Laws

Ath. The man who marries must part from his father and mother, and take one of the two houses[*](Cp. Plat. Laws 745c, Plat. Laws 745d.) in his allotment, to be, as it were, the nest and home of his chicks, and make therein his marriage and the dwelling and home of himself and his children. For in friendships the presence of some degree of longing seems to cement various dispositions and bind them together; but unabated proximity, since it lacks the longing due to an interval, causes friends to fall away from one another owing to an excessive surfeit of each other’s company. Therefore the married pair must leave their own houses to their parents and the bride’s relations, and act themselves as if they had gone off to a colony, visiting and being visited in their home, begetting and rearing children, and so handing on life, like a torch,[*](Cp. Plat. Rep. 328a.) from one generation to another, and ever worshipping the gods as the laws direct. Next, as regards possessions, what should a man possess to form a reasonable amount of substance? As to most chattels, it is easy enough both to see what they should be and to acquire them; but servants present all kinds of difficulties. The reason is that our language about them is partly right and partly wrong; for the language we use both contradicts and agrees with our practical experience of them.

Meg. What mean we by this? We are still in the dark, Stranger, as to what you refer to.

Ath. That is quite natural, Megillus. For probably the most vexed problem in all Hellas is the problem of the Helot-system of the Lacedaemonians, which some maintain to be good, others bad; a less violent dispute rages round the subjection of the Mariandyni[*](These ancient inhabitants of N.E. Bithynia were conquered by the people of Heraclea Pontica and make tributary vassals.) to the slave-system of the Heracleotes, and that of the class of Penestae to the Thessalians.[*](Cp. Aristot. Pol. 1269a 36. Penestae (= serfs) were the old Aeolian inhabitants of Thessaly, subdued by the Heraclid invaders.) In view of these and similar instances, what ought we to do about this question of owning servants?[*](Cp. Aristot. Pol. 1259b 22 ff.) The point I happened to mention in the course of my argument,—and about which you naturally asked me what I referred to,—was this. We know, of course, that we would all agree that one ought to own slaves that are as docile and good as possible; for in the past many slaves have proved themselves better in every form of excellence than brothers or sons, and have saved their masters and their goods and their whole houses. Surely we know that this language is used about slaves?

Meg. Certainly.

Ath. And is not the opposite kind of language also used,—that the soul of a slave has no soundness in it, and that a sensible man should never trust that class at all? And our wisest poet, too, in speaking of Zeus, declared that—

1. Of half their wits far-thundering Zeus bereaves
2. Those men on whom the day of bondage falls.

Meg. Just so.

Clin. Since this difference of opinion exists, Stranger, what ought we to do about our own country, in regard to the owning of slaves and their punishment?

Ath. Well now, Clinias, since man is an intractable creature, it is plain that he is not at all likely to be or become easy to deal with in respect of the necessary distinction between slave and free-born master in actual experience.

Clin. That is evident.

Ath. The slave is no easy chattel. For actual experience shows how many evils result from slavery,—as in the frequent revolts in Messenia, and in the States where there are many servants kept who speak the same tongue, not to speak of the crimes of all sorts committed by the Corsairs,[*](The peculiar term περίδινοι (circling round) seems to have been applied especially to these sea-rovers of the Tarentine coast.) as they are called, who haunt the coasts of Italy, and the reprisals therefor. In view of all these facts, it is really a puzzle to know how to deal with all such matters. Two means only are left for us to try—the one is, not to allow the slaves, if they are to tolerate slavery quietly, to be all of the same nation, but, so far as possible, to have them of different races,—and the other is to accord them proper treatment, and that not only for their sakes, but still more for the sake of ourselves. Proper treatment of servants consists in using no violence towards them, and in hurting them even less, if possible, than our own equals. For it is his way of dealing with men whom it is easy for him to wrong that shows most clearly whether a man is genuine or hypocritical in his reverence for justice and hatred of injustice. He, therefore, that in dealing with slaves proves himself, in his character and action, undefiled by what is unholy or unjust will best be able to sow a crop of goodness,—and this we may say, and justly say, of every master, or king, and of everyone who possesses any kind of absolute power over a person weaker than himself.

Ath. We ought to punish slaves justly, and not to make them conceited by merely admonishing them as we would free men. An address to a servant should be mostly a simple command: there should be no jesting with servants, either male or female, for by a course of excessively foolish indulgence in their treatment of their slaves, masters often make life harder both for themselves, as rulers, and for their slaves, as subject to rule.

Clin. That is true.

Ath. Suppose, then, that we are now, to the best of our power, provided with servants sufficient in number and quality to assist in every kind of task, should we not, in the next place, describe our dwellings?

Clin. Most certainly.

