Laws

CLEINIAS: The last would be by far the best sort of judge and legislator.

ATHENIAN: And yet the aim of all the laws which he gave would be the reverse of war.

CLEINIAS: Very true.

ATHENIAN: And will he who const.i.tutes the state and orders the life of man have in view external war, or that kind of intestine war called civil, which no one, if he could prevent, would like to have occurring in his own state; and when occurring, every one would wish to be quit of as soon as possible?

CLEINIAS: He would have the latter chiefly in view.

ATHENIAN: And would he prefer that this civil war should be terminated by the destruction of one of the parties, and by the victory of the other, or that peace and friendship should be re-established, and that, being reconciled, they should give their attention to foreign enemies?

CLEINIAS: Every one would desire the latter in the case of his own state.

ATHENIAN: And would not that also be the desire of the legislator?

CLEINIAS: Certainly.

ATHENIAN: And would not every one always make laws for the sake of the best?

CLEINIAS: To be sure.

ATHENIAN: But war, whether external or civil, is not the best, and the need of either is to be deprecated; but peace with one another, and good will, are best. Nor is the victory of the state over itself to be regarded as a really good thing, but as a necessity; a man might as well say that the body was in the best state when sick and purged by medicine, forgetting that there is also a state of the body which needs no purge. And in like manner no one can be a true statesman, whether he aims at the happiness of the individual or state, who looks only, or first of all, to external warfare; nor will he ever be a sound legislator who orders peace for the sake of war, and not war for the sake of peace.

CLEINIAS: I suppose that there is truth, Stranger, in that remark of yours; and yet I am greatly mistaken if war is not the entire aim and object of our own inst.i.tutions, and also of the Lacedaemonian.

ATHENIAN: I dare say; but there is no reason why we should rudely quarrel with one another about your legislators, instead of gently questioning them, seeing that both we and they are equally in earnest. Please follow me and the argument closely:-And first I will put forward Tyrtaeus, an Athenian by birth, but also a Spartan citizen, who of all men was most eager about war: Well, he says, "I sing not, I care not, about any man, even if he were the richest of men, and possessed every good (and then he gives a whole list of them), if he be not at all times a brave warrior." I imagine that you, too, must have heard his poems; our Lacedaemonian friend has probably heard more than enough of them.

MEGILLUS: Very true.

CLEINIAS: And they have found their way from Lacedaemon to Crete.

ATHENIAN: Come now and let us all join in asking this question of Tyrtaeus: O most divine poet, we will say to him, the excellent praise which you have bestowed on those who excel in war sufficiently proves that you are wise and good, and I and Megillus and Cleinias of Cnosus do, as I believe, entirely agree with you. But we should like to be quite sure that we are speaking of the same men; tell us, then, do you agree with us in thinking that there are two kinds of war; or what would you say? A far inferior man to Tyrtaeus would have no difficulty in replying quite truly, that war is of two kinds,-one which is universally called civil war, and is, as we were just now saying, of all wars the worst; the other, as we should all admit, in which we fall out with other nations who are of a different race, is a far milder form of warfare.

CLEINIAS: Certainly, far milder.

ATHENIAN: Well, now, when you praise and blame war in this high-flown strain, whom are you praising or blaming, and to which kind of war are you referring? I suppose that you must mean foreign war, if I am to judge from expressions of yours in which you say that you abominate those "Who refuse to look upon fields of blood, and will not draw near and strike at their enemies."

And we shall naturally go on to say to him,-You, Tyrtaeus, as it seems, praise those who distinguish themselves in external and foreign war; and he must admit this.

CLEINIAS: Evidently.

ATHENIAN: They are good; but we say that there are still better men whose virtue is displayed in the greatest of all battles. And we too have a poet whom we summon as a witness, Theognis, citizen of Megara in Sicily: "Cyrnus," he says, "he who is faithful in a civil broil is worth his weight in gold and silver."

