Of these two alternatives, the one is quite intolerable—not + to speak what I believe to be the truth would be to me unlawful and + unholy. But if acts of injustice cannot be divided into voluntary and + involuntary, I must endeavour to find some other distinction between them. + </p> + <p> + CLEINIAS: Very true, Stranger; there cannot be two opinions among us upon + that point. + </p> + <p> + ATHENIAN: Reflect, then; there are hurts of various kinds done by the + citizens to one another in the intercourse of life, affording plentiful + examples both of the voluntary and involuntary. + </p> + <p> + CLEINIAS: Certainly. + </p> + <p> + ATHENIAN: I would not have any one suppose that all these hurts are + injuries, and that these injuries are of two kinds—one, voluntary, + and the other, involuntary; for the involuntary hurts of all men are quite + as many and as great as the voluntary. And please to consider whether I am + right or quite wrong in what I am going to say; for I deny, Cleinias and + Megillus, that he who harms another involuntarily does him an injury + involuntarily, nor should I legislate about such an act under the idea + that I am legislating for an involuntary injury. But I should rather say + that such a hurt, whether great or small, is not an injury at all; and, on + the other hand, if I am right, when a benefit is wrongly conferred, the + author of the benefit may often be said to injure. For I maintain, O my + friends, that the mere giving or taking away of anything is not to be + described either as just or unjust; but the legislator has to consider + whether mankind do good or harm to one another out of a just principle and + intention. On the distinction between injustice and hurt he must fix his + eye; and when there is hurt, he must, as far as he can, make the hurt good + by law, and save that which is ruined, and raise up that which is fallen, + and make that which is dead or wounded whole. And when compensation has + been given for injustice, the law must always seek to win over the doers + and sufferers of the several hurts from feelings of enmity to those of + friendship. + </p> + <p> + CLEINIAS: Very good. + </p> + <p> + ATHENIAN: Then as to unjust hurts (and gains also, supposing the injustice + to bring gain), of these we may heal as many as are capable of being + healed, regarding them as diseases of the soul; and the cure of injustice + will take the following direction. + </p> + <p> + CLEINIAS: What direction? + </p> + <p> + ATHENIAN: When any one commits any injustice, small or great, the law will + admonish and compel him either never at all to do the like again, or never + voluntarily, or at any rate in a far less degree; and he must in addition + pay for the hurt. Whether the end is to be attained by word or action, + with pleasure or pain, by giving or taking away privileges, by means of + fines or gifts, or in whatsoever way the law shall proceed to make a man + hate injustice, and love or not hate the nature of the just—this is + quite the noblest work of law. But if the legislator sees any one who is + incurable, for him he will appoint a law and a penalty. He knows quite + well that to such men themselves there is no profit in the continuance of + their lives, and that they would do a double good to the rest of mankind + if they would take their departure, inasmuch as they would be an example + to other men not to offend, and they would relieve the city of bad + citizens. In such cases, and in such cases only, the legislator ought to + inflict death as the punishment of offences. + </p> + <p> + CLEINIAS: What you have said appears to me to be very reasonable, but will + you favour me by stating a little more clearly the difference between hurt + and injustice, and the various complications of the voluntary and + involuntary which enter into them? + </p> + <p> + ATHENIAN: I will endeavour to do as you wish: Concerning the soul, thus + much would be generally said and allowed, that one element in her nature + is passion, which may be described either as a state or a part of her, and + is hard to be striven against and contended with, and by irrational force + overturns many things. + </p> + <p> + CLEINIAS: Very true. + </p> + <p> + ATHENIAN: And pleasure is not the same with passion, but has an opposite + power, working her will by persuasion and by the force of deceit in all + things. + </p> + <p> + CLEINIAS: Quite true. + </p> + <p> + ATHENIAN: A man may truly say that ignorance is a third cause of crimes. + Ignorance, however, may be conveniently divided by the legislator into two + sorts: there is simple ignorance, which is the source of lighter offences, + and double ignorance, which is accompanied by a conceit of wisdom; and he + who is under the influence of the latter fancies that he knows all about + matters of which he knows nothing. This second kind of ignorance, when + possessed of power and strength, will be held by the legislator to be the + source of great and monstrous crimes, but when attended with weakness, + will only result in the errors of children and old men; and these he will + treat as errors, and will make laws accordingly for those who commit them, + which will be the mildest and most merciful of all laws. + </p> + <p> + CLEINIAS: You are perfectly right. + </p> + <p> + ATHENIAN: We all of us remark of one man that he is superior to pleasure + and passion, and of another that he is inferior to them; and this is true. + </p> + <p> + CLEINIAS: Certainly. + </p> + <p> + ATHENIAN: But no one was ever yet heard to say that one of us is superior + and another inferior to ignorance. + </p> + <p> + CLEINIAS: Very true. + </p> + <p> + ATHENIAN: We are speaking of motives which incite men to the fulfilment of + their will; although an individual may be often drawn by them in opposite + directions at the same time. + </p> + <p> + CLEINIAS: Yes, often. + </p> + <p> + ATHENIAN: And now I can define to you clearly, and without ambiguity, what + I mean by the just and unjust, according to my notion of them: When anger + and fear, and pleasure and pain, and jealousies and desires, tyrannize + over the soul, whether they do any harm or not—I call all this + injustice. But when the opinion of the best, in whatever part of human + nature states or individuals may suppose that to dwell, has dominion in + the soul and orders the life of every man, even if it be sometimes + mistaken, yet what is done in accordance therewith, and the principle in + individuals which obeys this rule, and is best for the whole life of man, + is to be called just; although the hurt done by mistake is thought by many + to be involuntary injustice. Leaving the question of names, about which we + are not going to quarrel, and having already delineated three sources of + error, we may begin by recalling them somewhat more vividly to our memory: + One of them was of the painful sort, which we denominate anger and fear. + </p> + <p> + CLEINIAS: Quite right. + </p> + <p> + ATHENIAN: There was a second consisting of pleasures and desires, and a + third of hopes, which aimed at true opinion about the best. The latter + being subdivided into three, we now get five sources of actions, and for + these five we will make laws of two kinds. + </p> + <p> + CLEINIAS: What are the two kinds? + </p> + <p> + ATHENIAN: There is one kind of actions done by violence and in the light + of day, and another kind of actions which are done in darkness and with + secret deceit, or sometimes both with violence and deceit; the laws + concerning these last ought to have a character of severity. + </p> + <p> + CLEINIAS: Naturally. + </p> + <p> + ATHENIAN: And now let us return from this digression and complete the work + of legislation. Laws have been already enacted by us concerning the + robbers of the Gods, and concerning traitors, and also concerning those + who corrupt the laws for the purpose of subverting the government. A man + may very likely commit some of these crimes, either in a state of madness + or when affected by disease, or under the influence of extreme old age, or + in a fit of childish wantonness, himself no better than a child. And if + this be made evident to the judges elected to try the cause, on the appeal + of the criminal or his advocate, and he be judged to have been in this + state when he committed the offence, he shall simply pay for the hurt + which he may have done to another; but he shall be exempt from other + penalties, unless he have slain some one, and have on his hands the stain + of blood. And in that case he shall go to another land and country, and + there dwell for a year; and if he return before the expiration of the time + which the law appoints, or even set his foot at all on his native land, he + shall be bound by the guardians of the law in the public prison for two + years, and then go free. + </p> + <p> + Having begun to speak of homicide, let us endeavour to lay down laws + concerning every different kind of homicide; and, first of all, concerning + violent and involuntary homicides. If any one in an athletic contest, and + at the public games, involuntarily kills a friend, and he dies either at + the time or afterwards of the blows which he has received; or if the like + misfortune happens to any one in war, or military exercises, or mimic + contests of which the magistrates enjoin the practice, whether with or + without arms, when he has been purified according to the law brought from + Delphi relating to these matters, he shall be innocent. And so in the case + of physicians: if their patient dies against their will, they shall be + held guiltless by the law. And if one slay another with his own hand, but + unintentionally, whether he be unarmed or have some instrument or dart in + his hand; or if he kill him by administering food or drink, or by the + application of fire or cold, or by suffocating him, whether he do the deed + by his own hand, or by the agency of others, he shall be deemed the agent, + and shall suffer one of the following penalties: If he kill the slave of + another in the belief that he is his own, he shall bear the master of the + dead man harmless from loss, or shall pay a penalty of twice the value of + the dead man, which the judges shall assess; but purifications must be + used greater and more numerous than for those who committed homicide at + the games—what they are to be, the interpreters whom the God + appoints shall be authorised to declare. And if a man kills his own slave, + when he has been purified according to law, he shall be quit of the + homicide. And if a man kills a freeman unintentionally, he shall undergo + the same purification as he did who killed the slave. But let him not + forget also a tale of olden time, which is to this effect: He who has + suffered a violent end, when newly dead, if he has had the soul of a + freeman in life, is angry with the author of his death; and being himself + full of fear and panic by reason of his violent end, when he sees his + murderer walking about in his own accustomed haunts, he is stricken with + terror and becomes disordered, and this disorder of his, aided by the + guilty recollection of the other, is communicated by him with overwhelming + force to the murderer and his deeds. Wherefore also the murderer must go + out of the way of his victim for the entire period of a year, and not + himself be found in any spot which was familiar to him throughout the + country. And if the dead man be a stranger, the homicide shall be kept + from the country of the stranger during a like period. If any one + voluntarily obeys this law, the next of kin to the deceased, seeing all + that has happened, shall take pity on him, and make peace with him, and + show him all gentleness. But if any one is disobedient, and either + ventures to go to any of the temples and sacrifice unpurified, or will not + continue in exile during the appointed time, the next of kin to the + deceased shall proceed against him for murder; and if he be convicted, + every part of his punishment shall be doubled. And if the next of kin do + not proceed against the perpetrator of the crime, then the pollution shall + be deemed to fall upon his own head—the murdered man will fix the + guilt upon his kinsman, and he who has a mind to proceed against him may + compel him to be absent from his country during five years, according to + law. If a stranger unintentionally kill a stranger who is dwelling in the + city, he who likes shall prosecute the cause according to the same rules. + If he be a metic, let him be absent for a year, or if he be an entire + stranger, in addition to the purification, whether he have slain a + stranger, or a metic, or a citizen, he shall be banished for life from the + country which is in possession of our laws. And if he return contrary to + law, let the guardians of the law punish him with death; and let them hand + over his property, if he have any, to him who is next of kin to the + sufferer. And if he be wrecked, and driven on the coast against his will, + he shall take up his abode on the seashore, wetting his feet in the sea, + and watching for an opportunity of sailing; but if he be brought by land, + and is not his own master, let the magistrate whom he first comes across + in the city, release him and send him unharmed over the border. + </p> + <p> + If any one slays a freeman with his own hand, and the deed be done in + passion, in the case of such actions we must begin by making a + distinction. For a deed is done from passion either when men suddenly, and + without intention to kill, cause the death of another by blows and the + like on a momentary impulse, and are sorry for the deed immediately + afterwards; or again, when after having been insulted in deed or word, men + pursue revenge, and kill a person intentionally, and are not sorry for the + act. And, therefore, we must assume that these homicides are of two kinds, + both of them arising from passion, which may be justly said to be in a + mean between the voluntary and involuntary; at the same time, they are + neither of them anything more than a likeness or shadow of either. He who + treasures up his anger, and avenges himself, not immediately and at the + moment, but with insidious design, and after an interval, is like the + voluntary; but he who does not treasure up his anger, and takes vengeance + on the instant, and without malice prepense, approaches to the + involuntary; and yet even he is not altogether involuntary, but is only + the image or shadow of the involuntary; wherefore about homicides + committed in hot blood, there is a difficulty in determining whether in + legislating we shall reckon them as voluntary or as partly involuntary. + The best and truest view is to regard them respectively as likenesses only + of the voluntary and involuntary, and to distinguish them accordingly as + they are done with or without premeditation. And we should make the + penalties heavier for those who commit homicide with angry premeditation, + and lighter for those who do not premeditate, but smite upon the instant; + for that which is like a greater evil should be punished more severely, + and that which is like a less evil should be punished less severely: this + shall be the rule of our laws. + </p> + <p> + CLEINIAS: Certainly. + </p> + <p> + ATHENIAN: Let us proceed: If any one slays a freeman with his own hand, + and the deed be done in a moment of anger, and without premeditation, let + the offender suffer in other respects as the involuntary homicide would + have suffered, and also undergo an exile of two years, that he may learn + to school his passions. But he who slays another from passion, yet with + premeditation, shall in other respects suffer as the former; and to this + shall be added an exile of three instead of two years—his punishment + is to be longer because his passion is greater. The manner of their return + shall be on this wise: (and here the law has difficulty in determining + exactly; for in some cases the murderer who is judged by the law to be the + worse may really be the less cruel, and he who is judged the less cruel + may be really the worse, and may have executed the murder in a more savage + manner, whereas the other may have been gentler. But in general the + degrees of guilt will be such as we have described them. Of all these + things the guardians of the law must take cognizance): When a homicide of + either kind has completed his term of exile, the guardians shall send + twelve judges to the borders of the land; these during the interval shall + have informed themselves of the actions of the criminals, and they shall + judge respecting their pardon and reception; and the homicides shall abide + by their judgment. But if after they have returned home, any one of them + in a moment of anger repeats the deed, let him be an exile, and return no + more; or if he returns, let him suffer as the stranger was to suffer in a + similar case. He who kills his own slave shall undergo a purification, but + if he kills the slave of another in anger, he shall pay twice the amount + of the loss to his owner. And if any homicide is disobedient to the law, + and without purification pollutes the agora, or the games, or the temples, + he who pleases may bring to trial the next of kin to the dead man for + permitting him, and the murderer with him, and may compel the one to exact + and the other to suffer a double amount of fines and purifications; and + the accuser shall himself receive the fine in accordance with the law. If + a slave in a fit of passion kills his master, the kindred of the deceased + man may do with the murderer (provided only they do not spare his life) + whatever they please, and they will be pure; or if he kills a freeman, who + is not his master, the owner shall give up the slave to the relatives of + the deceased, and they shall be under an obligation to put him to death, + but this may be done in any manner which they please. And if (which is a + rare occurrence, but does sometimes happen) a father or a mother in a + moment of passion slays a son or daughter by blows, or some other + violence, the slayer shall undergo the same purification as in other + cases, and be exiled during three years; but when the exile returns the + wife shall separate from the husband, and the husband from the wife, and + they shall never afterwards beget children together, or live under the + same roof, or partake of the same sacred rites with those whom they have + deprived of a child or of a brother. And he who is impious and disobedient + in such a case shall be brought to trial for impiety by any one who + pleases. If in a fit of anger a husband kills his wedded wife, or the wife + her husband, the slayer shall undergo the same purification, and the term + of exile shall be three years. And when he who has committed any such + crime returns, let him have no communication in sacred rites with his + children, neither let him sit at the same table with them, and the father + or son who disobeys shall be liable to be brought to trial for impiety by + any one who pleases. If a brother or a sister in a fit of passion kills a + brother or a sister, they shall undergo purification and exile, as was the + case with parents who killed their offspring: they shall not come under + the same roof, or share in the sacred rites of those whom they have + deprived of their brethren, or of their children. And he who is + disobedient shall be justly liable to the law concerning impiety, which + relates to these matters. If any one is so violent in his passion against + his parents, that in the madness of his anger he dares to kill one of + them, if the murdered person before dying freely forgives the murderer, + let him undergo the purification which is assigned to those who have been + guilty of involuntary homicide, and do as they do, and he shall be pure. + But if he be not acquitted, the perpetrator of such a deed shall be + amenable to many laws—he shall be amenable to the extreme + punishments for assault, and impiety, and robbing of temples, for he has + robbed his parent of life; and if a man could be slain more than once, + most justly would he who in a fit of passion has slain father or mother, + undergo many deaths. How can he, whom, alone of all men, even in defence + of his life, and when about to suffer death at the hands of his parents, + no law will allow to kill his father or his mother who are the authors of + his being, and whom the legislator will command to endure any extremity + rather than do this—how can he, I say, lawfully receive any other + punishment? Let death then be the appointed punishment of him who in a fit + of passion slays his father or his mother. But if brother kills brother in + a civil broil, or under other like circumstances, if the other has begun, + and he only defends himself, let him be free from guilt, as he would be if + he had slain an enemy; and the same rule will apply if a citizen kill a + citizen, or a stranger a stranger. Or if a stranger kill a citizen or a + citizen a stranger in self-defence, let him be free from guilt in like + manner; and so in the case of a slave who has killed a slave; but if a + slave have killed a freeman in self-defence, let him be subject to the + same law as he who has killed a father; and let the law about the + remission of penalties in the case of parricide apply equally to every + other remission. Whenever any sufferer of his own accord remits the guilt + of homicide to another, under the idea that his act was involuntary, let + the perpetrator of the deed undergo a purification and remain in exile for + a year, according to law. + </p> + <p> + Enough has been said of murders violent and involuntary and committed in + passion: we have now to speak of voluntary crimes done with injustice of + every kind and with premeditation, through the influence of pleasures, and + desires, and jealousies. + </p> + <p> + CLEINIAS: Very good. + </p> + <p> + ATHENIAN: Let us first speak, as far as we are able, of their various + kinds. The greatest cause of them is lust, which gets the mastery of the + soul maddened by desire; and this is most commonly found to exist where + the passion reigns which is strongest and most prevalent among the mass of + mankind: I mean where the power of wealth breeds endless desires of + never-to-be-satisfied acquisition, originating in natural disposition, and + a miserable want of education. Of this want of education, the false praise + of wealth which is bruited about both among Hellenes and barbarians is the + cause; they deem that to be the first of goods which in reality is only + the third. And in this way they wrong both posterity and themselves, for + nothing can be nobler and better than that the truth about wealth should + be spoken in all states—namely, that riches are for the sake of the + body, as the body is for the sake of the soul. They are good, and wealth + is intended by nature to be for the sake of them, and is therefore + inferior to them both, and third in order of excellence. This argument + teaches us that he who would be happy ought not to seek to be rich, or + rather he should seek to be rich justly and temperately, and then there + would be no murders in states requiring to be purged away by other + murders. But now, as I said at first, avarice is the chiefest cause and + source of the worst trials for voluntary homicide. A second cause is + ambition: this creates jealousies, which are troublesome companions, above + all to the jealous man himself, and in a less degree to the chiefs of the + state. And a third cause is cowardly and unjust fear, which has been the + occasion of many murders. When a man is doing or has done something which + he desires that no one should know him to be doing or to have done, he + will take the life of those who are likely to inform of such things, if he + have no other means of getting rid of them. Let this be said as a prelude + concerning crimes of violence in general; and I must not omit to mention a + tradition which is firmly believed by many, and has been received by them + from those who are learned in the mysteries: they say that such deeds will + be punished in the world below, and also that when the perpetrators return + to this world they will pay the natural penalty which is due to the + sufferer, and end their lives in like manner by the hand of another. If he + who is about to commit murder believes this, and is made by the mere + prelude to dread such a penalty, there is no need to proceed with the + proclamation of the law. But if he will not listen, let the following law + be declared and registered against him: Whoever shall wrongfully and of + design slay with his own hand any of his kinsmen, shall in the first place + be deprived of legal privileges; and he shall not pollute the temples, or + the agora, or the harbours, or any other place of meeting, whether he is + forbidden of men or not; for the law, which represents the whole state, + forbids him, and always is and will be in the attitude of forbidding him. + And if a cousin or nearer relative of the deceased, whether on the male or + female side, does not prosecute the homicide when he ought, and have him + proclaimed an outlaw, he shall in the first place be involved in the + pollution, and incur the hatred of the Gods, even as the curse of the law + stirs up the voices of men against him; and in the second place he shall + be liable to be prosecuted by any one who is willing to inflict + retribution on behalf of the dead. And he who would avenge a murder shall + observe all the precautionary ceremonies of lavation, and any others which + the God commands in cases of this kind. Let him have proclamation made, + and then go forth and compel the perpetrator to suffer the execution of + justice according to the law. Now the legislator may easily show that + these things must be accomplished by prayers and sacrifices to certain + Gods, who are concerned with the prevention of murders in states. But who + these Gods are, and what should be the true manner of instituting such + trials with due regard to religion, the guardians of the law, aided by the + interpreters, and the prophets, and the God, shall determine, and when + they have determined let them carry on the prosecution at law. The cause + shall have the same judges who are appointed to decide in the case of + those who plunder temples. Let him who is convicted be punished with + death, and let him not be buried in the country of the murdered man, for + this would be shameless as well as impious. But if he fly and will not + stand his trial, let him fly for ever; or, if he set foot anywhere on any + part of the murdered man's country, let any relation of the deceased, or + any other citizen who may first happen to meet with him, kill him with + impunity, or bind and deliver him to those among the judges of the case + who are magistrates, that they may put him to death. And let the + prosecutor demand surety of him whom he prosecutes; three sureties + sufficient in the opinion of the magistrates who try the cause shall be + provided by him, and they shall undertake to produce him at the trial. But + if he be unwilling or unable to provide sureties, then the magistrates + shall take him and keep him in bonds, and produce him at the day of trial. + </p> + <p> + If a man do not commit a murder with his own hand, but contrives the death + of another, and is the author of the deed in intention and design, and he + continues to dwell in the city, having his soul not pure of the guilt of + murder, let him be tried in the same way, except in what relates to the + sureties; and also, if he be found guilty, his body after execution may + have burial in his native land, but in all other respects his case shall + be as the former; and whether a stranger shall kill a citizen, or a + citizen a stranger, or a slave a slave, there shall be no difference as + touching murder by one's own hand or by contrivance, except in the matter + of sureties; and these, as has been said, shall be required of the actual + murderer only, and he who brings the accusation shall bind them over at + the time. If a slave be convicted of slaying a freeman voluntarily, either + by his own hand or by contrivance, let the public executioner take him in + the direction of the sepulchre, to a place whence he can see the tomb of + the dead man, and inflict upon him as many stripes as the person who + caught him orders, and if he survive, let him put him to death. And if any + one kills a slave who has done no wrong, because he is afraid that he may + inform of some base and evil deeds of his own, or for any similar reason, + in such a case let him pay the penalty of murder, as he would have done if + he had slain a citizen. There are things about which it is terrible and + unpleasant to legislate, but impossible not to legislate. If, for example, + there should be murders of kinsmen, either perpetrated by the hands of + kinsmen, or by their contrivance, voluntary and purely malicious, which + most often happen in ill-regulated and ill-educated states, and may + perhaps occur even in a country where a man would not expect to find them, + we must repeat once more the tale which we narrated a little while ago, in + the hope that he who hears us will be the more disposed to abstain + voluntarily on these grounds from murders which are utterly abominable. + For the myth, or saying, or whatever we ought to call it, has been plainly + set forth by priests of old; they have pronounced that the justice which + guards and avenges the blood of kindred, follows the law of retaliation, + and ordains that he who has done any murderous act should of necessity + suffer that which he has done. He who has slain a father shall himself be + slain at some time or other by his children—if a mother, he shall of + necessity take a woman's nature, and lose his life at the hands of his + offspring in after ages; for where the blood of a family has been polluted + there is no other purification, nor can the pollution be washed out until + the homicidal soul which did the deed has given life for life, and has + propitiated and laid to sleep the wrath of the whole family. These are the + retributions of Heaven, and by such punishments men should be deterred. + But if they are not deterred, and any one should be incited by some + fatality to deprive his father, or mother, or brethren, or children, of + life voluntarily and of purpose, for him the earthly lawgiver legislates + as follows: There shall be the same proclamations about outlawry, and + there shall be the same sureties which have been enacted in the former + cases. But in his case, if he be convicted, the servants of the judges and + the magistrates shall slay him at an appointed place without the city + where three ways meet, and there expose his body naked, and each of the + magistrates on behalf of the whole city shall take a stone and cast it + upon the head of the dead man, and so deliver the city from pollution; + after that, they shall bear him to the borders of the land, and cast him + forth unburied, according to law. And what shall he suffer who slays him + who of all men, as they say, is his own best friend? I mean the suicide, + who deprives himself by violence of his appointed share of life, not + because the law of the state requires him, nor yet under the compulsion of + some painful and inevitable misfortune which has come upon him, nor + because he has had to suffer from irremediable and intolerable shame, but + who from sloth or want of manliness imposes upon himself an unjust + penalty. For him, what ceremonies there are to be of purification and + burial God knows, and about these the next of kin should enquire of the + interpreters and of the laws thereto relating, and do according to their + injunctions. They who meet their death in this way shall be buried alone, + and none shall be laid by their side; they shall be buried ingloriously in + the borders of the twelve portions of the land, in such places as are + uncultivated and nameless, and no column or inscription shall mark the + place of their interment. And if a beast of burden or other animal cause + the death of any one, except in the case of anything of that kind + happening to a competitor in the public contests, the kinsmen of the + deceased shall prosecute the slayer for murder, and the wardens of the + country, such, and so many as the kinsmen appoint, shall try the cause, + and let the beast when condemned be slain by them, and let them cast it + beyond the borders. And if any lifeless thing deprive a man of life, + except in the case of a thunderbolt or other fatal dart sent from the Gods—whether + a man is killed by lifeless objects falling upon him, or by his falling + upon them, the nearest of kin shall appoint the nearest neighbour to be a + judge, and thereby acquit himself and the whole family of guilt. And he + shall cast forth the guilty thing beyond the border, as has been said + about the animals. + </p> + <p> + If a man is found dead, and his murderer be unknown, and after a diligent + search cannot be detected, there shall be the same proclamation as in the + previous cases, and the same interdict on the murderer; and having + proceeded against him, they shall proclaim in the agora by a herald, that + he who has slain such and such a person, and has been convicted of murder, + shall not set his foot in the temples, nor at all