Laws

Ath. and further, should a man be forced again to change back to one of the highly-reputed diets, how he is upset and ill at first, and recovers with difficulty as he gets used again to the food,—it is precisely the same, we must suppose, with the intellects of men and the nature of their souls. For if there exist laws under which men have been reared up and which (by the blessing of Heaven) have remained unaltered for many centuries, so that there exists no recollection or report of their ever having been different from what they now are,—then the whole soul is forbidden by reverence and fear to alter any of the things established of old. By hook or by crook, then, the lawgiver must devise a means whereby this shall be true of his State. Now here is where I discover the means desired:—Alterations in children’s games are regarded by all lawgivers (as we said above[*](Plat. Laws 797b, Plat. Laws 797C.)) as being mere matters of play, and not as the causes of serious mischief; hence, instead of forbidding them, they give in to them and adopt them. They fail to reflect that those children who innovate in their games grow up into men different from their fathers; and being thus different themselves, they seek a different mode of life, and having sought this, they come to desire other institutions and laws; and none of them dreads the consequent approach of that result which we described just now as the greatest of all banes to a State. The evil wrought by changes in outward forms would be of less importance; but frequent changes in matters involving moral approval and disapproval are, as I maintain, of extreme importance, and require the utmost caution.

Clin. Most certainly.

Ath. Well, then, do we still put our trust in those former statements of ours,[*](Plat. Laws 654e ff., Plat. Laws 668a.) in which we said that matters of rhythm and music generally are imitations of the manners of good or bad men? Or how do we stand?

Clin. Our view at least remains unaltered.

Ath. We assert, then, that every means must be employed, not only to prevent our children from desiring to copy different models in dancing or singing, but also to prevent anyone from tempting them by the inducement of pleasures of all sorts.

Clin. Quite right.

Ath. To attain this end, can any one of us suggest a better device than that of the Egyptians?[*](Cp. Plat. Laws 656d.)

Clin. What device is that?

Ath. The device of consecrating all dancing and all music. First, they should ordain the sacred feasts, by drawing up an annual list of what feasts are to be held, and on what dates, and in honor of what special gods and children of gods and daemons; and they should ordain next what hymn is to be sung at each of the religious sacrifices, and with what dances each such sacrifice is to be graced; these ordinances should be first made by certain persons, and then the whole body of citizens, after making a public sacrifice to the Fates and all the other deities, should consecrate with a libation these ordinances—dedicating each of the hymns to their respective gods and divinities. And if any man proposes other hymns or dances besides these for any god, the priests and priestesses will be acting in accordance with both religion and law when, with the help of the Law-wardens, they expel him from the feast; and if the man resists expulsion, he shall be liable, so long as he lives, to be prosecuted for impiety by anyone who chooses.

Clin. That is right.

Ath. Since we find ourselves now dealing with this theme, let us behave as befits ourselves.[*](i.e. with the caution proper to old men.)

Clin. In what respect?

Ath. Every young man—not to speak of old men—on hearing or seeing anything unusual and strange, is likely to avoid jumping to a hasty and impulsive solution of his doubts about it, and to stand still; just as a man who has come to a crossroads and is not quite sure of his way, if he be travelling alone, will question himself, or if travelling with others, will question them too about the matter in doubt, and refuse to proceed until he has made sure by investigation of the direction of his path. We must now do likewise. In our discourse about laws, the point which has now occurred to us being strange, we are bound to investigate it closely; and in a matter so weighty we, at our age, must not lightly assume or assert that we can make any reliable statement about it on the spur of the moment.

Clin. That is very true.

Ath. We shall, therefore, devote some time to this subject, and only when we have investigated it thoroughly shall we regard our conclusions as certain. But lest we be uselessly hindered from completing the ordinance which accompanies the laws with which we are now concerned, let us proceed to their conclusion. For very probably (if Heaven so will) this exposition, when completely brought to its conclusion, may also clear up the problem now before us.

Clin. Well said, Stranger: let us do just as you say.

