Laws

Ath. in fact, they shall do literal fighting with balls[*](Sphaeromachia was a (hand) ball contest between opposing sides (something like our hockey or polo matches).) and darts as nearly real as possible,—though the points of the darts shall be made less dangerous,—in order that their games of combat may not be devoid of some element of alarm, but may provide terrors and indicate to some extent who is stout-hearted and who not: to the former the lawgiver shall duly assign honors, to the latter degradation, that thus he may prepare the whole State to be serviceable throughout life in the real contest. Moreover, if a man gets killed in these sham fights, inasmuch as the murder is involuntary, he shall pronounce the slayer to be pure of hands, when he has been legally purified; for he will reflect that, when a few men die, others equally good will grow up in their place, whereas, once fear is, so to speak, dead, he will be unable to find a test to distinguish, in all such cases, the good from the bad,— and that is a far greater evil than the other for a State.

Clin. We, at least, Stranger, would certainly agree that every State should both ordain and practice these things.

Ath. Are we all aware of the reason why such choristry and such contests do not at present exist anywhere in the States, except to a very small extent? Shall we say that this is due to the ignorance of the populace and of those who legislate for them?

Clin. Possibly.

Ath. Not so, by any means, my ingenious Clinias! What we ought to say is that there are two causes, and both most weighty ones.

Clin. What are they?

Ath. The first springs from a lust for wealth which allows a man no leisure time for attention to anything else save his own private property; and when the soul of every citizen hangs upon this, it is incapable of attending to matters other than daily gain. Whatsoever science or pursuit leads to this, every man individually is most ready to learn and to practice; but all else he laughs to scorn. This we must assert to be one particular cause why a State is unwilling to be in earnest about this, or any other, fine and noble pursuit; and why, on the other hand, every individual, because of his greed for silver and gold, is willing to toil at every art and device, noble or ignoble, if he is likely to get rich by it,—willing, too, to perform actions both holy and unholy—nay, utterly shameful—without a scruple, provided only that he is able to sate himself to repletion, like a beast, with all manner of foods and drinks and wenchings.

Clin. True.

Ath. Then let this which I describe be laid down as one cause which hinders the States from adequately practicing either military operations or any other noble pursuits and which turns men who are of a quiet nature [*](Cp. Plat. Laws 691b, Plat. Rep. 410c.) into traders, ship-owners, and servants, while of the bold it makes pirates, burglars, temple-robbers, fighters and despots,—and that though, in some cases, they are not ill-natured, but merely ill-fortuned.

Clin. How so?

Ath. Well, how could I describe otherwise than as utterly unfortunate men who are compelled to go through life with hunger[*](i.e. for gold. Cp. Virgil’s auri sacra fames.) always in their own souls?

Clin. This, then, is one cause: what is the second cause you speak of, Stranger?

Ath. You are right in reminding me.

Meg. One cause, as you assert, is this lifelong insatiable pursuit, which wholly engrosses each man, and hinders each and all from rightly practicing military operations. Be it so: now tell us the second cause.

Ath. Do you think that I am delaying to do so because I am at a loss?

Meg. No; but we think that, owing to a sort of hatred against the character you describe, you are castigating it more severely than is required by the argument now on hand.

Ath. Your rebuke is just, Strangers; you want, it seems, to hear what comes next.

Clin. Only say on.

Ath. There lies a cause, as I affirm, in those non-polities which I have often mentioned[*](Plat. Laws 712c ff., Plat. Laws 713e ff.) in our previous discourse,—namely, democracy, oligarchy, and tyranny. For none of these is a polity, but the truest name for them all would be faction-State; for none of them is a form of voluntary rule over willing subjects, but a voluntary rule over unwilling subjects accompanied always by some kind of force; and the ruler, through fear of the subject, will never voluntarily allow him to become noble or wealthy or strong or brave or in any way warlike. These, then, are the two main causes of nearly everything, and certainly of the conditions we described. The polity, however, for which we are now legislating has escaped both these causes; for not only does it enjoy a great amount of leisure,[*](Cp. Plat. Laws 806d, Plat. Laws 828d, Plat. Laws 828e, etc.) but the citizens also are free from one another’s domination, and as a consequence of these laws of ours they will be the least likely of men to be money-lovers. Hence it is both natural and logical that of all existing polities this type alone should welcome the system above described, which combines military schooling with sport, when we have rightly completed that description.