in the country of the + murdered man, and if he appears and is discovered, he shall die, and be + cast forth unburied beyond the border. Let this one law then be laid down + by us about murder; and let cases of this sort be so regarded. + </p> + <p> + And now let us say in what cases and under what circumstances the murderer + is rightly free from guilt: If a man catch a thief coming into his house + by night to steal, and he take and kill him, or if he slay a footpad in + self-defence, he shall be guiltless. And any one who does violence to a + free woman or a youth, shall be slain with impunity by the injured person, + or by his or her father or brothers or sons. If a man find his wife + suffering violence, he may kill the violator, and be guiltless in the eye + of the law; or if a person kill another in warding off death from his + father or mother or children or brethren or wife who are doing no wrong, + he shall assuredly be guiltless. + </p> + <p> + Thus much as to the nurture and education of the living soul of man, + having which, he can, and without which, if he unfortunately be without + them, he cannot live; and also concerning the punishments which are to be + inflicted for violent deaths, let thus much be enacted. Of the nurture and + education of the body we have spoken before, and next in order we have to + speak of deeds of violence, voluntary and involuntary, which men do to one + another; these we will now distinguish, as far as we are able, according + to their nature and number, and determine what will be the suitable + penalties of each, and so assign to them their proper place in the series + of our enactments. The poorest legislator will have no difficulty in + determining that wounds and mutilations arising out of wounds should + follow next in order after deaths. Let wounds be divided as homicides were + divided—into those which are involuntary, and which are given in + passion or from fear, and those inflicted voluntarily and with + premeditation. Concerning all this, we must make some such proclamation as + the following: Mankind must have laws, and conform to them, or their life + would be as bad as that of the most savage beast. And the reason of this + is that no man's nature is able to know what is best for human society; or + knowing, always able and willing to do what is best. In the first place, + there is a difficulty in apprehending that the true art of politics is + concerned, not with private but with public good (for public good binds + together states, but private only distracts them); and that both the + public and private good as well of individuals as of states is greater + when the state and not the individual is first considered. In the second + place, although a person knows in the abstract that this is true, yet if + he be possessed of absolute and irresponsible power, he will never remain + firm in his principles or persist in regarding the public good as primary + in the state, and the private good as secondary. Human nature will be + always drawing him into avarice and selfishness, avoiding pain and + pursuing pleasure without any reason, and will bring these to the front, + obscuring the juster and better; and so working darkness in his soul will + at last fill with evils both him and the whole city. For if a man were + born so divinely gifted that he could naturally apprehend the truth, he + would have no need of laws to rule over him; for there is no law or order + which is above knowledge, nor can mind, without impiety, be deemed the + subject or slave of any man, but rather the lord of all. I speak of mind, + true and free, and in harmony with nature. But then there is no such mind + anywhere, or at least not much; and therefore we must choose law and + order, which are second best. These look at things as they exist for the + most part only, and are unable to survey the whole of them. And therefore + I have spoken as I have. + </p> + <p> + And now we will determine what penalty he ought to pay or suffer who has + hurt or wounded another. Any one may easily imagine the questions which + have to be asked in all such cases: What did he wound, or whom, or how, or + when? for there are innumerable particulars of this sort which greatly + vary from one another. And to allow courts of law to determine all these + things, or not to determine any of them, is alike impossible. There is one + particular which they must determine in all cases—the question of + fact. And then, again, that the legislator should not permit them to + determine what punishment is to be inflicted in any of these cases, but + should himself decide about all of them, small or great, is next to + impossible. + </p> + <p> + CLEINIAS: Then what is to be the inference? + </p> + <p> + ATHENIAN: The inference is, that some things should be left to courts of + law; others the legislator must decide for himself. + </p> + <p> + CLEINIAS: And what ought the legislator to decide, and what ought he to + leave to the courts of law? + </p> + <p> + ATHENIAN: I may reply, that in a state in which the courts are bad and + mute, because the judges conceal their opinions and decide causes + clandestinely; or what is worse, when they are disorderly and noisy, as in + a theatre, clapping or hooting in turn this or that orator—I say + that then there is a very serious evil, which affects the whole state. + Unfortunate is the necessity of having to legislate for such courts, but + where the necessity exists, the legislator should only allow them to + ordain the penalties for the smallest offences; if the state for which he + is legislating be of this character, he must take most matters into his + own hands and speak distinctly. But when a state has good courts, and the + judges are well trained and scrupulously tested, the determination of the + penalties or punishments which shall be inflicted on the guilty may fairly + and with advantage be left to them. And we are not to be blamed for not + legislating concerning all that large class of matters which judges far + worse educated than ours would be able to determine, assigning to each + offence what is due both to the perpetrator and to the sufferer. We + believe those for whom we are legislating to be best able to judge, and + therefore to them the greater part may be left. At the same time, as I + have often said, we should exhibit to the judges, as we have done, the + outline and form of the punishments to be inflicted, and then they will + not transgress the just rule. That was an excellent practice, which we + observed before, and which now that we are resuming the work of + legislation, may with advantage be repeated by us. + </p> + <p> + Let the enactment about wounding be in the following terms: If any one has + a purpose and intention to slay another who is not his enemy, and whom the + law does not permit him to slay, and he wounds him, but is unable to kill + him, he who had the intent and has wounded him is not to be pitied—he + deserves no consideration, but should be regarded as a murderer and be + tried for murder. Still having respect to the fortune which has in a + manner favoured him, and to the providence which in pity to him and to the + wounded man saved the one from a fatal blow, and the other from an + accursed fate and calamity—as a thank-offering to this deity, and in + order not to oppose his will—in such a case the law will remit the + punishment of death, and only compel the offender to emigrate to a + neighbouring city for the rest of his life, where he shall remain in the + enjoyment of all his possessions. But if he have injured the wounded man, + he shall make such compensation for the injury as the court deciding the + cause shall assess, and the same judges shall decide who would have + decided if the man had died of his wounds. And if a child intentionally + wound his parents, or a servant his master, death shall be the penalty. + And if a brother or a sister intentionally wound a brother or a sister, + and is found guilty, death shall be the penalty. And if a husband wound a + wife, or a wife a husband, with intent to kill, let him or her undergo + perpetual exile; if they have sons or daughters who are still young, the + guardians shall take care of their property, and have charge of the + children as orphans. If their sons are grown up, they shall be under no + obligation to support the exiled parent, but they shall possess the + property themselves. And if he who meets with such a misfortune has no + children, the kindred of the exiled man to the degree of sons of cousins, + both on the male and female side, shall meet together, and after taking + counsel with the guardians of the law and the priests, shall appoint a + 5040th citizen to be the heir of the house, considering and reasoning that + no house of all the 5040 belongs to the inhabitant or to the whole family, + but is the public and private property of the state. Now the state should + seek to have its houses as holy and happy as possible. And if any one of + the houses be unfortunate, and stained with impiety, and the owner leave + no posterity, but dies unmarried, or married and childless, having + suffered death as the penalty of murder or some other crime committed + against the Gods or against his fellow-citizens, of which death is the + penalty distinctly laid down in the law; or if any of the citizens be in + perpetual exile, and also childless, that house shall first of all be + purified and undergo expiation according to law; and then let the kinsmen + of the house, as we were just now saying, and the guardians of the law, + meet and consider what family there is in the state which is of the + highest repute for virtue and also for good fortune, in which there are a + number of sons; from that family let them take one and introduce him to + the father and forefathers of the dead man as their son, and, for the sake + of the omen, let him be called so, that he may be the continuer of their + family, the keeper of their hearth, and the minister of their sacred rites + with better fortune than his father had; and when they have made this + supplication, they shall make him heir according to law, and the offending + person they shall leave nameless and childless and portionless when + calamities such as these overtake him. + </p> + <p> + Now the boundaries of some things do not touch one another, but there is a + borderland which comes in between, preventing them from touching. And we + were saying that actions done from passion are of this nature, and come in + between the voluntary and involuntary. If a person be convicted of having + inflicted wounds in a passion, in the first place he shall pay twice the + amount of the injury, if the wound be curable, or, if incurable, four + times the amount of the injury; or if the wound be curable, and at the + same time cause great and notable disgrace to the wounded person, he shall + pay fourfold. And whenever any one in wounding another injures not only + the sufferer, but also the city, and makes him incapable of defending his + country against the enemy, he, besides the other penalties, shall pay a + penalty for the loss which the state has incurred. And the penalty shall + be, that in addition to his own times of service, he shall serve on behalf + of the disabled person, and shall take his place in war; or, if he refuse, + he shall be liable to be convicted by law of refusal to serve. The + compensation for the injury, whether to be twofold or threefold or + fourfold, shall be fixed by the judges who convict him. And if, in like + manner, a brother wounds a brother, the parents and kindred of either sex, + including the children of cousins, whether on the male or female side, + shall meet, and when they have judged the cause, they shall entrust the + assessment of damages to the parents, as is natural; and if the estimate + be disputed, then the kinsmen on the male side shall make the estimate, or + if they cannot, they shall commit the matter to the guardians of the law. + And when similar charges of wounding are brought by children against their + parents, those who are more than sixty years of age, having children of + their own, not adopted, shall be required to decide; and if any one is + convicted, they shall determine whether he or she ought to die, or suffer + some other punishment either greater than death, or, at any rate, not much + less. A kinsman of the offender shall not be allowed to judge the cause, + not even if he be of the age which is prescribed by the law. If a slave in + a fit of anger wound a freeman, the owner of the slave shall give him up + to the wounded man, who may do as he pleases with him, and if he do not + give him up he shall himself make good the injury. And if any one says + that the slave and the wounded man are conspiring together, let him argue + the point, and if he is cast, he shall pay for the wrong three times over, + but if he gains his case, the freeman who conspired with the slave shall + be liable to an action for kidnapping. And if any one unintentionally + wounds another he shall simply pay for the harm, for no legislator is able + to control chance. In such a case the judges shall be the same as those + who are appointed in the case of children suing their parents; and they + shall estimate the amount of the injury. + </p> + <p> + All the preceding injuries and every kind of assault are deeds of + violence; and every man, woman, or child ought to consider that the elder + has the precedence of the younger in honour, both among the Gods and also + among men who would live in security and happiness. Wherefore it is a foul + thing and hateful to the Gods to see an elder man assaulted by a younger + in the city, and it is reasonable that a young man when struck by an elder + should lightly endure his anger, laying up in store for himself a like + honour when he is old. Let this be the law: Every one shall reverence his + elder in word and deed; he shall respect any one who is twenty years older + than himself, whether male or female, regarding him or her as his father + or mother; and he shall abstain from laying hands on any one who is of an + age to have been his father or mother, out of reverence to the Gods who + preside over birth; similarly he shall keep his hands from a stranger, + whether he be an old inhabitant or newly arrived; he shall not venture to + correct such an one by blows, either as the aggressor or in self-defence. + If he thinks that some stranger has struck him out of wantonness or + insolence, and ought to be punished, he shall take him to the wardens of + the city, but let him not strike him, that the stranger may be kept far + away from the possibility of lifting up his hand against a citizen, and + let the wardens of the city take the offender and examine him, not + forgetting their duty to the God of Strangers, and in case the stranger + appears to have struck the citizen unjustly, let them inflict upon him as + many blows with the scourge as he was himself inflicted, and quell his + presumption. But if he be innocent, they shall threaten and rebuke the man + who arrested him, and let them both go. If a person strikes another of the + same age or somewhat older than himself, who has no children, whether he + be an old man who strikes an old man or a young man who strikes a young + man, let the person struck defend himself in the natural way without a + weapon and with his hands only. He who, being more than forty years of + age, dares to fight with another, whether he be the aggressor or in + self-defence, shall be regarded as rude and ill-mannered and slavish—this + will be a disgraceful punishment, and therefore suitable to him. The + obedient nature will readily yield to such exhortations, but the + disobedient, who heeds not the prelude, shall have the law ready for him: + If any man smite another who is older than himself, either by twenty or by + more years, in the first place, he who is at hand, not being younger than + the combatants, nor their equal in age, shall separate them, or be + disgraced according to law; but if he be the equal in age of the person + who is struck or younger, he shall defend the person injured as he would a + brother or father or still older relative. Further, let him who dares to + smite an elder be tried for assault, as I have said, and if he be found + guilty, let him be imprisoned for a period of not less than a year, or if + the judges approve of a longer period, their decision shall be final. But + if a stranger or metic smite one who is older by twenty years or more, the + same law shall hold about the bystanders assisting, and he who is found + guilty in such a suit, if he be a stranger but not resident, shall be + imprisoned during a period of two years; and a metic who disobeys the laws + shall be imprisoned for three years, unless the court assign him a longer + term. And let him who was present in any of these cases and did not assist + according to law be punished, if he be of the highest class, by paying a + fine of a mina; or if he be of the second class, of fifty drachmas; or if + of the third class, by a fine of thirty drachmas; or if he be of the + fourth class, by a fine of twenty drachmas; and the generals and taxiarchs + and phylarchs and hipparchs shall form the court in such cases. + </p> + <p> + Laws are partly framed for the sake of good men, in order to instruct them + how they may live on friendly terms with one another, and partly for the + sake of those who refuse to be instructed, whose spirit cannot be subdued, + or softened, or hindered from plunging into evil. These are the persons + who cause the word to be spoken which I am about to utter; for them the + legislator legislates of necessity, and in the hope that there may be no + need of his laws. He who shall dare to lay violent hands upon his father + or mother, or any still older relative, having no fear either of the wrath + of the Gods above, or of the punishments that are spoken of in the world + below, but transgresses in contempt of ancient and universal traditions as + though he were too wise to believe in them, requires some extreme measure + of prevention. Now death is not the worst that can happen to men; far + worse are the punishments which are said to pursue them in the world + below. But although they are most true tales, they work on such souls no + prevention; for if they had any effect there would be no slayers of + mothers, or impious hands lifted up against parents; and therefore the + punishments of this world which are inflicted during life ought not in + such cases to fall short, if possible, of the terrors of the world below. + Let our enactment then be as follows: If a man dare to strike his father + or his mother, or their fathers or mothers, he being at the time of sound + mind, then let any one who is at hand come to the rescue as has been + already said, and the metic or stranger who comes to the rescue shall be + called to the first place in the games; but if he do not come he shall + suffer the punishment of perpetual exile. He who is not a metic, if he + comes to the rescue, shall have praise, and if he do not come, blame. And + if a slave come to the rescue, let him be made free, but if he do not come + to the rescue, let him receive 100 strokes of the whip, by order of the + wardens of the agora, if the occurrence take place in the agora; or if + somewhere in the city beyond the limits of the agora, any warden of the + city who is in residence shall punish him; or if in the country, then the + commanders of the wardens of the country. If those who are near at the + time be inhabitants of the same place, whether they be youths, or men, or + women, let them come to the rescue and denounce him as the impious one; + and he who does not come to the rescue shall fall under the curse of Zeus, + the God of kindred and of ancestors, according to law. And if any one is + found guilty of assaulting a parent, let him in the first place be forever + banished from the city into the country, and let him abstain from the + temples; and if he do not abstain, the wardens of the country shall punish + him with blows, or in any way which they please, and if he return he shall + be put to death. And if any freeman eat or drink, or have any other sort + of intercourse with him, or only meeting him have voluntarily touched him, + he shall not enter into any temple, nor into the agora, nor into the city, + until he is purified; for he should consider that he has become tainted by + a curse. And if he disobeys the law, and pollutes the city and the temples + contrary to law, and one of the magistrates sees him and does not indict + him, when he gives in his account this omission shall be a most serious + charge. + </p> + <p> + If a slave strike a freeman, whether a stranger or a citizen, let any one + who is present come to the rescue, or pay the penalty already mentioned; + and let the bystanders bind him, and deliver him up to the injured person, + and he receiving him shall put him in chains, and inflict on him as many + stripes as he pleases; but having punished him he must surrender him to + his master according to law, and not deprive him of his property. Let the + law be as follows: The slave who strikes a freeman, not at the command of + the magistrates, his owner shall receive bound from the man whom he has + stricken, and not release him until the slave has persuaded the man whom + he has stricken that he ought to be released. And let there be the same + laws about women in relation to women, and about men and women in relation + to one another. + </p> + <p> + <a name="link2H_4_0013" id="link2H_4_0013"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + BOOK X. + </h2> + <p> + And now having spoken of assaults, let us sum up all acts of violence + under a single law, which shall be as follows: No one shall take or carry + away any of his neighbour's goods, neither shall he use anything which is + his neighbour's without the consent of the owner; for these are the + offences which are and have been, and will ever be, the source of all the + aforesaid evils. The greatest of them are excesses and insolences of + youth, and are offences against the greatest when they are done against + religion; and especially great when in violation of public and holy rites, + or of the partly-common rites in which tribes and phratries share; and in + the second degree great when they are committed against private rites and + sepulchres, and in the third degree (not to repeat the acts formerly + mentioned), when insults are offered to parents; the fourth kind of + violence is when any one, regardless of the authority of the rulers, takes + or carries away or makes use of anything which belongs to them, not having + their consent; and the fifth kind is when the violation of the civil + rights of an individual demands reparation. There should be a common law + embracing all these cases. For we have already said in general terms what + shall be the punishment of sacrilege, whether fraudulent or violent, and + now we have to determine what is to be the punishment of those who speak + or act insolently toward the Gods. But first we must give them an + admonition which may be in the following terms: No one who in obedience to + the laws believed that there were Gods, ever intentionally did any unholy + act, or uttered any unlawful word; but he who did must have supposed one + of three things—either that they did not exist—which is the + first possibility, or secondly, that, if they did, they took no care of + man, or thirdly, that they were easily appeased and turned aside from + their purpose by sacrifices and prayers. + </p> + <p> + CLEINIAS: What shall we say or do to these persons? + </p> + <p> + ATHENIAN: My good friend, let us first hear the jests which I suspect that + they in their superiority will utter against us. + </p> + <p> + CLEINIAS: What jests? + </p> + <p> + ATHENIAN: They will make some irreverent speech of this sort: 'O + inhabitants of Athens, and Sparta, and Cnosus,' they will reply, 'in that + you speak truly; for some of us deny the very existence of the Gods, while + others, as you say, are of opinion that they do not care about us; and + others that they are turned from their course by gifts. Now we have a + right to claim, as you yourself allowed, in the matter of laws, that + before you are hard upon us and threaten us, you should argue with us and + convince us—you should first attempt to teach and persuade us that + there are Gods by reasonable evidences, and also that they are too good to + be unrighteous, or to be propitiated, or turned from their course by + gifts. For when we hear such things said of them by those who are esteemed + to be the best of poets, and orators, and prophets, and priests, and by + innumerable others, the thoughts of most of us are not set upon abstaining + from unrighteous acts, but upon doing them and atoning for them. When + lawgivers profess that they are gentle and not stern, we think that they + should first of all use persuasion to us, and show us the existence of + Gods, if not in a better manner than other men, at any rate in a truer; + and who knows but that we shall hearken to you? If then our request is a + fair one, please to accept our challenge. + </p> + <p> + CLEINIAS: But is there any difficulty in proving the existence of the + Gods? + </p> + <p> + ATHENIAN: How would you prove it? + </p> + <p> + CLEINIAS: How? In the first place, the earth and the sun, and the stars + and the universe, and the fair order of the seasons, and the division of + them into years and months, furnish proofs of their existence, and also + there is the fact that all Hellenes and barbarians believe in them. + </p> + <p> + ATHENIAN: I fear, my sweet friend, though I will not say that I much + regard, the contempt with which the profane will be likely to assail us. + For you do not understand the nature of their complaint, and you fancy + that they rush into impiety only from a love of sensual pleasure. + </p> + <p> + CLEINIAS: Why, Stranger, what other reason is there? + </p> + <p> + ATHENIAN: One which you who live in a different atmosphere would never + guess. + </p> + <p> + CLEINIAS: What is it? + </p> + <p> + ATHENIAN: A very grievous sort of ignorance which is imagined to be the + greatest wisdom. + </p> + <p> + CLEINIAS: What do you mean? + </p> + <p> + ATHENIAN: At Athens there are tales preserved in writing which the virtue + of your state, as I am informed, refuses to admit. They speak of the Gods + in prose as well as verse, and the oldest of them tell of the origin of + the heavens and of the world, and not far from the beginning of their + story they proceed to narrate the birth of the Gods, and how after they + were born they behaved to one another. Whether these stories have in other + ways a good or a bad influence, I should not like to be severe upon them, + because they are ancient; but, looking at them with reference to the + duties of children to their parents, I cannot praise them, or think that + they are useful, or at all true. Of the words of the ancients I have + nothing more to say; and I should wish to say of them only what is + pleasing to the Gods. But as to our younger generation and their wisdom, I + cannot let them off when they do mischief. For do but mark the effect of + their words: when you and I argue for the existence of the Gods, and + produce the sun, moon, stars, and earth, claiming for them a divine being, + if we would listen to the aforesaid philosophers we should say that they + are earth and stones only, which can have no care at all of human affairs, + and that all religion is a cooking up of words and a make-believe. + </p> + <p> + CLEINIAS: One such teacher, O stranger, would be bad enough, and you imply + that there are many of them, which is worse. + </p> + <p> + ATHENIAN: Well, then; what shall we say or do? Shall we assume that some + one is accusing us among unholy men, who are trying to escape from the + effect of our legislation; and that they say of us—How dreadful that + you should legislate on the supposition that there are Gods! Shall we make + a defence of ourselves? or shall we leave them and return to our laws, + lest the prelude should become longer than the law? For the discourse will + certainly extend to great length, if we are to treat the impiously + disposed as they desire, partly demonstrating to them at some length the + things of which they demand an explanation, partly making them afraid or + dissatisfied, and then proceed to the requisite enactments. + </p> + <p> + CLEINIAS: Yes, Stranger; but then how often have we repeated already that + on the present occasion there is no reason why brevity should be preferred + to length; for who is 'at our heels?' as the saying goes, and it would be + paltry and ridiculous to prefer the shorter to the better. It is a matter + of no small consequence, in some way or other to prove that there are + Gods, and that they are good, and regard justice more than men do. The + demonstration of this would be the best and noblest prelude of all our + laws. And therefore, without impatience, and without hurry, let us + unreservedly consider the whole matter, summoning up all the power of + persuasion which we possess. + </p> + <p> + ATHENIAN: Seeing you thus in earnest, I would fain offer up a prayer that + I may succeed: but I must proceed at once. Who can be calm when he is + called upon to prove the existence of the Gods? Who can avoid hating and + abhorring the men who are and have been the cause of this argument; I + speak of those who will not believe the tales which they have heard as + babes and sucklings from their mothers and nurses, repeated by them both + in jest and earnest, like charms, who have also heard them in the + sacrificial prayers, and seen sights accompanying them—sights and + sounds delightful to children—and their parents during the + sacrifices showing an intense earnestness on behalf of their children and + of themselves, and with eager interest talking to the Gods, and beseeching + them, as though they were firmly convinced of their existence; who + likewise see and hear the prostrations and invocations which are made by + Hellenes and barbarians at the rising and setting of the sun and moon, in + all the vicissitudes of life, not as if they thought that there were no + Gods, but as if there could be no doubt of their existence, and no + suspicion of their non-existence; when men, knowing all these things, + despise them on no real grounds, as would be admitted by all who have any + particle of intelligence, and when they force us to say what we are now + saying, how can any one in gentle terms remonstrate with the like of them, + when he has to begin by proving to them the very existence of the Gods? + Yet the attempt must be made; for it would be unseemly that one half of + mankind should go mad in their lust of pleasure, and the other half in + their indignation at such persons. Our address to these lost and perverted + natures should not be spoken in passion; let us suppose ourselves to + select some one of them, and gently reason with him, smothering our anger: + O my son, we will say to him, you are young, and the advance of time will + make you reverse many of the opinions which you now hold. Wait awhile, and + do not attempt to judge at present of the highest things; and that is the + highest of which you now think nothing—to know the Gods rightly and + to live accordingly. And in the first place let me indicate to you one + point which is of great importance, and about which I cannot be deceived: + You and your friends are not the first who have held this opinion about + the Gods. There have always been persons more or less numerous who have + had the same disorder. I have known many of them, and can tell you, that + no one who had taken up in youth this opinion, that the Gods do not exist, + ever continued in the same until he was old; the two other notions + certainly do continue in some cases, but not in many; the notion, I mean, + that the Gods exist, but take no heed of human things, and the other + notion that they do take heed of them, but are easily propitiated with + sacrifices and prayers. As to the opinion about the Gods which may some + day become clear to you, I advise you to wait and consider if it be true + or not; ask of others, and above all of the legislator. In the meantime + take care that you do not offend against the Gods. For the duty of the + legislator is and always will be to teach you the truth of these matters. + </p> + <p> + CLEINIAS: Our address, Stranger, thus far, is excellent. + </p> + <p> + ATHENIAN: Quite true, Megillus and Cleinias, but I am afraid that we have + unconsciously lighted on a strange doctrine. + </p> + <p> + CLEINIAS: What doctrine do you mean? + </p> + <p> + ATHENIAN: The wisest of all doctrines, in the opinion of many. + </p> + <p> + CLEINIAS: I wish that you would speak plainer. + </p> + <p> + ATHENIAN: The doctrine that all things do become, have become, and will + become, some by nature, some by art, and some by chance. + </p> + <p> + CLEINIAS: Is not that true? + </p> + <p> + ATHENIAN: Well, philosophers are probably right; at any rate we may as + well follow in their track, and examine what is the meaning of them and + their disciples. + </p> + <p> + CLEINIAS: By all means. + </p> + <p> + ATHENIAN: They say that the greatest and fairest things are the work of + nature and of chance, the lesser of art, which, receiving from nature the + greater and primeval creations, moulds and fashions all those lesser works + which are generally termed artificial. + </p> + <p> + CLEINIAS: How is that? + </p> + <p> + ATHENIAN: I will explain my meaning still more clearly. They say that fire + and water, and earth and air, all exist by nature and chance, and none of + them by art, and that as to the bodies which come next in order—earth, + and sun, and moon, and stars—they have been created by means of + these absolutely inanimate existences. The elements are severally moved by + chance and some inherent force according to certain affinities among them—of + hot with cold, or of dry with moist, or of soft with hard, and according + to all the other accidental admixtures of opposites which have been formed + by necessity. After this fashion and in this manner the whole heaven has + been created, and all that is in the heaven, as well as animals and all + plants, and all the seasons come from these elements, not by the action of + mind, as they say, or of any God, or from art, but as I was saying, by + nature and chance only. Art sprang up afterwards and out of these, mortal + and of mortal birth, and produced in play certain images and very partial + imitations of the truth, having an affinity to one another, such as music + and painting create and their companion arts. And there are other arts + which have a serious purpose, and these co-operate with nature, such, for + example, as medicine, and husbandry, and gymnastic. And they say that + politics co-operate with nature, but in a less degree, and have more of + art; also that legislation is entirely a work of art, and is based on + assumptions which are not true. + </p> + <p> + CLEINIAS: How do you mean? + </p> + <p> + ATHENIAN: In the first place, my dear friend, these people would say that + the Gods exist not by nature, but by art, and by the laws of states, which + are different in different places, according to the agreement of those who + make them; and that the honourable is one thing by nature and another + thing by law, and that the principles of justice have no existence at all + in nature, but that mankind are always disputing about them and altering + them; and that the alterations which are made by art and by law have no + basis in nature, but are of authority for the moment and at the time at + which they are made. These, my friends, are the sayings of wise men, poets + and prose writers, which find a way into the minds of youth. They are told + by them that the highest right is might, and in this way the young fall + into impieties, under the idea that the Gods are not such as the law bids + them imagine; and hence arise factions, these philosophers inviting them + to lead a true life according to nature, that is, to live in real dominion + over others, and not in legal subjection to them. + </p> + <p> + CLEINIAS: What a dreadful picture, Stranger, have you given, and how great + is the injury which is thus inflicted on young men to the ruin both of + states and families! + </p> + <p> + ATHENIAN: True, Cleinias; but then what should the lawgiver do when this + evil is of long standing? should he only rise up in the state and threaten + all mankind, proclaiming that if they will not say and think that the Gods + are such as the law ordains (and this may be extended generally to the + honourable, the just, and to all the highest things, and to all that + relates to virtue and vice), and if they will not make their actions + conform to the copy which the law gives them, then he who refuses to obey + the law shall die, or suffer stripes and bonds, or privation of + citizenship, or in some cases be punished by loss of property and exile? + Should he not rather, when he is making laws for men, at the same time + infuse the spirit of persuasion into his words, and mitigate the severity + of them as far as he can? + </p> + <p> + CLEINIAS: Why, Stranger, if such persuasion be at all possible, then a + legislator who has anything in him ought never to weary of persuading men; + he ought to leave nothing unsaid in support of the ancient opinion that + there are Gods, and of all those other truths which you were just now + mentioning; he ought to support the law and also art, and acknowledge that + both alike exist by nature, and no less than nature, if they are the + creations of mind in accordance with right reason, as you appear to me to + maintain, and I am disposed to agree with you in thinking. + </p> + <p> + ATHENIAN: Yes, my enthusiastic Cleinias; but are not these things when + spoken to a multitude hard to be understood, not to mention that they take + up a dismal length of time? + </p> + <p> + CLEINIAS: Why, Stranger, shall we, whose patience failed not when drinking + or music were the themes of discourse, weary now of discoursing about the + Gods, and about divine things? And the greatest help to rational + legislation is that the laws when once written down are always at rest; + they can be put to the test at any future time, and therefore, if on first + hearing they seem difficult, there is no reason for apprehension about + them, because any man however dull can go over them and consider them + again and again; nor if they are tedious but useful, is there any reason + or religion, as it seems to me, in any man refusing to maintain the + principles of them to the utmost of his power. + </p> + <p> + MEGILLUS: Stranger, I like what Cleinias is saying. + </p> + <p> + ATHENIAN: Yes, Megillus, and we should do as he proposes; for if impious + discourses were not scattered, as I may say, throughout the world, there + would have been no need for any vindication of the existence of the Gods—but + seeing that they are spread far and wide, such arguments are needed; and + who should come to the rescue of the greatest laws, when they are being + undermined by bad men, but the legislator himself? + </p> + <p> + MEGILLUS: There is no more proper champion of them. + </p> + <p> + ATHENIAN: Well, then, tell me, Cleinias—for I must ask you to be my + partner—does not he who talks in this way conceive fire and water + and earth and air to be the first elements of all things? these he calls + nature, and out of these he supposes the soul to be formed afterwards; and + this is not a mere conjecture of ours about his meaning, but is what he + really means. + </p> + <p> + CLEINIAS: Very true. + </p> + <p> + ATHENIAN: Then, by Heaven, we have discovered the source of this vain + opinion of all those physical investigators; and I would have you examine + their arguments with the utmost care, for their impiety is a very serious + matter; they not only make a bad and mistaken use of argument, but they + lead away the minds of others: that is my opinion of them. + </p> + <p> + CLEINIAS: You are right; but I should like to know how this happens. + </p> + <p> + ATHENIAN: I fear that the argument may seem singular. + </p> + <p> + CLEINIAS: Do not hesitate, Stranger; I see that you are afraid of such a + discussion carrying you beyond the limits of legislation. But if there be + no other way of showing our agreement in the belief that there are Gods, + of whom the law is said now to approve, let us take this way, my good sir. + </p> + <p> + ATHENIAN: Then I suppose that I must repeat the singular argument of those + who manufacture the soul according to their own impious notions; they + affirm that which is the first cause of the generation and destruction of + all things, to be not first, but last, and that which is last to be first, + and hence they have fallen into error about the true nature of the Gods. + </p> + <p> + CLEINIAS: Still I do not understand you. + </p> + <p> + ATHENIAN: Nearly all of them, my friends, seem to be ignorant of the + nature and power of the soul, especially in what relates to her origin: + they do not know that she is among the first of things, and before all + bodies, and is the chief author of their changes and transpositions. And + if this is true, and if the soul is older than the body, must not the + things which are of the soul's kindred be of necessity prior to those + which appertain to the body? + </p> + <p> + CLEINIAS: Certainly. + </p> + <p> + ATHENIAN: Then thought and attention and mind and art and law will be + prior to that which is hard and soft and heavy and light; and the great + and primitive works and actions will be works of art; they will be the + first, and after them will come nature and works of nature, which however + is a wrong term for men to apply to them; these will follow, and will be + under the government of art and mind. + </p> + <p> + CLEINIAS: But why is the word 'nature' wrong? + </p> + <p> + ATHENIAN: Because those who use the term mean to say that nature is the + first creative power; but if the soul turn out to be the primeval element, + and not fire or air, then in the truest sense and beyond other things the + soul may be said to exist by nature; and this would be true if you proved + that the soul is older than the body, but not otherwise. + </p> + <p> + CLEINIAS: You are quite right. + </p> + <p> + ATHENIAN: Shall we, then, take this as the next point to which our + attention should be directed? + </p> + <p> + CLEINIAS: By all means. + </p> + <p> + ATHENIAN: Let us be on our guard lest this most deceptive argument with + its youthful looks, beguiling us old men, give us the slip and make a + laughing-stock of us. Who knows but we may be aiming at the greater, and + fail of attaining the lesser? Suppose that we three have to pass a rapid + river, and I, being the youngest of the three and experienced in rivers, + take upon me the duty of making the attempt first by myself; leaving you + in safety on the bank, I am to examine whether the river is passable by + older men like yourselves, and if such appears to be the case then I shall + invite you to follow, and my experience will help to convey you across; + but if the river is impassable by you, then there will have been no danger + to anybody but myself—would not that seem to be a very fair + proposal? I mean to say that the argument in prospect is likely to be too + much for you, out of your depth and beyond your strength, and I should be + afraid that the stream of my questions might create in you who are not in + the habit of answering, giddiness and confusion of mind, and hence a + feeling of unpleasantness and unsuitableness might arise. I think + therefore that I had better first ask the questions and then answer them + myself while you listen in safety; in that way I can carry on the argument + until I have completed the proof that the soul is prior to the body. + </p> + <p> + CLEINIAS: Excellent, Stranger, and I hope that you will do as you propose. + </p> + <p> + ATHENIAN: Come, then, and if ever we are to call upon the Gods, let us + call upon them now in all seriousness to come to the demonstration of + their own existence. And so holding fast to the rope we will venture upon + the depths of the argument. When questions of this sort are asked of me, + my safest answer would appear to be as follows: Some one says to me, 'O + Stranger, are all things at rest and nothing in motion, or is the exact + opposite of this true, or are some things in motion and others at rest?' + To this I shall reply that some things are in motion and others at rest. + 'And do not things which move move in a place, and are not the things + which are at rest at rest in a place?' Certainly. 'And some move or rest + in one place and some in more places than one?' You mean to say, we shall + rejoin, that those things which rest at the centre move in one place, just + as the circumference goes round of globes which are said to be at rest? + 'Yes.' And we observe that, in the revolution, the motion which carries + round the larger and the lesser circle at the same time is proportionally + distributed to greater and smaller, and is greater and smaller in a + certain proportion. Here is a wonder which might be thought an + impossibility, that the same motion should impart swiftness and slowness + in due proportion to larger and lesser circles. 'Very true.' And when you + speak of bodies moving in many places, you seem to me to mean those which + move from one place to another, and sometimes have one centre of motion + and sometimes more than one because they turn upon their axis; and + whenever they meet anything, if it be stationary, they are divided by it; + but if they get in the midst between bodies which are approaching and + moving towards the same spot from opposite directions, they unite with + them. 'I admit the truth of what you are saying.' Also when they unite + they grow, and when they are divided they waste away—that is, + supposing the constitution of each to remain, or if that fails, then there + is a second reason of their dissolution. 'And when are all things created + and how?' Clearly, they are created when the first principle receives + increase and attains to the second dimension, and from this arrives at the + one which is neighbour to this, and after reaching the third becomes + perceptible to sense. Everything which is thus changing and moving is in + process of generation; only when at rest has it real existence, but when + passing into another state it is destroyed utterly. Have we not mentioned + all motions that there are, and comprehended them under their kinds and + numbered them with the exception, my friends, of two? + </p> + <p> + CLEINIAS: Which are they? + </p> + <p> + ATHENIAN: Just the two, with which our present enquiry is concerned. + </p> + <p> + CLEINIAS: Speak plainer. + </p> + <p> + ATHENIAN: I suppose that our enquiry has reference to the soul? + </p> + <p> + CLEINIAS: Very true. + </p> + <p> + ATHENIAN: Let us assume that there is a motion able to move other things, + but not to move itself; that is one kind; and there is another kind which + can move itself as well as other things, working in composition and + decomposition, by increase and diminution and generation and destruction—that + is also one of the many kinds of motion. + </p> + <p> + CLEINIAS: Granted. + </p> + <p> + ATHENIAN: And we will assume that which moves other, and is changed by + other, to be the ninth, and that which changes itself and others, and is + coincident with every action and every passion, and is the true principle + of change and motion in all that is—that we shall be inclined to + call the tenth. + </p> + <p> + CLEINIAS: Certainly. + </p> + <p> + ATHENIAN: And which of these ten motions ought we to prefer as being the + mightiest and most efficient? + </p> + <p> + CLEINIAS: I must say that the motion which is able to move itself is ten + thousand times superior to all the others. + </p> + <p> + ATHENIAN: Very good; but may I make one or two corrections in what I have + been saying? + </p> + <p> + CLEINIAS: What are they? + </p> + <p> + ATHENIAN: When I spoke of the tenth sort of motion, that was not quite + correct. + </p> + <p> + CLEINIAS: What was the error? + </p> + <p> + ATHENIAN: According to the true order, the tenth was really the first in + generation and power; then follows the second, which was strangely enough + termed the ninth by us. + </p> + <p> + CLEINIAS: What do you mean? + </p> + <p> + ATHENIAN: I mean this: when one thing changes another, and that another, + of such will there be any primary changing element? How can a thing which + is moved by another ever be the beginning of change? Impossible. But when + the self-moved changes other, and that again other, and thus thousands + upon tens of thousands of bodies are set in motion, must not the beginning + of all this motion be the change of the self-moving principle? + </p> + <p> + CLEINIAS: Very true, and I quite agree. + </p> + <p> + ATHENIAN: Or, to put the question in another way, making answer to + ourselves: If, as most of these philosophers have the audacity to affirm, + all things were at rest in one mass, which of the above-mentioned + principles of motion would first spring up among them? + </p> + <p> + CLEINIAS: Clearly the self-moving; for there could be no change in them + arising out of any external cause; the change must first take place in + themselves. + </p> + <p> + ATHENIAN: Then we must say that self-motion being the origin of all + motions, and the first which arises among things at rest as well as among + things in motion, is the eldest and mightiest principle of change, and + that which is changed by another and yet moves other is second. + </p> + <p> + CLEINIAS: Quite true. + </p> + <p> + ATHENIAN: At this stage of the argument let us put a question. + </p> + <p> + CLEINIAS: What question? + </p> + <p> + ATHENIAN: If we were to see this power existing in any earthy, watery, or + fiery substance, simple or compound—how should we describe it? + </p> + <p> + CLEINIAS: You mean to ask whether we should call such a self-moving power + life? + </p> + <p> + ATHENIAN: I do. + </p> + <p> + CLEINIAS: Certainly we should. + </p> + <p> + ATHENIAN: And when we see soul in anything, must we not do the same—must + we not admit that this is life? + </p> + <p> + CLEINIAS: We must. + </p> + <p> + ATHENIAN: And now, I beseech you, reflect—you would admit that we + have a threefold knowledge of things? + </p> + <p> + CLEINIAS: What do you mean? + </p> + <p> + ATHENIAN: I mean that we know the essence, and that we know the definition + of the essence, and the name—these are the three; and there are two + questions which may be raised about anything. + </p> + <p> + CLEINIAS: How two? + </p> + <p> + ATHENIAN: Sometimes a person may give the name and ask the definition; or + he may give the definition and ask the name. I may illustrate what I mean + in this way. + </p> + <p> + CLEINIAS: How? + </p> + <p> + ATHENIAN: Number like some other things is capable of being divided into + equal parts; when thus divided, number is named 'even,' and the definition + of the name 'even' is 'number divisible into two equal parts'? + </p> + <p> + CLEINIAS: True. + </p> + <p> + ATHENIAN: I mean, that when we are asked about the definition and give the + name, or when we are asked about the name and give the definition—in + either case, whether we give name or definition, we speak of the same + thing, calling 'even' the number which is divided into two equal parts. + </p> + <p> + CLEINIAS: Quite true. + </p> + <p> + ATHENIAN: And what is the definition of that which is named 'soul'? Can we + conceive of any other than that which has been already given—the + motion which can move itself? + </p> + <p> + CLEINIAS: You mean to say that the essence which is defined as the + self-moved is the same with that which has the name soul? + </p> + <p> + ATHENIAN: Yes; and if this is true, do we still maintain that there is + anything wanting in the proof that the soul is the first origin and moving + power of all that is, or has become, or will be, and their contraries, + when she has been clearly shown to be the source of change and motion in + all things? + </p> + <p> + CLEINIAS: Certainly not; the soul as being the source of motion, has been + most satisfactorily shown to be the oldest of all things. + </p> + <p> + ATHENIAN: And is not that motion which is produced in another, by reason + of another, but never has any self-moving power at all, being in truth the + change of an inanimate body, to be reckoned second, or by any lower number + which you may prefer? + </p> + <p> + CLEINIAS: Exactly. + </p> + <p> + ATHENIAN: Then we are right, and speak the most perfect and absolute + truth, when we say that the soul is prior to the body, and that the body + is second and comes afterwards, and is born to obey the soul, which is the + ruler? + </p> + <p> + CLEINIAS: Nothing can be more true. + </p> + <p> + ATHENIAN: Do you remember our old admission, that if the soul was prior to + the body the things of the soul were also prior to those of the body? + </p> + <p> + CLEINIAS: Certainly. + </p> + <p> + ATHENIAN: Then characters and manners, and wishes and reasonings, and true + opinions, and reflections, and recollections are prior to length and + breadth and depth and strength of bodies, if the soul is prior to the + body. + </p> + <p> + CLEINIAS: To be sure. + </p> + <p> + ATHENIAN: In the next place, we must not of necessity admit that the soul + is the cause of good and evil, base and honourable, just and unjust, and + of all other opposites, if we suppose her to be the cause of all things? + </p> + <p> + CLEINIAS: We must. + </p> + <p> + ATHENIAN: And as the soul orders and inhabits all things that move, + however moving, must we not say that she orders also the heavens? + </p> + <p> + CLEINIAS: Of course. + </p> + <p> + ATHENIAN: One soul or more? More than one—I will answer for you; at + any rate, we must not suppose that there are less than two—one the + author of good, and the other of evil. + </p> + <p> + CLEINIAS: Very true. + </p> + <p> + ATHENIAN: Yes, very true; the soul then directs all things in heaven, and + earth, and sea by her movements, and these are described by the terms—will, + consideration, attention, deliberation, opinion true and false, joy and + sorrow, confidence, fear, hatred, love, and other primary motions akin to + these; which again receive the secondary motions of corporeal substances, + and guide all things to growth and decay, to composition and + decomposition, and to the qualities which accompany them, such as heat and + cold, heaviness and lightness, hardness and softness, blackness and + whiteness, bitterness and sweetness, and all those other qualities which + the soul uses, herself a goddess, when truly receiving the divine mind she + disciplines all things rightly to their happiness; but when she is the + companion of folly, she does the very contrary of all this. Shall we + assume so much, or do we still entertain doubts? + </p> + <p> + CLEINIAS: There is no room at all for doubt. + </p> + <p> + ATHENIAN: Shall we say then that it is the soul which controls heaven and + earth, and the whole world? that it is a principle of wisdom and virtue, + or a principle which has neither wisdom nor virtue? Suppose that we make + answer as follows: + </p> + <p> + CLEINIAS: How would you answer? + </p> + <p> + ATHENIAN: If, my friend, we say that the whole path and movement of + heaven, and of all that is therein, is by nature akin to the movement and + revolution and calculation of mind, and proceeds by kindred laws, then, as + is plain, we must say that the best soul takes care of the world and + guides it along the good path. + </p> + <p> + CLEINIAS: True. + </p> + <p> + ATHENIAN: But if the world moves wildly and irregularly, then the evil + soul guides it. + </p> + <p> + CLEINIAS: True again. + </p> + <p> + ATHENIAN: Of what nature is the movement of mind? To this question it is + not easy to give an intelligent answer; and therefore I ought to assist + you in framing one. + </p> + <p> + CLEINIAS: Very good. + </p> + <p> + ATHENIAN: Then let us not answer as if we would look straight at the sun, + making ourselves darkness at midday—I mean as if we were under the + impression that we could see with mortal eyes, or know adequately the + nature of mind—it will be safer to look at the image only. + </p> + <p> + CLEINIAS: What do you mean? + </p> + <p> + ATHENIAN: Let us select of the ten motions the one which mind chiefly + resembles; this I will bring to your recollection, and will then make the + answer on behalf of us all. + </p> + <p> + CLEINIAS: That will be excellent. + </p> + <p> + ATHENIAN: You will surely remember our saying that all things were either + at rest or in motion? + </p> + <p> + CLEINIAS: I do. + </p> + <p> + ATHENIAN: And that of things in motion some were moving in one place, and + others in more than one? + </p> + <p> + CLEINIAS: Yes. + </p> + <p> + ATHENIAN: Of these two kinds of motion, that which moves in one place must + move about a centre like globes made in a lathe, and is most entirely akin + and similar to the circular movement of mind. + </p> + <p> + CLEINIAS: What do you mean? + </p> + <p> + ATHENIAN: In saying that both mind and the motion which is in one place + move in the same and like manner, in and about the same, and in relation + to the same, and according to one proportion and order, and are like the + motion of a globe, we invented a fair image, which does no discredit to + our ingenuity. + </p> + <p> + CLEINIAS: It does us great credit. + </p> + <p> + ATHENIAN: And the motion of the other sort which is not after the same + manner, nor in the same, nor about the same, nor in relation to the same, + nor in one place, nor in order, nor according to any rule or proportion, + may be said to be akin to senselessness and folly? + </p> + <p> + CLEINIAS: That is most true. + </p> + <p> + ATHENIAN: Then, after what has been said, there is no difficulty in + distinctly stating, that since soul carries all things round, either the + best soul or the contrary must of necessity carry round and order and + arrange the revolution of the heaven. + </p> + <p> + CLEINIAS: And judging from what has been said, Stranger, there would be + impiety in asserting that any but the most perfect soul or souls carries + round the heavens. + </p> + <p> + ATHENIAN: You have understood my meaning right well, Cleinias, and now let + me ask you another question. + </p> + <p> + CLEINIAS: What are you going to ask? + </p> + <p> + ATHENIAN: If the soul carries round the sun and moon, and the other stars, + does she not carry round each individual of them? + </p> + <p> + CLEINIAS: Certainly. + </p> + <p> + ATHENIAN: Then of one of them let us speak, and the same argument will + apply to all. + </p> + <p> + CLEINIAS: Which will you take? + </p> + <p> + ATHENIAN: Every one sees the body of the sun, but no one sees his soul, + nor the soul of any other body living or dead; and yet there is great + reason to believe that this nature, unperceived by any of our senses, is + circumfused around them all, but is perceived by mind; and therefore by + mind and reflection only let us apprehend the following point. + </p> + <p> + CLEINIAS: What is that? + </p> + <p> + ATHENIAN: If the soul carries round the sun, we shall not be far wrong in + supposing one of three alternatives. + </p> + <p> + CLEINIAS: What are they? + </p> + <p> + ATHENIAN: Either the soul which moves the sun this way and that, resides + within the circular and visible body, like the soul which carries us about + every way; or the soul provides herself with an external body of fire or + air, as some affirm, and violently propels body by body; or thirdly, she + is without such a body, but guides the sun by some extraordinary and + wonderful power. + </p> + <p> + CLEINIAS: Yes, certainly; the soul can only order all things in one of + these three ways. + </p> + <p> + ATHENIAN: And this soul of the sun, which is therefore better than the + sun, whether taking the sun about in a chariot to give light to men, or + acting from without, or in whatever way, ought by every man to be deemed a + God. + </p> + <p> + CLEINIAS: Yes, by every man who has the least particle of sense. + </p> + <p> + ATHENIAN: And of the stars too, and of the moon, and of the years and + months and seasons, must we not say in like manner, that since a soul or + souls having every sort of excellence are the causes of all of them, those + souls are Gods, whether they are living beings and reside in bodies, and + in this way order the whole heaven, or whatever be the place and mode of + their existence—and will any one who admits all this venture to deny + that all things are full of Gods? + </p> + <p> + CLEINIAS: No one, Stranger, would be such a madman. + </p> + <p> + ATHENIAN: And now, Megillus and Cleinias, let us offer terms to him who + has hitherto denied the existence of the Gods, and leave him. + </p> + <p> + CLEINIAS: What terms? + </p> + <p> + ATHENIAN: Either he shall teach us that we were wrong in saying that the + soul is the original of all things, and arguing accordingly; or, if he be + not able to say anything better, then he must yield to us and live for the + remainder of his life in the belief that there are Gods. Let us see, then, + whether we have said enough or not enough to those who deny that there are + Gods. + </p> + <p> + CLEINIAS: Certainly, quite enough, Stranger. + </p> + <p> + ATHENIAN: Then to them we will say no more. And now we are to address him + who, believing that there are Gods, believes also that they take no heed + of human affairs: To him we say—O thou best of men, in believing + that there are Gods you are led by some affinity to them, which attracts + you towards your kindred and makes you honour and believe in them. But the + fortunes of evil and unrighteous men in private as well as public life, + which, though not really happy, are wrongly counted happy in the judgment + of men, and are celebrated both by poets and prose writers—these + draw you aside from your natural piety. Perhaps you have seen impious men + growing old and leaving their children's children in high offices, and + their prosperity shakes your faith—you have known or heard or been + yourself an eyewitness of many monstrous impieties, and have beheld men by + such criminal means from small beginnings attaining to sovereignty and the + pinnacle of greatness; and considering all these things you do not like to + accuse the Gods of them, because they are your relatives; and so from some + want of reasoning power, and also from an unwillingness to find fault with + them, you have come to believe that they exist indeed, but have no thought + or care of human things. Now, that your present evil opinion may not grow + to still greater impiety, and that we may if possible use arguments which + may conjure away the evil before it arrives, we will add another argument + to that originally addressed to him who utterly denied the existence of + the Gods. And do you, Megillus and Cleinias, answer for the young man as + you did before; and if any impediment comes in our way, I will take the + word out of your mouths, and carry you over the river as I did just now. + </p> + <p> + CLEINIAS: Very good; do as you say, and we will help you as well as we + can. + </p> + <p> + ATHENIAN: There will probably be no difficulty in proving to him that the + Gods care about the small as well as about the great. For he was present + and heard what was said, that they are perfectly good, and that the care + of all things is most entirely natural to them. + </p> + <p> + CLEINIAS: No doubt he heard that. + </p> + <p> + ATHENIAN: Let us consider together in the next place what we mean by this + virtue which we ascribe to them. Surely we should say that to be temperate + and to possess mind belongs to virtue, and the contrary to vice? + </p> + <p> + CLEINIAS: Certainly. + </p> + <p> + ATHENIAN: Yes; and courage is a part of virtue, and cowardice of vice? + </p> + <p> + CLEINIAS: True. + </p> + <p> + ATHENIAN: And the one is honourable, and the other dishonourable? + </p> + <p> + CLEINIAS: To be sure. + </p> + <p> + ATHENIAN: And the one, like other meaner things, is a human quality, but + the Gods have no part in anything of the sort? + </p> + <p> + CLEINIAS: That again is what everybody will admit. + </p> + <p> + ATHENIAN: But do we imagine carelessness and idleness and luxury to be + virtues? What do you think? + </p> + <p> + CLEINIAS: Decidedly not. + </p> + <p> + ATHENIAN: They rank under the opposite class? + </p> + <p> + CLEINIAS: Yes. + </p> + <p> + ATHENIAN: And their opposites, therefore, would fall under the opposite + class? + </p> + <p> + CLEINIAS: Yes. + </p> + <p> + ATHENIAN: But are we to suppose that one who possesses all these good + qualities will be luxurious and heedless and idle, like those whom the + poet compares to stingless drones? + </p> + <p> + CLEINIAS: And the comparison is a most just one. + </p> + <p> + ATHENIAN: Surely God must not be supposed to have a nature which He + Himself hates? he who dares to say this sort of thing must not be + tolerated for a moment. + </p> + <p> + CLEINIAS: Of course not. How could he have? + </p> + <p> + ATHENIAN: Should we not on any principle be entirely mistaken in praising + any one who has some special business entrusted to him, if he have a mind + which takes care of great matters and no care of small ones? Reflect; he + who acts in this way, whether he be God or man, must act from one of two + principles. + </p> + <p> + CLEINIAS: What are they? + </p> + <p> + ATHENIAN: Either he must think that the neglect of the small matters is of + no consequence to the whole, or if he knows that they are of consequence, + and he neglects them, his neglect must be attributed to carelessness and + indolence. Is there any other way in which his neglect can be explained? + For surely, when it is impossible for him to take care of all, he is not + negligent if he fails to attend to these things great or small, which a + God or some inferior being might be wanting in strength or capacity to + manage? + </p> + <p> + CLEINIAS: Certainly not. + </p> + <p> + ATHENIAN: Now, then, let us examine the offenders, who both alike confess + that there are Gods, but with a difference—the one saying that they + may be appeased, and the other that they have no care of small matters: + there are three of us and two of them, and we will say to them—In + the first place, you both acknowledge that the Gods hear and see and know + all things, and that nothing can escape them which is matter