Ath. Let the strange fact be granted, we say, that our hymns are now made into nomes (laws),[*](A play on the double sense of νόμος,—law and chant or tune: cp. 700 B, 722 D, 734 E.) just as the men of old, it would seem, gave this name to harp-tunes,— so that they, too, perhaps, would not wholly disagree with our present suggestion, but one of them may have divined it vaguely, as in a dream by night or a waking vision: anyhow, let this be the decree on the matter:—In violation of public tunes and sacred songs and the whole choristry of the young, just as in violation of any other nome (law), no person shall utter a note or move a limb in the dance. He that obeys shall be free of all penalty; but he that disobeys shall (as we said just now) be punished by the Law-wardens, the priestesses and the priests. Shall we now lay down these enactments in our statement?

Clin. Yes, lay them down.

Ath. How shall we enact these rules by law in such a way as to escape ridicule? Let us consider yet another point concerning them. The safest plan is to begin by framing in our discourse some typical cases,[*](ἐκμαγεῖον(mold or impression) is here used, much like εἶδος, of a class or type of cases needing legal regulation.) so to call them; one such case I may describe in this way. Suppose that, when a sacrifice is being performed and the offerings duly burned, some private worshipper—a son or a brother —when standing beside the altar and the offering, should blaspheme most blasphemously, would not his voice bring upon his father and the rest of the family a feeling of despair and evil forebodings?

Clin. It would.

Ath. Well, in our part of the world this is what happens, one may almost say, in nearly every one of the States. Whenever a magistrate holds a public sacrifice, the next thing is for a crowd of choirs— not merely one—to advance and take their stand, not at a distance from the altars, but often quite close to them; and then they let out a flood of blasphemy over the sacred offerings, racking the souls of their audience with words, rhythms and tunes most dolorous, and the man that succeeds at once in drawing most tears from the sacrificing city carries off the palm of victory. Must we not reject[*](Music should he used as an ennobling educational instrument, promoting self-control, not as a means of exciting vulgar sentiment and passion.) such a custom as this? For if it is ever really necessary that the citizens should listen to such doleful strains, it would be more fitting that the choirs that attend should be hired from abroad, and that not on holy days but only on fast-days— just as a corpse is escorted with Carian music by hired mourners. Such music would also form the fitting accompaniment for hymns of this kind; and the garb befitting these funeral hymns would not be any crowns nor gilded ornaments, but just the opposite, for I want to get done with this subject as soon as I can. Only I would have us ask ourselves again[*](Cp. Plat. Laws 800b.) this single question,—are we satisfied to lay this down as our first typical rule for hymns?

Clin. What rule?

Ath. That of auspicious speech; and must we have a kind of hymn that is altogether in all respects auspicious? Or shall I ordain that it shall be so, without further questioning?

Clin. By all means ordain it so; for that is a law carried by a unanimous vote.

Ath. What then, next to auspicious speech, should be the second law of music? Is it not that prayers should be made on each occasion to those gods to whom offering is made?

Clin. Certainly.

Ath. The third law, I suppose, will be this,—that the poets, knowing that prayers are requests addressed to gods, must take the utmost care lest unwittingly they request a bad thing as though it were a good thing; for if such a prayer were made, it would prove, I fancy, a ludicrous blunder.

Clin. Of course.

Ath. Did not our argument convince us, a little while ago,[*](Plat. Laws 742d. Plutus is the god of wealth.) that no Plutus either in gold or in silver should dwell enshrined within the State?

Clin. It did.

Ath. What then shall we say that this statement serves to illustrate? Is it not this,—that the tribe of poets is not wholly capable of discerning very well what is good and what not? For surely when a poet, suffering from this error, composes prayers either in speech or in song, he will be making our citizens contradict ourselves in their prayers for things of the greatest moment; yet this, as we have said,[*](Plat. Laws 801b.) is an error than which few are greater. So shall we also lay down this as one of our laws and typical cases regarding music?

Clin. What law? Explain it to us more clearly.