And such an one is far better, as we affirm, than the other in a more difficult kind of war, much in the same degree as justice and temperance and wisdom, when united with courage, are better than courage only; for a man cannot be faithful and good in civil strife without having all virtue. But in the war of which Tyrtaeus speaks, many a mercenary soldier will take his stand and be ready to die at his post, and yet they are generally and almost without exception insolent, unjust, violent men, and the most senseless of human beings. You will ask what the conclusion is, and what I am seeking to prove: I maintain that the divine legislator of Crete, like any other who is worthy of consideration, will always and above all things in making laws have regard to the greatest virtue; which, according to Theognis, is loyalty in the hour of danger, and may be truly called perfect justice. Whereas, that virtue which Tyrtaeus highly praises is well enough, and was praised by the poet at the right time, yet in place and dignity may be said to be only fourth rate (i.e., it ranks after justice, temperance, and wisdom.).

CLEINIAS: Stranger, we are degrading our inspired lawgiver to a rank which is far beneath him.

ATHENIAN: Nay, I think that we degrade not him but ourselves, if we imagine that Lycurgus and Minos laid down laws both in Lacedaemon and Crete mainly with a view to war.

CLEINIAS: What ought we to say then?

ATHENIAN: What truth and what justice require of us, if I am not mistaken, when speaking in behalf of divine excellence;-that the legislator when making his laws had in view not a part only, and this the lowest part of virtue, but all virtue, and that he devised cla.s.ses of laws answering to the kinds of virtue; not in the way in which modern inventors of laws make the cla.s.ses, for they only investigate and offer laws whenever a want is felt, and one man has a cla.s.s of laws about allotments and heiresses, another about a.s.saults; others about ten thousand other such matters. But we maintain that the right way of examining into laws is to proceed as we have now done, and I admired the spirit of your exposition; for you were quite right in beginning with virtue, and saying that this was the aim of the giver of the law, but I thought that you went wrong when you added that all his legislation had a view only to a part, and the least part of virtue, and this called forth my subsequent remarks. Will you allow me then to explain how I should have liked to have heard you expound the matter?

CLEINIAS: By all means.

ATHENIAN: You ought to have said, Stranger-The Cretan laws are with reason famous among the h.e.l.lenes; for they fulfil the object of laws, which is to make those who use them happy; and they confer every sort of good. Now goods are of two kinds: there are human and there are divine goods, and the human hang upon the divine; and the state which attains the greater, at the same time acquires the less, or, not having the greater, has neither. Of the lesser goods the first is health, the second beauty, the third strength, including swiftness in running and bodily agility generally, and the fourth is wealth, not the blind G.o.d (Pluto), but one who is keen of sight, if only he has wisdom for his companion. For wisdom is chief and leader of the divine cla.s.s of goods, and next follows temperance; and from the union of these two with courage springs justice, and fourth in the scale of virtue is courage. All these naturally take precedence of the other goods, and this is the order in which the legislator must place them, and after them he will enjoin the rest of his ordinances on the citizens with a view to these, the human looking to the divine, and the divine looking to their leader mind. Some of his ordinances will relate to contracts of marriage which they make one with another, and then to the procreation and education of children, both male and female; the duty of the lawgiver will be to take charge of his citizens, in youth and age, and at every time of life, and to give them punishments and rewards; and in reference to all their intercourse with one another, he ought to consider their pains and pleasures and desires, and the vehemence of all their pa.s.sions; he should keep a watch over them, and blame and praise them rightly by the mouth of the laws themselves. Also with regard to anger and terror, and the other perturbations of the soul, which arise out of misfortune, and the deliverances from them which prosperity brings, and the experiences which come to men in diseases, or in war, or poverty, or the opposite of these; in all these states he should determine and teach what is the good and evil of the condition of each. In the next place, the legislator has to be careful how the citizens make their money and in what way they spend it, and to have an eye to their mutual contracts and dissolutions of contracts, whether voluntary or involuntary: he should see how they order all this, and consider where justice as well as injustice is found or is wanting in their several dealings with one another; and honour those who obey the law, and impose fixed penalties on those who disobey, until the round of civil life is ended, and the time has come for the consideration of the proper funeral rites and honours of the dead. And the lawgiver reviewing his work, will appoint guardians to preside over these things,-some who walk by intelligence, others by true opinion only, and then mind will bind together all his ordinances and show them to be in harmony with temperance and justice, and not with wealth or ambition. This is the spirit, Stranger, in which I was and am desirous that you should pursue the subject. And I want to know the nature of all these things, and how they are arranged in the laws of Zeus, as they are termed, and in those of the Pythian Apollo, which Minos and Lycurgus gave; and how the order of them is discovered to his eyes, who has experience in laws gained either by study or habit, although they are far from being self-evident to the rest of mankind like ourselves.