of sense and + knowledge: do you admit this? + </p> + <p> + CLEINIAS: Yes. + </p> + <p> + ATHENIAN: And do you admit also that they have all power which mortals and + immortals can have? + </p> + <p> + CLEINIAS: They will, of course, admit this also. + </p> + <p> + ATHENIAN: And surely we three and they two—five in all—have + acknowledged that they are good and perfect? + </p> + <p> + CLEINIAS: Assuredly. + </p> + <p> + ATHENIAN: But, if they are such as we conceive them to be, can we possibly + suppose that they ever act in the spirit of carelessness and indolence? + For in us inactivity is the child of cowardice, and carelessness of + inactivity and indolence. + </p> + <p> + CLEINIAS: Most true. + </p> + <p> + ATHENIAN: Then not from inactivity and carelessness is any God ever + negligent; for there is no cowardice in them. + </p> + <p> + CLEINIAS: That is very true. + </p> + <p> + ATHENIAN: Then the alternative which remains is, that if the Gods neglect + the lighter and lesser concerns of the universe, they neglect them because + they know that they ought not to care about such matters—what other + alternative is there but the opposite of their knowing? + </p> + <p> + CLEINIAS: There is none. + </p> + <p> + ATHENIAN: And, O most excellent and best of men, do I understand you to + mean that they are careless because they are ignorant, and do not know + that they ought to take care, or that they know, and yet like the meanest + sort of men, knowing the better, choose the worse because they are + overcome by pleasures and pains? + </p> + <p> + CLEINIAS: Impossible. + </p> + <p> + ATHENIAN: Do not all human things partake of the nature of soul? And is + not man the most religious of all animals? + </p> + <p> + CLEINIAS: That is not to be denied. + </p> + <p> + ATHENIAN: And we acknowledge that all mortal creatures are the property of + the Gods, to whom also the whole of heaven belongs? + </p> + <p> + CLEINIAS: Certainly. + </p> + <p> + ATHENIAN: And, therefore, whether a person says that these things are to + the Gods great or small—in either case it would not be natural for + the Gods who own us, and who are the most careful and the best of owners, + to neglect us. There is also a further consideration. + </p> + <p> + CLEINIAS: What is it? + </p> + <p> + ATHENIAN: Sensation and power are in an inverse ratio to each other in + respect to their ease and difficulty. + </p> + <p> + CLEINIAS: What do you mean? + </p> + <p> + ATHENIAN: I mean that there is greater difficulty in seeing and hearing + the small than the great, but more facility in moving and controlling and + taking care of small and unimportant things than of their opposites. + </p> + <p> + CLEINIAS: Far more. + </p> + <p> + ATHENIAN: Suppose the case of a physician who is willing and able to cure + some living thing as a whole—how will the whole fare at his hands if + he takes care only of the greater and neglects the parts which are lesser? + </p> + <p> + CLEINIAS: Decidedly not well. + </p> + <p> + ATHENIAN: No better would be the result with pilots or generals, or + householders or statesmen, or any other such class, if they neglected the + small and regarded only the great—as the builders say, the larger + stones do not lie well without the lesser. + </p> + <p> + CLEINIAS: Of course not. + </p> + <p> + ATHENIAN: Let us not, then, deem God inferior to human workmen, who, in + proportion to their skill, finish and perfect their works, small as well + as great, by one and the same art; or that God, the wisest of beings, who + is both willing and able to take care, is like a lazy good-for-nothing, or + a coward, who turns his back upon labour and gives no thought to smaller + and easier matters, but to the greater only. + </p> + <p> + CLEINIAS: Never, Stranger, let us admit a supposition about the Gods which + is both impious and false. + </p> + <p> + ATHENIAN: I think that we have now argued enough with him who delights to + accuse the Gods of neglect. + </p> + <p> + CLEINIAS: Yes. + </p> + <p> + ATHENIAN: He has been forced to acknowledge that he is in error, but he + still seems to me to need some words of consolation. + </p> + <p> + CLEINIAS: What consolation will you offer him? + </p> + <p> + ATHENIAN: Let us say to the youth: The ruler of the universe has ordered + all things with a view to the excellence and preservation of the whole, + and each part, as far as may be, has an action and passion appropriate to + it. Over these, down to the least fraction of them, ministers have been + appointed to preside, who have wrought out their perfection with + infinitesimal exactness. And one of these portions of the universe is + thine own, unhappy man, which, however little, contributes to the whole; + and you do not seem to be aware that this and every other creation is for + the sake of the whole, and in order that the life of the whole may be + blessed; and that you are created for the sake of the whole, and not the + whole for the sake of you. For every physician and every skilled artist + does all things for the sake of the whole, directing his effort towards + the common good, executing the part for the sake of the whole, and not the + whole for the sake of the part. And you are annoyed because you are + ignorant how what is best for you happens to you and to the universe, as + far as the laws of the common creation admit. Now, as the soul combining + first with one body and then with another undergoes all sorts of changes, + either of herself, or through the influence of another soul, all that + remains to the player of the game is that he should shift the pieces; + sending the better nature to the better place, and the worse to the worse, + and so assigning to them their proper portion. + </p> + <p> + CLEINIAS: In what way do you mean? + </p> + <p> + ATHENIAN: In a way which may be supposed to make the care of all things + easy to the Gods. If any one were to form or fashion all things without + any regard to the whole—if, for example, he formed a living element + of water out of fire, instead of forming many things out of one or one out + of many in regular order attaining to a first or second or third birth, + the transmutation would have been infinite; but now the ruler of the world + has a wonderfully easy task. + </p> + <p> + CLEINIAS: How so? + </p> + <p> + ATHENIAN: I will explain: When the king saw that our actions had life, and + that there was much virtue in them and much vice, and that the soul and + body, although not, like the Gods of popular opinion, eternal, yet having + once come into existence, were indestructible (for if either of them had + been destroyed, there would have been no generation of living beings); and + when he observed that the good of the soul was ever by nature designed to + profit men, and the evil to harm them—he, seeing all this, contrived + so to place each of the parts that their position might in the easiest and + best manner procure the victory of good and the defeat of evil in the + whole. And he contrived a general plan by which a thing of a certain + nature found a certain seat and room. But the formation of qualities he + left to the wills of individuals. For every one of us is made pretty much + what he is by the bent of his desires and the nature of his soul. + </p> + <p> + CLEINIAS: Yes, that is probably true. + </p> + <p> + ATHENIAN: Then all things which have a soul change, and possess in + themselves a principle of change, and in changing move according to law + and to the order of destiny: natures which have undergone a lesser change + move less and on the earth's surface, but those which have suffered more + change and have become more criminal sink into the abyss, that is to say, + into Hades and other places in the world below, of which the very names + terrify men, and which they picture to themselves as in a dream, both + while alive and when released from the body. And whenever the soul + receives more of good or evil from her own energy and the strong influence + of others—when she has communion with divine virtue and becomes + divine, she is carried into another and better place, which is perfect in + holiness; but when she has communion with evil, then she also changes the + place of her life. + </p> + <p> + 'This is the justice of the Gods who inhabit Olympus.' + </p> + <p> + O youth or young man, who fancy that you are neglected by the Gods, know + that if you become worse you shall go to the worse souls, or if better to + the better, and in every succession of life and death you will do and + suffer what like may fitly suffer at the hands of like. This is the + justice of heaven, which neither you nor any other unfortunate will ever + glory in escaping, and which the ordaining powers have specially ordained; + take good heed thereof, for it will be sure to take heed of you. If you + say: I am small and will creep into the depths of the earth, or I am high + and will fly up to heaven, you are not so small or so high but that you + shall pay the fitting penalty, either here or in the world below or in + some still more savage place whither you shall be conveyed. This is also + the explanation of the fate of those whom you saw, who had done unholy and + evil deeds, and from small beginnings had grown great, and you fancied + that from being miserable they had become happy; and in their actions, as + in a mirror, you seemed to see the universal neglect of the Gods, not + knowing how they make all things work together and contribute to the great + whole. And thinkest thou, bold man, that thou needest not to know this? he + who knows it not can never form any true idea of the happiness or + unhappiness of life or hold any rational discourse respecting either. If + Cleinias and this our reverend company succeed in proving to you that you + know not what you say of the Gods, then will God help you; but should you + desire to hear more, listen to what we say to the third opponent, if you + have any understanding whatsoever. For I think that we have sufficiently + proved the existence of the Gods, and that they care for men: The other + notion that they are appeased by the wicked, and take gifts, is what we + must not concede to any one, and what every man should disprove to the + utmost of his power. + </p> + <p> + CLEINIAS: Very good; let us do as you say. + </p> + <p> + ATHENIAN: Well, then, by the Gods themselves I conjure you to tell me—if + they are to be propitiated, how are they to be propitiated? Who are they, + and what is their nature? Must they not be at least rulers who have to + order unceasingly the whole heaven? + </p> + <p> + CLEINIAS: True. + </p> + <p> + ATHENIAN: And to what earthly rulers can they be compared, or who to them? + How in the less can we find an image of the greater? Are they charioteers + of contending pairs of steeds, or pilots of vessels? Perhaps they might be + compared to the generals of armies, or they might be likened to physicians + providing against the diseases which make war upon the body, or to + husbandmen observing anxiously the effects of the seasons on the growth of + plants; or perhaps to shepherds of flocks. For as we acknowledge the world + to be full of many goods and also of evils, and of more evils than goods, + there is, as we affirm, an immortal conflict going on among us, which + requires marvellous watchfulness; and in that conflict the Gods and + demigods are our allies, and we are their property. Injustice and + insolence and folly are the destruction of us, and justice and temperance + and wisdom are our salvation; and the place of these latter is in the life + of the Gods, although some vestige of them may occasionally be discerned + among mankind. But upon this earth we know that there dwell souls + possessing an unjust spirit, who may be compared to brute animals, which + fawn upon their keepers, whether dogs or shepherds, or the best and most + perfect masters; for they in like manner, as the voices of the wicked + declare, prevail by flattery and prayers and incantations, and are allowed + to make their gains with impunity. And this sin, which is termed + dishonesty, is an evil of the same kind as what is termed disease in + living bodies or pestilence in years or seasons of the year, and in cities + and governments has another name, which is injustice. + </p> + <p> + CLEINIAS: Quite true. + </p> + <p> + ATHENIAN: What else can he say who declares that the Gods are always + lenient to the doers of unjust acts, if they divide the spoil with them? + As if wolves were to toss a portion of their prey to the dogs, and they, + mollified by the gift, suffered them to tear the flocks. Must not he who + maintains that the Gods can be propitiated argue thus? + </p> + <p> + CLEINIAS: Precisely so. + </p> + <p> + ATHENIAN: And to which of the above-mentioned classes of guardians would + any man compare the Gods without absurdity? Will he say that they are like + pilots, who are themselves turned away from their duty by 'libations of + wine and the savour of fat,' and at last overturn both ship and sailors? + </p> + <p> + CLEINIAS: Assuredly not. + </p> + <p> + ATHENIAN: And surely they are not like charioteers who are bribed to give + up the victory to other chariots? + </p> + <p> + CLEINIAS: That would be a fearful image of the Gods. + </p> + <p> + ATHENIAN: Nor are they like generals, or physicians, or husbandmen, or + shepherds; and no one would compare them to dogs who have been silenced by + wolves. + </p> + <p> + CLEINIAS: A thing not to be spoken of. + </p> + <p> + ATHENIAN: And are not all the Gods the chiefest of all guardians, and do + they not guard our highest interests? + </p> + <p> + CLEINIAS: Yes; the chiefest. + </p> + <p> + ATHENIAN: And shall we say that those who guard our noblest interests, and + are the best of guardians, are inferior in virtue to dogs, and to men even + of moderate excellence, who would never betray justice for the sake of + gifts which unjust men impiously offer them? + </p> + <p> + CLEINIAS: Certainly not; nor is such a notion to be endured, and he who + holds this opinion may be fairly singled out and characterized as of all + impious men the wickedest and most impious. + </p> + <p> + ATHENIAN: Then are the three assertions—that the Gods exist, and + that they take care of men, and that they can never be persuaded to do + injustice, now sufficiently demonstrated? May we say that they are? + </p> + <p> + CLEINIAS: You have our entire assent to your words. + </p> + <p> + ATHENIAN: I have spoken with vehemence because I am zealous against evil + men; and I will tell you, dear Cleinias, why I am so. I would not have the + wicked think that, having the superiority in argument, they may do as they + please and act according to their various imaginations about the Gods; and + this zeal has led me to speak too vehemently; but if we have at all + succeeded in persuading the men to hate themselves and love their + opposites, the prelude of our laws about impiety will not have been spoken + in vain. + </p> + <p> + CLEINIAS: So let us hope; and even if we have failed, the style of our + argument will not discredit the lawgiver. + </p> + <p> + ATHENIAN: After the prelude shall follow a discourse, which will be the + interpreter of the law; this shall proclaim to all impious persons that + they must depart from their ways and go over to the pious. And to those + who disobey, let the law about impiety be as follows: If a man is guilty + of any impiety in word or deed, any one who happens to be present shall + give information to the magistrates, in aid of the law; and let the + magistrates who first receive the information bring him before the + appointed court according to the law; and if a magistrate, after receiving + information, refuses to act, he shall be tried for impiety at the instance + of any one who is willing to vindicate the laws; and if any one be cast, + the court shall estimate the punishment of each act of impiety; and let + all such criminals be imprisoned. There shall be three prisons in the + state: the first of them is to be the common prison in the neighbourhood + of the agora for the safe-keeping of the generality of offenders; another + is to be in the neighbourhood of the nocturnal council, and is to be + called the 'House of Reformation'; another, to be situated in some wild + and desolate region in the centre of the country, shall be called by some + name expressive of retribution. Now, men fall into impiety from three + causes, which have been already mentioned, and from each of these causes + arise two sorts of impiety, in all six, which are worth distinguishing, + and should not all have the same punishment. For he who does not believe + in the Gods, and yet has a righteous nature, hates the wicked and dislikes + and refuses to do injustice, and avoids unrighteous men, and loves the + righteous. But they who besides believing that the world is devoid of Gods + are intemperate, and have at the same time good memories and quick wits, + are worse; although both of them are unbelievers, much less injury is done + by the one than by the other. The one may talk loosely about the Gods and + about sacrifices and oaths, and perhaps by laughing at other men he may + make them like himself, if he be not punished. But the other who holds the + same opinions and is called a clever man, is full of stratagem and deceit—men + of this class deal in prophecy and jugglery of all kinds, and out of their + ranks sometimes come tyrants and demagogues and generals and hierophants + of private mysteries and the Sophists, as they are termed, with their + ingenious devices. There are many kinds of unbelievers, but two only for + whom legislation is required; one the hypocritical sort, whose crime is + deserving of death many times over, while the other needs only bonds and + admonition. In like manner also the notion that the Gods take no thought + of men produces two other sorts of crimes, and the notion that they may be + propitiated produces two more. Assuming these divisions, let those who + have been made what they are only from want of understanding, and not from + malice or an evil nature, be placed by the judge in the House of + Reformation, and ordered to suffer imprisonment during a period of not + less than five years. And in the meantime let them have no intercourse + with the other citizens, except with members of the nocturnal council, and + with them let them converse with a view to the improvement of their soul's + health. And when the time of their imprisonment has expired, if any of + them be of sound mind let him be restored to sane company, but if not, and + if he be condemned a second time, let him be punished with death. As to + that class of monstrous natures who not only believe that there are no + Gods, or that they are negligent, or to be propitiated, but in contempt of + mankind conjure the souls of the living and say that they can conjure the + dead and promise to charm the Gods with sacrifices and prayers, and will + utterly overthrow individuals and whole houses and states for the sake of + money—let him who is guilty of any of these things be condemned by + the court to be bound according to law in the prison which is in the + centre of the land, and let no freeman ever approach him, but let him + receive the rations of food appointed by the guardians of the law from the + hands of the public slaves; and when he is dead let him be cast beyond the + borders unburied, and if any freeman assist in burying him, let him pay + the penalty of impiety to any one who is willing to bring a suit against + him. But if he leaves behind him children who are fit to be citizens, let + the guardians of orphans take care of them, just as they would of any + other orphans, from the day on which their father is convicted. + </p> + <p> + In all these cases there should be one law, which will make men in general + less liable to transgress in word or deed, and less foolish, because they + will not be allowed to practise religious rites contrary to law. And let + this be the simple form of the law: No man shall have sacred rites in a + private house. When he would sacrifice, let him go to the temples and hand + over his offerings to the priests and priestesses, who see to the sanctity + of such things, and let him pray himself, and let any one who pleases join + with him in prayer. The reason of this is as follows: Gods and temples are + not easily instituted, and to establish them rightly is the work of a + mighty intellect. And women especially, and men too, when they are sick or + in danger, or in any sort of difficulty, or again on their receiving any + good fortune, have a way of consecrating the occasion, vowing sacrifices, + and promising shrines to Gods, demigods, and sons of Gods; and when they + are awakened by terrible apparitions and dreams or remember visions, they + find in altars and temples the remedies of them, and will fill every house + and village with them, placing them in the open air, or wherever they may + have had such visions; and with a view to all these cases we should obey + the law. The law has also regard to the impious, and would not have them + fancy that by the secret performance of these actions—by raising + temples and by building altars in private houses, they can propitiate the + God secretly with sacrifices and prayers, while they are really + multiplying their crimes infinitely, bringing guilt from heaven upon + themselves, and also upon those who permit them, and who are better men + than they are; and the consequence is that the whole state reaps the fruit + of their impiety, which, in a certain sense, is deserved. Assuredly God + will not blame the legislator, who will enact the following law: No one + shall possess shrines of the Gods in private houses, and he who is found + to possess them, and perform any sacred rites not publicly authorised—supposing + the offender to be some man or woman who is not guilty of any other great + and impious crime—shall be informed against by him who is acquainted + with the fact, which shall be announced by him to the guardians of the + law; and let them issue orders that he or she shall carry away their + private rites to the public temples, and if they do not persuade them, let + them inflict a penalty on them until they comply. And if a person be + proven guilty of impiety, not merely from childish levity, but such as + grown-up men may be guilty of, whether he have sacrificed publicly or + privately to any Gods, let him be punished with death, for his sacrifice + is impure. Whether the deed has been done in earnest, or only from + childish levity, let the guardians of the law determine, before they bring + the matter into court and prosecute the offender for impiety. + </p> + <p> + <a name="link2H_4_0014" id="link2H_4_0014"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + BOOK XI. + </h2> + <p> + In the next place, dealings between man and man require to be suitably + regulated. The principle of them is very simple: Thou shalt not, if thou + canst help, touch that which is mine, or remove the least thing which + belongs to me without my consent; and may I be of a sound mind, and do to + others as I would that they should do to me. First, let us speak of + treasure-trove: May I never pray the Gods to find the hidden treasure, + which another has laid up for himself and his family, he not being one of + my ancestors, nor lift, if I should find, such a treasure. And may I never + have any dealings with those who are called diviners, and who in any way + or manner counsel me to take up the deposit entrusted to the earth, for I + should not gain so much in the increase of my possessions, if I take up + the prize, as I should grow in justice and virtue of soul, if I abstain; + and this will be a better possession to me than the other in a better part + of myself; for the possession of justice in the soul is preferable to the + possession of wealth. And of many things it is well said—'Move not + the immovables,' and this may be regarded as one of them. And we shall do + well to believe the common tradition which says, that such deeds prevent a + man from having a family. Now as to him who is careless about having + children and regardless of the legislator, taking up that which neither he + deposited, nor any ancestor of his, without the consent of the depositor, + violating the simplest and noblest of laws which was the enactment of no + mean man: 'Take not up that which was not laid down by thee'—of him, + I say, who despises these two legislators, and takes up, not some small + matter which he has not deposited, but perhaps a great heap of treasure, + what he ought to suffer at the hands of the Gods, God only knows; but I + would have the first person who sees him go and tell the wardens of the + city, if the occurrence has taken place in the city, or if the occurrence + has taken place in the agora he shall tell the wardens of the agora, or if + in the country he shall tell the wardens of the country and their + commanders. When information has been received the city shall send to + Delphi, and, whatever the God answers about the money and the remover of + the money, that the city shall do in obedience to the oracle; the + informer, if he be a freeman, shall have the honour of doing rightly, and + he who informs not, the dishonour of doing wrongly; and if he be a slave + who gives information, let him be freed, as he ought to be, by the state, + which shall give his master the price of him; but if he do not inform he + shall be punished with death. Next in order shall follow a similar law, + which shall apply equally to matters great and small: If a man happens to + leave behind him some part of his property, whether intentionally or + unintentionally, let him who may come upon the left property suffer it to + remain, reflecting that such things are under the protection of the + Goddess of ways, and are dedicated to her by the law. But if any one + defies the law, and takes the property home with him, let him, if the + thing is of little worth, and the man who takes it a slave, be beaten with + many stripes by him who meets him, being a person of not less than thirty + years of age. Or if he be a freeman, in addition to being thought a mean + person and a despiser of the laws, let him pay ten times the value of the + treasure which he has moved to the leaver. And if some one accuses another + of having anything which belongs to him, whether little or much, and the + other admits that he has this thing, but denies that the property in + dispute belongs to the other, if the property be registered with the + magistrates according to law, the claimant shall summon the possessor, who + shall bring it before the magistrates; and when it is brought into court, + if it be registered in the public registers, to which of the litigants it + belonged, let him take it and go his way. Or if the property be registered + as belonging to some one who is not present, whoever will offer sufficient + surety on behalf of the absent person that he will give it up to him, + shall take it away as the representative of the other. But if the property + which is deposited be not registered with the magistrates, let it remain + until the time of trial with three of the eldest of the magistrates; and + if it be an animal which is deposited, then he who loses the suit shall + pay the magistrates for its keep, and they shall determine the cause + within three days. + </p> + <p> + Any one who is of sound mind may arrest his own slave, and do with him + whatever he will of such things as are lawful; and he may arrest the + runaway slave of any of his friends or kindred with a view to his + safe-keeping. And if any one takes away him who is being carried off as a + slave, intending to liberate him, he who is carrying him off shall let him + go; but he who takes him away shall give three sufficient sureties; and if + he give them, and not without giving them, he may take him away, but if he + take him away after any other manner he shall be deemed guilty of + violence, and being convicted shall pay as a penalty double the amount of + the damages claimed to him who has been deprived of the slave. Any man may + also carry off a freedman, if he do not pay respect or sufficient respect + to him who freed him. Now the respect shall be, that the freedman go three + times in the month to the hearth of the person who freed him, and offer to + do whatever he ought, so far as he can; and he shall agree to make such a + marriage as his former master approves. He shall not be permitted to have + more property than he who gave him liberty, and what more he has shall + belong to his master. The freedman shall not remain in the state more than + twenty years, but like other foreigners shall go away, taking his entire + property with him, unless he has the consent of the magistrates and of his + former master to remain. If a freedman or any other stranger has a + property greater than the census of the third class, at the expiration of + thirty days from the day on which this comes to pass, he shall take that + which is his and go his way, and in this case he shall not be allowed to + remain any longer by the magistrates. And if any one disobeys this + regulation, and is brought into court and convicted, he shall be punished + with death, and his property shall be confiscated. Suits about these + matters shall take place before the tribes, unless the plaintiff and + defendant have got rid of the accusation either before their neighbours or + before judges chosen by them. If a man lay claim to any animal or anything + else which he declares to be his, let the possessor refer to the seller or + to some honest and trustworthy person, who has given, or in some + legitimate way made over the property to him; if he be a citizen or a + metic, sojourning in the city, within thirty days, or, if the property + have been delivered to him by a stranger, within five months, of which the + middle month shall include the summer solstice. When goods are exchanged + by selling and buying, a man shall deliver them, and receive the price of + them, at a fixed place in the agora, and have done with the matter; but he + shall not buy or sell anywhere else, nor give credit. And if in any other + manner or in any other place there be an exchange of one thing for + another, and the seller give credit to the man who buys from him, he must + do this on the understanding that the law gives no protection in cases of + things sold not in accordance with these regulations. Again, as to + contributions, any man who likes may go about collecting contributions as + a friend among friends, but if any difference arises about the collection, + he is to act on the understanding that the law gives no protection in such + cases. He who sells anything above the value of fifty drachmas shall be + required to remain in the city for ten days, and the purchaser shall be + informed of the house of the seller, with a view to the sort of charges + which are apt to arise in such cases, and the restitutions which the law + allows. And let legal restitution be on this wise: If a man sells a slave + who is in a consumption, or who has the disease of the stone, or of + strangury, or epilepsy, or some other tedious and incurable disorder of + body or mind, which is not discernible to the ordinary man, if the + purchaser be a physician or trainer, he shall have no right of + restitution; nor shall there be any right of restitution if the seller has + told the truth beforehand to the buyer. But if a skilled person sells to + another who is not skilled, let the buyer appeal for restitution within + six months, except in the case of epilepsy, and then the appeal may be + made within a year. The cause shall be determined by such physicians as + the parties may agree to choose; and the defendant, if he lose the suit, + shall pay double the price at which he sold. If a private person sell to + another private person, he shall have the right of restitution, and the + decision shall be given as before, but the defendant, if he be cast, shall + only pay back the price of the slave. If a person sells a homicide to + another, and they both know of the fact, let there be no restitution in + such a case, but if he do not know of the fact, there shall be a right of + restitution, whenever the buyer makes the discovery; and the decision + shall rest with the five youngest guardians of the law, and if the + decision be that the seller was cognisant of the fact, he shall purify the + house of the purchaser, according to the law of the interpreters, and + shall pay back three times the purchase-money. + </p> + <p> + If a man exchanges either money for money, or anything whatever for + anything else, either with or without life, let him give and receive them + genuine and unadulterated, in accordance with the law. And let us have a + prelude about all this sort of roguery, like the preludes of our other + laws. Every man should regard adulteration as of one and the same class + with falsehood and deceit, concerning which the many are too fond of + saying that at proper times and places the practice may often be right. + But they leave the occasion, and the when, and the where, undefined and + unsettled, and from this want of definiteness in their language they do a + great deal of harm to themselves and to others. Now a legislator ought not + to leave the matter undetermined; he ought to prescribe some