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Laws

by Plato

May, 1999 [Etext #1750]

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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.

The fictions of the Laws have no longer the verisimilitude which is

characteristic of the Phaedrus and the Timaeus, or even of the Statesman.

We can hardly suppose that an educated Athenian would have placed the visit

of Epimenides to Athens ten years before the Persian war, or have imagined

that a war with Messene prevented the Lacedaemonians from coming to the

rescue of Hellas. The narrative of the origin of the Dorian institutions,

which are said to have been due to a fear of the growing power of the

Assyrians, is a plausible invention, which may be compared with the tale of

the island of Atlantis and the poem of Solon, but is not accredited by

similar arts of deception. The other statement that the Dorians were

Achaean exiles assembled by Dorieus, and the assertion that Troy was

included in the Assyrian Empire, have some foundation (compare for the

latter point, Diod. Sicul.). Nor is there anywhere in the Laws that lively

enargeia, that vivid mise en scene, which is as characteristic of Plato as

of some modern novelists.

The old men are afraid of the ridicule which 'will fall on their heads more

than enough,' and they do not often indulge in a joke. In one of the few

which occur, the book of the Laws, if left incomplete, is compared to a

monster wandering about without a head. But we no longer breathe the

atmosphere of humour which pervades the Symposium and the Euthydemus, in

which we pass within a few sentences from the broadest Aristophanic joke to

the subtlest refinement of wit and fancy; instead of this, in the Laws an

impression of baldness and feebleness is often left upon our minds. Some

of the most amusing descriptions, as, for example, of children roaring for

the first three years of life; or of the Athenians walking into the country

with fighting-cocks under their arms; or of the slave doctor who knocks

about his patients finely; and the gentleman doctor who courteously

persuades them; or of the way of keeping order in the theatre, 'by a hint

from a stick,' are narrated with a commonplace gravity; but where we find

this sort of dry humour we shall not be far wrong in thinking that the

writer intended to make us laugh. The seriousness of age takes the place

of the jollity of youth. Life should have holidays and festivals; yet we

rebuke ourselves when we laugh, and take our pleasures sadly. The irony of

the earlier dialogues, of which some traces occur in the tenth book, is

replaced by a severity which hardly condescends to regard human things.

'Let us say, if you please, that man is of some account, but I was speaking

of him in comparison with God.'

The imagery and illustrations are poor in themselves, and are not assisted

by the surrounding phraseology. We have seen how in the Republic, and in

the earlier dialogues, figures of speech such as 'the wave,' 'the drone,'

'the chase,' 'the bride,' appear and reappear at intervals. Notes are

struck which are repeated from time to time, as in a strain of music.

There is none of this subtle art in the Laws. The illustrations, such as

the two kinds of doctors, 'the three kinds of funerals,' the fear potion,

the puppet, the painter leaving a successor to restore his picture, the

'person stopping to consider where three ways meet,' the 'old laws about

water of which he will not divert the course,' can hardly be said to do

much credit to Plato's invention. The citations from the poets have lost

that fanciful character which gave them their charm in the earlier

dialogues. We are tired of images taken from the arts of navigation, or

archery, or weaving, or painting, or medicine, or music. Yet the

comparisons of life to a tragedy, or of the working of mind to the

revolution of the self-moved, or of the aged parent to the image of a God

dwelling in the house, or the reflection that 'man is made to be the

plaything of God, and that this rightly considered is the best of him,'

have great beauty.

2. The clumsiness of the style is exhibited in frequent mannerisms and

repetitions. The perfection of the Platonic dialogue consists in the

accuracy with which the question and answer are fitted into one another,

and the regularity with which the steps of the argument succeed one

another. This finish of style is no longer discernible in the Laws. There

is a want of variety in the answers; nothing can be drawn out of the

respondents but 'Yes' or 'No,' 'True,' 'To be sure,' etc.; the insipid

forms, 'What do you mean?' 'To what are you referring?' are constantly

returning. Again and again the speaker is charged, or charges himself,

with obscurity; and he repeats again and again that he will explain his

views more clearly. The process of thought which should be latent in the

mind of the writer appears on the surface. In several passages the

Athenian praises himself in the most unblushing manner, very unlike the

irony of the earlier dialogues, as when he declares that 'the laws are a

divine work given by some inspiration of the Gods,' and that 'youth should

commit them to memory instead of the compositions of the poets.' The

prosopopoeia which is adopted by Plato in the Protagoras and other

dialogues is repeated until we grow weary of it. The legislator is always

addressing the speakers or the youth of the state, and the speakers are

constantly making addresses to the legislator. A tendency to a paradoxical

manner of statement is also observable. 'We must have drinking,' 'we must

have a virtuous tyrant'--this is too much for the duller wits of the

Lacedaemonian and Cretan, who at first start back in surprise. More than

in any other writing of Plato the tone is hortatory; the laws are sermons

as well as laws; they are considered to have a religious sanction, and to

rest upon a religious sentiment in the mind of the citizens. The words of

the Athenian are attributed to the Lacedaemonian and Cretan, who are

supposed to have made them their own, after the manner of the earlier

dialogues. Resumptions of subjects which have been half disposed of in a

previous passage constantly occur: the arrangement has neither the

clearness of art nor the freedom of nature. Irrelevant remarks are made

here and there, or illustrations used which are not properly fitted in.

The dialogue is generally weak and laboured, and is in the later books

fairly given up, apparently, because unsuited to the subject of the work.

The long speeches or sermons of the Athenian, often extending over several

pages, have never the grace and harmony which are exhibited in the earlier

dialogues. For Plato is incapable of sustained composition; his genius is

dramatic rather than oratorical; he can converse, but he cannot make a

speech. Even the Timaeus, which is one of his most finished works, is full

of abrupt transitions. There is the same kind of difference between the

dialogue and the continuous discourse of Plato as between the narrative and

speeches of Thucydides.

3. The perfection of style is variety in unity, freedom, ease, clearness,

the power of saying anything, and of striking any note in the scale of

human feelings without impropriety; and such is the divine gift of language

possessed by Plato in the Symposium and Phaedrus. From this there are many

fallings-off in the Laws: first, in the structure of the sentences, which

are rhythmical and monotonous,--the formal and sophistical manner of the

age is superseding the natural genius of Plato: secondly, many of them are

of enormous length, and the latter end often forgets the beginning of

them,--they seem never to have received the second thoughts of the author;

either the emphasis is wrongly placed, or there is a want of point in a

clause; or an absolute case occurs which is not properly separated from the

rest of the sentence; or words are aggregated in a manner which fails to

show their relation to one another; or the connecting particles are omitted

at the beginning of sentences; the uses of the relative and antecedent are

more indistinct, the changes of person and number more frequent, examples

of pleonasm, tautology, and periphrasis, antitheses of positive and

negative, false emphasis, and other affectations, are more numerous than in

the other writings of Plato; there is also a more common and sometimes

unmeaning use of qualifying formulae, os epos eipein, kata dunamin, and of

double expressions, pante pantos, oudame oudamos, opos kai ope--these are

too numerous to be attributed to errors in the text; again, there is an

over-curious adjustment of verb and participle, noun and epithet, and other

artificial forms of cadence and expression take the place of natural

variety: thirdly, the absence of metaphorical language is remarkable--the

style is not devoid of ornament, but the ornament is of a debased

rhetorical kind, patched on to instead of growing out of the subject; there

is a great command of words, and a laboured use of them; forced attempts at

metaphor occur in several passages,--e.g. parocheteuein logois; ta men os

tithemena ta d os paratithemena; oinos kolazomenos upo nephontos eterou

theou; the plays on the word nomos = nou dianome, ode etara: fourthly,

there is a foolish extravagance of language in other passages,--'the

swinish ignorance of arithmetic;' 'the justice and suitableness of the

discourse on laws;' over-emphasis; 'best of Greeks,' said of all the

Greeks, and the like: fifthly, poor and insipid illustrations are also

common: sixthly, we may observe an excessive use of climax and hyperbole,

aischron legein chre pros autous doulon te kai doulen kai paida kai ei pos

oion te olen ten oikian: dokei touto to epitedeuma kata phusin tas peri ta

aphrodisia edonas ou monon anthropon alla kai therion diephtharkenai.