Ath. The law that the poet shall compose nothing which goes beyond the limits of what the State holds to be legal and right, fair and good; nor shall he show his compositions to any private person until they have first been shown to the judges appointed to deal with these matters, and to the Law-wardens, and have been approved by them. And in fact we have judges appointed in those whom we selected to be the legislators of music and in the supervisor of education. Well then, I repeat my question,—is this to be laid down as our third law, typical case, and example? What think you?

Clin. Be it laid down by all means.

Ath. Next to these, it will be most proper to sing hymns and praise to the gods, coupled with prayers; and after the gods will come prayers combined with praise to daemons and heroes, as is befitting to each.

Clin. To be sure.

Ath. This done, we may proceed at once without scruple to formulate this law:—all citizens who have attained the goal of life and have wrought with body or soul noble works and toilsome, and have been obedient to the laws, shall be regarded as fitting objects for praise.

Clin. Certainly.

Ath. But truly it is not safe to honor with hymns and praises those still living, before they have traversed the whole of life and reached a noble end. All such honors shall be equally shared by women as well as men who have been conspicuous for their excellence. As to the songs and the dances, this is the fashion in which they should be arranged. Among the compositions of the ancients there exist many fine old pieces of music, and likewise dances, from which we may select without scruple for the constitution we are founding such as are fitting and proper. To examine these and make the selection, we shall choose out men not under fifty years of age; and whichever of the ancient songs are approved we shall adopt, but whichever fail to reach our standard, or are altogether unsuitable, we shall either reject entirely or revise and remodel. For this purpose we shall call in the advice of poets and musicians, and make use of their poetical ability, without, however, trusting to their tastes or their wishes, except in rare instances; and by thus expounding the intentions of the lawgiver, we shall organize to his satisfaction dancing, singing, and the whole of choristry. In truth, every unregulated musical pursuit becomes, when brought under regulation, a thousand times better, even when no honeyed strains are served up: all alike provide pleasure.[*](i.e. a regulated style of music pleases the educated just as much as the other sort pleases the uneducated. Cp. Plat. Laws 658e.) For if a man has been reared from childhood up to the age of steadiness and sense in the use of music that is sober and regulated, then he detests the opposite kind whenever he hears it, and calls it vulgar; whereas if he has been reared in the common honeyed kind of music, he declares the opposite of this to be cold and unpleasing. Hence, as we said just now, in respect of the pleasure or displeasure they cause neither kind excels the other; where the superiority lies is in the fact that the one kind always makes those who are reared in it better, the other worse.

Clin. Finely spoken!

Ath. Further, it will be right for the lawgiver to set apart suitable songs for males and females by making a rough division of them; and he must necessarily adapt them to harmonies and rhythms, for it would be a horrible thing for discord to exist between theme and tune, meter and rhythm, as a result of providing the songs with unsuitable accompaniments. So the lawgiver must of necessity ordain at least the outline of these. And while it is necessary for him to assign both words and music for both types of song as defined by the natural difference of the two sexes, he must also clearly declare wherein the feminine type consists. Now we may affirm that what is noble and of a manly tendency is masculine, while that which inclines rather to decorum and sedateness is to be regarded rather as feminine both in law and in discourse.

Ath. Such then is our regulation of the matter. We have next to discuss the question of the teaching and imparting of these subjects—how, by whom, and when each of them should be practiced. Just as a shipwright at the commencement of his building outlines the shape of his vessel by laying down her keel, so I appear to myself to be doing just the same—trying to frame, that is, the shapes of lives according to the modes of their souls, and thus literally laying down their keels, by rightly considering by what means and by what modes of living we shall best navigate our barque of life through this voyage of existence. And notwithstanding that human affairs are unworthy of earnest effort, necessity counsels us to be in earnest; and that is our misfortune. Yet, since we are where we are, it is no doubt becoming that we should show this earnestness in a suitable direction. But no doubt I may be faced—and rightly faced—with the question, What do I mean by this?

Clin. Certainly.

Ath. What I assert is this,—that a man ought to be in serious earnest about serious things, and not about trifles; and that the object really worthy of all serious and blessed effort is God, while man is contrived, as we said above,[*](Plat. Laws 644d.) to be a plaything of God, and the best part of him is really just that; and thus I say that every man and woman ought to pass through life in accordance with this character, playing at the noblest of pastimes, being otherwise minded than they now are.