Ath. It would seem that our city, being new and houseless hitherto, must provide for practically the whole of its house-building, arranging all the details of its architecture, including temples and walls. These things are really, Clinias, prior to marriage; but since our construction is now a verbal one, this is a very suitable place to deal with them; when we come to the actual construction of the State, we shall, God willing, make the houses precede marriage, and crown all our architectural work with our marriage-laws. For the present we shall confine ourselves to a brief outline of our building regulations.

Clin. Certainly.

Ath. The temples we must erect all round the market-place, and in a circle round the whole city, on the highest spots, for the sake of ease in fencing them and of cleanliness: beside the temples we will set the houses of the officials and the law-courts, in which, as being most holy places, they will give and receive judgments,— partly because therein they deal with holy matters, and partly because they are the seats of holy gods; and in these will fittingly be held trials for murder and for all crimes worthy of death. As to walls, Megillus, I would agree with your Sparta in letting the walls lie sleeping in the ground, and not wake them up, and that for the following reasons. It is a fine saying of the poet,[*](Unknown. Cp. Aristot. Pol. 1330b 32 ff., and the saying of Lycurgas (quoted by Plutarch, Lycurg. xix.) οὐκ ἂν ἔιη ἀτείχιστος πόλις ἅτις ἀνδράσι οὐ πλίνθοις ἐστεφάνωται. Earth (like πλίνθοι) here means really stone, the soil of Greece being rocky.) and often repeated, that walls should be made of bronze and iron rather than of earth.

Ath. But our plan, in addition to this, would deserve to raise roars of laughter,—I mean the plan of sending young men into the country every year to dig and trench and build, so as to keep the enemy out[*](Cp. Plat. Laws 760e.) and prevent their ever setting foot on the borders of the land—if we were also to build a wall round; for, in the first place, a wall is by no means an advantage to a city as regards health, and, moreover, it usually causes a soft habit of soul in the inhabitants, by inviting them to seek refuge within it instead of repelling the enemy; instead of securing their safety by keeping watch night and day, it tempts them to believe that their safety is ensured if they are fenced in with walls and gates and go to sleep, like men born to shirk toil, little knowing that ease is really the fruit of toil, whereas a new crop of toils is the inevitable outcome, as I think, of dishonorable ease and sloth. But if men really must have a wall, then the building of the private houses must be arranged from the start in such a way that the whole city may form a single wall; all the houses must have good walls, built regularly and in a similar style, facing the roads,[*](These roads (or streets) would divide the city into blocks, surrounded by continuous walls formed by the outer circle of houses, all of the same size and shape.) so that the whole city will have the form of a single house, which will render its appearance not unpleasing, besides being far and away the best plan for ensuring safety and ease for defence. To see that the original buildings remain will fittingly be the special charge of the inmates; and the city-stewards should supervise them, and compel by fines those who are negligent, and also watch over the cleanliness of everything in the city, and prevent any private person from encroaching on State property either by buildings or diggings. These officers must also keep a watch over the proper flowing of the rain-water, and over all other matters, whether within or without the city, that it is right for them to manage. All such details—and all else that the lawgiver is unable to deal with and omits— the Law-wardens shall regulate by supplementary decrees, taking account of the practical requirements. And now that these buildings and those of the market-place, and the gymnasia, and all the schools have been erected and await their inmates, and the theaters their spectators, let us proceed to the subject which comes next after marriage, taking our legislation in order.

Clin. By all means.

Ath. Let us regard the marriage ceremony as now completed, Clinias; next will come the period before child-birth, which will extend to a full year: how the bride and bridegroom ought to pass this time in a State that will be unlike most other States,—that is to be our next theme, and it is not the easiest of things to explain; we have uttered not a few hard sayings before, but none of them all will the mass find harder to accept than this. All the same, what we believe to be right and true must by all means be stated,[*](Cp. Plat. Laws 821a; Epist. 7. 330 A.) Clinias.

Clin. Certainly.

Ath. Whoever proposes to publish laws for States, regulating the conduct of the citizens in State affairs and public matters, and deems that there is no need to make laws for their private conduct, even in necessary matters, but that everyone should be allowed to spend his day just as he pleases, instead of its being compulsory for everything, public and private, to be done by a regular rule, and supposes that, if he leaves private conduct unregulated by law, the citizens will still consent to regulate their public and civil life by law—this man is wrong in his proposal. For what reason have I said this? For this reason,—because we shall assert that the married people must take their meals at the public messes neither more nor less than they did during the time preceding marriage. When the customs of the public mess first arose in your countries—probably dictated by a war or by some event of equal potency, when you were short of men and in dire straits,—it seemed an astonishing institution; but after you had had experience of these public messes and had been obliged to adopt them, the custom seemed to contribute admirably towards security; and in some such way as that the public mess came to be one of your established institutions.[*](Cp. Aristot. Pol. 1272a 2 ff.)

Clin. That is likely enough.