4. The peculiarities in the use of words which occur in the Laws have been

collected by Zeller (Platonische Studien) and Stallbaum (Legg.): first, in

the use of nouns, such as allodemia, apeniautesis, glukuthumia, diatheter,

thrasuxenia, koros, megalonoia, paidourgia: secondly, in the use of

adjectives, such as aistor, biodotes, echthodopos, eitheos, chronios, and

of adverbs, such as aniditi, anatei, nepoivei: thirdly, in the use of

verbs, such as athurein, aissein (aixeien eipein), euthemoneisthai,

parapodizesthai, sebein, temelein, tetan. These words however, as

Stallbaum remarks, are formed according to analogy, and nearly all of them

have the support of some poetical or other authority.

Zeller and Stallbaum have also collected forms of words in the Laws,

differing from the forms of the same words which occur in other places:

e.g. blabos for blabe, abios for abiotos, acharistos for acharis, douleios

for doulikos, paidelos for paidikos, exagrio for exagriaino, ileoumai for

ilaskomai, and the Ionic word sophronistus, meaning 'correction.' Zeller

has noted a fondness for substantives ending in -ma and -sis, such as

georgema, diapauma, epithumema, zemioma, komodema, omilema; blapsis,

loidoresis, paraggelsis, and others; also a use of substantives in the

plural, which are commonly found only in the singular, maniai, atheotetes,

phthonoi, phoboi, phuseis; also, a peculiar use of prepositions in

composition, as in eneirgo, apoblapto, dianomotheteo, dieiretai,

dieulabeisthai, and other words; also, a frequent occurrence of the Ionic

datives plural in -aisi and -oisi, perhaps used for the sake of giving an

ancient or archaic effect.

To these peculiarities of words he has added a list of peculiar expressions

and constructions. Among the most characteristic are the following:

athuta pallakon spermata; amorphoi edrai; osa axiomata pros archontas; oi

kata polin kairoi; muthos, used in several places of 'the discourse about

laws;' and connected with this the frequent use of paramuthion and

paramutheisthai in the general sense of 'address,' 'addressing'; aimulos

eros; ataphoi praxeis; muthos akephalos; ethos euthuporon. He remarks also

on the frequent employment of the abstract for the concrete; e.g. uperesia

for uperetai, phugai for phugades, mechanai in the sense of 'contrivers,'

douleia for douloi, basileiai for basileis, mainomena kedeumata for ganaika

mainomenen; e chreia ton paidon in the sense of 'indigent children,' and

paidon ikanotes; to ethos tes apeirias for e eiothuia apeiria; kuparitton

upse te kai kalle thaumasia for kuparittoi mala upselai kai kalai. He

further notes some curious uses of the genitive case, e.g. philias

omologiai, maniai orges, laimargiai edones, cheimonon anupodesiai, anosioi

plegon tolmai; and of the dative, omiliai echthrois, nomothesiai, anosioi

plegon tolmai; and of the dative omiliai echthrois, nomothesiai epitropois;

and also some rather uncommon periphrases, thremmata Neilou, xuggennetor

teknon for alochos, Mouses lexis for poiesis, zographon paides, anthropon

spermata and the like; the fondness for particles of limitation, especially

tis and ge, sun tisi charisi, tois ge dunamenois and the like; the

pleonastic use of tanun, of os, of os eros eipein, of ekastote; and the

periphrastic use of the preposition peri. Lastly, he observes the tendency

to hyperbata or transpositions of words, and to rhythmical uniformity as

well as grammatical irregularity in the structure of the sentences.

For nearly all the expressions which are adduced by Zeller as arguments

against the genuineness of the Laws, Stallbaum finds some sort of

authority. There is no real ground for doubting that the work was written

by Plato, merely because several words occur in it which are not found in

his other writings. An imitator may preserve the usual phraseology of a

writer better than he would himself. But, on the other hand, the fact that

authorities may be quoted in support of most of these uses of words, does

not show that the diction is not peculiar. Several of them seem to be

poetical or dialectical, and exhibit an attempt to enlarge the limits of

Greek prose by the introduction of Homeric and tragic expressions. Most of

them do not appear to have retained any hold on the later language of

Greece. Like several experiments in language of the writers of the

Elizabethan age, they were afterwards lost; and though occasionally found

in Plutarch and imitators of Plato, they have not been accepted by

Aristotle or passed into the common dialect of Greece.

5. Unequal as the Laws are in style, they contain a few passages which are

very grand and noble. For example, the address to the poets: 'Best of

strangers, we also are poets of the best and noblest tragedy; for our whole

state is an imitation of the best and noblest life, which we affirm to be

indeed the very truth of tragedy.' Or again, the sight of young men and

maidens in friendly intercourse with one another, suggesting the dangers to

which youth is liable from the violence of passion; or the eloquent

denunciation of unnatural lusts in the same passage; or the charming

thought that the best legislator 'orders war for the sake of peace and not

peace for the sake of war;' or the pleasant allusion, 'O Athenian--

inhabitant of Attica, I will not say, for you seem to me worthy to be named

after the Goddess Athene because you go back to first principles;' or the

pithy saying, 'Many a victory has been and will be suicidal to the victors,

but education is never suicidal;' or the fine expression that 'the walls of

a city should be allowed to sleep in the earth, and that we should not

attempt to disinter them;' or the remark that 'God is the measure of all

things in a sense far higher than any man can be;' or that 'a man should be

from the first a partaker of the truth, that he may live a true man as long

as possible;' or the principle repeatedly laid down, that 'the sins of the

fathers are not to be visited on the children;' or the description of the

funeral rites of those priestly sages who depart in innocence; or the noble

sentiment, that we should do more justice to slaves than to equals; or the

curious observation, founded, perhaps, on his own experience, that there

are a few 'divine men in every state however corrupt, whose conversation is

of inestimable value;' or the acute remark, that public opinion is to be

respected, because the judgments of mankind about virtue are better than

their practice; or the deep religious and also modern feeling which

pervades the tenth book (whatever may be thought of the arguments); the

sense of the duty of living as a part of a whole, and in dependence on the

will of God, who takes care of the least things as well as the greatest;

and the picture of parents praying for their children--not as we may say,

slightly altering the words of Plato, as if there were no truth or reality

in the Gentile religions, but as if there were the greatest--are very

striking to us. We must remember that the Laws, unlike the Republic, do

not exhibit an ideal state, but are supposed to be on the level of human

motives and feelings; they are also on the level of the popular religion,

though elevated and purified: hence there is an attempt made to show that

the pleasant is also just. But, on the other hand, the priority of the

soul to the body, and of God to the soul, is always insisted upon as the

true incentive to virtue; especially with great force and eloquence at the

commencement of Book v. And the work of legislation is carried back to the

first principles of morals.

6. No other writing of Plato shows so profound an insight into the world

and into human nature as the Laws. That 'cities will never cease from ill

until they are better governed,' is the text of the Laws as well as of the

Statesman and Republic. The principle that the balance of power preserves

states; the reflection that no one ever passed his whole life in disbelief

of the Gods; the remark that the characters of men are best seen in

convivial intercourse; the observation that the people must be allowed to

share not only in the government, but in the administration of justice; the

desire to make laws, not with a view to courage only, but to all virtue;

the clear perception that education begins with birth, or even, as he would

say, before birth; the attempt to purify religion; the modern reflections,

that punishment is not vindictive, and that limits must be set to the power

of bequest; the impossibility of undeceiving the victims of quacks and

jugglers; the provision for water, and for other requirements of health,

and for concealing the bodies of the dead with as little hurt as possible

to the living; above all, perhaps, the distinct consciousness that under

the actual circumstances of mankind the ideal cannot be carried out, and

yet may be a guiding principle--will appear to us, if we remember that we

are still in the dawn of politics, to show a great depth of political

wisdom.