limit, either + greater or less. Let this be the rule prescribed: No one shall call the + Gods to witness, when he says or does anything false or deceitful or + dishonest, unless he would be the most hateful of mankind to them. And he + is most hateful to them who takes a false oath, and pays no heed to the + Gods; and in the next degree, he who tells a falsehood in the presence of + his superiors. Now better men are the superiors of worse men, and in + general elders are the superiors of the young; wherefore also parents are + the superiors of their offspring, and men of women and children, and + rulers of their subjects; for all men ought to reverence any one who is in + any position of authority, and especially those who are in state offices. + And this is the reason why I have spoken of these matters. For every one + who is guilty of adulteration in the agora tells a falsehood, and + deceives, and when he invokes the Gods, according to the customs and + cautions of the wardens of the agora, he does but swear without any + respect for God or man. Certainly, it is an excellent rule not lightly to + defile the names of the Gods, after the fashion of men in general, who + care little about piety and purity in their religious actions. But if a + man will not conform to this rule, let the law be as follows: He who sells + anything in the agora shall not ask two prices for that which he sells, + but he shall ask one price, and if he do not obtain this, he shall take + away his goods; and on that day he shall not value them either at more or + less; and there shall be no praising of any goods, or oath taken about + them. If a person disobeys this command, any citizen who is present, not + being less than thirty years of age, may with impunity chastise and beat + the swearer, but if instead of obeying the laws he takes no heed, he shall + be liable to the charge of having betrayed them. If a man sells any + adulterated goods and will not obey these regulations, he who knows and + can prove the fact, and does prove it in the presence of the magistrates, + if he be a slave or a metic, shall have the adulterated goods; but if he + be a citizen, and do not pursue the charge, he shall be called a rogue, + and deemed to have robbed the Gods of the agora; or if he proves the + charge, he shall dedicate the goods to the Gods of the agora. He who is + proved to have sold any adulterated goods, in addition to losing the goods + themselves, shall be beaten with stripes—a stripe for a drachma, + according to the price of the goods; and the herald shall proclaim in the + agora the offence for which he is going to be beaten. The wardens of the + agora and the guardians of the law shall obtain information from + experienced persons about the rogueries and adulterations of the sellers, + and shall write up what the seller ought and ought not to do in each case; + and let them inscribe their laws on a column in front of the court of the + wardens of the agora, that they may be clear instructors of those who have + business in the agora. Enough has been said in what has preceded about the + wardens of the city, and if anything seems to be wanting, let them + communicate with the guardians of the law, and write down the omission, + and place on a column in the court of the wardens of the city the primary + and secondary regulations which are laid down for them about their office. + </p> + <p> + After the practices of adulteration naturally follow the practices of + retail trade. Concerning these, we will first of all give a word of + counsel and reason, and the law shall come afterwards. Retail trade in a + city is not by nature intended to do any harm, but quite the contrary; for + is not he a benefactor who reduces the inequalities and + incommensurabilities of goods to equality and common measure? And this is + what the power of money accomplishes, and the merchant may be said to be + appointed for this purpose. The hireling and the tavern-keeper, and many + other occupations, some of them more and others less seemly—all + alike have this object—they seek to satisfy our needs and equalize + our possessions. Let us then endeavour to see what has brought retail + trade into ill-odour, and wherein lies the dishonour and unseemliness of + it, in order that if not entirely, we may yet partially, cure the evil by + legislation. To effect this is no easy matter, and requires a great deal + of virtue. + </p> + <p> + CLEINIAS: What do you mean? + </p> + <p> + ATHENIAN: Dear Cleinias, the class of men is small—they must have + been rarely gifted by nature, and trained by education—who, when + assailed by wants and desires, are able to hold out and observe + moderation, and when they might make a great deal of money are sober in + their wishes, and prefer a moderate to a large gain. But the mass of + mankind are the very opposite: their desires are unbounded, and when they + might gain in moderation they prefer gains without limit; wherefore all + that relates to retail trade, and merchandise, and the keeping of taverns, + is denounced and numbered among dishonourable things. For if what I trust + may never be and will not be, we were to compel, if I may venture to say a + ridiculous thing, the best men everywhere to keep taverns for a time, or + carry on retail trade, or do anything of that sort; or if, in consequence + of some fate or necessity, the best women were compelled to follow similar + callings, then we should know how agreeable and pleasant all these things + are; and if all such occupations were managed on incorrupt principles, + they would be honoured as we honour a mother or a nurse. But now that a + man goes to desert places and builds houses which can only be reached by + long journeys, for the sake of retail trade, and receives strangers who + are in need at the welcome resting-place, and gives them peace and calm + when they are tossed by the storm, or cool shade in the heat; and then + instead of behaving to them as friends, and showing the duties of + hospitality to his guests, treats them as enemies and captives who are at + his mercy, and will not release them until they have paid the most unjust, + abominable, and extortionate ransom—these are the sort of practises, + and foul evils they are, which cast a reproach upon the succour of + adversity. And the legislator ought always to be devising a remedy for + evils of this nature. There is an ancient saying, which is also a true one—'To + fight against two opponents is a difficult thing,' as is seen in diseases + and in many other cases. And in this case also the war is against two + enemies—wealth and poverty; one of whom corrupts the soul of man + with luxury, while the other drives him by pain into utter shamelessness. + What remedy can a city of sense find against this disease? In the first + place, they must have as few retail traders as possible; and in the second + place, they must assign the occupation to that class of men whose + corruption will be the least injury to the state; and in the third place, + they must devise some way whereby the followers of these occupations + themselves will not readily fall into habits of unbridled shamelessness + and meanness. + </p> + <p> + After this preface let our law run as follows, and may fortune favour us: + No landowner among the Magnetes, whose city the God is restoring and + resettling—no one, that is, of the 5040 families, shall become a + retail trader either voluntarily or involuntarily; neither shall he be a + merchant, or do any service for private persons unless they equally serve + him, except for his father or his mother, and their fathers and mothers; + and in general for his elders who are freemen, and whom he serves as a + freeman. Now it is difficult to determine accurately the things which are + worthy or unworthy of a freeman, but let those who have obtained the prize + of virtue give judgment about them in accordance with their feelings of + right and wrong. He who in any way shares in the illiberality of retail + trades may be indicted for dishonouring his race by any one who likes, + before those who have been judged to be the first in virtue; and if he + appear to throw dirt upon his father's house by an unworthy occupation, + let him be imprisoned for a year and abstain from that sort of thing; and + if he repeat the offence, for two years; and every time that he is + convicted let the length of his imprisonment be doubled. This shall be the + second law: He who engages in retail trade must be either a metic or a + stranger. And a third law shall be: In order that the retail trader who + dwells in our city may be as good or as little bad as possible, the + guardians of the law shall remember that they are not only guardians of + those who may be easily watched and prevented from becoming lawless or + bad, because they are well-born and bred; but still more should they have + a watch over those who are of another sort, and follow pursuits which have + a very strong tendency to make men bad. And, therefore, in respect of the + multifarious occupations of retail trade, that is to say, in respect of + such of them as are allowed to remain, because they seem to be quite + necessary in a state—about these the guardians of the law should + meet and take counsel with those who have experience of the several kinds + of retail trade, as we before commanded concerning adulteration (which is + a matter akin to this), and when they meet they shall consider what amount + of receipts, after deducting expenses, will produce a moderate gain to the + retail trades, and they shall fix in writing and strictly maintain what + they find to be the right percentage of profit; this shall be seen to by + the wardens of the agora, and by the wardens of the city, and by the + wardens of the country. And so retail trade will benefit every one, and do + the least possible injury to those in the state who practise it. + </p> + <p> + When a man makes an agreement which he does not fulfil, unless the + agreement be of a nature which the law or a vote of the assembly does not + allow, or which he has made under the influence of some unjust compulsion, + or which he is prevented from fulfilling against his will by some + unexpected chance, the other party may go to law with him in the courts of + the tribes, for not having completed his agreement, if the parties are not + able previously to come to terms before arbiters or before their + neighbours. The class of craftsmen who have furnished human life with the + arts is dedicated to Hephaestus and Athene; and there is a class of + craftsmen who preserve the works of all craftsmen by arts of defence, the + votaries of Ares and Athene, to which divinities they too are rightly + dedicated. All these continue through life serving the country and the + people; some of them are leaders in battle; others make for hire + implements and works, and they ought not to deceive in such matters, out + of respect to the Gods who are their ancestors. If any craftsman through + indolence omit to execute his work in a given time, not reverencing the + God who gives him the means of life, but considering, foolish fellow, that + he is his own God and will let him off easily, in the first place, he + shall suffer at the hands of the God, and in the second place, the law + shall follow in a similar spirit. He shall owe to him who contracted with + him the price of the works which he has failed in performing, and he shall + begin again and execute them gratis in the given time. When a man + undertakes a work, the law gives him the same advice which was given to + the seller, that he should not attempt to raise the price, but simply ask + the value; this the law enjoins also on the contractor; for the craftsman + assuredly knows the value of his work. Wherefore, in free states the man + of art ought not to attempt to impose upon private individuals by the help + of his art, which is by nature a true thing; and he who is wronged in a + matter of this sort, shall have a right of action against the party who + has wronged him. And if any one lets out work to a craftsman, and does not + pay him duly according to the lawful agreement, disregarding Zeus the + guardian of the city and Athene, who are the partners of the state, and + overthrows the foundations of society for the sake of a little gain, in + his case let the law and the Gods maintain the common bonds of the state. + And let him who, having already received the work in exchange, does not + pay the price in the time agreed, pay double the price; and if a year has + elapsed, although interest is not to be taken on loans, yet for every + drachma which he owes to the contractor let him pay a monthly interest of + an obol. Suits about these matters are to be decided by the courts of the + tribes; and by the way, since we have mentioned craftsmen at all, we must + not forget that other craft of war, in which generals and tacticians are + the craftsmen, who undertake voluntarily or involuntarily the work of our + safety, as other craftsmen undertake other public works—if they + execute their work well the law will never tire of praising him who gives + them those honours which are the just rewards of the soldier; but if any + one, having already received the benefit of any noble service in war, does + not make the due return of honour, the law will blame him. Let this then + be the law, having an ingredient of praise, not compelling but advising + the great body of the citizens to honour the brave men who are the + saviours of the whole state, whether by their courage or by their military + skill—they should honour them, I say, in the second place; for the + first and highest tribute of respect is to be given to those who are able + above other men to honour the words of good legislators. + </p> + <p> + The greater part of the dealings between man and man have been now + regulated by us with the exception of those that relate to orphans and the + supervision of orphans by their guardians. These follow next in order, and + must be regulated in some way. But to arrive at them we must begin with + the testamentary wishes of the dying and the case of those who may have + happened to die intestate. When I said, Cleinias, that we must regulate + them, I had in my mind the difficulty and perplexity in which all such + matters are involved. You cannot leave them unregulated, for individuals + would make regulations at variance with one another, and repugnant to the + laws and habits of the living and to their own previous habits, if a + person were simply allowed to make any will which he pleased, and this + were to take effect in whatever state he may have been at the end of his + life; for most of us lose our senses in a manner, and feel crushed when we + think that we are about to die. + </p> + <p> + CLEINIAS: What do you mean, Stranger? + </p> + <p> + ATHENIAN: O Cleinias, a man when he is about to die is an intractable + creature, and is apt to use language which causes a great deal of anxiety + and trouble to the legislator. + </p> + <p> + CLEINIAS: In what way? + </p> + <p> + ATHENIAN: He wants to have the entire control of all his property, and + will use angry words. + </p> + <p> + CLEINIAS: Such as what? + </p> + <p> + ATHENIAN: O ye Gods, he will say, how monstrous that I am not allowed to + give, or not to give, my own to whom I will—less to him who has been + bad to me, and more to him who has been good to me, and whose badness and + goodness have been tested by me in time of sickness or in old age and in + every other sort of fortune! + </p> + <p> + CLEINIAS: Well, Stranger, and may he not very fairly say so? + </p> + <p> + ATHENIAN: In my opinion, Cleinias, the ancient legislators were too + good-natured, and made laws without sufficient observation or + consideration of human things. + </p> + <p> + CLEINIAS: What do you mean? + </p> + <p> + ATHENIAN: I mean, my friend, that they were afraid of the testator's + reproaches, and so they passed a law to the effect that a man should be + allowed to dispose of his property in all respects as he liked; but you + and I, if I am not mistaken, will have something better to say to our + departing citizens. + </p> + <p> + CLEINIAS: What? + </p> + <p> + ATHENIAN: O my friends, we will say to them, hard is it for you, who are + creatures of a day, to know what is yours—hard too, as the Delphic + oracle says, to know yourselves at this hour. Now I, as the legislator, + regard you and your possessions, not as belonging to yourselves, but as + belonging to your whole family, both past and future, and yet more do I + regard both family and possessions as belonging to the state; wherefore, + if some one steals upon you with flattery, when you are tossed on the sea + of disease or old age, and persuades you to dispose of your property in a + way that is not for the best, I will not, if I can help, allow this; but I + will legislate with a view to the whole, considering what is best both for + the state and for the family, esteeming as I ought the feelings of an + individual at a lower rate; and I hope that you will depart in peace and + kindness towards us, as you are going the way of all mankind; and we will + impartially take care of all your concerns, not neglecting any of them, if + we can possibly help. Let this be our prelude and consolation to the + living and dying, Cleinias, and let the law be as follows: He who makes a + disposition in a testament, if he be the father of a family, shall first + of all inscribe as his heir any one of his sons whom he may think fit; and + if he gives any of his children to be adopted by another citizen, let the + adoption be inscribed. And if he has a son remaining over and above who + has not been adopted upon any lot, and who may be expected to be sent out + to a colony according to law, to him his father may give as much as he + pleases of the rest of his property, with the exception of the paternal + lot and the fixtures on the lot. And if there are other sons, let him + distribute among them what there is more than the lot in such portions as + he pleases. And if one of the sons has already a house of his own, he + shall not give him of the money, nor shall he give money to a daughter who + has been betrothed, but if she is not betrothed he may give her money. And + if any of the sons or daughters shall be found to have another lot of land + in the country, which has accrued after the testament has been made, they + shall leave the lot which they have inherited to the heir of the man who + has made the will. If the testator has no sons, but only daughters, let + him choose the husband of any one of his daughters whom he pleases, and + leave and inscribe him as his son and heir. And if a man have lost his + son, when he was a child, and before he could be reckoned among grown up + men, whether his own or an adopted son, let the testator make mention of + the circumstance and inscribe whom he will to be his second son in hope of + better fortune. If the testator has no children at all, he may select and + give to any one whom he pleases the tenth part of the property which he + has acquired; but let him not be blamed if he gives all the rest to his + adopted son, and makes a friend of him according to the law. If the sons + of a man require guardians, and the father when he dies leaves a will + appointing guardians, those who have been named by him, whoever they are + and whatever their number be, if they are able and willing to take charge + of the children, shall be recognised according to the provisions of the + will. But if he dies and has made no will, or a will in which he has + appointed no guardians, then the next of kin, two on the father's and two + on the mother's side, and one of the friends of the deceased, shall have + the authority of guardians, whom the guardians of the law shall appoint + when the orphans require guardians. And the fifteen eldest guardians of + the law shall have the whole care and charge of the orphans, divided into + threes according to seniority—a body of three for one year, and then + another body of three for the next year, until the cycle of the five + periods is complete; and this, as far as possible, is to continue always. + If a man dies, having made no will at all, and leaves sons who require the + care of guardians, they shall share in the protection which is afforded by + these laws. And if a man dying by some unexpected fate leaves daughters + behind him, let him pardon the legislator if when he gives them in + marriage, he have a regard only to two out of three conditions—nearness + of kin and the preservation of the lot, and omits the third condition, + which a father would naturally consider, for he would choose out of all + the citizens a son for himself, and a husband for his daughter, with a + view to his character and disposition—the father, I say, shall + forgive the legislator if he disregards this, which to him is an + impossible consideration. Let the law about these matters where + practicable be as follows: If a man dies without making a will, and leaves + behind him daughters, let his brother, being the son of the same father or + of the same mother, having no lot, marry the daughter and have the lot of + the dead man. And if he have no brother, but only a brother's son, in like + manner let them marry, if they be of a suitable age; and if there be not + even a brother's son, but only the son of a sister, let them do likewise, + and so in the fourth degree, if there be only the testator's father's + brother, or in the fifth degree, his father's brother's son, or in the + sixth degree, the child of his father's sister. Let kindred be always + reckoned in this way: if a person leaves daughters the relationship shall + proceed upwards through brothers and sisters, and brothers' and sisters' + children, and first the males shall come, and after them the females in + the same family. The judge shall consider and determine the suitableness + or unsuitableness of age in marriage; he shall make an inspection of the + males naked, and of the women naked down to the navel. And if there be a + lack of kinsmen in a family extending to grandchildren of a brother, or to + the grandchildren of a grandfather's children, the maiden may choose with + the consent of her guardians any one of the citizens who is willing and + whom she wills, and he shall be the heir of the dead man, and the husband + of his daughter. Circumstances vary, and there may sometimes be a still + greater lack of relations within the limits of the state; and if any + maiden has no kindred living in the city, and there is some one who has + been sent out to a colony, and she is disposed to make him the heir of her + father's possessions, if he be indeed of her kindred, let him proceed to + take the lot according to the regulation of the law; but if he be not of + her kindred, she having no kinsmen within the city, and he be chosen by + the daughter of the dead man, and empowered to marry by the guardians, let + him return home and take the lot of him who died intestate. And if a man + has no children, either male or female, and dies without making a will, + let the previous law in general hold; and let a man and a woman go forth + from the family and share the deserted house, and let the lot belong + absolutely to them; and let the heiress in the first degree be a sister, + and in a second degree a daughter of a brother, and in the third, a + daughter of a sister, in the fourth degree the sister of a father, and in + the fifth degree the daughter of a father's brother, and in a sixth degree + of a father's sister; and these shall dwell with their male kinsmen, + according to the degree of relationship and right, as we enacted before. + Now we must not conceal from ourselves that such laws are apt to be + oppressive and that there may sometimes be a hardship in the lawgiver + commanding the kinsman of the dead man to marry his relation; he may be + thought not to have considered the innumerable hindrances which may arise + among men in the execution of such ordinances; for there may be cases in + which the parties refuse to obey, and are ready to do anything rather than + marry, when there is some bodily or mental malady or defect among those + who are bidden to marry or be married. Persons may fancy that the + legislator never thought of this, but they are mistaken; wherefore let us + make a common prelude on behalf of the lawgiver and of his subjects, the + law begging the latter to forgive the legislator, in that he, having to + take care of the common weal, cannot order at the same time the various + circumstances of individuals, and begging him to pardon them if naturally + they are sometimes unable to fulfil the act which he in his ignorance + imposes upon them. + </p> + <p> + CLEINIAS: And how, Stranger, can we act most fairly under the + circumstances? + </p> + <p> + ATHENIAN: There must be arbiters chosen to deal with such laws and the + subjects of them. + </p> + <p> + CLEINIAS: What do you mean? + </p> + <p> + ATHENIAN: I mean to say, that a case may occur in which the nephew, having + a rich father, will be unwilling to marry the daughter of his uncle; he + will have a feeling of pride, and he will wish to look higher. And there + are cases in which the legislator will be imposing upon him the greatest + calamity, and he will be compelled to disobey the law, if he is required, + for example, to take a wife who is mad, or has some other terrible malady + of soul or body, such as makes life intolerable to the sufferer. Then let + what we are saying concerning these cases be embodied in a law: If any one + finds fault with the established laws respecting testaments, both as to + other matters and especially in what relates to marriage, and asserts that + the legislator, if he were alive and present, would not compel him to obey—that + is to say, would not compel those who are by our law required to marry or + be given in marriage, to do either—and some kinsman or guardian + dispute this, the reply is that the legislator left fifteen of the + guardians of the law to be arbiters and fathers of orphans, male or + female, and to them let the disputants have recourse, and by their aid + determine any matters of the kind, admitting their decision to be final. + But if any one thinks that too great power is thus given to the guardians + of the law, let him bring his adversaries into the court of the select + judges, and there have the points in dispute determined. And he who loses + the cause shall have censure and blame from the legislator, which, by a + man of sense, is felt to be a penalty far heavier than a great loss of + money. + </p> + <p> + Thus will orphan children have a second birth. After their first birth we + spoke of their nurture and education, and after their second birth, when + they have lost their parents, we ought to take measures that the + misfortune of orphanhood may be as little sad to them as possible. In the + first place, we say that the guardians of the law are lawgivers and + fathers to them, not inferior to their natural fathers. Moreover, they + shall take charge of them year by year as of their own kindred; and we + have given both to them and to the children's own guardians as suitable + admonition concerning the nurture of orphans. And we seem to have spoken + opportunely in our former discourse, when we said that the souls of the + dead have the power after death of taking an interest in human affairs, + about which there are many tales and traditions, long indeed, but true; + and seeing that they are so many and so ancient, we must believe them, and + we must also believe the lawgivers, who tell us that these things are + true, if they are not to be regarded as utter fools. But if these things + are really so, in the first place men should have a fear of the Gods + above, who regard the loneliness of the orphans; and in the second place + of the souls of the departed, who by nature incline to take an especial + care of their own children, and are friendly to those who honour, and + unfriendly to those who dishonour them. Men should also fear the souls of + the living who are aged and high in honour; wherever a city is well + ordered and prosperous, their descendants cherish them, and so live + happily; old persons are quick to see and hear all that relates to them, + and are propitious to those who are just in the fulfilment of such duties, + and they punish those who wrong the orphan and the desolate, considering + that they are the greatest and most sacred of trusts. To all which matters + the guardian and magistrate ought to apply his mind, if he has any, and + take heed of the nurture and education of the orphans, seeking in every + possible way to do them good, for he is making a contribution to his own + good and that of his children. He who obeys the tale which precedes the + law, and does no wrong to an orphan, will never experience the wrath of + the legislator. But he who is disobedient, and wrongs any one who is + bereft of father or mother, shall pay twice the penalty which he would + have paid if he had wronged one whose parents had been alive. As touching + other legislation concerning guardians in their relation to orphans, or + concerning magistrates and their superintendence of the guardians, if they + did not possess examples of the manner in which children of freemen would + be brought up in the bringing up of their own children, and of the care of + their property in the care of their own, or if they had not just laws + fairly stated about these very things—there would have been reason + in making laws for them, under the idea that they were a peculiar class, + and we might distinguish and make separate rules for the life of those who + are orphans and of those who are not orphans. But as the case stands, the + condition of orphans with us is not different from the case of those who + have a father, though in regard to honour and dishonour, and the attention + given to them, the two are not usually placed upon a level. Wherefore, + touching the legislation about orphans, the law speaks in serious accents, + both of persuasion and threatening, and such a threat as the following + will be by no means out of place: He who is the guardian of an orphan of + either sex, and he among the guardians of the law to whom the + superintendence of this guardian has been assigned, shall love the + unfortunate orphan as though he were his own child, and he shall be as + careful and diligent in the management of his possessions as he would be + if they were his own, or even more careful and diligent. Let every one who + has the care of an orphan observe this law. But any one who acts contrary + to the law on these matters, if he be a guardian of the child, may be + fined by a magistrate, or, if he be himself a magistrate, the guardian may + bring him before the court of select judges, and punish him, if convicted, + by exacting a fine of double the amount of that inflicted by the court. + And if a guardian appears to the relations of the orphan, or to any other + citizen, to act negligently or dishonestly, let them bring him before the + same court, and whatever damages are given against him, let him pay + fourfold, and let half belong to the orphan and half to him who procured + the conviction. If any orphan arrives at years of discretion, and thinks + that he has been ill-used by his guardians, let him within five years of + the expiration of the guardianship be allowed to bring them to trial; and + if any of them be convicted, the court shall determine what he shall pay + or suffer. And if a magistrate shall appear to have wronged the orphan by + neglect, and he be convicted, let the court determine what he shall suffer + or pay to the orphan, and if there be dishonesty in addition to neglect, + besides paying the fine, let him be deposed from his office of guardian of + the law, and let the state appoint another guardian of the law for the + city and for the country in his room. + </p> + <p> + Greater differences than there ought to be sometimes arise between fathers + and sons, on the part either of fathers who will be of opinion that the + legislator should enact that they may, if they wish, lawfully renounce + their son by the proclamation of a herald in the face of the world, or of + sons who think that they should be allowed to indict their fathers on the + charge of imbecility when they are disabled by disease or old age. These + things only happen, as a matter of fact, where the natures of men are + utterly bad; for where only half is bad, as, for example, if the father be + not bad, but the son be bad, or conversely, no great calamity is the + result of such an amount of hatred as this. In another state, a son + disowned by his father would not of necessity cease to be a citizen, but + in our state, of which these are to be the laws, the disinherited must + necessarily emigrate into another country, for no addition can be made + even of a single family to the 5040 households; and, therefore, he who + deserves to suffer these things must be renounced not only by his father, + who is a single person, but by the whole family, and what is done in these + cases must be regulated by some such law as the following: He who in the + sad disorder of his soul has a mind, justly or unjustly, to expel from his + family a son whom he has begotten and brought up, shall not lightly or at + once execute