Clin. Very good.

Ath. The next step, then, is to remind ourselves, with regard to all gymnastic contests, that all such as afford training for war should be instituted, and should have prizes assigned to them, but all that do not do so must be set aside. What these contests consist in, it will be well to have described and ordained at the beginning. First, then, should we not ordain contests in running and speed in general?

Clin. We should.

Ath. Most important of all things for war is, no doubt, general activity of the body, of hands as well as feet—activity of foot for flight and pursuit, and of hand for the stand-up fighting at close quarters which calls for sturdiness and strength.

Clin. No doubt.

Ath. Yet, surely, neither of these is of the greatest service when it lacks weapons.

Clin. Certainly not.

Ath. So at our contests the herald (as is now the practice) shall summon first the short-distance runner: he shall enter fully armed; and for an unarmed competitor we shall offer no prize. First, then, there shall enter the man who, with his arms, is to run the furlong,—second, the runner of the quarter-mile,— third, the half-miler,—fourth, the runner of the three-quarters,—and fifth, that runner whom we shall despatch first, fully armed, to run a distance of four miles to a temple of Ares and back; he shall be in heavier armor, and be called a hoplite, and he shall run over a smooth course, while his antagonist[*](In this 5th race the hoplite, running the shorter course competes (on time) against the archer, running the longer course.) shall be dressed in the full equipment of an archer, and shall run a course of twelve miles over hills and varied country to a temple of Apollo and Artemis. And having thus set up the contests, we shall await the return of these runners, and to the winner of each race we shall award the prize.

Clin. Very right.

Ath. Let us plan these contests in three divisions—one for children, one for youths, and one for men. We shall ordain that the course for the youths’ races shall be two-thirds of the full course, and that for children one-half, when they compete either as archers or as hoplites. In the case of females, we shall ordain races of a furlong, a quarter-mile, a half-mile, and a three-quarters for girls under the age of puberty, who shall be stripped, and shall race on the course itself; and girls over thirteen shall continue to take part until married,[*](Cp. Plat. Laws 785b.) up to the age of twenty at most, or at least eighteen; but these, when they come forward and compete in these races, must be clad in decent apparel. Let such, then, be the rules concerning races for men and women. As to trials of strength, instead of wrestling and the other strong-man events now in vogue, we shall ordain fencing in armor, both in solo-contests and in team-competitions of anything from two to ten a side.

Ath. As regards the hits which a winner is to make or avoid, and how many points he must score,—just as now in the case of wrestling, those who deal with this art have fixed by law the points of good wrestling and bad, so likewise we must summon the experts in fencing under arms, and bid them help us to draw up laws by which to decide the proper winner in such fights, what he must do and what he must avoid,—and similarly the rules for determining the loser. For females also, up to the age of marriage, the same laws shall be laid down. And in the place of the pancratium we must establish a general tourney for peltasts, who shall compete with bows, targes, javelins, and stones flung either by hand or by sling; and for these, too, we shall prescribe laws for assigning the rewards and prizes to the man who best conforms to the rules governing such contests. After these, the next thing to ordain will be horse-racing. Here, in a country like Crete, there is not much need of horses—not in great numbers,—so that inevitably less attention is paid either to the rearing or the racing of horses. As to chariots, we have no one who keeps them, nor is anyone here likely to cherish any great ambition respecting them, so that to establish contests for them would run counter to native custom, and would not only seem, but be, a foolish act. If, however, we establish prizes for races of riding-horses— both for young colts, and for three-year-olds, and for those of full age—we shall be adapting the sport of horse-racing to the character of the country. Of these horsemen there shall be established by law a competitive contest, and the phylarchs and hipparchs shall act as public judges both of all the races and of the armed competitors. For unarmed competitors we should be wrong in establishing prizes, either here or in the gymnastic sports. And for a Cretan there is credit in being a mounted archer or javelin-man, so we shall have contests and matches of a sportive kind between these also. As to women,—it is not worth while to make compulsory laws and rules about their taking part in such sports; but if, as a result of earlier training which has grown into a habit, their nature allows, and does not forbid, girls or maidens to take part, let them do so without blame. So now at length we have reached the end both of competition and instruction in gymnastic, so far as concerns our education by means of contests and of daily teaching. Most of our account of music has likewise been completed; the regulations about rhapsodes, however, and their retinue, and the choral contests which must accompany festivals are matters to be arranged after the gods and demi-gods have had their months, days and years assigned to them; then it will be seen whether they should be biennial fixtures or quadrennial, or what mode and manner of arranging them the gods may suggest.