IV. The Laws of Plato contain numerous passages which closely resemble

other passages in his writings. And at first sight a suspicion arises that

the repetition shows the unequal hand of the imitator. For why should a

writer say over again, in a more imperfect form, what he had already said

in his most finished style and manner? And yet it may be urged on the

other side that an author whose original powers are beginning to decay will

be very liable to repeat himself, as in conversation, so in books. He may

have forgotten what he had written before; he may be unconscious of the

decline of his own powers. Hence arises a question of great interest,

bearing on the genuineness of ancient writers. Is there any criterion by

which we can distinguish the genuine resemblance from the spurious, or, in

other words, the repetition of a thought or passage by an author himself

from the appropriation of it by another? The question has, perhaps, never

been fully discussed; and, though a real one, does not admit of a precise

answer. A few general considerations on the subject may be offered:--

(a) Is the difference such as might be expected to arise at different times

of life or under different circumstances?--There would be nothing

surprising in a writer, as he grew older, losing something of his own

originality, and falling more and more under the spirit of his age. 'What

a genius I had when I wrote that book!' was the pathetic exclamation of a

famous English author, when in old age he chanced to take up one of his

early works. There would be nothing surprising again in his losing

somewhat of his powers of expression, and becoming less capable of framing

language into a harmonious whole. There would also be a strong presumption

that if the variation of style was uniform, it was attributable to some

natural cause, and not to the arts of the imitator. The inferiority might

be the result of feebleness and of want of activity of mind. But the

natural weakness of a great author would commonly be different from the

artificial weakness of an imitator; it would be continuous and uniform.

The latter would be apt to fill his work with irregular patches, sometimes

taken verbally from the writings of the author whom he personated, but

rarely acquiring his spirit. His imitation would be obvious, irregular,

superficial. The patches of purple would be easily detected among his

threadbare and tattered garments. He would rarely take the pains to put

the same thought into other words. There were many forgeries in English

literature which attained a considerable degree of success 50 or 100 years

ago; but it is doubtful whether attempts such as these could now escape

detection, if there were any writings of the same author or of the same age

to be compared with them. And ancient forgers were much less skilful than

modern; they were far from being masters in the art of deception, and had

rarely any motive for being so.

(b) But, secondly, the imitator will commonly be least capable of

understanding or imitating that part of a great writer which is most

characteristic of him. In every man's writings there is something like

himself and unlike others, which gives individuality. To appreciate this

latent quality would require a kindred mind, and minute study and

observation. There are a class of similarities which may be called

undesigned coincidences, which are so remote as to be incapable of being

borrowed from one another, and yet, when they are compared, find a natural

explanation in their being the work of the same mind. The imitator might

copy the turns of style--he might repeat images or illustrations, but he

could not enter into the inner circle of Platonic philosophy. He would

understand that part of it which became popular in the next generation, as

for example, the doctrine of ideas or of numbers: he might approve of

communism. But the higher flights of Plato about the science of dialectic,

or the unity of virtue, or a person who is above the law, would be

unintelligible to him.

(c) The argument from imitation assumes a different character when the

supposed imitations are associated with other passages having the impress

of original genius. The strength of the argument from undesigned

coincidences of style is much increased when they are found side by side

with thoughts and expressions which can only have come from a great

original writer. The great excellence, not only of the whole, but even of

the parts of writings, is a strong proof of their genuineness--for although

the great writer may fall below, the forger or imitator cannot rise much

above himself. Whether we can attribute the worst parts of a work to a

forger and the best to a great writer,--as for example, in the case of some

of Shakespeare's plays,--depends upon the probability that they have been

interpolated, or have been the joint work of two writers; and this can only

be established either by express evidence or by a comparison of other

writings of the same class. If the interpolation or double authorship of

Greek writings in the time of Plato could be shown to be common, then a

question, perhaps insoluble, would arise, not whether the whole, but

whether parts of the Platonic dialogues are genuine, and, if parts only,

which parts. Hebrew prophecies and Homeric poems and Laws of Manu may have

grown together in early times, but there is no reason to think that any of

the dialogues of Plato is the result of a similar process of accumulation.

It is therefore rash to say with Oncken (Die Staatslehre des Aristoteles)

that the form in which Aristotle knew the Laws of Plato must have been

different from that in which they have come down to us.

It must be admitted that these principles are difficult of application.

Yet a criticism may be worth making which rests only on probabilities or

impressions. Great disputes will arise about the merits of different

passages, about what is truly characteristic and original or trivial and

borrowed. Many have thought the Laws to be one of the greatest of Platonic

writings, while in the judgment of Mr. Grote they hardly rise above the

level of the forged epistles. The manner in which a writer would or would

not have written at a particular time of life must be acknowledged to be a

matter of conjecture. But enough has been said to show that similarities

of a certain kind, whether criticism is able to detect them or not, may be

such as must be attributed to an original writer, and not to a mere

imitator.

(d) Applying these principles to the case of the Laws, we have now to point

out that they contain the class of refined or unconscious similarities

which are indicative of genuineness. The parallelisms are like the

repetitions of favourite thoughts into which every one is apt to fall

unawares in conversation or in writing. They are found in a work which

contains many beautiful and remarkable passages. We may therefore begin by

claiming this presumption in their favour. Such undesigned coincidences,

as we may venture to call them, are the following. The conception of

justice as the union of temperance, wisdom, courage (Laws; Republic): the

latent idea of dialectic implied in the notion of dividing laws after the

kinds of virtue (Laws); the approval of the method of looking at one idea

gathered from many things, 'than which a truer was never discovered by any

man' (compare Republic): or again the description of the Laws as parents

(Laws; Republic): the assumption that religion has been already settled by

the oracle of Delphi (Laws; Republic), to which an appeal is also made in

special cases (Laws): the notion of the battle with self, a paradox for

which Plato in a manner apologizes both in the Laws and the Republic: the

remark (Laws) that just men, even when they are deformed in body, may still

be perfectly beautiful in respect of the excellent justice of their minds

(compare Republic): the argument that ideals are none the worse because

they cannot be carried out (Laws; Republic): the near approach to the idea

of good in 'the principle which is common to all the four virtues,' a truth

which the guardians must be compelled to recognize (Laws; compare

Republic): or again the recognition by reason of the right pleasure and

pain, which had previously been matter of habit (Laws; Republic): or the

blasphemy of saying that the excellency of music is to give pleasure (Laws;

Republic): again the story of the Sidonian Cadmus (Laws), which is a

variation of the Phoenician tale of the earth-born men (Republic): the

comparison of philosophy to a yelping she-dog, both in the Republic and in

the Laws: the remark that no man can practise two trades (Laws; Republic):

or the advantage of the middle condition (Laws; Republic): the tendency to

speak of principles as moulds or forms; compare the ekmageia of song

(Laws), and the tupoi of religion (Republic): or the remark (Laws) that

'the relaxation of justice makes many cities out of one,' which may be

compared with the Republic: or the description of lawlessness 'creeping in

little by little in the fashions of music and overturning all things,'--to

us a paradox, but to Plato's mind a fixed idea, which is found in the Laws

as well as in the Republic: or the figure of the parts of the human body

under which the parts of the state are described (Laws; Republic): the

apology for delay and diffuseness, which occurs not unfrequently in the

Republic, is carried to an excess in the Laws (compare Theaet.): the

remarkable thought (Laws) that the soul of the sun is better than the sun,

agrees with the relation in which the idea of good stands to the sun in the

Republic, and with the substitution of mind for the idea of good in the

Philebus: the passage about the tragic poets (Laws) agrees generally with

the treatment of them in the Republic, but is more finely conceived, and

worked out in a nobler spirit. Some lesser similarities of thought and

manner should not be omitted, such as the mention of the thirty years' old

students in the Republic, and the fifty years' old choristers in the Laws;

or the making of the citizens out of wax (Laws) compared with the other

image (Republic); or the number of the tyrant (729), which is NEARLY equal

with the number of days and nights in the year (730), compared with the

'slight correction' of the sacred number 5040, which is divisible by all

the numbers from 1 to 12 except 11, and divisible by 11, if two families be

deducted; or once more, we may compare the ignorance of solid geometry of

which he complains in the Republic and the puzzle about fractions with the

difficulty in the Laws about commensurable and incommensurable quantities--

and the malicious emphasis on the word gunaikeios (Laws) with the use of

the same word (Republic). These and similar passages tend to show that the

author of the Republic is also the author of the Laws. They are echoes of

the same voice, expressions of the same mind, coincidences too subtle to

have been invented by the ingenuity of any imitator. The force of the

argument is increased, if we remember that no passage in the Laws is

exactly copied,--nowhere do five or six words occur together which are

found together elsewhere in Plato's writings.

