Plato -- Laws I

STVJOIA IN/ This book belongs to THE LIBRARY of VICTORIA UNIVERSITY Toronto 5, Canada THE LOEB CLASSICAL LIBRARY FOUKDKD BY JAM£S LOEB, LL.D. KDITED BY fT. E. PAGE. C.H., LITT.D. tE. CAPPS, PH.D., IX.D. tW. H. D. ROUSE, UTr.D. L. A. POST, L.H.D. E. H. WARMIXGTOX, m.a., f.b.hist.soc. PLATO PLATO WITH AN ENGLISH TRANSLATION IX LAWS BY R. G. BURY, Lirr.D. POR3fXIU.Y SCHOI AR OP TBIiOTT COIXKOK, CAMBRIDGE IN TWO VOLUMES I CAMBRIDGE, MASSACHUSETTS HARVARD UNIVERSITY PRESS LONDON WILLIAM HEINEMANN LTD ilCMLSI PA 427<1 Ai V. q J^iVit printed 1926 Reprinted 1942, 1952, 1961 Sf D 2 IMl Printed in Great Britain CONTENTS rAox INTRODUCTION VU BOOK I 3 BOOK n 89 BOOK III 165 BOOK IV 255 BOOK V 323 BOOK VI 303 INTRODUCTION According to tradition, Plato was born in 427 B.C. and died in 347 b.c, leaving behind him as his last work the Lmvs. We may, therefore, suppose that the last decade of his life was mainly occupied with its composition. The internal evidence of the work itself sufficiently confirms tradition. Not only does it lack the charm and vigour of the earlier dialogues, but it is marked also by much uncouthness of style, and by a tendency to pedantry, tautology and discursive garrulity which seems to point to the failing powers of the author. Moreover, the author himself indicates his own advanced age by the artistic device of representing the three interlocutors in the dialogue as old men, and by the stress he repeatedly lays upon the fact of their age, as well as upon the reverence due from the young to the old. The scene is laid in Crete, and it is during a walk from Cnosus to the grotto of Zeus on Mount Ida, on a long midsummer day, that the conversation here related is supposed to have taken place. Of the three old men, one is an Athenian, one (Clinias) a Cretan^ one (Megillus) a Spartan. The protagonist is the Athenian, and nearly all the talking is done by him. His companions are little more than listeners, rather dull of wit, and incapable of adding vii INTRODUCTION anything original to the discussion. The choice of their nationality, however, is significant, since the main body of the laws framed for the Model City is derived from the codes actually in force in Athens, Sparta and Crete. Voluminous and discursive as the Laws is, and framed, apparently, on no artistic plan, it is difficult for a reader to find his way through the maze and to see what connexion exists between the various parts and the relevance of each part to the argument as a whole. To help towards an understanding it may be well to give a brief analysis of the argument, book by book. Book I.— Divine though their lawgivers were, the laws of Sparta and Crete are deficient, inasmuch as they aim solely at Courage, which is but one fraction of Virtue. A more important virtue is Temperance, or the right attitude towards pleasure and pain. For the promotion of temperance we need tests, and drinking-parties form admirable tests, although their educational value in this connexion has not hitherto been recognised. Book II. —Another use of strong drink is to inspire age with something of the fire of youth, so that the old may take an active part in Music and may direct the musical training of the young on the right lines. A discussion of music and dancing leads up to the conclusion that we must form a " Dionysiac Chorus" of old men to act as an Academy of Music and to maintain a correct standard of taste in all that concerns Drama and the Arts. Book III.—Beginning with primitive man, the survivors of the Flood, an historical survey is made of the origin and development of civic communities and viii INTRODUCTION their laws. The Dorian Confederacy, the Persian Empire, and the Athenian Democracy are examined in turn, and the seeds of political decay in each of them are pointed out. It is shown, from these ex- amples, how the extremes of liberty and of tyranny are alike disastrous. Book IV. —Clinias, it appears, has been appointed a joint-founder of a new Magnesian Colony. This gives a practical turn to the discussion, and hence- forth the question is—how is such a colony to be rightly shaped? The conditions of the colony, as described by Clinias, suggest to the Athenian observations on the danger of a seaboard and foreign trade, and on the advantages of a heterogeneous population. If a "true polity" is to be successfully established, chance must aid skill, and a wise despot must co- " '• operate with a divine lawgiver ; for a true polity is one wherein Law reigns with undisputed sway, and where all the laws are framed in the interests of the community as a whole. To the Law, as also to God and to all superior powers, man is bound to render duty and service in all humility. In order to inculcate this attitude of voluntary and intelli- gent obedience, laws must be provided with pre- ambles or preludes of an explanatory and hortatory description. Book \.