Ath. Then also, one expects, the musical contests will be held in sections, as arranged by the Masters of the Games and the Educator of the youth and the Law-wardens, meeting for this special purpose and acting in person as legislators to determine what persons, and when and with whom, are to frame the contests for all the choruses and choristry. Of what character each of these ought to be in respect of words, songs and tunes, blended with rhythm and dance, has frequently been stated[*](In Books VI and VII.) by the original lawgiver; the secondary lawgivers should follow him in their enactments, and they should arrange the contests at convenient times to suit the several sacrifices, and thus appoint festivals for the State to observe. Now as to these and the like matters, it is by no means hard to perceive how they should be given legal regulation, nor indeed would a shifting of their positions cause much gain or loss to the State. But the things which do make no small difference, and of which it is hard to persuade men—these form a task especially for God (were it possible that orders should come from him): as it is, they are likely to require a bold man who, valuing candor above all else, will declare what he deems best for city and citizens, and in the midst of corrupted souls will enjoin what is fitting and in keeping with all the constitution, and gainsay the mightiest lusts, acting alone by himself with no man to help him save, as his solitary leader, Reason.

Clin. What is it we are reasoning about now, Stranger? For we are still in the dark.

Ath. Naturally: but I will try to explain myself more clearly. When in my discourse I came to the subject of education,[*](Plat. Laws 771e.) I saw young men and maidens consorting with one another affectionately; and, naturally, a feeling of alarm came upon me, as I asked myself how one is to manage a State like this in which young men and maidens are well-nourished but exempt from those severe and menial labors which are the surest means of quenching wantonness, and where the chief occupation of everyone all through life consists in sacrifices, feasts and dances. In a State such as this, how will the young abstain from those desires which frequently plunge many into ruin,—all those desires from which reason, in its endeavor to be law,[*](A play on νόμος=νοῦς; cp. Plat. Laws 836e, Plat. Laws 714a.) enjoins abstinence?

Ath. That the laws previously ordained serve to repress the majority of desires is not surprising; thus, for example, the proscription of excessive wealth is of no small benefit for promoting temperance, and the whole of our education-system contains laws useful for the same purpose; in addition to this, there is the watchful eye of the magistrates, trained to fix its gaze always on this point and to keep constant watch on the young people. These means, then, are sufficient (so far as any human means suffice) to deal with the other desires. But when we come to the amorous passions of children of both sexes and of men for women and women for men,— passions which have been the cause of countless woes both to individuals and to whole States,—how is one to guard against these, or what remedy can one apply so as to find a way of escape in all such cases from a danger such as this? It is extremely difficult, Clinias. For whereas, in regard to other matters not a few, Crete generally and Lacedaemon furnish us (and rightly) with no little assistance in the framing of laws which differ from those in common use,—in regard to the passions of sex (for we are alone by ourselves) they contradict us absolutely. If we were to follow in nature’s steps and enact that law which held good before the days of Laius,[*](King of Thebes, father of Oedipus.) declaring that it is right to refrain from indulging in the same kind of intercourse with men and boys[*](Cp. Plat. Laws 636b., Plat. Sym.181-2.) as with women, and adducing as evidence thereof the nature of wild beasts, and pointing out how male does not touch male for this purpose, since it is unnatural,—in all this we would probably be using an argument neither convincing nor in any way consonant with your States. Moreover, that object which, as we affirm, the lawgiver ought always to have in view does not agree with these practices. For the enquiry we always make is this —which of the proposed laws tends toward virtue and which not. Come then, suppose we grant that this practice is now legalized, and that it is noble and in no way ignoble, how far would it promote virtue? Will it engender in the soul of him who is seduced a courageous character, or in the soul of the seducer the quality of temperance? Nobody would ever believe this; on the contrary, as all men will blame the cowardice of the man who always yields to pleasures and is never able to hold out against them, will they not likewise reproach that man who plays the woman’s part with the resemblance he bears to his model? Is there any man, then, who will ordain by law a practice like that? Not one, I should say, if he has a notion of what true law is. What then do we declare to be the truth about this matter?