In other dialogues of Plato, as well as in the Republic, there are to be

found parallels with the Laws. Such resemblances, as we might expect,

occur chiefly (but not exclusively) in the dialogues which, on other

grounds, we may suppose to be of later date. The punishment of evil is to

be like evil men (Laws), as he says also in the Theaetetus. Compare again

the dependence of tragedy and comedy on one another, of which he gives the

reason in the Laws--'For serious things cannot be understood without

laughable, nor opposites at all without opposites, if a man is really to

have intelligence of either'; here he puts forward the principle which is

the groundwork of the thesis of Socrates in the Symposium, 'that the genius

of tragedy is the same as that of comedy, and that the writer of comedy

ought to be a writer of tragedy also.' There is a truth and right which is

above Law (Laws), as we learn also from the Statesman. That men are the

possession of the Gods (Laws), is a reflection which likewise occurs in the

Phaedo. The remark, whether serious or ironical (Laws), that 'the sons of

the Gods naturally believed in the Gods, because they had the means of

knowing about them,' is found in the Timaeus. The reign of Cronos, who is

the divine ruler (Laws), is a reminiscence of the Statesman. It is

remarkable that in the Sophist and Statesman (Soph.), Plato, speaking in

the character of the Eleatic Stranger, has already put on the old man. The

madness of the poets, again, is a favourite notion of Plato's, which occurs

also in the Laws, as well as in the Phaedrus, Ion, and elsewhere. There

are traces in the Laws of the same desire to base speculation upon history

which we find in the Critias. Once more, there is a striking parallel with

the paradox of the Gorgias, that 'if you do evil, it is better to be

punished than to be unpunished,' in the Laws: 'To live having all goods

without justice and virtue is the greatest of evils if life be immortal,

but not so great if the bad man lives but a short time.'

The point to be considered is whether these are the kind of parallels which

would be the work of an imitator. Would a forger have had the wit to

select the most peculiar and characteristic thoughts of Plato; would he

have caught the spirit of his philosophy; would he, instead of openly

borrowing, have half concealed his favourite ideas; would he have formed

them into a whole such as the Laws; would he have given another the credit

which he might have obtained for himself; would he have remembered and made

use of other passages of the Platonic writings and have never deviated into

the phraseology of them? Without pressing such arguments as absolutely

certain, we must acknowledge that such a comparison affords a new ground of

real weight for believing the Laws to be a genuine writing of Plato.

V. The relation of the Republic to the Laws is clearly set forth by Plato

in the Laws. The Republic is the best state, the Laws is the best possible

under the existing conditions of the Greek world. The Republic is the

ideal, in which no man calls anything his own, which may or may not have

existed in some remote clime, under the rule of some God, or son of a God

(who can say?), but is, at any rate, the pattern of all other states and

the exemplar of human life. The Laws distinctly acknowledge what the

Republic partly admits, that the ideal is inimitable by us, but that we

should 'lift up our eyes to the heavens' and try to regulate our lives

according to the divine image. The citizens are no longer to have wives

and children in common, and are no longer to be under the government of

philosophers. But the spirit of communism or communion is to continue

among them, though reverence for the sacredness of the family, and respect

of children for parents, not promiscuous hymeneals, are now the foundation

of the state; the sexes are to be as nearly on an equality as possible;

they are to meet at common tables, and to share warlike pursuits (if the

women will consent), and to have a common education. The legislator has

taken the place of the philosopher, but a council of elders is retained,

who are to fulfil the duties of the legislator when he has passed out of

life. The addition of younger persons to this council by co-optation is an

improvement on the governing body of the Republic. The scheme of education

in the Laws is of a far lower kind than that which Plato had conceived in

the Republic. There he would have his rulers trained in all knowledge

meeting in the idea of good, of which the different branches of

mathematical science are but the hand-maidens or ministers; here he treats

chiefly of popular education, stopping short with the preliminary

sciences,--these are to be studied partly with a view to their practical

usefulness, which in the Republic he holds cheap, and even more with a view

to avoiding impiety, of which in the Republic he says nothing; he touches

very lightly on dialectic, which is still to be retained for the rulers.

Yet in the Laws there remain traces of the old educational ideas. He is

still for banishing the poets; and as he finds the works of prose writers

equally dangerous, he would substitute for them the study of his own laws.

He insists strongly on the importance of mathematics as an educational

instrument. He is no more reconciled to the Greek mythology than in the

Republic, though he would rather say nothing about it out of a reverence

for antiquity; and he is equally willing to have recourse to fictions, if

they have a moral tendency. His thoughts recur to a golden age in which

the sanctity of oaths was respected and in which men living nearer the Gods

were more disposed to believe in them; but we must legislate for the world

as it is, now that the old beliefs have passed away. Though he is no

longer fired with dialectical enthusiasm, he would compel the guardians to

'look at one idea gathered from many things,' and to 'perceive the

principle which is the same in all the four virtues.' He still recognizes

the enormous influence of music, in which every youth is to be trained for

three years; and he seems to attribute the existing degeneracy of the

Athenian state and the laxity of morals partly to musical innovation,

manifested in the unnatural divorce of the instrument and the voice, of the

rhythm from the words, and partly to the influence of the mob who ruled at

the theatres. He assimilates the education of the two sexes, as far as

possible, both in music and gymnastic, and, as in the Republic, he would

give to gymnastic a purely military character. In marriage, his object is

still to produce the finest children for the state. As in the Statesman,

he would unite in wedlock dissimilar natures--the passionate with the dull,

the courageous with the gentle. And the virtuous tyrant of the Statesman,

who has no place in the Republic, again appears. In this, as in all his

writings, he has the strongest sense of the degeneracy and incapacity of

the rulers of his own time.

In the Laws, the philosophers, if not banished, like the poets, are at

least ignored; and religion takes the place of philosophy in the regulation

of human life. It must however be remembered that the religion of Plato is

co-extensive with morality, and is that purified religion and mythology of

which he speaks in the second book of the Republic. There is no real

discrepancy in the two works. In a practical treatise, he speaks of

religion rather than of philosophy; just as he appears to identify virtue

with pleasure, and rather seeks to find the common element of the virtues

than to maintain his old paradoxical theses that they are one, or that they

are identical with knowledge. The dialectic and the idea of good, which

even Glaucon in the Republic could not understand, would be out of place in

a less ideal work. There may also be a change in his own mind, the purely

intellectual aspect of philosophy having a diminishing interest to him in

his old age.

Some confusion occurs in the passage in which Plato speaks of the Republic,

occasioned by his reference to a third state, which he proposes (D.V.)

hereafter to expound. Like many other thoughts in the Laws, the allusion

is obscure from not being worked out. Aristotle (Polit.) speaks of a state

which is neither the best absolutely, nor the best under existing

conditions, but an imaginary state, inferior to either, destitute, as he

supposes, of the necessaries of life--apparently such a beginning of

primitive society as is described in Laws iii. But it is not clear that by

this the third state of Plato is intended. It is possible that Plato may

have meant by his third state an historical sketch, bearing the same

relation to the Laws which the unfinished Critias would have borne to the

Republic; or he may, perhaps, have intended to describe a state more nearly

approximating than the Laws to existing Greek states.

The Statesman is a mere fragment when compared with the Laws, yet combining

a second interest of dialectic as well as politics, which is wanting in the

larger work. Several points of similarity and contrast may be observed

between them. In some respects the Statesman is even more ideal than the

Republic, looking back to a former state of paradisiacal life, in which the

Gods ruled over mankind, as the Republic looks forward to a coming kingdom

of philosophers. Of this kingdom of Cronos there is also mention in the

Laws. Again, in the Statesman, the Eleatic Stranger rises above law to the

conception of the living voice of the lawgiver, who is able to provide for

individual cases. A similar thought is repeated in the Laws: 'If in the

order of nature, and by divine destiny, a man were able to apprehend the

truth about these things, he would have no need of laws to rule over him;

for there is no law or order above knowledge, nor can mind without impiety

be deemed the subject or slave of any, but rather the lord of all.' The

union of opposite natures, who form the warp and the woof of the political

web, is a favourite thought which occurs in both dialogues (Laws;

Statesman).