CLEINIAS: How shall we proceed, Stranger?

ATHENIAN: I think that we must begin again as before, and first consider the habit of courage; and then we will go on and discuss another and then another form of virtue, if you please. In this way we shall have a model of the whole; and with these and similar discourses we will beguile the way. And when we have gone through all the virtues, we will show, by the grace of G.o.d, that the inst.i.tutions of which I was speaking look to virtue.

MEGILLUS: Very good; and suppose that you first criticize this praiser of Zeus and the laws of Crete.

ATHENIAN: I will try to criticize you and myself, as well as him, for the argument is a common concern. Tell me,-were not first the syssitia, and secondly the gymnasia, invented by your legislator with a view to war?

MEGILLUS: Yes.

ATHENIAN: And what comes third, and what fourth? For that, I think, is the sort of enumeration which ought to be made of the remaining parts of virtue, no matter whether you call them parts or what their name is, provided the meaning is clear.

MEGILLUS: Then I, or any other Lacedaemonian, would reply that hunting is third in order.

ATHENIAN: Let us see if we can discover what comes fourth and fifth.

MEGILLUS: I think that I can get as far as the fourth head, which is the frequent endurance of pain, exhibited among us Spartans in certain hand-to-hand fights; also in stealing with the prospect of getting a good beating; there is, too, the so-called Crypteia, or secret service, in which wonderful endurance is shown,-our people wander over the whole country by day and by night, and even in winter have not a shoe to their foot, and are without beds to lie upon, and have to attend upon themselves. Marvellous, too, is the endurance which our citizens show in their naked exercises, contending against the violent summer heat; and there are many similar practices, to speak of which in detail would be endless.

ATHENIAN: Excellent, O Lacedaemonian Stranger. But how ought we to define courage? Is it to be regarded only as a combat against fears and pains, or also against desires and pleasures, and against flatteries; which exercise such a tremendous power, that they make the hearts even of respectable citizens to melt like wax?

MEGILLUS: I should say the latter.

ATHENIAN: In what preceded, as you will remember, our Cnosian friend was speaking of a man or a city being inferior to themselves:-Were you not, Cleinias?

CLEINIAS: I was.

ATHENIAN: Now, which is in the truest sense inferior, the man who is overcome by pleasure or by pain?

CLEINIAS: I should say the man who is overcome by pleasure; for all men deem him to be inferior in a more disgraceful sense, than the other who is overcome by pain.

ATHENIAN: But surely the lawgivers of Crete and Lacedaemon have not legislated for a courage which is lame of one leg, able only to meet attacks which come from the left, but impotent against the insidious flatteries which come from the right?

CLEINIAS: Able to meet both, I should say.

ATHENIAN: Then let me once more ask, what inst.i.tutions have you in either of your states which give a taste of pleasures, and do not avoid them any more than they avoid pains; but which set a person in the midst of them, and compel or induce him by the prospect of reward to get the better of them? Where is an ordinance about pleasure similar to that about pain to be found in your laws? Tell me what there is of this nature among you:-What is there which makes your citizen equally brave against pleasure and pain, conquering what they ought to conquer, and superior to the enemies who are most dangerous and nearest home?

MEGILLUS: I was able to tell you, Stranger, many laws which were directed against pain; but I do not know that I can point out any great or obvious examples of similar inst.i.tutions which are concerned with pleasure; there are some lesser provisions, however, which I might mention.