Clin. How so?

Ath. Now they imagine that serious work should be done for the sake of play; for they think that it is for the sake of peace that the serious work of war needs to be well conducted. But as a matter of fact we, it would seem, do not find in war, either as existing or likely to exist, either real play or education worthy of the name, which is what we assert to be in our eyes the most serious thing. It is the life of peace that everyone should live as much and as well as he can. What then is the right way? We should live out our lives playing at certain pastimes—sacrificing, singing and dancing—so as to be able to win Heaven’s favor and to repel our foes and vanquish them in fight.

Ath. By means of what kinds of song and dance both these aims may be effected,—this has been, in part, stated in outline, and the paths of procedure have been marked out, in the belief that the poet is right when he says—

1. Telemachus, thine own wit will in part
2. Instruct thee, and the rest will Heaven supply;
3. For to the will of Heaven thou owest birth
4. And all thy nurture, I would fain believe.

Meg. You have a very mean opinion, Stranger, of the human race.

Ath. Marvel not, Megillus, but forgive me. For when I spoke thus, I had my mind set on God, and was feeling the emotion to which I gave utterance. Let us grant, however, if you wish, that the human race is not a mean thing, but worthy of serious attention. To pursue our subject,—we have described[*](Plat. Laws 764c, Plat. Laws 779d.) buildings for public gymnasia as well as schools in three divisions within the city, and also in three divisions round about the City training-grounds and race-courses for horses, arranged for archery and other long-distance shooting, and for the teaching and practicing of the youth: if, however, our previous description of these was inadequate, let them now be described and legally regulated. In all these establishments there should reside teachers attracted by pay from abroad for each several subject, to instruct the pupils in all matters relating to war and to music; and no father shall either send his son as a pupil or keep him away from the training-school at his own sweet will, but every man jack of them all (as the saying goes) must, so far as possible, be compelled to be educated, inasmuch as they are children of the State even more than children of their parents. For females, too, my law will lay down the same regulations as for men, and training of an identical kind. I will unhesitatingly affirm that neither riding nor gymnastics, which are proper for men, are improper for women.

Ath. I believe the old tales I have heard, and I know now of my own observation, that there are practically countless myriads of women called Sauromatides, in the district of Pontus, upon whom equally with men is imposed the duty of handling bows and other weapons, as well as horses, and who practice it equally. In addition to this I allege the following argument. Since this state of things can exist, I affirm that the practice which at present prevails in our districts is a most irrational one—namely, that men and women should not all follow the same pursuits with one accord and with all their might. For thus from the same taxation and trouble there arises and exists half a State only instead of a whole one, in nearly every instance; yet surely this would be a surprising blunder for a lawgiver to commit.

Clin. So it would seem; yet truly a vast number of the things now mentioned, Stranger, are in conflict with our ordinary polities.

Ath. Well, but I said[*](Cp. Plat. Laws 746c, Plat. Laws 799e.) that we should allow the argument to run its full course, and when this is done we should adopt the conclusion we approve.

Clin. In this you spoke most reasonably; and you have made me now chide myself for what I said. So say on now what seems good to you.

Ath. What seems good to me, Clinias, as I said before,[*](Plat. Laws 805a.) is this,—that if the possibility of such a state of things taking place had not been sufficiently proved by facts, then it might have been possible to gainsay our statement; but as it is, the man who rejects our law must try some other method, nor shall we be hereby precluded from asserting in our doctrine that the female sex must share with the male, to the greatest extent possible, both in education and in all else. For in truth we ought to conceive of the matter in this light. Suppose that women do not share with men in the whole of their mode of life, must they not have a different system of their own?

Clin. They must.

Ath. Then which of the systems now in vogue shall we prescribe in preference to that fellowship which we are now imposing upon them? Shall it be that of the Thracians, and many other tribes, who employ their women in tilling the ground and minding oxen and sheep and toiling just like slaves? Or that which obtains with us and all the people of our district? The way women are treated with us at present is this—we huddle all our goods together, as the saying goes, within four walls, and then hand over the dispensing of them to the women, together with the control of the shuttles and all kinds of wool-work.