The Laws are confessedly a Second-best, an inferior Ideal, to which Plato

has recourse, when he finds that the city of Philosophers is no longer

'within the horizon of practical politics.' But it is curious to observe

that the higher Ideal is always returning (compare Arist. Polit.), and that

he is not much nearer the actual fact, nor more on the level of ordinary

life in the Laws than in the Republic. It is also interesting to remark

that the new Ideal is always falling away, and that he hardly supposes the

one to be more capable of being realized than the other. Human beings are

troublesome to manage; and the legislator cannot adapt his enactments to

the infinite variety of circumstances; after all he must leave the

administration of them to his successors; and though he would have liked to

make them as permanent as they are in Egypt, he cannot escape from the

necessity of change. At length Plato is obliged to institute a Nocturnal

Council which is supposed to retain the mind of the legislator, and of

which some of the members are even supposed to go abroad and inspect the

institutions of foreign countries, as a foundation for changes in their

own. The spirit of such changes, though avoiding the extravagance of a

popular assembly, being only so much change as the conservative temper of

old members is likely to allow, is nevertheless inconsistent with the

fixedness of Egypt which Plato wishes to impress upon Hellenic

institutions. He is inconsistent with himself as the truth begins to dawn

upon him that 'in the execution things for the most part fall short of our

conception of them' (Republic).

And is not this true of ideals of government in general? We are always

disappointed in them. Nothing great can be accomplished in the short space

of human life; wherefore also we look forward to another (Republic). As we

grow old, we are sensible that we have no power actively to pursue our

ideals any longer. We have had our opportunity and do not aspire to be

more than men: we have received our 'wages and are going home.' Neither

do we despair of the future of mankind, because we have been able to do so

little in comparison of the whole. We look in vain for consistency either

in men or things. But we have seen enough of improvement in our own time

to justify us in the belief that the world is worth working for and that a

good man's life is not thrown away. Such reflections may help us to bring

home to ourselves by inward sympathy the language of Plato in the Laws, and

to combine into something like a whole his various and at first sight

inconsistent utterances.

VI. The Republic may be described as the Spartan constitution appended to

a government of philosophers. But in the Laws an Athenian element is also

introduced. Many enactments are taken from the Athenian; the four classes

are borrowed from the constitution of Cleisthenes, which Plato regards as

the best form of Athenian government, and the guardians of the law bear a

certain resemblance to the archons. In the constitution of the Laws nearly

all officers are elected by a vote more or less popular and by lot. But

the assembly only exists for the purposes of election, and has no

legislative or executive powers. The Nocturnal Council, which is the

highest body in the state, has several of the functions of the ancient

Athenian Areopagus, after which it appears to be modelled. Life is to

wear, as at Athens, a joyous and festive look; there are to be Bacchic

choruses, and men of mature age are encouraged in moderate potations. On

the other hand, the common meals, the public education, the crypteia are

borrowed from Sparta and not from Athens, and the superintendence of

private life, which was to be practised by the governors, has also its

prototype in Sparta. The extravagant dislike which Plato shows both to a

naval power and to extreme democracy is the reverse of Athenian.

The best-governed Hellenic states traced the origin of their laws to

individual lawgivers. These were real persons, though we are uncertain how

far they originated or only modified the institutions which are ascribed to

them. But the lawgiver, though not a myth, was a fixed idea in the mind of

the Greek,--as fixed as the Trojan war or the earth-born Cadmus. 'This was

what Solon meant or said'--was the form in which the Athenian expressed his

own conception of right and justice, or argued a disputed point of law.

And the constant reference in the Laws of Plato to the lawgiver is

altogether in accordance with Greek modes of thinking and speaking.

There is also, as in the Republic, a Pythagorean element. The highest

branch of education is arithmetic; to know the order of the heavenly

bodies, and to reconcile the apparent contradiction of their movements, is

an important part of religion; the lives of the citizens are to have a

common measure, as also their vessels and coins; the great blessing of the

state is the number 5040. Plato is deeply impressed by the antiquity of

Egypt, and the unchangeableness of her ancient forms of song and dance.

And he is also struck by the progress which the Egyptians had made in the

mathematical sciences--in comparison of them the Greeks appeared to him to

be little better than swine. Yet he censures the Egyptian meanness and

inhospitality to strangers. He has traced the growth of states from their

rude beginnings in a philosophical spirit; but of any life or growth of the

Hellenic world in future ages he is silent. He has made the reflection

that past time is the maker of states (Book iii.); but he does not argue

from the past to the future, that the process is always going on, or that

the institutions of nations are relative to their stage of civilization.

If he could have stamped indelibly upon Hellenic states the will of the

legislator, he would have been satisfied. The utmost which he expects of

future generations is that they should supply the omissions, or correct the

errors which younger statesmen detect in his enactments. When institutions

have been once subjected to this process of criticism, he would have them

fixed for ever.

THE PREAMBLE.

BOOK I. Strangers, let me ask a question of you--Was a God or a man the

author of your laws? 'A God, Stranger. In Crete, Zeus is said to have

been the author of them; in Sparta, as Megillus will tell you, Apollo.'

You Cretans believe, as Homer says, that Minos went every ninth year to

converse with his Olympian sire, and gave you laws which he brought from

him. 'Yes; and there was Rhadamanthus, his brother, who is reputed among

us to have been a most righteous judge.' That is a reputation worthy of

the son of Zeus. And as you and Megillus have been trained under these

laws, I may ask you to give me an account of them. We can talk about them

in our walk from Cnosus to the cave and temple of Zeus. I am told that the

distance is considerable, but probably there are shady places under the

trees, where, being no longer young, we may often rest and converse. 'Yes,

Stranger, a little onward there are beautiful groves of cypresses, and

green meadows in which we may repose.'

My first question is, Why has the law ordained that you should have common

meals, and practise gymnastics, and bear arms? 'My answer is, that all our

institutions are of a military character. We lead the life of the camp

even in time of peace, keeping up the organization of an army, and having

meals in common; and as our country, owing to its ruggedness, is ill-suited

for heavy-armed cavalry or infantry, our soldiers are archers, equipped

with bows and arrows. The legislator was under the idea that war was the

natural state of all mankind, and that peace is only a pretence; he thought

that no possessions had any value which were not secured against enemies.'

And do you think that superiority in war is the proper aim of government?

'Certainly I do, and my Spartan friend will agree with me.' And are there

wars, not only of state against state, but of village against village, of

family against family, of individual against individual? 'Yes.' And is a

man his own enemy? 'There you come to first principles, like a true votary

of the goddess Athene; and this is all the better, for you will the sooner

recognize the truth of what I am saying--that all men everywhere are the

enemies of all, and each individual of every other and of himself; and,

further, that there is a victory and defeat--the best and the worst--which

each man sustains, not at the hands of another, but of himself.' And does

this extend to states and villages as well as to individuals? 'Certainly;

there is a better in them which conquers or is conquered by the worse.'

Whether the worse ever really conquers the better, is a question which may

be left for the present; but your meaning is, that bad citizens do

sometimes overcome the good, and that the state is then conquered by

herself, and that when they are defeated the state is victorious over

herself. Or, again, in a family there may be several brothers, and the bad

may be a majority; and when the bad majority conquer the good minority, the

family are worse than themselves. The use of the terms 'better or worse

than himself or themselves' may be doubtful, but about the thing meant

there can be no dispute. 'Very true.' Such a struggle might be determined

by a judge. And which will be the better judge--he who destroys the worse

and lets the better rule, or he who lets the better rule and makes the

others voluntarily obey; or, thirdly, he who destroys no one, but

reconciles the two parties? 'The last, clearly.' But the object of such a

judge or legislator would not be war. 'True.' And as there are two kinds

of war, one without and one within a state, of which the internal is by far

the worse, will not the legislator chiefly direct his attention to this

latter? He will reconcile the contending factions, and unite them against

their external enemies. 'Certainly.' Every legislator will aim at the

greatest good, and the greatest good is not victory in war, whether civil

or external, but mutual peace and good-will, as in the body health is

preferable to the purgation of disease. He who makes war his object

instead of peace, or who pursues war except for the sake of peace, is not a

true statesman. 'And yet, Stranger, the laws both of Crete and Sparta aim

entirely at war.' Perhaps so; but do not let us quarrel about your

legislators--let us be gentle; they were in earnest quite as much as we

are, and we must try to discover their meaning. The poet Tyrtaeus (you

know his poems in Crete, and my Lacedaemonian friend is only too familiar

with them)--he was an Athenian by birth, and a Spartan citizen:--'Well,' he

says, 'I sing not, I care not about any man, however rich or happy, unless

he is brave in war.' Now I should like, in the name of us all, to ask the

poet a question. Oh Tyrtaeus, I would say to him, we agree with you in

praising those who excel in war, but which kind of war do you mean?--that

dreadful war which is termed civil, or the milder sort which is waged

against foreign enemies? You say that you abominate 'those who are not

eager to taste their enemies' blood,' and you seem to mean chiefly their

foreign enemies. 'Certainly he does.' But we contend that there are men

better far than your heroes, Tyrtaeus, concerning whom another poet,

Theognis the Sicilian, says that 'in a civil broil they are worth their

weight in gold and silver.' For in a civil war, not only courage, but

justice and temperance and wisdom are required, and all virtue is better

than a part. The mercenary soldier is ready to die at his post; yet he is

commonly a violent, senseless creature. And the legislator, whether

inspired or uninspired, will make laws with a view to the highest virtue;

