Laws

Ath. For in the case of every creature—plant or animal, tame[*](i.e. domesticated animals, and garden plants.) and wild alike—it is the first shoot, if it sprouts out well, that is most effective in bringing to its proper development the essential excellence of the creature in question. Man, as we affirm, is a tame creature: none the less, while he is wont to become an animal most godlike and tame when he happens to possess a happy nature combined with right education, if his training be deficient or bad, he turns out the wildest of all earth’s creatures. Wherefore the lawgiver must not permit them to treat the education of children as a matter of secondary or casual importance; but, inasmuch as the presiding official must be well selected, he must begin first by charging them to appoint as president, to the best of their power, that one of the citizens who is in every way the most excellent. Therefore all the officials—excepting the Council and the prytaneis—shall go to the temple of Apollo, and shall each cast his vote for whichever one of the Law-wardens he deems likely best to control educational affairs. He who gains most votes, after passing a scrutiny held by the selecting officials, other than the Law-wardens, shall hold office for five years: in the sixth year they shall elect another man for this office in a similar manner. If anyone holding a public office dies more than thirty days before his office terminates, those whose proper duty it is must appoint a substitute in the same manner. If a guardian of orphans dies, the relations, who are residents, on both the father’s and mother’s side, as far as cousin’s children, shall appoint a substitute within ten days, failing which they shall each be fined one drachma per diem until they have appointed the guardian for the children. A State, indeed, would be no State if it had no law-courts properly established; but a judge who was dumb and who said as little as litigants at a preliminary inquiry,[*](i.e. an inquiry into the grounds of a proposed action at law, to decide whether or not it should be brought into court.) as do arbitrators,[*](i.e. persons appointed to settle points in dispute, so as to avoid a legal trial in the regular courts.) would never prove efficient in deciding questions of justice; consequently it is not easy for a large body of men to judge well, nor yet for a small one, if of poor ability. The matter in dispute on either side must always be made clear, and for elucidating the point at issue, lapse of time, deliberation and frequent questionings are of advantage.

Ath. Therefore those who challenge each other must go first to the neighbors and friends who know most about the actions in dispute: if a man fails to get an adequate decision from them, he shall repair to another court; and if these two courts are unable to settle the matter, the third court shall put an end to the case. In a sense we may say that the establishment of law-courts coincides with the election of officials; for every official must be also a judge of certain matters, while a judge, even if not an official, may be said to be an official of no little importance on the day when he concludes a suit by pronouncing his judgment. Assuming then that the judges are officials, let us declare who will make suitable judges, and of what matters, and how many shall deal with each case. The most elementary form of court is that which the two parties arrange for themselves, choosing judges by mutual agreement; of the rest, there shall be two forms of trial,—the one when a private person accuses a private person of injuring him and desires to gain a verdict by bringing him to trial, and the other when a person believes that the State is being injured by one of the citizens and desires to succor the common weal. Who and what sort the judges are must now be explained. First, we must have a court common to all private persons who are having their third[*](Apparently, this refers to the third court (of appeal) mentioned above, Plat. Laws 767a 2 ff.) dispute with one another. It shall be formed in this way. On the day preceding the commencement of a new year of office—which commences with the month next after the summer solstice—all the officials, whether holding office for one year only or longer, shall assemble in the same temple and, after adjuring the god, they shall dedicate, so to say, one judge from each body of officials, namely, that member of each body whom they deem the best man and the most likely to decide the suits for his fellow-citizens during the ensuing year in the best and holiest way. These being chosen, they shall undergo a scrutiny before those who have chosen them; and should any be disqualified, they shall choose a substitute in like manner. Those who pass the scrutiny shall act as judges for those who have escaped the other courts, and they shall cast their votes openly. The Councillors, and all the other officials, who have elected them, shall be obliged to attend these trials, both to hear and to see; and anyone else that wishes may attend. Anyone who accuses a judge of deliberately giving an unjust judgment shall go to the Law-wardens and lay his charge before them: a judge that is convicted on such a charge shall submit to pay double the amount of the damage done to the injured party; and if he be held to deserve a greater penalty, the judges of the case shall estimate what additional punishment must be inflicted, or what payment made to the State and to the person who took proceedings.

