Books: Laws

P >> Plato >> Laws

Pages:
1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | 14 | 15 | 16 | 17 | 18 | 19 | 20 | 21 | 22 | 23 | 24 | 25 | 26 | 27 | 28 | 29 | 30 | 31 | 32 | 33 | 34 | 35 | 36 | 37 | 38 | 39 | 40 | 41 | 42 | 43 | 44 | 45 | 46 | 47 | 48 | 49 | 50 | 51

Produced by Sue Asscher

LAWS

BY PLATO

TRANSLATED BY BENJAMIN JOWETT

INTRODUCTION AND ANALYSIS.

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

(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

(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.

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.

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.

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.

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.).

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.

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.

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.

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.

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.

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:--

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.