Ath. So, though this was once, as I said, an astonishing and alarming institution to impose on people, a man who tried to impose it as a law nowadays would not find it an equally difficult task. But the practice which follows on this institution, and which, if carried out, would be really successful,—although at present it nowhere is carried out, and so causes the lawgiver (if he tries) to be practically carding his wool (as the proverb has it) into the fire, and laboring in vain at an endless tale of toils,— this practice it is neither easy to state nor, when stated, to carry into effect.

Clin. Why do you show so much hesitation, Stranger, in mentioning this?

Ath. Listen now, so that we may not spend much time on the matter to no purpose. Everything that takes place in the State, if it participates in order and law, confers all kinds of blessings; but most things that are either without order or badly-ordered counteract the effects of the well-ordered. And it is into this plight that the practice we are discussing has fallen. In your case, Clinias and Megillus, public meals for men are, as I said, rightly and admirably established by a divine necessity, but for women this institution is left, quite wrongly, unprescribed by law, nor are public meals for them brought to the light of day;

Ath. instead of this, the female sex, that very section of humanity which, owing to its frailty, is in other respects most secretive and intriguing, is abandoned to its disorderly condition through the perverse compliance of the lawgiver. Owing to your neglect of that sex, you have had an influx of many consequences which would have been much better than they now are if they had been under legal control. For it is not merely, as one might suppose, a matter affecting one-half of our whole task—this matter of neglecting to regulate women,— but in as far as females are inferior in goodness to males, just in so far it affects more than the half. It is better, then, for the welfare of the State to revise and reform this institution, and to regulate all the institutions for both men and women in common. At present, however, the human race is so far from having reached this happy position, that a man of discretion must actually avoid all mention of the practice in districts and States where even the existence of public meals is absolutely without any formal recognition. How then shall one attempt, without being laughed at, actually to compel women to take food and drink publicly and exposed to the view of all? The female sex would more readily endure anything rather than this: accustomed as they are to live a retired and private life, women will use every means to resist being led out into the light, and they will prove much too strong for the lawgiver. So that elsewhere, as I said, women would not so much as listen to the mention of the right rule without shrieks of indignation; but in our State perhaps they will. So if we agree that our discourse about the polity as a whole must not—so far as theory goes—prove abortive, I am willing to explain how this institution is good and fitting, if you are equally desirous to listen, but otherwise to leave it alone.

Clin. Nay, Stranger, we are both inexpressibly desirous to listen.

Ath. Let us listen, then. And do not be surprised if you find me taking the subject up again from an early point. For we are now enjoying leisure, and there is no pressing reason to hinder us from considering laws from all possible points of view.

Clin. Very true.

Ath. Let us, then, revert again to our first statements.[*](Plat. Laws 676a.) Thus much at least every man ought to understand,—that either the human race never had a beginning at all, and will never have an end, but always was and always will be, or else it must have been in existence an incalculable length of time from the date when it first began.

Clin. Undoubtedly.

Ath. Well then, do we not suppose that all the world over and in all sorts of ways there have been risings and fallings of States, and institutions of every variety of order and disorder, and appetites for food—both meats and drinks—of every kind, and all sorts of variations in the seasons, during which it is probable that the animals underwent innumerable changes?

Clin. Certainly.

Ath. Are we to believe, then, that vines, not previously existing, appeared at a certain stage; and olives, likewise, and the gifts of Demeter and Kore?[*](Or Persephone, daughter of the Earth-mother, Demeter. Triptolemus was a mythical hero of EIeusis, worshipped as the inventor and patron of agriculture.) And that some Triptolemus was the minister of such fruits? And during the period that these fruits were as yet non-existent, must we not suppose that the animals turned, as they do now, to feeding on one another.

Clin. Of course.

Ath. The custom of men sacrificing one another is, in fact, one that survives even now among many peoples; whereas amongst others we hear of how the opposite custom existed, when they were forbidden so much as to eat an ox, and their offerings to the gods consisted, not of animals, but of cakes of meal and grain steeped in honey, and other such bloodless sacrifices, and from flesh they abstained as though it were unholy to eat it or to stain with blood the altars of the gods; instead of that, those of us men who then existed lived what is called an Orphic life, keeping wholly to inanimate food and, contrariwise, abstaining wholly from things animate.

Clin. Certainly what you say is widely reported and easy to credit.

Ath. Someone might ask us— For what purpose have you now said all this?

Clin. A correct surmise, Stranger.

Ath. So I will try, if I can, Clinias, to explain the subject which comes next in order.

Clin. Say on.

Ath. I observe that with men all things depend on a threefold need and desire, wherein if they proceed rightly, the result is goodness, if badly, the opposite. Of these desires they possess those for food and drink as soon as they are born; and about the whole sphere of food every creature has an instinctive lust, and is full of craving, and quite deaf to any suggestion that they ought to do anything else than satisfy their tastes and desires for all such objects, and thus rid themselves entirely of all pain.