Ath. In the matter of offences against the State it is necessary, first of all, that a share in the trial should be given to the populace, for when a wrong is done to the State, it is the whole of the people that are wronged, and they would justly be vexed if they had no share in such trials; so, while it is right that both the beginning and the ending of such a suit should be assigned to the people, the examination shall take place before three of the highest officials mutually agreed upon by both defendant and plaintiff: should they be unable by themselves to reach an agreement, the Council must revise the choice of each of them. In private suits also, so far as possible, all the citizens must have a share; for the man that has no share in helping to judge imagines that he has no part or lot in the State at all. Therefore there must also be courts for each tribe, and judges appointed by lot and to meet the sudden occasion must judge the cases, unbiased by appeals; but the final verdict in all such cases must rest with that court which we declare to be organized in the most incorruptible way that is humanly possible, specially for the benefit of those who have failed to obtain a settlement of their case either before the neighbors or in the tribal courts.[*](The whole of this account (Plat. Laws 766e-768c) of courts and judges is confused and confusing. It would seem that 2 classes of suits are indicated, public and private, and 3 kinds of courts, viz. (1) local courts (composed of neighbors) , (2) tribal courts, (3) courts of appeal.) Thus as concerns the law-courts—which, as we say, cannot easily be called either offices or non-offices without ambiguity—this outline sketch serves to describe them in part, though there is a good deal it omits; for detailed legislation and definition concerning suits would most properly be placed at the conclusion of the legislative code.[*](Cp. Plat. Laws 853a ff., Plat. Laws 956b.) So let these matters be directed to wait for us at the conclusion; and I should say that the other official posts have had most of the legislation they require for their establishment. But a full and precise account concerning each and all of the State departments and the whole of the civic organization it is impossible to give clearly until our review has embraced every section of its subject, from the first to the very last, in proper order. So now, at the point where we stand—when our exposition has reached so far as to include the election of the officials—we may find a fit place to terminate our previous subject, and to commence the subject of legislation, which no longer needs any postponements or delays.

Clin. The previous subject, Stranger, you have treated to our entire satisfaction; but we welcome still more heartily the way you have linked up your past statements with your future statements—the end with the beginning.

Ath. It seems, then, that up to now our ancients’ game of reason[*](i.e. the game of legislation, cp. Plat. Laws 685a, Plat. Laws 712b.) has been finely played.

Clin. You are showing, I think, how fine is the serious work of our citizens.

Ath. Very probably: but let us see whether you agree with me about another point.

Clin. What is it, and whom does it concern?

Ath. You know how, for instance, the painter’s art in depicting each several subject seems never to get to an end, and in its embellishing it seems as if it would never stop laying on colors or taking them off—or whatever the professional painters term the process—and reach a point where the picture admits of no further improvement in respect of beauty and lucidity.

Clin. I, too, remember hearing something of the fact you mention, although I am by no means practised in that kind of art.

Ath. You are none the worse for that. We may still use this fact, which it has occurred to us to mention, to illustrate the following point. Suppose that a man should propose to paint an object of extreme beauty, and that this should never grow worse, but always better, as time went on, do you not see that, since the painter is mortal, unless he leaves a successor who is able to repair the picture if it suffers through time, and also in the future to improve it by touching up any deficiency left by his own imperfect craftsmanship, his interminable toil will have results of but short duration?

Clin. True.

Ath. Well then, do you not think that the purpose of the lawgiver is similar? He purposes, first, to write down the laws, so far as he can, with complete precision; next, when in the course of time he puts his decrees to the test of practice, you cannot suppose that any lawgiver will be so foolish as not to perceive that very many things must necessarily be left over, which it will be the duty of some successor to make right, in order that the constitution and the system of the State he has organized may always grow better, and never in any way worse.[*](Cp.Polit. 298a ff.)

Clin. This, of course, is what everyone naturally desires.

Ath. Suppose then that a man knew of a device indicating the way in which he could teach another man by deed and word to understand in a greater or less degree how he should conserve or amend laws, surely he would never cease declaring it until he had accomplished his purpose.

Clin. He certainly would not.