Ath. It is necessary to discern the real nature of friendship and desire and love (so-called), if we are to determine them rightly; for what causes the utmost confusion and obscurity is the fact that this single term embraces these two things, and also a third kind compounded of them both.

Clin. How so?

Ath. Friendship is the name we give to the affection of like for like, in point of goodness, and of equal for equal; and also to that of the needy for the rich, which is of the opposite kind; and when either of these feelings is intense we call it love.

Clin. True.

Ath. The friendship which occurs between opposites is terrible and fierce and seldom reciprocal amongst men, while that based on similarity is gentle and reciprocal throughout life. The kind which arises from a blend of these presents difficulties,—first, to discover what the man affected by this third kind of love really desires to obtain, and, in the next place, because the man himself is at a loss, being dragged in opposite directions by the two tendencies,—of which the one bids him to enjoy the bloom of his beloved, while the other forbids him. For he that is in love with the body and hungering after its bloom,[*](Cp.Plat. Sym. 183d ff.) as it were that of a ripening peach, urges himself on to take his fill of it, paying no respect to the disposition of the beloved; whereas he that counts bodily desire as but secondary, and puts longing looks in place of love,[*](A play on the assonance ὁρῶν=ἐρῶν.) with soul lusting really for soul, regards the bodily satisfaction of the body as an outrage, and, reverently worshipping temperance, courage, nobility and wisdom, will desire to live always chastely in company with the chaste object of his love. But the love which is blended of these two kinds is that which we have described just now as third. Since, then, love has so many varieties, ought the law to prohibit them all and prevent them from existing in our midst, or shall we not plainly wish that the kind of love which belongs to virtue and desires the young to be as good as possible should exist within our State, while we shall prohibit, if possible, the other two kinds? Or what is our view, my dear Megillus?

Meg. Your description of the subject, Stranger, is perfectly correct.

Ath. It seems that, as I expected, I have gained your assent; so there is no need for me to investigate your law, and its attitude towards such matters, but simply to accept your agreement to my statement. Later on I will try to charm Clinias also into agreeing with me on this subject. So let your joint admission stand at that, and let us by all means proceed with our laws.

Meg. Quite right.

Ath. I know of a device at present for enacting this law, which is in one way easy, but in another quite the hardest possible.

Meg. Explain your meaning.

Ath. Even at present, as we are aware, most men, however lawless they are, are effectively and strictly precluded from sexual commerce with beautiful persons,—and that not against their will, but with their own most willing consent.

Meg. On what occasions do you mean?

Ath. Whenever any man has a brother or sister who is beautiful. So too in the case of a son or daughter, the same unwritten law is most effective in guarding men from sleeping with them, either openly or secretly, or wishing to have any connection with them,—nay, most men never so much as feel any desire for such connection.

Meg. That is true.

Ath. Is it not, then, by a brief sentence that all such pleasures are quenched?

Meg. What sentence do you mean?

Ath. The sentence that these acts are by no means holy, but hated of God and most shamefully shameful. And does not the reason lie in this, that nobody speaks of them otherwise, but every one of us, from the day of his birth, hears this opinion expressed always and everywhere, not only in comic speech, but often also in serious tragedy—as when there is brought on to the stage a Thyestes or an Oedipus, or a Macareus having secret intercourse with a sister, and all these are seen inflicting death upon themselves willingly as a punishment for their sins?

Meg. Thus much at least you are quite right in saying—that public opinion has a surprising influence, when there is no attempt by anybody ever to breathe a word that contradicts the law.

Ath. Then is it not true, as I said just now, that when a lawgiver wishes to subdue one of those lusts which especially subdue men, it is easy for him at least to learn the method of mastering them,—that it is by consecrating this public opinion in the eyes of all alike—bond and free, women and children, and the whole State—that he will effect the firmest security for this law.