Ath. Thirdly comes our greatest need and keenest lust, which, though the latest to emerge, influences the soul of men with most raging frenzy—the lust for the sowing of offspring that burns with utmost violence. These three morbid states[*](The soul is in a diseased state when wholly dominated by any irrational desire or passion.) we must direct towards what is most good, instead of what is (nominally) most pleasant, trying to check them by means of the three greatest forces—fear, law, and true reasoning,—reinforced by the Muses and the Gods of Games, so as to quench thereby their increase and inflow. So let us place the subject of the production of children next after that of marriage, and after their production, their nurture and education. If our discourse proceeds on these lines, possibly each of our laws will attain completion, and when we come to the public meals, by approaching these at close quarters we shall probably discern more clearly whether such associations ought to be for men only, or for women as well; and thus we shall not only prescribe the preliminaries that are still without legal regulation, and place them as fences before the common meals, but also, as I said just now, we shall discuss more exactly the character of the common meals, and thus be more likely to prescribe for them laws that are suitable and fitting.

Clin. You are perfectly right.

Ath. Let us, then, bear in mind the things we mentioned a moment ago; for probably we shall need them all presently.

Clin. What are the things you bid us remember?

Ath. Those we distinguished by the three terms we used: we spoke, you recollect, of eating, secondly of drinking, and thirdly of sexual excitement.

Clin. We shall certainly remember the things you now bid us, Stranger.

Ath. Very good. Let us now come to the nuptials, so as to instruct them how and in what manner they ought to produce children, and, if we fail to persuade them, to threaten them by certain laws.

Clin. How?

Ath. The bride and bridegroom must set their minds to produce for the State children of the greatest possible goodness and beauty. All people that are partners in any action produce results that are fair and good whensoever they apply their minds to themselves and the action, but the opposite results when either they have no minds or fail to apply them.

Ath. The bridegroom, therefore, shall apply his mind both to the bride and to the work of procreation, and the bride shall do likewise, especially during the period when they have no children yet born. In charge of them there shall be the women-inspectors whom we have chosen,—more or fewer of them, according to the number and times of their appointments, decided by the officials; and they shall meet every day at the temple of Eileithyia,[*](Goddess of childbirth.) for a third of an hour, or more; and at their meetings they shall report to one another any case they may have noticed where any man or woman of the procreative age is devoting his attention to other things instead of to the rules ordained at the marriage sacrifices and ceremonies. The period of procreation and supervision shall be ten years and no longer, whenever there is an abundant issue of offspring; but in case any are without issue to the end of this period, they shall take counsel in common to decide what terms are advantageous for both parties, in conjunction with their kindred and the women-officials, and be divorced. If any dispute arises as to what is fitting and advantageous for each party, they shall choose ten of the Law-wardens, and abide by the regulations they shall permit or impose. The women-inspectors shall enter the houses of the young people, and, partly by threats, partly by admonition, stop them from their sin and folly: if they cannot do so, they shall go and report the case to the Law-wardens, and they shall prevent them. If they also prove unable, they shall inform the State Council, posting up a sworn statement that they are verily unable to reform So-and-so. The man that is thus posted up,— if he fails to defeat those who have thus posted him in the law-courts,—shall suffer the following disqualifications: he shall not attend any marriage or children’s birthday feasts, and if he does so, anyone who wishes may with impunity punish him with blows. The same law shall hold good for the women: the offender shall have no part in women’s excursions, honors, or invitations to weddings or birthday feasts, if she has been similarly posted up as disorderly and has lost her suit. And when they shall have finished producing children according to the laws, if the man have sexual intercourse with a strange woman, or the woman with a man, while the latter are still within the procreative age-limit, they shall be liable to the same penalty as was stated for those still producing children.

Ath. Thereafter the man and woman that are sober-minded in these matters shall be well-reputed in every way; but the opposite kind of esteem, or rather disesteem, shall be shown to persons of the opposite character. Sexual conduct shall lie unmentioned or unprescribed by law when the majority show due propriety therein; but if they are disorderly, then what is thus prescribed shall be executed according to the laws then enacted. For everyone the first year is the beginning of the whole life: it ought to be inscribed as life’s beginning for both boy and girl in their ancestral shrines: beside it, on a whited wall in every phratry, there should be written up the number of the archons who give its number to the year; and the names of the living members of the phratry shall be written always close together, and those of the deceased shall be erased. The limit of the marriage-age shall be from sixteen to twenty years—the longest time allowed—for a girl, and for a boy from thirty to thirty-five. The limit for official posts shall be forty for a woman and thirty for a man. For military services the limit shall be from twenty years up to sixty for a man; for women they shall ordain what is possible and fitting in each case, after they have finished bearing children, and up to the age of fifty, in whatever kind of military work it may be thought right to employ their services.