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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.'
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.
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.
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.
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.
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' 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.
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.
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.'
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?'
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:
'Long and steep is the first half of the way to virtue, But when you have reached the top the rest is easy.'
'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.
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 , 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.
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.
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.
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.
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.
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 , 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' .
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.
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.
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.
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.
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.
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.
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.
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.
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 , 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.
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?
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.
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 . 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.
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.
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.
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.
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.
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 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.'
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.
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.
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.
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.
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