his purpose; but first of all he shall collect together his + own kinsmen, extending to cousins, and in like manner his son's kinsmen by + the mother's side, and in their presence he shall accuse his son, setting + forth that he deserves at the hands of them all to be dismissed from the + family; and the son shall be allowed to address them in a similar manner, + and show that he does not deserve to suffer any of these things. And if + the father persuades them, and obtains the suffrages of more than half of + his kindred, exclusive of the father and mother and the offender himself—I + say, if he obtains more than half the suffrages of all the other grown-up + members of the family, of both sexes, the father shall be permitted to put + away his son, but not otherwise. And if any other citizen is willing to + adopt the son who is put away, no law shall hinder him; for the characters + of young men are subject to many changes in the course of their lives. And + if he has been put away, and in a period of ten years no one is willing to + adopt him, let those who have the care of the superabundant population + which is sent out into colonies, see to him, in order that he may be + suitably provided for in the colony. And if disease or age or harshness of + temper, or all these together, makes a man to be more out of his mind than + the rest of the world are—but this is not observable, except to + those who live with him—and he, being master of his property, is the + ruin of the house, and his son doubts and hesitates about indicting his + father for insanity, let the law in that case ordain that he shall first + of all go to the eldest guardians of the law and tell them of his father's + misfortune, and they shall duly look into the matter, and take counsel as + to whether he shall indict him or not. And if they advise him to proceed, + they shall be both his witnesses and his advocates; and if the father is + cast, he shall henceforth be incapable of ordering the least particular of + his life; let him be as a child dwelling in the house for the remainder of + his days. And if a man and his wife have an unfortunate incompatibility of + temper, ten of the guardians of the law, who are impartial, and ten of the + women who regulate marriages, shall look to the matter, and if they are + able to reconcile them they shall be formally reconciled; but if their + souls are too much tossed with passion, they shall endeavour to find other + partners. Now they are not likely to have very gentle tempers; and, + therefore, we must endeavour to associate with them deeper and softer + natures. Those who have no children, or only a few, at the time of their + separation, should choose their new partners with a view to the + procreation of children; but those who have a sufficient number of + children should separate and marry again in order that they may have some + one to grow old with and that the pair may take care of one another in + age. If a woman dies, leaving children, male or female, the law will + advise rather than compel the husband to bring up the children without + introducing into the house a stepmother. But if he have no children, then + he shall be compelled to marry until he has begotten a sufficient number + of sons to his family and to the state. And if a man dies leaving a + sufficient number of children, the mother of his children shall remain + with them and bring them up. But if she appears to be too young to live + virtuously without a husband, let her relations communicate with the women + who superintend marriage, and let both together do what they think best in + these matters; if there is a lack of children, let the choice be made with + a view to having them; two children, one of either sex, shall be deemed + sufficient in the eye of the law. When a child is admitted to be the + offspring of certain parents and is acknowledged by them, but there is + need of a decision as to which parent the child is to follow—in case + a female slave have intercourse with a male slave, or with a freeman or + freedman, the offspring shall always belong to the master of the female + slave. Again, if a free woman have intercourse with a male slave, the + offspring shall belong to the master of the slave; but if a child be born + either of a slave by her master, or of his mistress by a slave—and + this be proven—the offspring of the woman and its father shall be + sent away by the women who superintend marriage into another country, and + the guardians of the law shall send away the offspring of the man and its + mother. + </p> + <p> + Neither God, nor a man who has understanding, will ever advise any one to + neglect his parents. To a discourse concerning the honour and dishonour of + parents, a prelude such as the following, about the service of the Gods, + will be a suitable introduction: There are ancient customs about the Gods + which are universal, and they are of two kinds: some of the Gods we see + with our eyes and we honour them, of others we honour the images, raising + statues of them which we adore; and though they are lifeless, yet we + imagine that the living Gods have a good will and gratitude to us on this + account. Now, if a man has a father or mother, or their fathers or mothers + treasured up in his house stricken in years, let him consider that no + statue can be more potent to grant his requests than they are, who are + sitting at his hearth, if only he knows how to show true service to them. + </p> + <p> + CLEINIAS: And what do you call the true mode of service? + </p> + <p> + ATHENIAN: I will tell you, O my friend, for such things are worth + listening to. + </p> + <p> + CLEINIAS: Proceed. + </p> + <p> + ATHENIAN: Oedipus, as tradition says, when dishonoured by his sons, + invoked on them curses which every one declares to have been heard and + ratified by the Gods, and Amyntor in his wrath invoked curses on his son + Phoenix, and Theseus upon Hippolytus, and innumerable others have also + called down wrath upon their children, whence it is clear that the Gods + listen to the imprecations of parents; for the curses of parents are, as + they ought to be, mighty against their children as no others are. And + shall we suppose that the prayers of a father or mother who is specially + dishonoured by his or her children, are heard by the Gods in accordance + with nature; and that if a parent is honoured by them, and in the gladness + of his heart earnestly entreats the Gods in his prayers to do them good, + he is not equally heard, and that they do not minister to his request? If + not, they would be very unjust ministers of good, and that we affirm to be + contrary to their nature. + </p> + <p> + CLEINIAS: Certainly. + </p> + <p> + ATHENIAN: May we not think, as I was saying just now, that we can possess + no image which is more honoured by the Gods, than that of a father or + grandfather, or of a mother stricken in years? whom when a man honours, + the heart of the God rejoices, and he is ready to answer their prayers. + And, truly, the figure of an ancestor is a wonderful thing, far higher + than that of a lifeless image. For the living, when they are honoured by + us, join in our prayers, and when they are dishonoured, they utter + imprecations against us; but lifeless objects do neither. And therefore, + if a man makes a right use of his father and grandfather and other aged + relations, he will have images which above all others will win him the + favour of the Gods. + </p> + <p> + CLEINIAS: Excellent. + </p> + <p> + ATHENIAN: Every man of any understanding fears and respects the prayers of + parents, knowing well that many times and to many persons they have been + accomplished. Now these things being thus ordered by nature, good men + think it a blessing from heaven if their parents live to old age and reach + the utmost limit of human life, or if taken away before their time they + are deeply regretted by them; but to bad men parents are always a cause of + terror. Wherefore let every man honour with every sort of lawful honour + his own parents, agreeably to what has now been said. But if this prelude + be an unmeaning sound in the ears of any one, let the law follow, which + may be rightly imposed in these terms: If any one in this city be not + sufficiently careful of his parents, and do not regard and gratify in + every respect their wishes more than those of his sons and of his other + offspring or of himself—let him who experiences this sort of + treatment either come himself, or send some one to inform the three eldest + guardians of the law, and three of the women who have the care of + marriages; and let them look to the matter and punish youthful evil-doers + with stripes and bonds if they are under thirty years of age, that is to + say, if they be men, or if they be women, let them undergo the same + punishment up to forty years of age. But if, when they are still more + advanced in years, they continue the same neglect of their parents, and do + any hurt to any of them, let them be brought before a court in which every + single one of the eldest citizens shall be the judges, and if the offender + be convicted, let the court determine what he ought to pay or suffer, and + any penalty may be imposed on him which a man can pay or suffer. If the + person who has been wronged be unable to inform the magistrates, let any + freeman who hears of his case inform, and if he do not, he shall be deemed + base, and shall be liable to have a suit for damage brought against him by + any one who likes. And if a slave inform, he shall receive freedom; and if + he be the slave of the injurer or injured party, he shall be set free by + the magistrates, or if he belong to any other citizen, the public shall + pay a price on his behalf to the owner; and let the magistrates take heed + that no one wrongs him out of revenge, because he has given information. + </p> + <p> + Cases in which one man injures another by poisons, and which prove fatal, + have been already discussed; but about other cases in which a person + intentionally and of malice harms another with meats, or drinks, or + ointments, nothing has as yet been determined. For there are two kinds of + poisons used among men, which cannot clearly be distinguished. There is + the kind just now explicitly mentioned, which injures bodies by the use of + other bodies according to a natural law; there is also another kind which + persuades the more daring class that they can do injury by sorceries, and + incantations, and magic knots, as they are termed, and makes others + believe that they above all persons are injured by the powers of the + magician. Now it is not easy to know the nature of all these things; nor + if a man do know can he readily persuade others to believe him. And when + men are disturbed in their minds at the sight of waxen images fixed either + at their doors, or in a place where three ways meet, or on the sepulchres + of parents, there is no use in trying to persuade them that they should + despise all such things because they have no certain knowledge about them. + But we must have a law in two parts, concerning poisoning, in whichever of + the two ways the attempt is made, and we must entreat, and exhort, and + advise men not to have recourse to such practises, by which they scare the + multitude out of their wits, as if they were children, compelling the + legislator and the judge to heal the fears which the sorcerer arouses, and + to tell them in the first place, that he who attempts to poison or enchant + others knows not what he is doing, either as regards the body (unless he + has a knowledge of medicine), or as regards his enchantments (unless he + happens to be a prophet or diviner). Let the law, then, run as follows + about poisoning or witchcraft: He who employs poison to do any injury, not + fatal, to a man himself, or to his servants, or any injury, whether fatal + or not, to his cattle or his bees, if he be a physician, and be convicted + of poisoning, shall be punished with death; or if he be a private person, + the court shall determine what he is to pay or suffer. But he who seems to + be the sort of man who injures others by magic knots, or enchantments, or + incantations, or any of the like practices, if he be a prophet or diviner, + let him die; and if, not being a prophet, he be convicted of witchcraft, + as in the previous case, let the court fix what he ought to pay or suffer. + </p> + <p> + When a man does another any injury by theft or violence, for the greater + injury let him pay greater damages to the injured man, and less for the + smaller injury; but in all cases, whatever the injury may have been, as + much as will compensate the loss. And besides the compensation of the + wrong, let a man pay a further penalty for the chastisement of his + offence: he who has done the wrong instigated by the folly of another, + through the lightheartedness of youth or the like, shall pay a lighter + penalty; but he who has injured another through his own folly, when + overcome by pleasure or pain, in cowardly fear, or lust, or envy, or + implacable anger, shall endure a heavier punishment. Not that he is + punished because he did wrong, for that which is done can never be undone, + but in order that in future times, he, and those who see him corrected, + may utterly hate injustice, or at any rate abate much of their evil-doing. + Having an eye to all these things, the law, like a good archer, should aim + at the right measure of punishment, and in all cases at the deserved + punishment. In the attainment of this the judge shall be a fellow-worker + with the legislator, whenever the law leaves to him to determine what the + offender shall suffer or pay; and the legislator, like a painter, shall + give a rough sketch of the cases in which the law is to be applied. This + is what we must do, Megillus and Cleinias, in the best and fairest manner + that we can, saying what the punishments are to be of all actions of theft + and violence, and giving laws of such a kind as the Gods and sons of Gods + would have us give. + </p> + <p> + If a man is mad he shall not be at large in the city, but his relations + shall keep him at home in any way which they can; or if not, let them pay + a penalty—he who is of the highest class shall pay a penalty of one + hundred drachmas, whether he be a slave or a freeman whom he neglects; and + he of the second class shall pay four-fifths of a mina; and he of the + third class three-fifths; and he of the fourth class two-fifths. Now there + are many sorts of madness, some arising out of disease, which we have + already mentioned; and there are other kinds, which originate in an evil + and passionate temperament, and are increased by bad education; out of a + slight quarrel this class of madmen will often raise a storm of abuse + against one another, and nothing of that sort ought to be allowed to occur + in a well-ordered state. Let this, then, be the law about abuse, which + shall relate to all cases: No one shall speak evil of another; and when a + man disputes with another he shall teach and learn of the disputant and + the company, but he shall abstain from evil-speaking; for out of the + imprecations which men utter against one another, and the feminine habit + of casting aspersions on one another, and using foul names, out of words + light as air, in very deed the greatest enmities and hatreds spring up. + For the speaker gratifies his anger, which is an ungracious element of his + nature; and nursing up his wrath by the entertainment of evil thoughts, + and exacerbating that part of his soul which was formerly civilised by + education, he lives in a state of savageness and moroseness, and pays a + bitter penalty for his anger. And in such cases almost all men take to + saying something ridiculous about their opponent, and there is no man who + is in the habit of laughing at another who does not miss virtue and + earnestness altogether, or lose the better half of greatness. Wherefore + let no one utter any taunting word at a temple, or at the public + sacrifices, or at the games, or in the agora, or in a court of justice, or + in any public assembly. And let the magistrate who presides on these + occasions chastise an offender, and he shall be blameless; but if he fails + in doing so, he shall not claim the prize of virtue; for he is one who + heeds not the laws, and does not do what the legislator commands. And if + in any other place any one indulges in these sort of revilings, whether he + has begun the quarrel or is only retaliating, let any elder who is present + support the law, and control with blows those who indulge in passion, + which is another great evil; and if he do not, let him be liable to pay + the appointed penalty. And we say now, that he who deals in reproaches + against others cannot reproach them without attempting to ridicule them; + and this, when done in a moment of anger, is what we make matter of + reproach against him. But then, do we admit into our state the comic + writers who are so fond of making mankind ridiculous, if they attempt in a + good-natured manner to turn the laugh against our citizens? or do we draw + the distinction of jest and earnest, and allow a man to make use of + ridicule in jest and without anger about any thing or person; though as we + were saying, not if he be angry and have a set purpose? We forbid earnest—that + is unalterably fixed; but we have still to say who are to be sanctioned or + not to be sanctioned by the law in the employment of innocent humour. A + comic poet, or maker of iambic or satirical lyric verse, shall not be + permitted to ridicule any of the citizens, either by word or likeness, + either in anger or without anger. And if any one is disobedient, the + judges shall either at once expel him from the country, or he shall pay a + fine of three minae, which shall be dedicated to the God who presides over + the contests. Those only who have received permission shall be allowed to + write verses at one another, but they shall be without anger and in jest; + in anger and in serious earnest they shall not be allowed. The decision of + this matter shall be left to the superintendent of the general education + of the young, and whatever he may license, the writer shall be allowed to + produce, and whatever he rejects let not the poet himself exhibit, or ever + teach anybody else, slave or freeman, under the penalty of being + dishonoured, and held disobedient to the laws. + </p> + <p> + Now he is not to be pitied who is hungry, or who suffers any bodily pain, + but he who is temperate, or has some other virtue, or part of a virtue, + and at the same time suffers from misfortune; it would be an extraordinary + thing if such an one, whether slave or freeman, were utterly forsaken and + fell into the extremes of poverty in any tolerably well-ordered city or + government. Wherefore the legislator may safely make a law applicable to + such cases in the following terms: Let there be no beggars in our state; + and if anybody begs, seeking to pick up a livelihood by unavailing + prayers, let the wardens of the agora turn him out of the agora, and the + wardens of the city out of the city, and the wardens of the country send + him out of any other parts of the land across the border, in order that + the land may be cleared of this sort of animal. + </p> + <p> + If a slave of either sex injure anything, which is not his or her own, + through inexperience, or some improper practice, and the person who + suffers damage be not himself in part to blame, the master of the slave + who has done the harm shall either make full satisfaction, or give up the + slave who has done the injury. But if the master argue that the charge has + arisen by collusion between the injured party and the injurer, with the + view of obtaining the slave, let him sue the person, who says that he has + been injured, for malpractices. And if he gain a conviction, let him + receive double the value which the court fixes as the price of the slave; + and if he lose his suit, let him make amends for the injury, and give up + the slave. And if a beast of burden, or horse, or dog, or any other + animal, injure the property of a neighbour, the owner shall in like manner + pay for the injury. + </p> + <p> + If any man refuses to be a witness, he who wants him shall summon him, and + he who is summoned shall come to the trial; and if he knows and is willing + to bear witness, let him bear witness, but if he says he does not know let + him swear by the three divinities Zeus, and Apollo, and Themis, that he + does not, and have no more to do with the cause. And he who is summoned to + give witness and does not answer to his summoner, shall be liable for the + harm which ensues according to law. And if a person calls up as a witness + any one who is acting as a judge, let him give his witness, but he shall + not afterwards vote in the cause. A free woman may give her witness and + plead, if she be more than forty years of age, and may bring an action if + she have no husband; but if her husband be alive she shall only be allowed + to bear witness. A slave of either sex and a child shall be allowed to + give evidence and to plead, but only in cases of murder; and they must + produce sufficient sureties that they will certainly remain until the + trial, in case they should be charged with false witness. And either of + the parties in a cause may bring an accusation of perjury against + witnesses, touching their evidence in whole or in part, if he asserts that + such evidence has been given; but the accusation must be brought previous + to the final decision of the cause. The magistrates shall preserve the + accusations of false witness, and have them kept under the seal of both + parties, and produce them on the day when the trial for false witness + takes place. If a man be twice convicted of false witness, he shall not be + required, and if thrice, he shall not be allowed to bear witness; and if + he dare to witness after he has been convicted three times, let any one + who pleases inform against him to the magistrates, and let the magistrates + hand him over to the court, and if he be convicted he shall be punished + with death. And in any case in which the evidence is rightly found to be + false, and yet to have given the victory to him who wins the suit, and + more than half the witnesses are condemned, the decision which was gained + by these means shall be rescinded, and there shall be a discussion and a + decision as to whether the suit was determined by that false evidence or + not; and in whichever way the decision may be given, the previous suit + shall be determined accordingly. + </p> + <p> + There are many noble things in human life, but to most of them attach + evils which are fated to corrupt and spoil them. Is not justice noble, + which has been the civiliser of humanity? How then can the advocate of + justice be other than noble? And yet upon this profession which is + presented to us under the fair name of art has come an evil reputation. In + the first place, we are told that by ingenious pleas and the help of an + advocate the law enables a man to win a particular cause, whether just or + unjust; and that both the art, and the power of speech which is thereby + imparted, are at the service of him who is willing to pay for them. Now in + our state this so-called art, whether really an art or only an experience + and practice destitute of any art, ought if possible never to come into + existence, or if existing among us should listen to the request of the + legislator and go away into another land, and not speak contrary to + justice. If the offenders obey we say no more; but for those who disobey, + the voice of the law is as follows: If any one thinks that he will pervert + the power of justice in the minds of the judges, and unseasonably litigate + or advocate, let any one who likes indict him for malpractices of law and + dishonest advocacy, and let him be judged in the court of select judges; + and if he be convicted, let the court determine whether he may be supposed + to act from a love of money or from contentiousness. And if he is supposed + to act from contentiousness, the court shall fix a time during which he + shall not be allowed to institute or plead a cause; and if he is supposed + to act as he does from love of money, in case he be a stranger, he shall + leave the country, and never return under penalty of death; but if he be a + citizen, he shall die, because he is a lover of money, in whatever manner + gained; and equally, if he be judged to have acted more than once from + contentiousness, he shall die. + </p> + <p> + <a name="link2H_4_0015" id="link2H_4_0015"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + BOOK XII. + </h2> + <p> + If a herald or an ambassador carry a false message from our city to any + other, or bring back a false message from the city to which he is sent, or + be proved to have brought back, whether from friends or enemies, in his + capacity of herald or ambassador, what they have never said, let him be + indicted for having violated, contrary to the law, the commands and duties + imposed upon him by Hermes and Zeus, and let there be a penalty fixed, + which he shall suffer or pay if he be convicted. + </p> + <p> + Theft is a mean, and robbery a shameless thing; and none of the sons of + Zeus delight in fraud and violence, or ever practised either. Wherefore + let no one be deluded by poets or mythologers into a mistaken belief of + such things, nor let him suppose, when he thieves or is guilty of + violence, that he is doing nothing base, but only what the Gods themselves + do. For such tales are untrue and improbable; and he who steals or robs + contrary to the law, is never either a God or the son of a God; of this + the legislator ought to be better informed than all the poets put + together. Happy is he and may he be for ever happy, who is persuaded and + listens to our words; but he who disobeys shall have to contend against + the following law: If a man steal anything belonging to the public, + whether that which he steals be much or little, he shall have the same + punishment. For he who steals a little steals with the same wish as he who + steals much, but with less power, and he who takes up a greater amount, + not having deposited it, is wholly unjust. Wherefore the law is not + disposed to inflict a less penalty on the one than on the other because + his theft is less, but on the ground that the thief may possibly be in one + case still curable, and may in another case be incurable. If any one + convict in a court of law a stranger or a slave of a theft of public + property, let the court determine what punishment he shall suffer, or what + penalty he shall pay, bearing in mind that he is probably not incurable. + But the citizen who has been brought up as our citizens will have been, if + he be found guilty of robbing his country by fraud or violence, whether he + be caught in the act or not, shall be punished with death; for he is + incurable. + </p> + <p> + Now for expeditions of war much consideration and many laws are required; + the great principle of all is that no one of either sex should be without + a commander; nor should the mind of any one be accustomed to do anything, + either in jest or earnest, of his own motion, but in war and in peace he + should look to and follow his leader, even in the least things being under + his guidance; for example, he should stand or move, or exercise, or wash, + or take his meals, or get up in the night to keep guard and deliver + messages when he is bidden; and in the hour of danger he should not pursue + and not retreat except by order of his superior; and in a word, not teach + the soul or accustom her to know or understand how to do anything apart + from others. Of all soldiers the life should be always and in all things + as far as possible in common and together; there neither is nor ever will + be a higher, or better, or more scientific principle than this for the + attainment of salvation and victory in war. And we ought in time of peace + from youth upwards to practise this habit of commanding others, and of + being commanded by others; anarchy should have no place in the life of man + or of the beasts who are subject to man. I may add that all dances ought + to be performed with a view to military excellence; and agility and ease + should be cultivated for the same object, and also endurance of the want + of meats and drinks, and of winter cold and summer heat, and of hard + couches; and, above all, care should be taken not to destroy the peculiar + qualities of the head and the feet by surrounding them with extraneous + coverings, and so hindering their natural growth of hair and soles. For + these are the extremities, and of all the parts of the body, whether they + are preserved or not is of the greatest consequence; the one is the + servant of the whole body, and the other the master, in whom all the + ruling senses are by nature set. Let the young men imagine that he hears + in what has preceded the praises of the military life; the law shall be as + follows: He shall serve in war who is on the roll or appointed to some + special service, and if any one is absent from cowardice, and without the + leave of the generals, he shall be indicted before the military commanders + for failure of service when the army comes home; and the soldiers shall be + his judges; the heavy-armed, and the cavalry, and the other arms of the + service shall form separate courts; and they shall bring the heavy-armed + before the heavy-armed, and the horsemen before the horsemen, and the + others in like manner before their peers; and he who is found guilty shall + never be allowed to compete for any prize of valour, or indict another for + not serving on an expedition, or be an accuser at all in any military + matters. Moreover, the court shall further determine what punishment he + shall suffer, or what penalty he shall pay. When the suits for failure of + service are completed, the leaders of the several kinds of troops shall + again hold an assembly, and they shall adjudge the prizes of valour; and + he who likes searching for judgment in his own branch of the service, + saying nothing about any former expedition, nor producing any proof or + witnesses to confirm his statement, but speaking only of the present + occasion. The crown of victory shall be an olive wreath which the victor + shall offer up at the temple of any war-god whom he likes, adding an + inscription for a testimony to last during life, that such an one has + received the first, the second, or the third prize. If any one goes on an + expedition, and returns home before the appointed time, when the generals + have not withdrawn the army, he shall be indicted for desertion before the + same persons who took cognizance of failure of service, and if he be found + guilty, the same punishment shall be inflicted on him. Now every man who + is engaged in any suit ought to be very careful of bringing false witness + against any one, either intentionally or unintentionally, if he can help; + for justice is truly said to be an honourable maiden, and falsehood is + naturally repugnant to honour and justice. A witness ought to be very + careful not to sin against justice, as for example in what relates to the + throwing away of arms—he must distinguish the throwing them away + when necessary, and not make that a reproach, or bring an action against + some innocent person on that account. To make the distinction may be + difficult; but still the law must attempt to define the different kinds in + some way. Let me endeavour to explain my meaning by an ancient tale: If + Patroclus had been brought to the tent still alive but without his arms + (and this has happened to innumerable persons), the original arms, which + the poet says were presented to Peleus by the Gods as a nuptial gift when + he married Thetis, remaining in the hands of Hector, then the base spirits + of that day might have reproached the son of Menoetius with having cast + away his arms. Again, there is the case of those who have been thrown down + precipices and lost their arms; and of those who at sea, and in stormy + places, have been suddenly overwhelmed by floods of water; and there are + numberless things of this kind which one might adduce by way of + extenuation, and with the view of justifying a misfortune which is easily + misrepresented. We must, therefore, endeavour to divide to the best of our + power the greater and more serious evil from the lesser. And a distinction + may be drawn in the use of terms of reproach. A man does not always + deserve to be called the thrower away of his shield; he may be only the + loser of his arms. For there is a great or rather absolute difference + between him who is deprived of his arms by a sufficient force, and him who + voluntarily lets his shield go. Let the law then be as follows: If a + person having arms is overtaken by the enemy and does not turn round and + defend himself, but lets them go voluntarily or throws them away, choosing + a base life and a swift escape rather than a courageous and noble and + blessed death—in such a case of the throwing away of arms let + justice be done, but the judge need take no note of the case just now + mentioned; for the bad men ought always to be punished, in the hope that + he may be improved, but not the unfortunate, for