Laws

Plato

Plato in Twelve Volumes, Vol. 10-11 translated by R. G. Bury. Cambridge, MA, Harvard University Press; London, William Heinemann Ltd. 1926.

Ath. Next after cases of outrage we shall state for cases of violence one universally inclusive principle of law, to this effect:—No one shall carry or drive off anything which belongs to others, nor shall he use any of his neighbor’s goods unless he has gained the consent of the owner; for from such action proceed all the evils above mentioned—past, present and to come. Of the rest, the most grave are the licentious and outrageous acts of the young; and outrages offend most gravely when they are directed against sacred things, and they are especially grave when they are directed against objects which are public as well as holy, or partially public, as being shared in by the members of a tribe or other similar community.

Ath. Second, and second in point of gravity, come offences against sacred objects and tombs that are private; and third, offences against parents, when a person commits the outrage otherwise than in the cases already described.[*](Cp. Plat. Laws 868c ff., Plat. Laws 877b ff., Plat. Laws 930e ff.) A fourth[*](Cp. Plat. Laws 941d, Plat. Laws 941e.) kind of outrage is when a man, in defiance of the magistrates, drives or carries off or uses any of their things without their own consent; and a fifth kind will be an outrage against the civic right of an individual private citizen which calls for judicial vindication. To all these severally one all-embracing law must be assigned. As to temple-robbing, whether done by open violence or secretly, it has been already stated summarily what the punishment should be; and in respect of all the outrages, whether of word or deed, which a man commits, either by tongue or hand, against the gods, we must state the punishment he should suffer, after we have first delivered the admonition. It shall be as follows:—No one who believes, as the laws prescribe, in the existence of the gods has ever yet done an impious deed voluntarily, or uttered a lawless word: he that acts so is in one or other of these three conditions of mind—either he does not believe in what I have said; or, secondly, he believes that the gods exist, but have no care for men; or, thirdly, he believes that they are easy to win over when bribed by offerings and prayers.[*](Cf.Plat. Rep. 364b ff.)

Clin. What, then, shall we do or say to such people?

Ath. Let us listen first, my good sir, to what they, as I imagine, say mockingly, in their contempt for us.

Clin. What is it?

Ath. In derision they would probably say this: O Strangers of Athens, Lacedaemon and Crete, what you say is true. Some of us do not believe in gods at all; others of us believe in gods of the kinds you mention. So we claim now, as you claimed in the matter of laws, that before threatening us harshly, you should first try to convince and teach us, by producing adequate proofs, that gods exist, and that they are too good to be wheedled by gifts and turned aside from justice. For as it is, this and such as this is the account of them we hear from those who are reputed the best of poets, orators, seers, priests, and thousands upon thousands of others; and consequently most of us, instead of seeking to avoid wrong-doing, do the wrong and then try to make it good. Now from lawgivers like you, who assert that you are gentle rather than severe, we claim that you should deal with us first by way of persuasion; and if what you say about the existence of the gods is superior to the arguments of others in point of truth, even though it be but little superior in eloquence, then probably you would succeed in convincing us. Try then, if you think this reasonable, to meet our challenge.

Clin. Surely it seems easy, Stranger, to assert with truth that gods exist?

Ath. How so?

Clin. First, there is the evidence of the earth, the sun, the stars, and all the universe, and the beautiful ordering of the seasons, marked out by years and months; and then there is the further fact that all Greeks and barbarians believe in the existence of gods.

Ath. My dear sir, these bad men cause me alarm—for I will never call it awe—lest haply they scoff at us. For the cause of the corruption in their case is one you are not aware of; since you imagine that it is solely by their incontinence in regard to pleasures and desires that their souls are impelled to that impious life of theirs.

Clin. What other cause can there be, Stranger, besides this?

Ath. One which you, who live elsewhere, could hardly have any knowledge of or notice at all.

Clin. What is this cause you are now speaking of?