and this is not brute courage, but loyalty in the hour of danger. The

virtue of Tyrtaeus, although needful enough in his own time, is really of a

fourth-rate description. 'You are degrading our legislator to a very low

level.' Nay, we degrade not him, but ourselves, if we believe that the

laws of Lycurgus and Minos had a view to war only. A divine lawgiver would

have had regard to all the different kinds of virtue, and have arranged his

laws in corresponding classes, and not in the modern fashion, which only

makes them after the want of them is felt,--about inheritances and

heiresses and assaults, and the like. As you truly said, virtue is the

business of the legislator; but you went wrong when you referred all

legislation to a part of virtue, and to an inferior part. For the object

of laws, whether the Cretan or any other, is to make men happy. Now

happiness or good is of two kinds--there are divine and there are human

goods. He who has the divine has the human added to him; but he who has

lost the greater is deprived of both. The lesser goods are health, beauty,

strength, and, lastly, wealth; not the blind God, Pluto, but one who has

eyes to see and follow wisdom. For mind or wisdom is the most divine of

all goods; and next comes temperance, and justice springs from the union of

wisdom and temperance with courage, which is the fourth or last. These

four precede other goods, and the legislator will arrange all his

ordinances accordingly, the human going back to the divine, and the divine

to their leader mind. There will be enactments about marriage, about

education, about all the states and feelings and experiences of men and

women, at every age, in weal and woe, in war and peace; upon all the law

will fix a stamp of praise and blame. There will also be regulations about

property and expenditure, about contracts, about rewards and punishments,

and finally about funeral rites and honours of the dead. The lawgiver will

appoint guardians to preside over these things; and mind will harmonize his

ordinances, and show them to be in agreement with temperance and justice.

Now I want to know whether the same principles are observed in the laws of

Lycurgus and Minos, or, as I should rather say, of Apollo and Zeus. We

must go through the virtues, beginning with courage, and then we will show

that what has preceded has relation to virtue.

'I wish,' says the Lacedaemonian, 'that you, Stranger, would first

criticize Cleinias and the Cretan laws.' Yes, is the reply, and I will

criticize you and myself, as well as him. Tell me, Megillus, were not the

common meals and gymnastic training instituted by your legislator with a

view to war? 'Yes; and next in the order of importance comes hunting, and

fourth the endurance of pain in boxing contests, and in the beatings which

are the punishment of theft. There is, too, the so-called Crypteia or

secret service, in which our youth wander about the country night and day

unattended, and even in winter go unshod and have no beds to lie on.

Moreover they wrestle and exercise under a blazing sun, and they have many

similar customs.' Well, but is courage only a combat against fear and

pain, and not against pleasure and flattery? 'Against both, I should say.'

And which is worse,--to be overcome by pain, or by pleasure? 'The latter.'

But did the lawgivers of Crete and Sparta legislate for a courage which is

lame of one leg,--able to meet the attacks of pain but not those of

pleasure, or for one which can meet both? 'For a courage which can meet

both, I should say.' But if so, where are the institutions which train

your citizens to be equally brave against pleasure and pain, and superior

to enemies within as well as without? 'We confess that we have no

institutions worth mentioning which are of this character.' I am not

surprised, and will therefore only request forbearance on the part of us

all, in case the love of truth should lead any of us to censure the laws of

the others. Remember that I am more in the way of hearing criticisms of

your laws than you can be; for in well-ordered states like Crete and

Sparta, although an old man may sometimes speak of them in private to a

ruler or elder, a similar liberty is not allowed to the young. But now

being alone we shall not offend your legislator by a friendly examination

of his laws. 'Take any freedom which you like.'

My first observation is, that your lawgiver ordered you to endure

hardships, because he thought that those who had not this discipline would

run away from those who had. But he ought to have considered further, that

those who had never learned to resist pleasure would be equally at the

mercy of those who had, and these are often among the worst of mankind.

Pleasure, like fear, would overcome them and take away their courage and

freedom. 'Perhaps; but I must not be hasty in giving my assent.'

Next as to temperance: what institutions have you which are adapted to

promote temperance? 'There are the common meals and gymnastic exercises.'

These are partly good and partly bad, and, as in medicine, what is good at

one time and for one person, is bad at another time and for another person.

Now although gymnastics and common meals do good, they are also a cause of

evil in civil troubles, and they appear to encourage unnatural love, as has

been shown at Miletus, in Boeotia, and at Thurii. And the Cretans are said

to have invented the tale of Zeus and Ganymede in order to justify their

evil practices by the example of the God who was their lawgiver. Leaving

the story, we may observe that all law has to do with pleasure and pain;

these are two fountains which are ever flowing in human nature, and he who

drinks of them when and as much as he ought, is happy, and he who indulges

in them to excess, is miserable. 'You may be right, but I still incline to

think that the Lacedaemonian lawgiver did well in forbidding pleasure, if I

may judge from the result. For there is no drunken revelry in Sparta, and

any one found in a state of intoxication is severely punished; he is not

excused as an Athenian would be at Athens on account of a festival. I

myself have seen the Athenians drunk at the Dionysia--and at our colony,

Tarentum, on a similar occasion, I have beheld the whole city in a state of

intoxication.' I admit that these festivals should be properly regulated.

Yet I might reply, 'Yes, Spartans, that is not your vice; but look at home

and remember the licentiousness of your women.' And to all such

accusations every one of us may reply in turn:--'Wonder not, Stranger;

there are different customs in different countries.' Now this may be a

sufficient answer; but we are speaking about the wisdom of lawgivers and

not about the customs of men. To return to the question of drinking:

shall we have total abstinence, as you have, or hard drinking, like the

Scythians and Thracians, or moderate potations like the Persians? 'Give us

arms, and we send all these nations flying before us.' My good friend, be

modest; victories and defeats often arise from unknown causes, and afford

no proof of the goodness or badness of institutions. The stronger

overcomes the weaker, as the Athenians have overcome the Ceans, or the

Syracusans the Locrians, who are, perhaps, the best governed state in that

part of the world. People are apt to praise or censure practices without

enquiring into the nature of them. This is the way with drink: one person

brings many witnesses, who sing the praises of wine; another declares that

sober men defeat drunkards in battle; and he again is refuted in turn. I

should like to conduct the argument on some other method; for if you regard

numbers, there are two cities on one side, and ten thousand on the other.

'I am ready to pursue any method which is likely to lead us to the truth.'

Let me put the matter thus: Somebody praises the useful qualities of a

goat; another has seen goats running about wild in a garden, and blames a

goat or any other animal which happens to be without a keeper. 'How

absurd!' Would a pilot who is sea-sick be a good pilot? 'No.' Or a

general who is sick and drunk with fear and ignorant of war a good general?