CLEINIAS: Neither can I show anything of that sort which is at all equally prominent in the Cretan laws.

ATHENIAN: No wonder, my dear friends; and if, as is very likely, in our search after the true and good, one of us may have to censure the laws of the others, we must not be offended, but take kindly what another says.

CLEINIAS: You are quite right, Athenian Stranger, and we will do as you say.

ATHENIAN: At our time of life, Cleinias, there should be no feeling of irritation.

CLEINIAS: Certainly not.

ATHENIAN: I will not at present determine whether he who censures the Cretan or Lacedaemonian polities is right or wrong. But I believe that I can tell better than either of you what the many say about them. For a.s.suming that you have reasonably good laws, one of the best of them will be the law forbidding any young men to enquire which of them are right or wrong; but with one mouth and one voice they must all agree that the laws are all good, for they came from G.o.d; and any one who says the contrary is not to be listened to. But an old man who remarks any defect in your laws may communicate his observation to a ruler or to an equal in years when no young man is present.

CLEINIAS: Exactly so, Stranger; and like a diviner, although not there at the time, you seem to me quite to have hit the meaning of the legislator, and to say what is most true.

ATHENIAN: As there are no young men present, and the legislator has given old men free licence, there will be no impropriety in our discussing these very matters now that we are alone.

CLEINIAS: True. And therefore you may be as free as you like in your censure of our laws, for there is no discredit in knowing what is wrong; he who receives what is said in a generous and friendly spirit will be all the better for it.

ATHENIAN: Very good; however, I am not going to say anything against your laws until to the best of my ability I have examined them, but I am going to raise doubts about them. For you are the only people known to us, whether Greek or barbarian, whom the legislator commanded to eschew all great pleasures and amus.e.m.e.nts and never to touch them; whereas in the matter of pains or fears which we have just been discussing, he thought that they who from infancy had always avoided pains and fears and sorrows, when they were compelled to face them would run away from those who were hardened in them, and would become their subjects. Now the legislator ought to have considered that this was equally true of pleasure; he should have said to himself, that if our citizens are from their youth upward unacquainted with the greatest pleasures, and unused to endure amid the temptations of pleasure, and are not disciplined to refrain from all things evil, the sweet feeling of pleasure will overcome them just as fear would overcome the former cla.s.s; and in another, and even a worse manner, they will be the slaves of those who are able to endure amid pleasures, and have had the opportunity of enjoying them, they being often the worst of mankind. One half of their souls will be a slave, the other half free; and they will not be worthy to be called in the true sense men and freemen. Tell me whether you a.s.sent to my words?

CLEINIAS: On first hearing, what you say appears to be the truth; but to be hasty in coming to a conclusion about such important matters would be very childish and simple.

ATHENIAN: Suppose, Cleinias and Megillus, that we consider the virtue which follows next of those which we intended to discuss (for after courage comes temperance), what inst.i.tutions shall we find relating to temperance, either in Crete or Lacedaemon, which, like your military inst.i.tutions, differ from those of any ordinary state.

MEGILLUS: That is not an easy question to answer; still I should say that the common meals and gymnastic exercises have been excellently devised for the promotion both of temperance and courage.

ATHENIAN: There seems to be a difficulty, Stranger, with regard to states, in making words and facts coincide so that there can be no dispute about them. As in the human body, the regimen which does good in one way does harm in another; and we can hardly say that any one course of treatment is adapted to a particular const.i.tution. Now the gymnasia and common meals do a great deal of good, and yet they are a source of evil in civil troubles; as is shown in the case of the Milesian, and Boeotian, and Thurian youth, among whom these inst.i.tutions seem always to have had a tendency to degrade the ancient and natural custom of love below the level, not only of man, but of the beasts. The charge may be fairly brought against your cities above all others, and is true also of most other states which especially cultivate gymnastics. Whether such matters are to be regarded jestingly or seriously, I think that the pleasure is to be deemed natural which arises out of the intercourse between men and women; but that the intercourse of men with men, or of women with women, is contrary to nature, and that the bold attempt was originally due to unbridled l.u.s.t. The Cretans are always accused of having invented the story of Ganymede and Zeus because they wanted to justify themselves in the enjoyment of unnatural pleasures by the practice of the G.o.d whom they believe to have been their lawgiver. Leaving the story, we may observe that any speculation about laws turns almost entirely on pleasure and pain, both in states and in individuals: these are two fountains which nature lets flow, and he who draws from them where and when, and as much as he ought, is happy; and this holds of men and animals-of individuals as well as states; and he who indulges in them ignorantly and at the wrong time, is the reverse of happy.