—As an example ot such a hortatory pre- lude, the duty of paying due honour to the Soul, as the most divine part of man, is expounded at length. Then follow a number of detailed regulations regarding the selection of citizens, the number of households in the State, allotments and their arrangements, and property-holdings. Book VI.—^The SUte officials to be appointed — INTRODUCTION are enumei'ated, and the methods of their appointment prescribed —Law-wardens, Military Officers, Council,—Religious Officials,—Stewards for Market, City and Country,—Presidents of Music and Gym- nastics (chief of whom is the Superintendent of Education),—Judges. Then comes legislation dealing with the organisation of the households in tribes, —festivals and social functions,—marriage (which is a civic duty) and the ceremonies which attend it, slaves and their treatment,—public and private build- ings,—the regulation of private life and domestic affairs (discussing how far these should be legally controlled), —the time-limits proper for marriage, and for militaiy service and the holding of public office. Book VII. —Regulations for the education of the young. Up to the age of three continual movement is to be prescribed for children ; from three to six, regulated play ; after six, regular instruction in music and gymnastic, combined with play. Emphasis is laid on the need of left-hand training, and the value of ambidexterity. Then follows a discussion on the subjects of right selection in regard to dance and song, and the relation of Art and Religion to the ultimate aim of human life. It is laid down that the education of females must be identical with that of males, and that the supreme task for all is self- perfection. But the Lawgiver's work in regulating education is rendered specially difficult owing to the natural intractability of the child. Rules are given respecting instruction in reading, writing and lyre- playing, together with supplementary observations on gymnastic and dancing. A discourse on "mathe- matical necessity " serves as a preface to advice — INTRODUCTION concerning arithmetic and geometry ; and this is followed by regulations for field-sports. Book VIII.—Regulations for military exercises and sham-fights, with a disquisition on the defects in the characters of States, such as the commercial spirit, which hinder due military training : and fur- ther observations regarding details of military training. Next to be dealt with are—the sex-instinct, with advice for its regulation,—the production and distribution of food,—laws for the control of agri- culture,—artisans,—foreign trade,—the distribution of home and foreign produce,—markets. Book IX. —Legal actions and penalties for the crimes of sacrilege and high treason, followed by a digression dealing with the art of legislation, the motives of crime, and the use of the terms " voluntary" and "involuntary" as applied to criminal actions. Cases of "Crimes against the person" murder, wounding and assault. Book X.—A discussion of atheism and irreligion, and how they are caused and promulgated, is followed by a threefold argument directed against three types of misbelievers, viz. (a) those who deny the existence of gods those who assert that the ; (6) gods take no interest in men or their affairs (whereas it is a duty incumbent on all to believe firmly in a supreme Providence) (c) those who hold that the ; gods are corruptible by bribes. Laws are enacted to suppress these various forms of impiety, and also to prohibit private cults. Book XI.—Regulations and observations concerning property-rights,—buyingand selling,—commercial honesty,—retail trade and inn-keeping,—breaches of contract,—military rewards,—last wills and testa- zi — INTRODUCTION merits,—orphans,—family disputes,—divorce,—the honour due to age,—injuries by means of drugs and witchcraft,—thefts and acts of violence,—insanity, abusive language,—public ridicule, —mendicancy, the responsibility of masters for the acts of their slaves,—witnesses in courts of law,—the employment of professional advocates. Book XII.—Regulations and observations concerning the duties of ambassadors,—the wickedness of theft, especially of State property,—the benefit to the State of habits of discipline in the citizens, hence military service, with carefully adjudged rewards and penalties, must be universally com- pulsory—the Court of Examiners, their appointment and their duties,—oaths forbidden in the law-courts, —promptness in executing sentences,—foreign travel by the citizens, when permissible, and in what respect beneficial to the State.

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