'A general of old women he ought to be.' But can any one form an estimate

of any society, which is intended to have a ruler, and which he only sees

in an unruly and lawless state? 'No.' There is a convivial form of

society--is there not? 'Yes.' And has this convivial society ever been

rightly ordered? Of course you Spartans and Cretans have never seen

anything of the kind, but I have had wide experience, and made many

enquiries about such societies, and have hardly ever found anything right

or good in them. 'We acknowledge our want of experience, and desire to

learn of you.' Will you admit that in all societies there must be a

leader? 'Yes.' And in time of war he must be a man of courage and

absolutely devoid of fear, if this be possible? 'Certainly.' But we are

talking now of a general who shall preside at meetings of friends--and as

these have a tendency to be uproarious, they ought above all others to have

a governor. 'Very good.' He should be a sober man and a man of the world,

who will keep, make, and increase the peace of the society; a drunkard in

charge of drunkards would be singularly fortunate if he avoided doing a

serious mischief. 'Indeed he would.' Suppose a person to censure such

meetings--he may be right, but also he may have known them only in their

disorderly state, under a drunken master of the feast; and a drunken

general or pilot cannot save his army or his ships. 'True; but although I

see the advantage of an army having a good general, I do not equally see

the good of a feast being well managed.' If you mean to ask what good

accrues to the state from the right training of a single youth or a single

chorus, I should reply, 'Not much'; but if you ask what is the good of

education in general, I answer, that education makes good men, and that

good men act nobly and overcome their enemies in battle. Victory is often

suicidal to the victors, because it creates forgetfulness of education, but

education itself is never suicidal. 'You imply that the regulation of

convivial meetings is a part of education; how will you prove this?' I

will tell you. But first let me offer a word of apology. We Athenians are

always thought to be fond of talking, whereas the Lacedaemonian is

celebrated for brevity, and the Cretan is considered to be sagacious and

reserved. Now I fear that I may be charged with spinning a long discourse

out of slender materials. For drinking cannot be rightly ordered without

correct principles of music, and music runs up into education generally,

and to discuss all these matters may be tedious; if you like, therefore, we

will pass on to another part of our subject. 'Are you aware, Athenian,

that our family is your proxenus at Sparta, and that from my boyhood I have

regarded Athens as a second country, and having often fought your battles

in my youth, I have become attached to you, and love the sound of the Attic

dialect? The saying is true, that the best Athenians are more than

ordinarily good, because they are good by nature; therefore, be assured

that I shall be glad to hear you talk as much as you please.' 'I, too,'

adds Cleinias, 'have a tie which binds me to you. You know that

Epimenides, the Cretan prophet, came and offered sacrifices in your city by

the command of an oracle ten years before the Persian war. He told the

Athenians that the Persian host would not come for ten years, and would go

away again, having suffered more harm than they had inflicted. Now

Epimenides was of my family, and when he visited Athens he entered into

friendship with your forefathers.' I see that you are willing to listen,

and I have the will to speak, if I had only the ability. But, first, I

must define the nature and power of education, and by this road we will

travel on to the God Dionysus. The man who is to be good at anything must

have early training;--the future builder must play at building, and the

husbandman at digging; the soldier must learn to ride, and the carpenter to

measure and use the rule,--all the thoughts and pleasures of children

should bear on their after-profession.--Do you agree with me? 'Certainly.'

And we must remember further that we are speaking of the education, not of

a trainer, or of the captain of a ship, but of a perfect citizen who knows

how to rule and how to obey; and such an education aims at virtue, and not

at wealth or strength or mere cleverness. To the good man, education is of

all things the most precious, and is also in constant need of renovation.

'We agree.' And we have before agreed that good men are those who are able

to control themselves, and bad men are those who are not. Let me offer you

an illustration which will assist our argument. Man is one; but in one and

the same man are two foolish counsellors who contend within him--pleasure

and pain, and of either he has expectations which we call hope and fear;

and he is able to reason about good and evil, and reason, when affirmed by

the state, becomes law. 'We cannot follow you.' Let me put the matter in

another way: Every creature is a puppet of the Gods--whether he is a mere

plaything or has any serious use we do not know; but this we do know, that

he is drawn different ways by cords and strings. There is a soft golden

cord which draws him towards virtue--this is the law of the state; and

there are other cords made of iron and hard materials drawing him other

ways. The golden reasoning influence has nothing of the nature of force,

and therefore requires ministers in order to vanquish the other principles.

This explains the doctrine that cities and citizens both conquer and are

conquered by themselves. The individual follows reason, and the city law,

which is embodied reason, either derived from the Gods or from the

legislator. When virtue and vice are thus distinguished, education will be

better understood, and in particular the relation of education to convivial

intercourse. And now let us set wine before the puppet. You admit that

wine stimulates the passions? 'Yes.' And does wine equally stimulate the

reasoning faculties? 'No; it brings the soul back to a state of

childhood.' In such a state a man has the least control over himself, and

is, therefore, worst. 'Very true.' Then how can we believe that drinking

should be encouraged? 'You seem to think that it ought to be.' And I am

ready to maintain my position. 'We should like to hear you prove that a

man ought to make a beast of himself.' You are speaking of the degradation

of the soul: but how about the body? Would any man willingly degrade or

weaken that? 'Certainly not.' And yet if he goes to a doctor or a

gymnastic master, does he not make himself ill in the hope of getting well?

for no one would like to be always taking medicine, or always to be in

training. 'True.' And may not convivial meetings have a similar remedial

use? And if so, are they not to be preferred to other modes of training

because they are painless? 'But have they any such use?' Let us see: Are

there not two kinds of fear--fear of evil and fear of an evil reputation?

'There are.' The latter kind of fear is opposed both to the fear of pain

and to the love of pleasure. This is called by the legislator reverence,

and is greatly honoured by him and by every good man; whereas confidence,

which is the opposite quality, is the worst fault both of individuals and

of states. This sort of fear or reverence is one of the two chief causes

of victory in war, fearlessness of enemies being the other. 'True.' Then

every one should be both fearful and fearless? 'Yes.' The right sort of

fear is infused into a man when he comes face to face with shame, or

cowardice, or the temptations of pleasure, and has to conquer them. He

must learn by many trials to win the victory over himself, if he is ever to

be made perfect. 'That is reasonable enough.' And now, suppose that the

Gods had given mankind a drug, of which the effect was to exaggerate every

sort of evil and danger, so that the bravest man entirely lost his presence

of mind and became a coward for a time:--would such a drug have any value?

'But is there such a drug?' No; but suppose that there were; might not the

legislator use such a mode of testing courage and cowardice? 'To be sure.'

The legislator would induce fear in order to implant fearlessness; and

would give rewards or punishments to those who behaved well or the reverse,

under the influence of the drug? 'Certainly.' And this mode of training,

whether practised in the case of one or many, whether in solitude or in the

presence of a large company--if a man have sufficient confidence in himself

to drink the potion amid his boon companions, leaving off in time and not

taking too much,--would be an equally good test of temperance? 'Very

true.' Let us return to the lawgiver and say to him, 'Well, lawgiver, no

such fear-producing potion has been given by God or invented by man, but

there is a potion which will make men fearless.' 'You mean wine.' Yes;

has not wine an effect the contrary of that which I was just now

describing,--first mellowing and humanizing a man, and then filling him

with confidence, making him ready to say or do anything? 'Certainly.' Let

us not forget that there are two qualities which should be cultivated in

the soul--first, the greatest fearlessness, and, secondly, the greatest

fear, which are both parts of reverence. Courage and fearlessness are

trained amid dangers; but we have still to consider how fear is to be

trained. We desire to attain fearlessness and confidence without the

insolence and boldness which commonly attend them. For do not love,

ignorance, avarice, wealth, beauty, strength, while they stimulate courage,

also madden and intoxicate the soul? What better and more innocent test of

character is there than festive intercourse? Would you make a bargain with

a man in order to try whether he is honest? Or would you ascertain whether

he is licentious by putting your wife or daughter into his hands? No one

would deny that the test proposed is fairer, speedier, and safer than any

other. And such a test will be particularly useful in the political

science, which desires to know human natures and characters. 'Very true.'

BOOK II. And are there any other uses of well-ordered potations? There

are; but in order to explain them, I must repeat what I mean by right

education; which, if I am not mistaken, depends on the due regulation of

convivial intercourse. 'A high assumption.' I believe that virtue and

vice are originally present to the mind of children in the form of pleasure

and pain; reason and fixed principles come later, and happy is he who

acquires them even in declining years; for he who possesses them is the

perfect man. When pleasure and pain, and love and hate, are rightly

implanted in the yet unconscious soul, and after the attainment of reason

are discovered to be in harmony with her, this harmony of the soul is

virtue, and the preparatory stage, anticipating reason, I call education.