there is no advantage in + that. And what shall be the punishment suited to him who has thrown away + his weapons of defence? Tradition says that Caeneus, the Thessalian, was + changed by a God from a woman into a man; but the converse miracle cannot + now be wrought, or no punishment would be more proper than that the man + who throws away his shield should be changed into a woman. This however is + impossible, and therefore let us make a law as nearly like this as we can—that + he who loves his life too well shall be in no danger for the remainder of + his days, but shall live for ever under the stigma of cowardice. And let + the law be in the following terms: When a man is found guilty of + disgracefully throwing away his arms in war, no general or military + officer shall allow him to serve as a soldier, or give him any place at + all in the ranks of soldiers; and the officer who gives the coward any + place, shall suffer a penalty which the public examiner shall exact of + him; and if he be of the highest class, he shall pay a thousand drachmae; + or if he be of the second class, five minae; or if he be of the third, + three minae; or if he be of the fourth class, one mina. And he who is + found guilty of cowardice, shall not only be dismissed from manly dangers, + which is a disgrace appropriate to his nature, but he shall pay a thousand + drachmae, if he be of the highest class, and five minae if he be of the + second class, and three if he be of the third class, and a mina, like the + preceding, if he be of the fourth class. + </p> + <p> + What regulations will be proper about examiners, seeing that some of our + magistrates are elected by lot, and for a year, and some for a longer time + and from selected persons? Of such magistrates, who will be a sufficient + censor or examiner, if any of them, weighed down by the pressure of office + or his own inability to support the dignity of his office, be guilty of + any crooked practice? It is by no means easy to find a magistrate who + excels other magistrates in virtue, but still we must endeavour to + discover some censor or examiner who is more than man. For the truth is, + that there are many elements of dissolution in a state, as there are also + in a ship, or in an animal; they all have their cords, and girders, and + sinews—one nature diffused in many places, and called by many names; + and the office of examiner is a most important element in the preservation + and dissolution of states. For if the examiners are better than the + magistrates, and their duty is fulfilled justly and without blame, then + the whole state and country flourishes and is happy; but if the + examination of the magistrates is carried on in a wrong way, then, by the + relaxation of that justice which is the uniting principle of all + constitutions, every power in the state is rent asunder from every other; + they no longer incline in the same direction, but fill the city with + faction, and make many cities out of one, and soon bring all to + destruction. Wherefore the examiners ought to be admirable in every sort + of virtue. Let us invent a mode of creating them, which shall be as + follows: Every year, after the summer solstice, the whole city shall meet + in the common precincts of Helios and Apollo, and shall present to the God + three men out of their own number in the manner following: Each citizen + shall select, not himself, but some other citizen whom he deems in every + way the best, and who is not less than fifty years of age. And out of the + selected persons who have the greatest number of votes, they shall make a + further selection until they reduce them to one-half, if they are an even + number; but if they are not an even number, they shall subtract the one + who has the smallest number of votes, and make them an even number, and + then leave the half which have the greater number of votes. And if two + persons have an equal number of votes, and thus increase the number beyond + one-half, they shall withdraw the younger of the two and do away the + excess; and then including all the rest they shall again vote, until there + are left three having an unequal number of votes. But if all the three, or + two out of the three, have equal votes, let them commit the election to + good fate and fortune, and separate off by lot the first, and the second, + and the third; these they shall crown with an olive wreath and give them + the prize of excellence, at the same time proclaiming to all the world + that the city of the Magnetes, by the providence of the Gods, is again + preserved, and presents to the Sun and to Apollo her three best men as + first-fruits, to be a common offering to them, according to the ancient + law, as long as their lives answer to the judgment formed of them. And + these shall appoint in their first year twelve examiners, to continue + until each has completed seventy-five years, to whom three shall + afterwards be added yearly; and let these divide all the magistracies into + twelve parts, and prove the holders of them by every sort of test to which + a freeman may be subjected; and let them live while they hold office in + the precinct of Helios and Apollo, in which they were chosen, and let each + one form a judgment of some things individually, and of others in company + with his colleagues; and let him place a writing in the agora about each + magistracy, and what the magistrate ought to suffer or pay, according to + the decision of the examiners. And if a magistrate does not admit that he + has been justly judged, let him bring the examiners before the select + judges, and if he be acquitted by their decision, let him, if he will, + accuse the examiners themselves; if, however, he be convicted, and have + been condemned to death by the examiners, let him die (and of course he + can only die once): but any other penalties which admit of being doubled + let him suffer twice over. + </p> + <p> + And now let us pass under review the examiners themselves; what will their + examination be, and how conducted? During the life of these men, whom the + whole state counts worthy of the rewards of virtue, they shall have the + first seat at all public assemblies, and at all Hellenic sacrifices and + sacred missions, and other public and holy ceremonies in which they share. + The chiefs of each sacred mission shall be selected from them, and they + only of all the citizens shall be adorned with a crown of laurel; they + shall all be priests of Apollo and Helios; and one of them, who is judged + first of the priests created in that year, shall be high priest; and they + shall write up his name in each year to be a measure of time as long as + the city lasts; and after their death they shall be laid out and carried + to the grave and entombed in a manner different from the other citizens. + They shall be decked in a robe all of white, and there shall be no crying + or lamentation over them; but a chorus of fifteen maidens, and another of + boys, shall stand around the bier on either side, hymning the praises of + the departed priests in alternate responses, declaring their blessedness + in song all day long; and at dawn a hundred of the youths who practise + gymnastic exercises, and whom the relations of the departed shall choose, + shall carry the bier to the sepulchre, the young men marching first, + dressed in the garb of warriors—the cavalry with their horses, the + heavy-armed with their arms, and the others in like manner. And boys near + the bier and in front of it shall sing their national hymn, and maidens + shall follow behind, and with them the women who have passed the age of + child-bearing; next, although they are interdicted from other burials, let + priests and priestesses follow, unless the Pythian oracle forbid them; for + this burial is free from pollution. The place of burial shall be an oblong + vaulted chamber underground, constructed of tufa, which will last for + ever, having stone couches placed side by side. And here they will lay the + blessed person, and cover the sepulchre with a circular mound of earth and + plant a grove of trees around on every side but one; and on that side the + sepulchre shall be allowed to extend for ever, and a new mound will not be + required. Every year they shall have contests in music and gymnastics, and + in horsemanship, in honour of the dead. These are the honours which shall + be given to those who at the examination are found blameless; but if any + of them, trusting to the scrutiny being over, should, after the judgment + has been given, manifest the wickedness of human nature, let the law + ordain that he who pleases shall indict him, and let the cause be tried in + the following manner. In the first place, the court shall be composed of + the guardians of the law, and to them the surviving examiners shall be + added, as well as the court of select judges; and let the pursuer lay his + indictment in this form—he shall say that so-and-so is unworthy of + the prize of virtue and of his office; and if the defendant be convicted + let him be deprived of his office, and of the burial, and of the other + honours given him. But if the prosecutor do not obtain the fifth part of + the votes, let him, if he be of the first-class, pay twelve minae, and + eight if he be of the second class, and six if he be of the third class, + and two minae if he be of the fourth class. + </p> + <p> + The so-called decision of Rhadamanthus is worthy of all admiration. He + knew that the men of his own time believed and had no doubt that there + were Gods, which was a reasonable belief in those days, because most men + were the sons of Gods, and according to tradition he was one himself. He + appears to have thought that he ought to commit judgment to no man, but to + the Gods only, and in this way suits were simply and speedily decided by + him. For he made the two parties take an oath respecting the points in + dispute, and so got rid of the matter speedily and safely. But now that a + certain portion of mankind do not believe at all in the existence of the + Gods, and others imagine that they have no care of us, and the opinion of + most men, and of the worst men, is that in return for a small sacrifice + and a few flattering words they will be their accomplices in purloining + large sums and save them from many terrible punishments, the way of + Rhadamanthus is no longer suited to the needs of justice; for as the + opinions of men about the Gods are changed, the laws should also be + changed—in the granting of suits a rational legislation ought to do + away with the oaths of the parties on either side—he who obtains + leave to bring an action should write down the charges, but should not add + an oath; and the defendant in like manner should give his denial to the + magistrates in writing, and not swear; for it is a dreadful thing to know, + when many lawsuits are going on in a state, that almost half the people + who meet one another quite unconcernedly at the public meals and in other + companies and relations of private life are perjured. Let the law, then, + be as follows: A judge who is about to give judgment shall take an oath, + and he who is choosing magistrates for the state shall either vote on oath + or with a voting tablet which he brings from a temple; so too the judge of + dances and of all music, and the superintendents and umpires of gymnastic + and equestrian contests, and any matters in which, as far as men can + judge, there is nothing to be gained by a false oath; but all cases in + which a denial confirmed by an oath clearly results in a great advantage + to the taker of the oath, shall be decided without the oath of the parties + to the suit, and the presiding judges shall not permit either of them to + use an oath for the sake of persuading, nor to call down curses on himself + and his race, nor to use unseemly supplications or womanish laments. But + they shall ever be teaching and learning what is just in auspicious words; + and he who does otherwise shall be supposed to speak beside the point, and + the judges shall again bring him back to the question at issue. On the + other hand, strangers in their dealings with strangers shall as at present + have power to give and receive oaths, for they will not often grow old in + the city or leave a fry of young ones like themselves to be the sons and + heirs of the land. + </p> + <p> + As to the initiation of private suits, let the manner of deciding causes + between all citizens be the same as in cases in which any freeman is + disobedient to the state in minor matters, of which the penalty is not + stripes, imprisonment, or death. But as regards attendance at choruses or + processions or other shows, and as regards public services, whether the + celebration of sacrifice in peace, or the payment of contributions in war—in + all these cases, first comes the necessity of providing a remedy for the + loss; and by those who will not obey, there shall be security given to the + officers whom the city and the law empower to exact the sum due; and if + they forfeit their security, let the goods which they have pledged be sold + and the money given to the city; but if they ought to pay a larger sum, + the several magistrates shall impose upon the disobedient a suitable + penalty, and bring them before the court, until they are willing to do + what they are ordered. + </p> + <p> + Now a state which makes money from the cultivation of the soil only, and + has no foreign trade, must consider what it will do about the emigration + of its own people to other countries, and the reception of strangers from + elsewhere. About these matters the legislator has to consider, and he will + begin by trying to persuade men as far as he can. The intercourse of + cities with one another is apt to create a confusion of manners; strangers + are always suggesting novelties to strangers. When states are well + governed by good laws the mixture causes the greatest possible injury; but + seeing that most cities are the reverse of well-ordered, the confusion + which arises in them from the reception of strangers, and from the + citizens themselves rushing off into other cities, when any one either + young or old desires to travel anywhere abroad at whatever time, is of no + consequence. On the other hand, the refusal of states to receive others, + and for their own citizens never to go to other places, is an utter + impossibility, and to the rest of the world is likely to appear ruthless + and uncivilised; it is a practice adopted by people who use harsh words, + such as xenelasia or banishment of strangers, and who have harsh and + morose ways, as men think. And to be thought or not to be thought well of + by the rest of the world is no light matter; for the many are not so far + wrong in their judgment of who are bad and who are good, as they are + removed from the nature of virtue in themselves. Even bad men have a + divine instinct which guesses rightly, and very many who are utterly + depraved form correct notions and judgments of the differences between the + good and bad. And the generality of cities are quite right in exhorting us + to value a good reputation in the world, for there is no truth greater and + more important than this—that he who is really good (I am speaking + of the men who would be perfect) seeks for reputation with, but not + without, the reality of goodness. And our Cretan colony ought also to + acquire the fairest and noblest reputation for virtue from other men; and + there is every reason to expect that, if the reality answers to the idea, + she will be one of the few well-ordered cities which the sun and the other + Gods behold. Wherefore, in the matter of journeys to other countries and + the reception of strangers, we enact as follows: In the first place, let + no one be allowed to go anywhere at all into a foreign country who is less + than forty years of age; and no one shall go in a private capacity, but + only in some public one, as a herald, or on an embassy, or on a sacred + mission. Going abroad on an expedition or in war is not to be included + among travels of the class authorised by the state. To Apollo at Delphi + and to Zeus at Olympia and to Nemea and to the Isthmus, citizens should be + sent to take part in the sacrifices and games there dedicated to the Gods; + and they should send as many as possible, and the best and fairest that + can be found, and they will make the city renowned at holy meetings in + time of peace, procuring a glory which shall be the converse of that which + is gained in war; and when they come home they shall teach the young that + the institutions of other states are inferior to their own. And they shall + send spectators of another sort, if they have the consent of the + guardians, being such citizens as desire to look a little more at leisure + at the doings of other men; and these no law shall hinder. For a city + which has no experience of good and bad men or intercourse with them, can + never be thoroughly and perfectly civilised, nor, again, can the citizens + of a city properly observe the laws by habit only, and without an + intelligent understanding of them. And there always are in the world a few + inspired men whose acquaintance is beyond price, and who spring up quite + as much in ill-ordered as in well-ordered cities. These are they whom the + citizens of a well-ordered city should be ever seeking out, going forth + over sea and over land to find him who is incorruptible—that he may + establish more firmly institutions in his own state which are good + already, and amend what is deficient; for without this examination and + enquiry a city will never continue perfect any more than if the + examination is ill-conducted. + </p> + <p> + CLEINIAS: How can we have an examination and also a good one? + </p> + <p> + ATHENIAN: In this way: In the first place, our spectator shall be of not + less than fifty years of age; he must be a man of reputation, especially + in war, if he is to exhibit to other cities a model of the guardians of + the law, but when he is more than sixty years of age he shall no longer + continue in his office of spectator. And when he has carried on his + inspection during as many out of the ten years of his office as he + pleases, on his return home let him go to the assembly of those who review + the laws. This shall be a mixed body of young and old men, who shall be + required to meet daily between the hour of dawn and the rising of the sun. + They shall consist, in the first place, of the priests who have obtained + the rewards of virtue; and, in the second place, of guardians of the law, + the ten eldest being chosen; the general superintendent of education shall + also be a member, as well as the last appointed as those who have been + released from the office; and each of them shall take with him as his + companion a young man, whomsoever he chooses, between the ages of thirty + and forty. These shall be always holding conversation and discourse about + the laws of their own city or about any specially good ones which they may + hear to be existing elsewhere; also about kinds of knowledge which may + appear to be of use and will throw light upon the examination, or of which + the want will make the subject of laws dark and uncertain to them. Any + knowledge of this sort which the elders approve, the younger men shall + learn with all diligence; and if any one of those who have been invited + appear to be unworthy, the whole assembly shall blame him who invited him. + The rest of the city shall watch over those among the young men who + distinguish themselves, having an eye upon them, and especially honouring + them if they succeed, but dishonouring them above the rest if they turn + out to be inferior. This is the assembly to which he who has visited the + institutions of other men, on his return home shall straightway go, and if + he have discovered any one who has anything to say about the enactment of + laws or education or nurture, or if he have himself made any observations, + let him communicate his discoveries to the whole assembly. And if he be + seen to have come home neither better nor worse, let him be praised at any + rate for his enthusiasm; and if he be much better, let him be praised so + much the more; and not only while he lives but after his death let the + assembly honour him with fitting honours. But if on his return home he + appear to have been corrupted, pretending to be wise when he is not, let + him hold no communication with any one, whether young or old; and if he + will hearken to the rulers, then he shall be permitted to live as a + private individual; but if he will not, let him die, if he be convicted in + a court of law of interfering about education and the laws. And if he + deserve to be indicted, and none of the magistrates indict him, let that + be counted as a disgrace to them when the rewards of virtue are decided. + </p> + <p> + Let such be the character of the person who goes abroad, and let him go + abroad under these conditions. In the next place, the stranger who comes + from abroad should be received in a friendly spirit. Now there are four + kinds of strangers, of whom we must make some mention—the first is + he who comes and stays throughout the summer; this class are like birds of + passage, taking wing in pursuit of commerce, and flying over the sea to + other cities, while the season lasts; he shall be received in + market-places and harbours and public buildings, near the city but + outside, by those magistrates who are appointed to superintend these + matters; and they shall take care that a stranger, whoever he be, duly + receives justice; but he shall not be allowed to make any innovation. They + shall hold the intercourse with him which is necessary, and this shall be + as little as possible. The second kind is just a spectator who comes to + see with his eyes and hear with his ears the festivals of the Muses; such + ought to have entertainment provided them at the temples by hospitable + persons, and the priests and ministers of the temples should see and + attend to them. But they should not remain more than a reasonable time; + let them see and hear that for the sake of which they came, and then go + away, neither having suffered nor done any harm. The priests shall be + their judges, if any of them receive or do any wrong up to the sum of + fifty drachmae, but if any greater charge be brought, in such cases the + suit shall come before the wardens of the agora. The third kind of + stranger is he who comes on some public business from another land, and is + to be received with public honours. He is to be received only by the + generals and commanders of horse and foot, and the host by whom he is + entertained, in conjunction with the Prytanes, shall have the sole charge + of what concerns him. There is a fourth class of persons answering to our + spectators, who come from another land to look at ours. In the first + place, such visits will be rare, and the visitor should be at least fifty + years of age; he may possibly be wanting to see something that is rich and + rare in other states, or himself to show something in like manner to + another city. Let such an one, then, go unbidden to the doors of the wise + and rich, being one of them himself: let him go, for example, to the house + of the superintendent of education, confident that he is a fitting guest + of such a host, or let him go to the house of some of those who have + gained the prize of virtue and hold discourse with them, both learning + from them, and also teaching them; and when he has seen and heard all, he + shall depart, as a friend taking leave of friends, and be honoured by them + with gifts and suitable tributes of respect. These are the customs, + according to which our city should receive all strangers of either sex who + come from other countries, and should send forth her own citizens, showing + respect to Zeus, the God of hospitality, not forbidding strangers at meals + and sacrifices, as is the manner which prevails among the children of the + Nile, nor driving them away by savage proclamations. + </p> + <p> + When a man becomes surety, let him give the security in a distinct form, + acknowledging the whole transaction in a written document, and in the + presence of not less than three witnesses if the sum be under a thousand + drachmae, and of not less than five witnesses if the sum be above a + thousand drachmae. The agent of a dishonest or untrustworthy seller shall + himself be responsible; both the agent and the principal shall be equally + liable. If a person wishes to find anything in the house of another, he + shall enter naked, or wearing only a short tunic and without a girdle, + having first taken an oath by the customary Gods that he expects to find + it there; he shall then make his search, and the other shall throw open + his house and allow him to search things both sealed and unsealed. And if + a person will not allow the searcher to make his search, he who is + prevented shall go to law with him, estimating the value of the goods + after which he is searching, and if the other be convicted he shall pay + twice the value of the article. If the master be absent from home, the + dwellers in the house shall let him search the unsealed property, and on + the sealed property the searcher shall set another seal, and shall appoint + any one whom he likes to guard them during five days; and if the master of + the house be absent during a longer time, he shall take with him the + wardens of the city, and so make his search, opening the sealed property + as well as the unsealed, and then, together with the members of the family + and the wardens of the city, he shall seal them up again as they were + before. There shall be a limit of time in the case of disputed things, and + he who has had possession of them during a certain time shall no longer be + liable to be disturbed. As to houses and lands there can be no dispute in + this state of ours; but if a man has any other possessions which he has + used and openly shown in the city and in the agora and in the temples, and + no one has put in a claim to them, and some one says that he was looking + for them during this time, and the possessor is proved to have made no + concealment, if they have continued for a year, the one having the goods + and the other looking for them, the claim of the seeker shall not be + allowed after the expiration of the year; or if he does not use or show + the lost property in the market or in the city, but only in the country, + and no one offers himself as the owner during five years, at the + expiration of the five years the claim shall be barred for ever after; or + if he uses them in the city but within the house, then the appointed time + of claiming the goods shall be three years, or ten years if he has them in + the country in private. And if he has them in another land, there shall be + no limit of time or prescription, but whenever the owner finds them he may + claim them. + </p> + <p> + If any one prevents another by force from being present at a trial, + whether a principal party or his witnesses; if the person prevented be a + slave, whether his own or belonging to another, the suit shall be + incomplete and invalid; but if he who is prevented be a freeman, besides + the suit being incomplete, the other who has prevented him shall be + imprisoned for a year, and shall be prosecuted for kidnapping by any one + who pleases. And if any one hinders by force a rival competitor in + gymnastic or music, or any other sort of contest, from being present at + the contest, let him who has a mind inform the presiding judges, and they + shall liberate him who is desirous of competing; and if they are not able, + and he who hinders the other from competing wins the prize, then they + shall give the prize of victory to him who is prevented, and inscribe him + as the conqueror in any temples which he pleases; and he who hinders the + other shall not be permitted to make any offering or inscription having + reference to that contest, and in any case he shall be liable for damages, + whether he be defeated or whether he conquer. + </p> + <p> + If any one knowingly receives anything which has been stolen, he shall + undergo the same punishment as the thief, and if a man receives an exile + he shall be punished with death. Every man should regard the friend and + enemy of the state as his own friend and enemy; and if any one makes peace + or war with another on his own account, and without the authority of the + state, he, like the receiver of the exile, shall undergo the penalty of + death. And if any fraction of the city declare war or peace against any, + the generals shall indict the authors of this proceeding, and if they are + convicted death shall be the penalty. Those who serve their country ought + to serve without receiving gifts, and there ought to be no excusing or + approving the saying, 'Men should receive gifts as the reward of good, but + not of evil deeds'; for to know which we are doing, and to stand fast by + our knowledge, is no easy matter. The safest course is to obey the law + which says, 'Do no service for a bribe,' and let him who disobeys, if he + be convicted, simply die. With a view to taxation, for various reasons, + every man ought to have had his property valued: and the tribesmen should + likewise bring a register of the yearly produce to the wardens of the + country, that in this way there may be two valuations; and the public + officers may use annually whichever on consideration they deem the best, + whether they prefer to take a certain portion of the whole value, or of + the annual revenue, after subtracting what is paid to the common tables. + </p> + <p> + Touching offerings to the Gods, a moderate man should observe moderation + in what he offers. Now the land and the hearth of the house of all men is + sacred to all Gods; wherefore let no man dedicate them a second time to + the Gods. Gold and silver, whether possessed by private persons or in + temples, are in other cities provocative of envy, and ivory, the product + of a dead body, is not a proper offering; brass and iron, again, are + instruments of war; but of wood let a man bring what offering he likes, + provided it be a single block, and in like manner of stone, to the public + temples; of woven work let him not offer more than one woman can execute + in a month. White is a colour suitable to the Gods, especially in woven + works, but dyes should only be used for the adornments of war. The most + divine of gifts are birds and images, and they should be such as one + painter can execute in a single day. And let all other offerings follow a + similar rule. + </p> + <p> + Now that the whole city has been divided into parts of which the nature + and number have been described, and laws have been given about all the + most important contracts as far as this was possible, the next thing will + be to have justice done. The first of the courts shall consist of elected + judges, who shall be chosen by the plaintiff and the defendant in common: + these shall be called arbiters rather than judges. And in the second court + there shall be judges of the villages and tribes corresponding to the + twelvefold division of the land, and before these the litigants shall go + to contend for greater damages, if the suit be not decided before the + first judges; the defendant, if he be defeated the second time, shall pay + a fifth more than the damages mentioned in the indictment; and if he find + fault with his judges and would try a third time, let him carry the suit + before the select judges, and if he be again defeated, let him pay the + whole of the damages and half as much again. And the plaintiff, if when + defeated before the first judges he persist in going on to the second, + shall if he wins receive in addition to the damages a fifth part more, and + if defeated he shall pay a like sum; but if he is not satisfied with the + previous decision, and will insist on proceeding to a third court, then if + he win he shall receive from the defendant the amount of the damages and, + as I said before, half as much again, and the plaintiff, if he lose, shall + pay half of the damages claimed. Now the assignment by lot of judges to + courts and the completion of the number of them, and the appointment of + servants to the different magistrates, and the times at which the several + causes should be heard, and the votings and delays, and all the things + that necessarily concern suits, and the order of causes, and the time in + which answers have to be put in and parties are to appear—of these + and other things akin to these we have indeed already spoken, but there is + no harm in repeating what is right twice or thrice: All lesser and easier + matters which the elder legislator has omitted may be supplied by the + younger one. Private courts will be sufficiently regulated in this way, + and the public and state courts, and those which the magistrates must use + in the administration of their several offices, exist in many other + states. Many very respectable institutions of this sort have been framed + by good men, and from them the guardians of the law may by reflection + derive what is necessary for the order of our new state, considering and + correcting them, and bringing them to the test of experience, until every + detail appears to be satisfactorily