Meg. Certainly; but how it will ever be possible for him to bring it about that all are willing to say such a thing—

Ath. A very proper observation. That was precisely the reason why I stated that in reference to this law I know of a device for making a natural use of reproductive intercourse,—on the one hand, by abstaining from the male and not slaying of set purpose the human stock, nor sowing seed on rocks and stones where it can never take root and have fruitful increase; and, on the other hand, by abstaining from every female field in which you would not desire the seed to spring up. This law, when it has become permanent and prevails—if it has rightly become dominant in other cases, just as it prevails now regarding intercourse with parents,—is the cause of countless blessings. For, in the first place, it follows the dictates of nature, and it serves to keep men from sexual rage and frenzy and all kinds of fornication, and from all excess in meats and drinks, and it ensures in husbands fondness for their own wives: other blessings also would ensue, in infinite number, if one could make sure of this law. Possibly, however, some young bystander, rash and of superabundant virility, on hearing of the passing of this law, would denounce us for making foolish and impossible rules, and fill all the place with his outcries; and it was in view of this that I made the statement[*](Plat. Laws 838b.) that I knew of a device to secure the permanence of this law when passed which is at once the easiest of all devices and the hardest. For while it is very easy to perceive that this is possible, and how it is possible—since we affirm that this rule, when duly consecrated, will dominate all souls, and cause them to dread the laws enacted and yield them entire obedience,—yet it has now come to this, that men think that, even so, it is unlikely to come about,—just in the same way as, in the case of the institution of public meals, people refuse to believe that it is possible for the whole State to be able to continue this practice constantly; and that, too, in spite of the evidence of facts and the existence of the practice in your countries; and even there, as applied to women, the practice is regarded as non-natural. Thus it was that, because of the strength of this unbelief, I said that it is most difficult to get both these matters permanently legalized.

Meg. And you were right in that.

Ath. Still, to show that it is not beyond the power of man, but possible, would you like me to try to state an argument which is not without some plausibility?

Clin. Certainly.

Ath. Would a man be more ready to abstain from sex-indulgence, and to consent to carry out the law on this matter soberly, if he had his body not ill-trained, but in good condition, than if he had it in bad condition?

Clin. He would be much more ready if it were not ill-trained.

Ath. Do we not know by report about Iccus[*](Cp. Plat. Prot. 316d ff.) of Tarentum, because of his contests at Olympia and elsewhere,— how, spurred on by ambition and skill, and possessing courage combined with temperance in his soul, during all the period of his training (as the story goes) he never touched a woman, nor yet a boy? And the same story is told about Crison and Astylus and Diopompus and very many others. And yet, Clinias, these men were not only much worse educated in soul then your citizens and mine, but they also possessed much more sexual vigor of body.

Clin. That this really happened in the case of these athletes is indeed, as you say, confidently affirmed by the ancients.

Ath. Well then, if those men had the fortitude to abstain from that which most men count bliss for the sake of victory in wrestling, running, and the like, shall our boys be unable to hold out in order to win a much nobler victory—that which is the noblest of all victories, as we shall tell them from their childhood’s days, charming them into belief, we hope, by tales and sentences and songs.

Clin. What victory?

Ath. Victory over pleasures,—which if they win, they will live a life of bliss, but if they lose, the very opposite. Furthermore, will not the dread that this is a thing utterly unholy give them power to master those impulses which men inferior to themselves have mastered?

Clin. It is certainly reasonable to suppose so.

Ath. Now that we have reached this point in regard to our regulation, but have fallen into a strait because of the cowardice of the many, I maintain that our regulation on this head must go forward and proclaim that our citizens must not be worse than fowls and many other animals which are produced in large broods, and which live chaste and celibate lives without sexual intercourse until they arrive at the age for breeding; and when they reach this age they pair off, as instinct moves them, male with female and female with male; and thereafter they live in a way that is holy and just, remaining constant to their first contracts of love: surely our citizens should at least be better than these animals. If, however, they become corrupted by most of the other Hellenes or barbarians, through seeing and hearing that among them the lawless Love (as it is called) is of very great power, and thus become unable to overcome it, then the Law-wardens, acting as lawgivers, must devise for them a second law.