Ath. Must not we three act thus on the present occasion?

Clin. What is it you mean?

Ath. We are about to make laws, and Law-wardens have been appointed by us; therefore, since we are in the evening of life, while those compared to us are youthful, we should not only legislate, as we say, ourselves, but also make legislators, as well as Law-wardens, of these very same men, so far as we can.

Clin. We should,—if, that is to say, we are capable of so doing.

Ath. At any rate we must try, and try hard.

Clin. By all means.

Ath. Let us address them thus:— Beloved Keepers of the Laws, in many departments of our legislation we shall leave out a vast number of matters (for we needs must do so) ; yet, notwithstanding, all important matters, as well as the general description, we shall include, so far as we can, in our outline sketch. Your help will be required to fill in this outline; and you must listen to what I say about the aim you should have before you in doing so. Megillus, Clinias and I have often stated to one another that aim, and we agree that it is rightly stated; so we desire you to be in immediate unison with us, as our disciples, and to aim at those objects at which, as we three have agreed, the lawgiver and Law-warden ought to aim. The sum and substance of our agreement was simply this: that whatsoever be the way in which a member of our community—be he of the male or female sex, young or old,—may become a good citizen, possessed of the excellence of soul which belongs to man, whether derived from some pursuit or disposition, or from some form of diet, or from desire or opinion or mental study, to the attainment of this end all his efforts throughout the whole of his life shall be directed; and not a single person shall show himself preferring any object which impedes this aim; in fine, even as regards the State, he must allow it to be revolutionized, if it seems necessary, rather than voluntarily submit to the yoke of slavery under the rule of the worse, or else he must himself quit the State as an exile: all such sufferings men must endure rather than change to a polity which naturally makes men worse.

Ath.This is what we previously agreed upon[*](Plat. Laws 688e, Plat. Laws 742e.): so do you now keep both these objects of ours in view as you revise the laws, and censure all the laws which are unable to effect them, but welcome all such as are able to do so, and, adopting them wholeheartedly, rule your lives by them. All other practices, which tend towards goods (so-called), other than these, you must bid farewell to. For a beginning of the laws which are to follow, we must commence with things sacred. First, we must consider anew[*](Cp. Plat. Laws 737e.) the number 5,040, and the number of convenient subdivisions which we found it to contain both as a whole and when divided up into tribes: the tribal number is, as we said, a twelfth part of the whole number, being in its nature precisely 20 X 21. Our whole number has twelve subdivisions, and the tribal number also has twelve; and each such portion must be regarded as a sacred gift of God, conformed to the months and to the revolution of the universe. Wherefore also every State is guided by native instinct to hold them sacred, although some men possibly have made their divisions more correctly than others, or have consecrated them more happily. We, in any case, affirm now that we are perfectly correct in first selecting the number 5,040, which admits of division by all the numbers from 1 to 12, excepting only 11—and this omission is very easily remedied, since the mere subtraction of two hearths from the total restores an integral number as quotient:[*](5,040 = (11 X 458) + 2.) that this is really true we could show, at our leisure, by a fairly short explanation. For the present, then, we shall trust to the oracular statement just delivered, and we shall employ these subdivisions, and give to each portion the name of a God, or of a child of Gods, and bestow on it altars and all that belongs thereto; and at these we shall appoint two assemblies every month for sacrifice—of which twelve (yearly) shall be for the whole tribal division, and twelve for its urban section only; the object of these shall be, first, to offer thanksgiving to the gods and their attendants, and secondly, to promote fellowship amongst ourselves and the mutual acquaintance we spoke of, and association of every sort. For, in view of the fellowship and intercourse of marriage, it is necessary to eliminate ignorance, both on the part of the husband concerning the woman he marries and the family she comes from, and on the part of the father concerning the man to whom he gives his daughter; for it is all-important in such matters to avoid, if possible, any mistake.