determined; and then putting the final + seal upon them, and making them irreversible, they shall use them for ever + afterwards. As to what relates to the silence of judges and the abstinence + from words of evil omen and the reverse, and the different notions of the + just and good and honourable which exist in our own as compared with other + states, they have been partly mentioned already, and another part of them + will be mentioned hereafter as we draw near the end. To all these matters + he who would be an equal judge shall justly look, and he shall possess + writings about them that he may learn them. For of all kinds of knowledge + the knowledge of good laws has the greatest power of improving the + learner; otherwise there would be no meaning in the divine and admirable + law possessing a name akin to mind (nous, nomos). And of all other words, + such as the praises and censures of individuals which occur in poetry and + also in prose, whether written down or uttered in daily conversation, + whether men dispute about them in the spirit of contention or weakly + assent to them, as is often the case—of all these the one sure test + is the writings of the legislator, which the righteous judge ought to have + in his mind as the antidote of all other words, and thus make himself and + the city stand upright, procuring for the good the continuance and + increase of justice, and for the bad, on the other hand, a conversion from + ignorance and intemperance, and in general from all unrighteousness, as + far as their evil minds can be healed, but to those whose web of life is + in reality finished, giving death, which is the only remedy for souls in + their condition, as I may say truly again and again. And such judges and + chiefs of judges will be worthy of receiving praise from the whole city. + </p> + <p> + When the suits of the year are completed the following laws shall regulate + their execution: In the first place, the judge shall assign to the party + who wins the suit the whole property of him who loses, with the exception + of mere necessaries, and the assignment shall be made through the herald + immediately after each decision in the hearing of the judges; and when the + month arrives following the month in which the courts are sitting, (unless + the gainer of the suit has been previously satisfied) the court shall + follow up the case, and hand over to the winner the goods of the loser; + but if they find that he has not the means of paying, and the sum + deficient is not less than a drachma, the insolvent person shall not have + any right of going to law with any other man until he have satisfied the + debt of the winning party; but other persons shall still have the right of + bringing suits against him. And if any one after he is condemned refuses + to acknowledge the authority which condemned him, let the magistrates who + are thus deprived of their authority bring him before the court of the + guardians of the law, and if he be cast, let him be punished with death, + as a subverter of the whole state and of the laws. + </p> + <p> + Thus a man is born and brought up, and after this manner he begets and + brings up his own children, and has his share of dealings with other men, + and suffers if he has done wrong to any one, and receives satisfaction if + he has been wronged, and so at length in due time he grows old under the + protection of the laws, and his end comes in the order of nature. + Concerning the dead of either sex, the religious ceremonies which may + fittingly be performed, whether appertaining to the Gods of the + under-world or of this, shall be decided by the interpreters with absolute + authority. Their sepulchres are not to be in places which are fit for + cultivation, and there shall be no monuments in such spots, either large + or small, but they shall occupy that part of the country which is + naturally adapted for receiving and concealing the bodies of the dead with + as little hurt as possible to the living. No man, living or dead, shall + deprive the living of the sustenance which the earth, their foster-parent, + is naturally inclined to provide for them. And let not the mound be piled + higher than would be the work of five men completed in five days; nor + shall the stone which is placed over the spot be larger than would be + sufficient to receive the praises of the dead included in four heroic + lines. Nor shall the laying out of the dead in the house continue for a + longer time than is sufficient to distinguish between him who is in a + trance only and him who is really dead, and speaking generally, the third + day after death will be a fair time for carrying out the body to the + sepulchre. Now we must believe the legislator when he tells us that the + soul is in all respects superior to the body, and that even in life what + makes each one of us to be what we are is only the soul; and that the body + follows us about in the likeness of each of us, and therefore, when we are + dead, the bodies of the dead are quite rightly said to be our shades or + images; for the true and immortal being of each one of us which is called + the soul goes on her way to other Gods, before them to give an account—which + is an inspiring hope to the good, but very terrible to the bad, as the + laws of our fathers tell us; and they also say that not much can be done + in the way of helping a man after he is dead. But the living—he + should be helped by all his kindred, that while in life he may be the + holiest and justest of men, and after death may have no great sins to be + punished in the world below. If this be true, a man ought not to waste his + substance under the idea that all this lifeless mass of flesh which is in + process of burial is connected with him; he should consider that the son, + or brother, or the beloved one, whoever he may be, whom he thinks he is + laying in the earth, has gone away to complete and fulfil his own destiny, + and that his duty is rightly to order the present, and to spend moderately + on the lifeless altar of the Gods below. But the legislator does not + intend moderation to be taken in the sense of meanness. Let the law, then, + be as follows: The expenditure on the entire funeral of him who is of the + highest class, shall not exceed five minae; and for him who is of the + second class, three minae, and for him who is of the third class, two + minae, and for him who is of the fourth class, one mina, will be a fair + limit of expense. The guardians of the law ought to take especial care of + the different ages of life, whether childhood, or manhood, or any other + age. And at the end of all, let there be some one guardian of the law + presiding, who shall be chosen by the friends of the deceased to + superintend, and let it be glory to him to manage with fairness and + moderation what relates to the dead, and a discredit to him if they are + not well managed. Let the laying out and other ceremonies be in accordance + with custom, but to the statesman who adopts custom as his law we must + give way in certain particulars. It would be monstrous for example that he + should command any man to weep or abstain from weeping over the dead; but + he may forbid cries of lamentation, and not allow the voice of the mourner + to be heard outside the house; also, he may forbid the bringing of the + dead body into the open streets, or the processions of mourners in the + streets, and may require that before daybreak they should be outside the + city. Let these, then, be our laws relating to such matters, and let him + who obeys be free from penalty; but he who disobeys even a single guardian + of the law shall be punished by them all with a fitting penalty. Other + modes of burial, or again the denial of burial, which is to be refused in + the case of robbers of temples and parricides and the like, have been + devised and are embodied in the preceding laws, so that now our work of + legislation is pretty nearly at an end; but in all cases the end does not + consist in doing something or acquiring something or establishing + something—the end will be attained and finally accomplished, when we + have provided for the perfect and lasting continuance of our institutions; + until then our creation is incomplete. + </p> + <p> + CLEINIAS: That is very good, Stranger; but I wish you would tell me more + clearly what you mean. + </p> + <p> + ATHENIAN: O Cleinias, many things of old time were well said and sung; and + the saying about the Fates was one of them. + </p> + <p> + CLEINIAS: What is it? + </p> + <p> + ATHENIAN: The saying that Lachesis or the giver of the lots is the first + of them, and that Clotho or the spinster is the second of them, and that + Atropos or the unchanging one is the third of them; and that she is the + preserver of the things which we have spoken, and which have been compared + in a figure to things woven by fire, they both (i.e. Atropos and the fire) + producing the quality of unchangeableness. I am speaking of the things + which in a state and government give not only health and salvation to the + body, but law, or rather preservation of the law, in the soul; and, if I + am not mistaken, this seems to be still wanting in our laws: we have still + to see how we can implant in them this irreversible nature. + </p> + <p> + CLEINIAS: It will be no small matter if we can only discover how such a + nature can be implanted in anything. + </p> + <p> + ATHENIAN: But it certainly can be; so much I clearly see. + </p> + <p> + CLEINIAS: Then let us not think of desisting until we have imparted this + quality to our laws; for it is ridiculous, after a great deal of labour + has been spent, to place a thing at last on an insecure foundation. + </p> + <p> + ATHENIAN: I approve of your suggestion, and am quite of the same mind with + you. + </p> + <p> + CLEINIAS: Very good: And now what, according to you, is to be the + salvation of our government and of our laws, and how is it to be effected? + </p> + <p> + ATHENIAN: Were we not saying that there must be in our city a council + which was to be of this sort: The ten oldest guardians of the law, and all + those who have obtained prizes of virtue, were to meet in the same + assembly, and the council was also to include those who had visited + foreign countries in the hope of hearing something that might be of use in + the preservation of the laws, and who, having come safely home, and having + been tested in these same matters, had proved themselves to be worthy to + take part in the assembly—each of the members was to select some + young man of not less than thirty years of age, he himself judging in the + first instance whether the young man was worthy by nature and education, + and then suggesting him to the others, and if he seemed to them also to be + worthy they were to adopt him; but if not, the decision at which they + arrived was to be kept a secret from the citizens at large, and, more + especially, from the rejected candidate. The meeting of the council was to + be held early in the morning, when everybody was most at leisure from all + other business, whether public or private—was not something of this + sort said by us before? + </p> + <p> + CLEINIAS: True. + </p> + <p> + ATHENIAN: Then, returning to the council, I would say further, that if we + let it down to be the anchor of the state, our city, having everything + which is suitable to her, will preserve all that we wish to preserve. + </p> + <p> + CLEINIAS: What do you mean? + </p> + <p> + ATHENIAN: Now is the time for me to speak the truth in all earnestness. + </p> + <p> + CLEINIAS: Well said, and I hope that you will fulfil your intention. + </p> + <p> + ATHENIAN: Know, Cleinias, that everything, in all that it does, has a + natural saviour, as of an animal the soul and the head are the chief + saviours. + </p> + <p> + CLEINIAS: Once more, what do you mean? + </p> + <p> + ATHENIAN: The well-being of those two is obviously the preservation of + every living thing. + </p> + <p> + CLEINIAS: How is that? + </p> + <p> + ATHENIAN: The soul, besides other things, contains mind, and the head, + besides other things, contains sight and hearing; and the mind, mingling + with the noblest of the senses, and becoming one with them, may be truly + called the salvation of all. + </p> + <p> + CLEINIAS: Yes, quite so. + </p> + <p> + ATHENIAN: Yes, indeed; but with what is that intellect concerned which, + mingling with the senses, is the salvation of ships in storms as well as + in fair weather? In a ship, when the pilot and the sailors unite their + perceptions with the piloting mind, do they not save both themselves and + their craft? + </p> + <p> + CLEINIAS: Very true. + </p> + <p> + ATHENIAN: We do not want many illustrations about such matters: What aim + would the general of an army, or what aim would a physician propose to + himself, if he were seeking to attain salvation? + </p> + <p> + CLEINIAS: Very good. + </p> + <p> + ATHENIAN: Does not the general aim at victory and superiority in war, and + do not the physician and his assistants aim at producing health in the + body? + </p> + <p> + CLEINIAS: Certainly. + </p> + <p> + ATHENIAN: And a physician who is ignorant about the body, that is to say, + who knows not that which we just now called health, or a general who knows + not victory, or any others who are ignorant of the particulars of the arts + which we mentioned, cannot be said to have understanding about any of + these matters. + </p> + <p> + CLEINIAS: They cannot. + </p> + <p> + ATHENIAN: And what would you say of the state? If a person proves to be + ignorant of the aim to which the statesman should look, ought he, in the + first place, to be called a ruler at all; and further, will he ever be + able to preserve that of which he does not even know the aim? + </p> + <p> + CLEINIAS: Impossible. + </p> + <p> + ATHENIAN: And therefore, if our settlement of the country is to be + perfect, we ought to have some institution, which, as I was saying, will + tell what is the aim of the state, and will inform us how we are to attain + this, and what law or what man will advise us to that end. Any state which + has no such institution is likely to be devoid of mind and sense, and in + all her actions will proceed by mere chance. + </p> + <p> + CLEINIAS: Very true. + </p> + <p> + ATHENIAN: In which, then, of the parts or institutions of the state is any + such guardian power to be found? Can we say? + </p> + <p> + CLEINIAS: I am not quite certain, Stranger; but I have a suspicion that + you are referring to the assembly which you just now said was to meet at + night. + </p> + <p> + ATHENIAN: You understand me perfectly, Cleinias; and we must assume, as + the argument implies, that this council possesses all virtue; and the + beginning of virtue is not to make mistakes by guessing many things, but + to look steadily at one thing, and on this to fix all our aims. + </p> + <p> + CLEINIAS: Quite true. + </p> + <p> + ATHENIAN: Then now we shall see why there is nothing wonderful in states + going astray—the reason is that their legislators have such + different aims; nor is there anything wonderful in some laying down as + their rule of justice, that certain individuals should bear rule in the + state, whether they be good or bad, and others that the citizens should be + rich, not caring whether they are the slaves of other men or not. The + tendency of others, again, is towards freedom; and some legislate with a + view to two things at once—they want to be at the same time free and + the lords of other states; but the wisest men, as they deem themselves to + be, look to all these and similar aims, and there is no one of them which + they exclusively honour, and to which they would have all things look. + </p> + <p> + CLEINIAS: Then, Stranger, our former assertion will hold; for we were + saying that laws generally should look to one thing only; and this, as we + admitted, was rightly said to be virtue. + </p> + <p> + ATHENIAN: Yes. + </p> + <p> + CLEINIAS: And we said that virtue was of four kinds? + </p> + <p> + ATHENIAN: Quite true. + </p> + <p> + CLEINIAS: And that mind was the leader of the four, and that to her the + three other virtues and all other things ought to have regard? + </p> + <p> + ATHENIAN: You follow me capitally, Cleinias, and I would ask you to follow + me to the end, for we have already said that the mind of the pilot, the + mind of the physician and of the general look to that one thing to which + they ought to look; and now we may turn to mind political, of which, as of + a human creature, we will ask a question: O wonderful being, and to what + are you looking? The physician is able to tell his single aim in life, but + you, the superior, as you declare yourself to be, of all intelligent + beings, when you are asked are not able to tell. Can you, Megillus, and + you, Cleinias, say distinctly what is the aim of mind political, in return + for the many explanations of things which I have given you? + </p> + <p> + CLEINIAS: We cannot, Stranger. + </p> + <p> + ATHENIAN: Well, but ought we not to desire to see it, and to see where it + is to be found? + </p> + <p> + CLEINIAS: For example, where? + </p> + <p> + ATHENIAN: For example, we were saying that there are four kinds of virtue, + and as there are four of them, each of them must be one. + </p> + <p> + CLEINIAS: Certainly. + </p> + <p> + ATHENIAN: And further, all four of them we call one; for we say that + courage is virtue, and that prudence is virtue, and the same of the two + others, as if they were in reality not many but one, that is, virtue. + </p> + <p> + CLEINIAS: Quite so. + </p> + <p> + ATHENIAN: There is no difficulty in seeing in what way the two differ from + one another, and have received two names, and so of the rest. But there is + more difficulty in explaining why we call these two and the rest of them + by the single name of virtue. + </p> + <p> + CLEINIAS: How do you mean? + </p> + <p> + ATHENIAN: I have no difficulty in explaining what I mean. Let us + distribute the subject into questions and answers. + </p> + <p> + CLEINIAS: Once more, what do you mean? + </p> + <p> + ATHENIAN: Ask me what is that one thing which I call virtue, and then + again speak of as two, one part being courage and the other wisdom. I will + tell you how that occurs: One of them has to do with fear; in this the + beasts also participate, and quite young children—I mean courage; + for a courageous temper is a gift of nature and not of reason. But without + reason there never has been, or is, or will be a wise and understanding + soul; it is of a different nature. + </p> + <p> + CLEINIAS: That is true. + </p> + <p> + ATHENIAN: I have now told you in what way the two are different, and do + you in return tell me in what way they are one and the same. Suppose that + I ask you in what way the four are one, and when you have answered me, you + will have a right to ask of me in return in what way they are four; and + then let us proceed to enquire whether in the case of things which have a + name and also a definition to them, true knowledge consists in knowing the + name only and not the definition. Can he who is good for anything be + ignorant of all this without discredit where great and glorious truths are + concerned? + </p> + <p> + CLEINIAS: I suppose not. + </p> + <p> + ATHENIAN: And is there anything greater to the legislator and the guardian + of the law, and to him who thinks that he excels all other men in virtue, + and has won the palm of excellence, than these very qualities of which we + are now speaking—courage, temperance, wisdom, justice? + </p> + <p> + CLEINIAS: How can there be anything greater? + </p> + <p> + ATHENIAN: And ought not the interpreters, the teachers, the lawgivers, the + guardians of the other citizens, to excel the rest of mankind, and + perfectly to show him who desires to learn and know or whose evil actions + require to be punished and reproved, what is the nature of virtue and + vice? Or shall some poet who has found his way into the city, or some + chance person who pretends to be an instructor of youth, show himself to + be better than him who has won the prize for every virtue? And can we + wonder that when the guardians are not adequate in speech or action, and + have no adequate knowledge of virtue, the city being unguarded should + experience the common fate of cities in our day? + </p> + <p> + CLEINIAS: Wonder! no. + </p> + <p> + ATHENIAN: Well, then, must we do as we said? Or can we give our guardians + a more precise knowledge of virtue in speech and action than the many + have? or is there any way in which our city can be made to resemble the + head and senses of rational beings because possessing such a guardian + power? + </p> + <p> + CLEINIAS: What, Stranger, is the drift of your comparison? + </p> + <p> + ATHENIAN: Do we not see that the city is the trunk, and are not the + younger guardians, who are chosen for their natural gifts, placed in the + head of the state, having their souls all full of eyes, with which they + look about the whole city? They keep watch and hand over their perceptions + to the memory, and inform the elders of all that happens in the city; and + those whom we compared to the mind, because they have many wise thoughts—that + is to say, the old men—take counsel, and making use of the younger + men as their ministers, and advising with them—in this way both + together truly preserve the whole state: Shall this or some other be the + order of our state? Are all our citizens to be equal in acquirements, or + shall there be special persons among them who have received a more careful + training and education? + </p> + <p> + CLEINIAS: That they should be equal, my good sir, is impossible. + </p> + <p> + ATHENIAN: Then we ought to proceed to some more exact training than any + which has preceded. + </p> + <p> + CLEINIAS: Certainly. + </p> + <p> + ATHENIAN: And must not that of which we are in need be the one to which we + were just now alluding? + </p> + <p> + CLEINIAS: Very true. + </p> + <p> + ATHENIAN: Did we not say that the workman or guardian, if he be perfect in + every respect, ought not only to be able to see the many aims, but he + should press onward to the one? This he should know, and knowing, order + all things with a view to it. + </p> + <p> + CLEINIAS: True. + </p> + <p> + ATHENIAN: And can any one have a more exact way of considering or + contemplating anything, than the being able to look at one idea gathered + from many different things? + </p> + <p> + CLEINIAS: Perhaps not. + </p> + <p> + ATHENIAN: Not 'Perhaps not,' but 'Certainly not,' my good sir, is the + right answer. There never has been a truer method than this discovered by + any man. + </p> + <p> + CLEINIAS: I bow to your authority, Stranger; let us proceed in the way + which you propose. + </p> + <p> + ATHENIAN: Then, as would appear, we must compel the guardians of our + divine state to perceive, in the first place, what that principle is which + is the same in all the four—the same, as we affirm, in courage and + in temperance, and in justice and in prudence, and which, being one, we + call as we ought, by the single name of virtue. To this, my friends, we + will, if you please, hold fast, and not let go until we have sufficiently + explained what that is to which we are to look, whether to be regarded as + one, or as a whole, or as both, or in whatever way. Are we likely ever to + be in a virtuous condition, if we cannot tell whether virtue is many, or + four, or one? Certainly, if we take counsel among ourselves, we shall in + some way contrive that this principle has a place amongst us; but if you + have made up your mind that we should let the matter alone, we will. + </p> + <p> + CLEINIAS: We must not, Stranger, by the God of strangers I swear that we + must not, for in our opinion you speak most truly; but we should like to + know how you will accomplish your purpose. + </p> + <p> + ATHENIAN: Wait a little before you ask; and let us, first of all, be quite + agreed with one another that the purpose has to be accomplished. + </p> + <p> + CLEINIAS: Certainly, it ought to be, if it can be. + </p> + <p> + ATHENIAN: Well, and about the good and the honourable, are we to take the + same view? Are our guardians only to know that each of them is many, or + also how and in what way they are one? + </p> + <p> + CLEINIAS: They must consider also in what sense they are one. + </p> + <p> + ATHENIAN: And are they to consider only, and to be unable to set forth + what they think? + </p> + <p> + CLEINIAS: Certainly not; that would be the state of a slave. + </p> + <p> + ATHENIAN: And may not the same be said of all good things—that the + true guardians of the laws ought to know the truth about them, and to be + able to interpret them in words, and carry them out in action, judging of + what is and of what is not well, according to nature? + </p> + <p> + CLEINIAS: Certainly. + </p> + <p> + ATHENIAN: Is not the knowledge of the Gods which we have set forth with so + much zeal one of the noblest sorts of knowledge—to know that they + are, and know how great is their power, as far as in man lies? We do + indeed excuse the mass of the citizens, who only follow the voice of the + laws, but we refuse to admit as guardians any who do not labour to obtain + every possible evidence that there is respecting the Gods; our city is + forbidden and not allowed to choose as a guardian of the law, or to place + in the select order of virtue, him who is not an inspired man, and has not + laboured at these things. + </p> + <p> + CLEINIAS: It is certainly just, as you say, that he who is indolent about + such matters or incapable should be rejected, and that things honourable + should be put away from him. + </p> + <p> + ATHENIAN: Are we assured that there are two things which lead men to + believe in the Gods, as we have already stated? + </p> + <p> + CLEINIAS: What are they? + </p> + <p> + ATHENIAN: One is the argument about the soul, which has been already + mentioned—that it is the eldest and most divine of all things, to + which motion attaining generation gives perpetual existence; the other was + an argument from the order of the motion of the stars, and of all things + under the dominion of the mind which ordered the universe. If a man look + upon the world not lightly or ignorantly, there was never any one so + godless who did not experience an effect opposite to that which the many + imagine. For they think that those who handle these matters by the help of + astronomy, and the accompanying arts of demonstration, may become godless, + because they see, as far as they can see, things happening by necessity, + and not by an intelligent will accomplishing good. + </p> + <p> + CLEINIAS: But what is the fact? + </p> + <p> + ATHENIAN: Just the opposite, as I said, of the opinion which once + prevailed among men, that the sun and stars are without soul. Even in + those days men wondered about them, and that which is now ascertained was + then conjectured by some who had a more exact knowledge of them—that + if they had been things without soul, and had no mind, they could never + have moved with numerical exactness so wonderful; and even at that time + some ventured to hazard the conjecture that mind was the orderer of the + universe. But these same persons again mistaking the nature of the soul, + which they conceived to be younger and not older than the body, once more + overturned the world, or rather, I should say, themselves; for the bodies + which they saw moving in heaven all appeared to be full of stones, and + earth, and many other lifeless substances, and to these they assigned the + causes of all things. Such studies gave rise to much atheism and + perplexity, and the poets took occasion to be abusive—comparing the + philosophers to she-dogs uttering vain howlings, and talking other + nonsense of the same sort. But now, as I said, the case is reversed. + </p> + <p> + CLEINIAS: How so? + </p> + <p> + ATHENIAN: No man can be a true worshipper of the Gods who does not know + these two principles—that the soul is the eldest of all things which + are born, and is immortal and rules over all bodies; moreover, as I have + now said several times, he who has not contemplated the mind of nature + which is said to exist in the stars, and gone through the previous + training, and seen the connexion of music with these things, and + harmonized them all with laws and institutions, is not able to give a + reason of such things as have a reason. And he who is unable to acquire + this in addition to the ordinary virtues of a citizen, can hardly be a + good ruler of a whole state; but he should be the subordinate of other + rulers. Wherefore, Cleinias and Megillus, let us consider whether we may + not add to all the other laws which we have discussed this further one—that + the nocturnal assembly of the magistrates, which has also shared in the + whole scheme of education proposed by us, shall be a guard set according + to law for the salvation of the state. Shall we propose this? + </p> + <p> + CLEINIAS: Certainly, my good friend, we will if the thing is in any degree + possible. + </p> + <p> + ATHENIAN: Let us make a common effort to gain such an object; for I too + will gladly share in the attempt. Of these matters I have had much + experience, and have often considered them, and I dare say that I shall be + able to find others who will also help. + </p> + <p> + CLEINIAS: I agree, Stranger, that we should proceed along the road in + which God is guiding us; and how we can proceed rightly has now to be + investigated and explained. + </p> + <p> + ATHENIAN: O Megillus and Cleinias, about these matters we cannot legislate + further until the council is constituted; when that is done, then we will + determine what authority they shall have of their own; but the explanation + of how this is all to be ordered would only be given rightly in a long + discourse. + </p> + <p> + CLEINIAS: What do you mean, and what new thing is this? + </p> + <p> + ATHENIAN: In the first place, a list would have to be made out of those + who by their ages and studies and dispositions and habits are well fitted + for the duty of a guardian. In the next place, it will not be easy for + them to discover themselves what they ought to learn, or become the + disciple of one who has already made the discovery. Furthermore, to write + down the times at which, and during which, they ought to receive the + several kinds of instruction, would be a vain thing; for the learners + themselves do not know what is learned to advantage until the knowledge + which is the result of learning has found a place in the soul of each. And + so these details, although they could not be truly said to be secret, + might be said to be incapable of being stated beforehand, because when + stated they would have no meaning. + </p> + <p> + CLEINIAS: What then are we to do, Stranger, under these circumstances? + </p> + <p> + ATHENIAN: As the proverb says, the answer is no secret, but open to all of + us: We must risk the whole on the chance of throwing, as they say, thrice + six or thrice ace, and I am willing to share with you the danger by + stating and explaining to you my views about education and nurture, which + is the question coming to the surface again. The danger is not a slight or + ordinary one, and I would advise you, Cleinias, in particular, to see to + the matter; for if you order rightly the city of the Magnetes, or whatever + name God may give it, you will obtain the greatest glory; or at any rate + you will be thought the most courageous of men in the estimation of + posterity. Dear companions, if this our divine assembly can only be + established, to them we will hand over the city; none of the present + company of legislators, as I may call them, would hesitate about that. And + the state will be perfected and become a waking reality, which a little + while ago we attempted to create as a dream and in idea only, mingling + together reason and mind in one image, in the hope that our citizens might + be duly mingled and rightly educated; and being educated, and dwelling in + the citadel of the land, might become perfect guardians, such as we have + never seen in all our previous life, by reason of the saving virtue which + is in them. + </p> + <p> + MEGILLUS: Dear Cleinias, after all that has been said, either we must + detain the Stranger, and by supplications and in all manner of ways make + him share in the foundation of the city, or we must give up the + undertaking. + </p> + <p> + CLEINIAS: Very true, Megillus; and you must join with me in detaining him. + </p> + <p> + MEGILLUS: I will. + </p> + <p> + <br /><br /><br /><br /> + </p> +<pre xml:space="preserve"> + + + + + +End of the Project Gutenberg EBook of Laws, by Plato + +*** END OF THIS PROJECT GUTENBERG EBOOK LAWS *** + +***** This file should be named 1750-h.htm or 1750-h.zip ***** +This and all associated files of various formats will be found in: + http://www.gutenberg.org/1/7/5/1750/ + +Produced by Sue Asscher, and David Widger + +Updated editions will replace the previous one--the old editions +will be renamed. + +Creating the works from public domain print editions means that no +one owns a United States copyright in these works, so the Foundation +(and you!) can copy and distribute it in the United States without +permission and without paying copyright royalties. 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