MEGILLUS: I admit, Stranger, that your words are well spoken, and I hardly know what to say in answer to you; but still I think that the Spartan lawgiver was quite right in forbidding pleasure. Of the Cretan laws, I shall leave the defence to my Cnosian friend. But the laws of Sparta, in as far as they relate to pleasure, appear to me to be the best in the world; for that which leads mankind in general into the wildest pleasure and licence, and every other folly, the law has clean driven out; and neither in the country nor in towns which are under the control of Sparta, will you find revelries and the many incitements of every kind of pleasure which accompany them; and any one who meets a drunken and disorderly person, will immediately have him most severely punished, and will not let him off on any pretence, not even at the time of a Dionysiac festival; although I have remarked that this may happen at your performances "on the cart," as they are called; and among our Tarentine colonists I have seen the whole city drunk at a Dionysiac festival; but nothing of the sort happens among us.

ATHENIAN: O Lacedaemonian Stranger, these festivities are praiseworthy where there is a spirit of endurance, but are very senseless when they are under no regulations. In order to retaliate, an Athenian has only to point out the licence which exists among your women. To all such accusations, whether they are brought against the Tarentines, or us, or you, there is one answer which exonerates the practice in question from impropriety. When a stranger expresses wonder at the singularity of what he sees, any inhabitant will naturally answer him:-Wonder not, O stranger; this is our custom, and you may very likely have some other custom about the same things. Now we are speaking, my friends, not about men in general, but about the merits and defects of the lawgivers themselves. Let us then discourse a little more at length about intoxication, which is a very important subject, and will seriously task the discrimination of the legislator. I am not speaking of drinking, or not drinking, wine at all, but of intoxication. Are we to follow the custom of the Scythians, and Persians, and Carthaginians, and Celts, and Iberians, and Thracians, who are all warlike nations, or that of your countrymen, for they, as you say, altogether abstain? But the Scythians and Thracians, both men and women, drink unmixed wine, which they pour on their garments, and this they think a happy and glorious inst.i.tution. The Persians, again, are much given to other practices of luxury which you reject, but they have more moderation in them than the Thracians and Scythians.

MEGILLUS: O best of men, we have only to take arms into our hands, and we send all these nations flying before us.

ATHENIAN: Nay, my good friend, do not say that; there have been, as there always will be, flights and pursuits of which no account can be given, and therefore we cannot say that victory or defeat in battle affords more than a doubtful proof of the goodness or badness of inst.i.tutions. For when the greater states conquer and enslave the lesser, as the Syracusans have done the Locrians, who appear to be the best-governed people in their part of the world, or as the Athenians have done the Ceans (and there are ten thousand other instances of the same sort of thing), all this is not to the point; let us endeavour rather to form a conclusion about each inst.i.tution in itself and say nothing, at present, of victories and defeats. Let us only say that such and such a custom is honourable, and another not. And first permit me to tell you how good and bad are to be estimated in reference to these very matters.

MEGILLUS: How do you mean?