Ath. A very grievous unwisdom which is reputed to be the height of wisdom.

Clin. What do you mean?

Ath. We at Athens have accounts[*](By Hesiod, Pherecydes, etc.) preserved in writing (though, I am told, such do not exist in your country, owing to the excellence of your polity), some of them being in a kind of meter, others without meter, telling about the gods: the oldest of these accounts relate how the first substance of Heaven and all else came into being, and shortly after the beginning they go on to give a detailed theogony, and to tell how, after they were born, the gods associated with one another. These accounts, whether good or bad for the hearers in other respects, it is hard for us to censure because of their antiquity; but as regards the tendance and respect due to parents, I certainly would never praise them or say that they are either helpful or wholly true accounts. Such ancient accounts, however, we may pass over and dismiss: let them be told in the way best pleasing to the gods. It is rather the novel views of our modern scientists[*](Materialists such as Democritus.) that we must hold responsible as the cause of mischief. For the result of the arguments of such people is this,—that when you and I try to prove the existence of the gods by pointing to these very objects—sun, moon, stars, and earth—as instances of deity and divinity, people who have been converted by these scientists will assert that these things are simply earth and stone, incapable of paying any heed to human affairs, and that these beliefs of ours are speciously tricked out with arguments to make them plausible.

Clin. The assertion you mention, Stranger, is indeed a dangerous one, even if it stood alone; but now that such assertions are legion, the danger is still greater.

Ath. What then? What shall we say? What must we do? Are we to make our defence as it were before a court of impious men, where someone had accused us of doing something dreadful by assuming in our legislation the existence of gods? Or shall we rather dismiss the whole subject and revert again to our laws, lest our prelude prove actually more lengthy than the laws? For indeed our discourse would be extended in no small degree if we were to furnish those men who desire to be impious with an adequate demonstration by means of argument concerning those subjects which ought, as they claimed, to be discussed, and so to convert them to fear of the gods, and then finally, when we had caused them to shrink from irreligion, to proceed to enact the appropriate laws.

Clin. Still, Stranger, we have frequently (considering the shortness of the time) made[*](Cp. Plat. Laws 701c, Plat. Laws 701d; Plat. Laws 858a ff.: all this discussion is supposed to have taken place on one and the same day,—hence the ref. to shortness of time.) the very statement,—that we have no need on the present occasion to prefer brevity of speech to lengthiness (for, as the saying goes, no one is chasing on our heels); and to show ourselves choosing the briefest in preference to the best would be mean and ridiculous. And it is of the highest importance that our arguments, showing that the gods exist and that they are good and honor justice more than do men, should by all means possess some degree of persuasiveness; for such a prelude is the best we could have in defence, as one may say, of all our laws. So without any repugnance or undue haste, and with all the capacity we have for endowing such arguments with persuasiveness, let us expound them as fully as we can, and without any reservation.

Ath. This speech of yours seems to me to call for a prefatory prayer, seeing that you are so eager and ready; nor is it possible any longer to defer our statement. Come, then; how is one to argue on behalf of the existence of the gods without passion? For we needs must be vexed and indignant with the men who have been, and now are, responsible for laying on us this burden of argument, through their disbelief in those stories which they used to hear, while infants and sucklings, from the lips of their nurses and mothers—stories chanted to them, as it were, in lullabies, whether in jest or in earnest; and the same stories they heard repeated also in prayers at sacrifices, and they saw spectacles which illustrated them, of the kind which the young delight to see and hear when performed at sacrifices; and their own parents they saw showing the utmost zeal on behalf of themselves and their children in addressing the gods in prayers and supplications, as though they most certainly existed; and at the rising and setting of the sun and moon they heard and saw the prostrations and devotions of all the Greeks and barbarians, under all conditions of adversity and prosperity, directed to these luminaries, not as though they were not gods, but as though they most certainly were gods beyond the shadow of a doubt—