Ath. To achieve this serious purpose, sportive dances should be arranged for boys and girls; and at these they should both view and be viewed, in a reasonable way and on occasions that offer a suitable pretext, with bodies unclad, save so far as sober modesty prescribes. Of all such matters the officers of the choirs shall be the supervisors and controllers, and also, in conjunction with the Law-wardens, the lawgivers of all that we leave unprescribed.[*](Cp. Plat. Laws 764e.) It is, as we said, necessary that in regard to all matters involving a host of petty details the law-giver should leave omissions, and that rules and amendments should be made from year to year by those who have constant experience of them from year to year and are taught by practice, until it be decided that a satisfactory code has been made out to regulate all such proceedings. A fair and sufficient period to assign for such experimental work would be ten years, both for sacrifices and for dances in all their several details; each body of officials, acting in conjunction with the original lawgiver, if he be still alive, or by themselves, if he be dead, shall report to the Law-wardens whatever is omitted in their own department, and shall make it good, until each detail seems to have reached its proper completion: this done, they shall decree them as fixed rules, and employ them as well as the rest of the laws originally decreed by the law-giver. In these they must never make any change voluntarily; but if it should ever be thought that a necessity for change has arisen, all the people must be consulted, as well as all the officials, and they must seek advice from all the divine oracles; and if there is a general consent by all, then they may make a change, but under no other conditions at any time; and the objector to change shall always prevail according to law. When any man of twenty-five[*](But cp. Plat. Laws 721b.) years of age, viewing and being viewed by others, believes that he has found in any quarter a mate to his liking and suitable for the joint procreation of children, he shall marry, in every case before he is thirty-five; but first let him hearken to the direction as to how he should seek what is proper and fitting, for, as Clinias maintains, one ought to introduce each law by a prelude suitable thereto.[*](Cp. Plat. Laws 720e.)

Clin. A very proper reminder, Stranger,—and you have chosen, in my opinion, a most opportune point in your discourse for making it.

Ath. You are right. So let us say to the son of noble sires: My child, you must make a marriage that will commend itself to men of sense, who would counsel you neither to shun entirely connection with a poor family, nor to pursue connection with a rich one, but, other things being equal, to prefer always an alliance with a family of moderate means. Such a course will benefit both the State and the united families,[*](Cp. Pol. 310c ff.) since in respect of excellence what is evenly balanced and symmetrical is infinitely superior to what is untempered. The man who knows he is unduly hasty and violent in all his actions should win a bride sprung from steady parents; while the man that is of a contrary nature should proceed to mate himself with one of the opposite kind. Regarding marriage as a whole there shall be one general rule: each man must seek to form such a marriage as shall benefit the State, rather than such as best pleases himself. There is a natural tendency for everyone to make for the mate that most resembles himself, whence it results that the whole State becomes ill-balanced both in wealth and in moral habits; and because of this, the consequences we least desire are those that generally befall most States. To make express enactments about these matters by law—that, for instance, a rich man must not marry into a rich family, nor a man of wide power with a powerful family, or that man of hasty tempers must be obliged to seek alliances with those of slower tempers, and the slow with the hasty—this, besides being ridiculous, would cause widespread resentment; for people do not find it easy to perceive that a State should be like a bowl of mixed wine, where the wine when first poured in foams madly, but as soon as it is chastened by the sober deity of water, it forms a fair alliance, and produces a potion that is good and moderate. That this is precisely what happens in the blending of children is a thing which hardly anyone is capable of perceiving; therefrom in the legal code we must omit such rules, and merely try by the spell of words to persuade each one to value the equality of his children more highly than the equality of a marriage with inordinate wealth, and by means of reproaches to divert from his object him who has set his heart on marrying for money, although we may not compel him by a written law.