ATHENIAN: All those who are ready at a moment"s notice to praise or censure any practice which is matter of discussion, seem to me to proceed in a wrong way. Let me give you an ill.u.s.tration of what I mean:-You may suppose a person to be praising wheat as a good kind of food, whereupon another person instantly blames wheat, without ever enquiring into its effect or use, or in what way, or to whom, or with what, or in what state and how, wheat is to be given. And that is just what we are doing in this discussion. At the very mention of the word intoxication, one side is ready with their praises and the other with their censures; which is absurd. For either side adduce their witnesses and approvers, and some of us think that we speak with authority because we have many witnesses; and others because they see those who abstain conquering in battle, and this again is disputed by us. Now I cannot say that I shall be satisfied, if we go on discussing each of the remaining laws in the same way. And about this very point of intoxication I should like to speak in another way, which I hold to be the right one; for if number is to be the criterion, are there not myriads upon myriads of nations ready to dispute the point with you, who are only two cities?

MEGILLUS: I shall gladly welcome any method of enquiry which is right.

ATHENIAN: Let me put the matter thus:-Suppose a person to praise the keeping of goats, and the creatures themselves as capital things to have, and then some one who had seen goats feeding without a goatherd in cultivated spots, and doing mischief, were to censure a goat or any other animal who has no keeper, or a bad keeper, would there be any sense or justice in such censure?

MEGILLUS: Certainly not.

ATHENIAN: Does a captain require only to have nautical knowledge in order to be a good captain, whether he is sea-sick or not? What do you say?

MEGILLUS: I say that he is not a good captain if, although he have nautical skill, he is liable to sea-sickness.

ATHENIAN: And what would you say of the commander of an army? Will he be able to command merely because he has military skill if he be a coward, who, when danger comes, is sick and drunk with fear?

MEGILLUS: Impossible.

ATHENIAN: And what if besides being a coward he has no skill?

MEGILLUS: He is a miserable fellow, not fit to be a commander of men, but only of old women.

ATHENIAN: And what would you say of some one who blames or praises any sort of meeting which is intended by nature to have a ruler, and is well enough when under his presidency? The critic, however, has never seen the society meeting together at an orderly feast under the control of a president, but always without a ruler or with a bad one:-when observers of this cla.s.s praise or blame such meetings, are we to suppose that what they say is of any value?

MEGILLUS: Certainly not, if they have never seen or been present at such a meeting when rightly ordered.

ATHENIAN: Reflect; may not banqueters and banquets be said to const.i.tute a kind of meeting?

MEGILLUS: Of course.

ATHENIAN: And did any one ever see this sort of convivial meeting rightly ordered? Of course you two will answer that you have never seen them at all, because they are not customary or lawful in your country; but I have come across many of them in many different places, and moreover I have made enquiries about them wherever I went, as I may say, and never did I see or hear of anything of the kind which was carried on altogether rightly; in some few particulars they might be right, but in general they were utterly wrong.

CLEINIAS: What do you mean, Stranger, by this remark? Explain. For we, as you say, from our inexperience in such matters, might very likely not know, even if they came in our way, what was right or wrong in such societies.

ATHENIAN: Likely enough; then let me try to be your instructor: You would acknowledge, would you not, that in all gatherings of mankind, of whatever sort, there ought to be a leader?

CLEINIAS: Certainly I should.

ATHENIAN: And we were saying just now, that when men are at war the leader ought to be a brave man?

CLEINIAS: We were.

ATHENIAN: The brave man is less likely than the coward to be disturbed by fears?

CLEINIAS: That again is true.

ATHENIAN: And if there were a possibility of having a general of an army who was absolutely fearless and imperturbable, should we not by all means appoint him?

CLEINIAS: a.s.suredly.

ATHENIAN: Now, however, we are speaking not of a general who is to command an army, when foe meets foe in time of war, but of one who is to regulate meetings of another sort, when friend meets friend in time of peace.

CLEINIAS: True.

ATHENIAN: And that sort of meeting, if attended with drunkenness, is apt to be unquiet.

CLEINIAS: Certainly; the reverse of quiet.

ATHENIAN: In the first place, then, the revellers as well as the soldiers will require a ruler?

CLEINIAS: To be sure; no men more so.

ATHENIAN: And we ought, if possible, to provide them with a quiet ruler?

CLEINIAS: Of course.

ATHENIAN: And he should be a man who understands society; for his duty is to preserve the friendly feelings which exist among the company at the time, and to increase them for the future by his use of the occasion.