Ath. Or again, shall we prescribe for them, Megillus, that midway system, the Laconian? Must the girls share in gymnastics and music, and the women abstain from wool-work, but weave themselves instead a life that is not trivial at all nor useless, but arduous, advancing as it were halfway in the path of domestic tendance and management and child-nurture, but taking no share in military service; so that, even if it should chance to be necessary for them to fight in defence of their city and their children, they will be unable to handle with skill either a bow (like the Amazons) or any other missile, nor could they take spear and shield, after the fashion of the Goddess,[*](For Athene as a warrior, cp. Plat. Laws 796b.) so as to be able nobly to resist the wasting of their native land, and to strike terror—if nothing more—into the enemy at the sight of them marshalled in battle-array? If they lived in this manner, they certainly would not dare to adopt the fashion of the Sauromatides, whose women would seem like men beside them. So in regard to this matter, let who will commend your Laconian lawgivers: as to my view, it must stand as it is. The lawgiver ought to be whole-hearted, not half-hearted,—letting the female sex indulge in luxury and expense and disorderly ways of life,[*](Cp. Aristot. Pol. 1269b 12 ff.) while supervising the male sex; for thus he is actually bequeathing to the State the half only, instead of the whole, of a life of complete prosperity.

Meg. What are we to do, Clinias? Shall we allow the Stranger to run down our Sparta in this fashion?

Clin. Yes: now that we have granted him free speech we must let him be, until we have discussed the laws fully.

Meg. You are right.

Ath. May I, then, endeavor without more delay to proceed with my exposition?

Clin. By all means.

Ath. What manner of life would men live, supposing that they possessed a moderate supply of all the necessaries, and that they had entrusted all the crafts to other hands, and that their farms were hired out to slaves, and yielded them produce enough for their modest needs? Let us further suppose that they had public mess-rooms—separate rooms for men, and others close by for their households, including the girls and their mothers—

Ath. and that each of these rooms was in charge of a master or mistress, to dismiss the company and to watch over their behavior daily; and, at the close of the meal, that the master and all the company poured a libation in honor of those gods to whom that night and day were dedicated, and so finally retired home. Supposing them to be thus organized, is there no necessary work, of a really appropriate kind, left for them, but must every one of them continue fattening himself like a beast?[*](Cp. Aristot. Pol. 1334a.13 ff.) That, we assert, is neither right nor good; nor is it possible for one who lives thus to miss his due reward; and the due reward of an idle beast, fattened in sloth, is, as a rule, to fall a prey to another beast—one of those which are worn to skin and bone through toil hardily endured. Now it is probable that if we look to find this state of leisure fully realized exactly as described, we shall be disappointed, so long as women and children and houses remain private, and all these things are established as the private property of individuals; but if the second-best State,[*](i.e. the (Magnesian) State described in the Laws, in contrast to the Ideal (communistic) State of the Republic.) as now described, could exist, we might be well content with it. And, we assert, there does remain for men living this life a task that is by no means small or trivial, but rather one that a just law imposes upon them as the weightiest task of all. For as compared with the life that aims at a Pythian or Olympian victory and is wholly lacking in leisure for other tasks, that life we speak of—which most truly deserves the name of life—is doubly (nay, far more than doubly) lacking in leisure, seeing that it is occupied with the care of bodily and spiritual excellence in general. For there ought to be no other secondary task to hinder the work of supplying the body with its proper exercise and nourishment, or the soul with learning and moral training: nay, every night and day is not sufficient for the man who is occupied therein to win from them their fruit in full and ample measure. So this being nature’s law, a program must be framed for all the freeborn men, prescribing how they shall pass their time continuously, from dawn to dawn and sunrise on each successive day. It would be undignified for a lawgiver to mention a host of petty matters connected with the domestic arrangements—such as, in particular, the rules about that wakefulness at night which is proper for men who propose to guard a whole State adequately and continuously.