Ath.Concerning marriage these shall be the exhortations given, in addition to those previously given,[*](Plat. Laws 721b. By reproduction man secures a continuous share in the life of the divine Universe; cp. 903 C.) declaring how it is a duty to lay hold on the ever-living reality by providing servants for God in our own stead; and this we do by leaving behind us children’s children. All this and more one might say in a proper prelude concerning marriage and the duty of marrying. Should any man, however, refuse to obey willingly, and keep himself aloof and unpartnered in the State, and reach the age of thirty-five unmarried, an annual fine shall be imposed upon him, of a hundred drachmae if he be of the highest property-class, if of the second, seventy, if of the third, sixty, if of the fourth, thirty. This fine shall be consecrated to Hera.[*](As goddess of marriage.) He that fails to pay the fine in full every year shall owe ten times the amount of it, and the treasurer of the goddess shall exact this sum, or, failing to exact it, he shall owe it himself, and in the audit he shall in every case be liable to account for such a sum. This shall be the money-fine in which the man who refuses to marry shall be mulcted, and as to honor, he shall receive none from the younger men, and no young man shall of his own free-will pay any regard to him: if he attempt to punish any person, everyone shall come to the assistance of the person maltreated and defend him, and whoever is present and fails thus to give assistance shall be declared by law to be both a cowardly and a bad citizen. Concerning dowries it has been stated before,[*](Plat. Laws 742c.) and it shall be stated again, that an equal exchange consists in neither giving nor receiving any gift, for all those who belong to this State have the necessaries of life provided for them; and the result of this rule will be less insolence on the part of the wives and less humiliation and servility on the part of the husband because of money. Whoso obeys this rule will be acting nobly; but he that disobeys—by giving or receiving for raiment[*](i.e. for the bride’s trousseau, given by her father to the bridegroom. Fifty drachmae is the maximum value allowed for the lowest class, a mina for the next lowest, and so on upwards.) a sum of over fifty drachmae, or over one mina, or over one and a half minae, or (if a member of the highest property-class) over two minae,—shall owe to the public treasury a sum equal thereto, and the sum given or received shall be consecrated to Hera and Zeus, and the treasurers of these deities shall exact it,— just as it was the rule,[*](Cp. Plat. Laws 774b.) in cases of refusal to marry, that the treasurers of Hera should exact the fine in each instance, or else pay it out of their own pockets. The right of betrothal belongs in the first place to the father, next to the grandfather, thirdly to the full brothers; failing any of these, it rightly belongs next to relatives on the mother’s side in like order; in case of any unwonted misfortune, the right shall belong to the nearest of kin in each case, acting in conjunction with the guardians.[*](For these guardians (of orphans) see Plat. Laws 926e.)

Ath. Concerning the preliminary marriage-sacrifice and all other sacred ceremonies proper to be performed before, during, or after marriage, each man shall enquire of the Interpreters, and believe that, in obeying their directions, he will have done all things duly. Concerning marriage-feasts,—both parties should invite their male and female friends, not more than five on each side, and an equal number of the kinsfolk and connections of both houses: in no case must the expense exceed what the person’s means permit—one mina for the richest class, half that amount for the second, and so on in proportion, according as the valuation grows less. He that obeys the law should be praised by all; but he that disobeys the Law-wardens shall punish as a man of poor taste and ill-trained in the nomes[*](Cp. Plat. Laws 700b, Plat. Laws 722d.) of the nuptial Muses. Drinking to excess is a practice that is nowhere seemly[*](Cp. Plat. Laws 674a.)—save only at the feasts of the God, the Giver of wine,—nor yet safe; and certainly it is not so for those who take marriage seriously; for at such a time above all it behoves both bride and bridegroom to be sober, seeing that the change in their life is a great one, and in order to ensure, so far as possible, in every case that the child that is begotten may be sprung from the loins of sober parents: for what shall be, with God’s help, the night or day of its begetting is quite uncertain. Moreover, it is not right that procreation should be the work of bodies dissolved by excess of wine, but rather that the embryo should be compacted firmly, steadily and quietly in the womb. But the man that is steeped in wine moves and is moved himself in every way, writhing both in body and soul; consequently, when drunk, a man is clumsy and bad at sowing seed, and is thus likely to beget unstable and untrusty offspring, crooked in form and character. Wherefore he must be very careful throughout all the year and the whole of his life—and most especially during the time he is begetting—to commit no act that involves either bodily ailment or violence and injustice; for these he will inevitably stamp on the souls and bodies of the offspring, and will generate them in every way inferior. From acts of such a kind he must especially abstain on the day and night of his marriage; for the Beginning that sits enshrined as a goddess[*](For the importance of ἀρχή (here personified) cp. Plat. Laws 753e, Plat. Laws 765e; possibly ἀρχὴ σώζει πάντα was a proverb.) among mortals is the Savior of all, provided that she receives the honor due to her from each one who approaches her.