But the finer sense of pleasure and pain is apt to be impaired in the

course of life; and therefore the Gods, pitying the toils and sorrows of

mortals, have allowed them to have holidays, and given them the Muses and

Apollo and Dionysus for leaders and playfellows. All young creatures love

motion and frolic, and utter sounds of delight; but man only is capable of

taking pleasure in rhythmical and harmonious movements. With these

education begins; and the uneducated is he who has never known the

discipline of the chorus, and the educated is he who has. The chorus is

partly dance and partly song, and therefore the well-educated must sing and

dance well. But when we say, 'He sings and dances well,' we mean that he

sings and dances what is good. And if he thinks that to be good which is

really good, he will have a much higher music and harmony in him, and be a

far greater master of imitation in sound and gesture than he who is not of

this opinion. 'True.' Then, if we know what is good and bad in song and

dance, we shall know what education is? 'Very true.' Let us now consider

the beauty of figure, melody, song, and dance. Will the same figures or

sounds be equally well adapted to the manly and the cowardly when they are

in trouble? 'How can they be, when the very colours of their faces are

different?' Figures and melodies have a rhythm and harmony which are

adapted to the expression of different feelings (I may remark, by the way,

that the term 'colour,' which is a favourite word of music-masters, is not

really applicable to music). And one class of harmonies is akin to courage

and all virtue, the other to cowardice and all vice. 'We agree.' And do

all men equally like all dances? 'Far otherwise.' Do some figures, then,

appear to be beautiful which are not? For no one will admit that the forms

of vice are more beautiful than the forms of virtue, or that he prefers the

first kind to the second. And yet most persons say that the merit of music

is to give pleasure. But this is impiety. There is, however, a more

plausible account of the matter given by others, who make their likes or

dislikes the criterion of excellence. Sometimes nature crosses habit, or

conversely, and then they say that such and such fashions or gestures are

pleasant, but they do not like to exhibit them before men of sense,

although they enjoy them in private. 'Very true.' And do vicious measures

and strains do any harm, or good measures any good to the lovers of them?

'Probably.' Say, rather 'Certainly': for the gentle indulgence which we

often show to vicious men inevitably makes us become like them. And what

can be worse than this? 'Nothing.' Then in a well-administered city, the

poet will not be allowed to make the songs of the people just as he

pleases, or to train his choruses without regard to virtue and vice.

'Certainly not.' And yet he may do this anywhere except in Egypt; for

there ages ago they discovered the great truth which I am now asserting,

that the young should be educated in forms and strains of virtue. These

they fixed and consecrated in their temples; and no artist or musician is

allowed to deviate from them. They are literally the same which they were

ten thousand years ago. And this practice of theirs suggests the

reflection that legislation about music is not an impossible thing. But

the particular enactments must be the work of God or of some God-inspired

man, as in Egypt their ancient chants are said to be the composition of the

goddess Isis. The melodies which have a natural truth and correctness

should be embodied in a law, and then the desire of novelty is not strong

enough to change the old fashions. Is not the origin of music as follows?

We rejoice when we think that we prosper, and we think that we prosper when

we rejoice, and at such times we cannot rest, but our young men dance

dances and sing songs, and our old men, who have lost the elasticity of

youth, regale themselves with the memory of the past, while they

contemplate the life and activity of the young. 'Most true.' People say

that he who gives us most pleasure at such festivals is to win the palm:

are they right? 'Possibly.' Let us not be hasty in deciding, but first

imagine a festival at which the lord of the festival, having assembled the

citizens, makes a proclamation that he shall be crowned victor who gives

the most pleasure, from whatever source derived. We will further suppose

that there are exhibitions of rhapsodists and musicians, tragic and comic

poets, and even marionette-players--which of the pleasure-makers will win?

Shall I answer for you?--the marionette-players will please the children;

youths will decide for comedy; young men, educated women, and people in

general will prefer tragedy; we old men are lovers of Homer and Hesiod.

Now which of them is right? If you and I are asked, we shall certainly say

that the old men's way of thinking ought to prevail. 'Very true.' So far

I agree with the many that the excellence of music is to be measured by

pleasure; but then the pleasure must be that of the good and educated, or

better still, of one supremely virtuous and educated man. The true judge

must have both wisdom and courage. For he must lead the multitude and not

be led by them, and must not weakly yield to the uproar of the theatre, nor

give false judgment out of that mouth which has just appealed to the Gods.

The ancient custom of Hellas, which still prevails in Italy and Sicily,

left the judgment to the spectators, but this custom has been the ruin of

the poets, who seek only to please their patrons, and has degraded the

audience by the representation of inferior characters. What is the

inference? The same which we have often drawn, that education is the

training of the young idea in what the law affirms and the elders approve.

And as the soul of a child is too young to be trained in earnest, a kind of

education has been invented which tempts him with plays and songs, as the

sick are tempted by pleasant meats and drinks. And the wise legislator

will compel the poet to express in his poems noble thoughts in fitting

words and rhythms. 'But is this the practice elsewhere than in Crete and

Lacedaemon? In other states, as far as I know, dances and music are

constantly changed at the pleasure of the hearers.' I am afraid that I

misled you; not liking to be always finding fault with mankind as they are,

I described them as they ought to be. But let me understand: you say that

such customs exist among the Cretans and Lacedaemonians, and that the rest

of the world would be improved by adopting them? 'Much improved.' And you

compel your poets to declare that the righteous are happy, and that the

wicked man, even if he be as rich as Midas, is unhappy? Or, in the words

of Tyrtaeus, 'I sing not, I care not about him' who is a great warrior not

having justice; if he be unjust, 'I would not have him look calmly upon

death or be swifter than the wind'; and may he be deprived of every good--

that is, of every true good. For even if he have the goods which men

regard, these are not really goods: first health; beauty next; thirdly

wealth; and there are others. A man may have every sense purged and

improved; he may be a tyrant, and do what he likes, and live for ever: but

you and I will maintain that all these things are goods to the just, but to

the unjust the greatest of evils, if life be immortal; not so great if he

live for a short time only. If a man had health and wealth, and power, and

was insolent and unjust, his life would still be miserable; he might be

fair and rich, and do what he liked, but he would live basely, and if

basely evilly, and if evilly painfully. 'There I cannot agree with you.'

Then may heaven give us the spirit of agreement, for I am as convinced of

the truth of what I say as that Crete is an island; and, if I were a

lawgiver, I would exercise a censorship over the poets, and I would punish

them if they said that the wicked are happy, or that injustice is

profitable. And these are not the only matters in which I should make my

citizens talk in a different way to the world in general. If I asked Zeus

and Apollo, the divine legislators of Crete and Sparta,--'Are the just and

pleasant life the same or not the same'?--and they replied,--'Not the

same'; and I asked again--'Which is the happier'? And they said'--'The

pleasant life,' this is an answer not fit for a God to utter, and therefore

I ought rather to put the same question to some legislator. And if he

replies 'The pleasant,' then I should say to him, 'O my father, did you not

tell me that I should live as justly as possible'? and if to be just is to

be happy, what is that principle of happiness or good which is superior to

pleasure? Is the approval of gods and men to be deemed good and

honourable, but unpleasant, and their disapproval the reverse? Or is the

neither doing nor suffering evil good and honourable, although not

pleasant? But you cannot make men like what is not pleasant, and therefore

you must make them believe that the just is pleasant. The business of the

legislator is to clear up this confusion. He will show that the just and

the unjust are identical with the pleasurable and the painful, from the

point of view of the just man, of the unjust the reverse. And which is the

truer judgment? Surely that of the better soul. For if not the truth, it

is the best and most moral of fictions; and the legislator who desires to

propagate this useful lie, may be encouraged by remarking that mankind have

believed the story of Cadmus and the dragon's teeth, and therefore he may

be assured that he can make them believe anything, and need only consider

what fiction will do the greatest good. That the happiest is also the

holiest, this shall be our strain, which shall be sung by all three

choruses alike. First will enter the choir of children, who will lift up

their voices on high; and after them the you