Ath. all this evidence is contemned by these people, and that for no sufficient reason, as everyone endowed with a grain of sense would affirm; and so they are now forcing us to enter on our present argument. How, I ask, can one possibly use mild terms in admonishing such men, and at the same time teach them, to begin with, that the gods do exist? Yet one must bravely attempt the task; for it would never do for both parties to be enraged at once,—the one owing to greed for pleasure, the other with indignation at men like them. So let our prefatory address to the men thus corrupted in mind be dispassionate in tone, and, quenching our passion, let us speak mildly, as though we were conversing with one particular person of the kind described, in the following terms: My child, you are still young, and time as it advances will cause you to reverse many of the opinions you now hold: so wait till then before pronouncing judgment on matters of most grave importance; and of these the gravest of all—though at present you regard it as naught—is the question of holding a right view about the gods and so living well, or the opposite. Now in the first place, I should be saying what is irrefutably true if I pointed out to you this signal fact, that neither you by yourself nor yet your friends are the first and foremost to adopt this opinion about the gods; rather is it true that people who suffer from this disease are always springing up, in greater or less numbers. But I, who have met with many of these people, would declare this to you, that not a single man who from his youth has adopted this opinion, that the gods have no existence, has ever yet continued till old age constant in the same view; but the other two false notions about the gods do remain—not, indeed, with many, but still with some,—the notion, namely, that the gods exist, but pay no heed to human affairs, and the other notion that they do pay heed, but are easily won over by prayers and offerings. For a doctrine about them that is to prove the truest you can possibly form you will, if you take my advice, wait, considering the while whether the truth stands thus or otherwise, and making enquiries not only from all other men, but especially from the lawgiver; and in the meantime do not dare to be guilty of any impiety in respect of the gods. For it must be the endeavor of him who is legislating for you both now and hereafter to instruct you in the truth of these matters.

Clin. Our statement thus far, Stranger, is most excellent.

Ath. Very true, O Megillus and Clinias; but we have plunged unawares into a wondrous argument.

Clin. What is it you mean?

Ath. That which most people account to be the most scientific of all arguments.

Clin. Explain more clearly.

Ath. It is stated by some that all things which are coming into existence, or have or will come into existence, do so partly by nature, partly by art, and partly owing to chance.

Clin. Is it not a right statement?

Ath. It is likely, to be sure, that what men of science say is true. Anyhow, let us follow them up, and consider what it is that the people in their camp really intend.

Clin. By all means let us do so.

Ath. It is evident, they assert, that the greatest and most beautiful things are the work of nature and of chance, and the lesser things that of art,—for art receives from nature the great and primary products as existing, and itself molds and shapes all the smaller ones, which we commonly call artificial.

Clin. How do you mean?

Ath. I will explain it more clearly. Fire and water and earth and air, they say, all exist by nature and chance, and none of them by art; and by means of these, which are wholly inanimate, the bodies which come next—those, namely, of the earth, sun, moon and stars—have been brought into existence. It is by chance all these elements move, by the interplay of their respective forces, and according as they meet together and combine fittingly,—hot with cold, dry with moist, soft with hard, and all such necessary mixtures as result from the chance combination of these opposites,—in this way and by those means they have brought into being the whole Heaven and all that is in the Heaven, and all animals, too, and plants—after that all the seasons had arisen from these elements; and all this, as they assert, not owing to reason, nor to any god or art, but owing, as we have said, to nature and chance.[*](This is a summary of the doctrines of the Atomists (Leucippus and Democritus) who denied the creative agency of Reason. Similar views were taught, later, by Epicurus and Lucretius.) As a later product of these, art comes later; and it, being mortal itself and of mortal birth, begets later playthings which share but little in truth, being images of a sort akin to the arts themselves—images such as painting begets, and music, and the arts which accompany these. Those arts which really produce something serious are such as share their effect with nature,—like medicine, agriculture, and gymnastic. Politics too, as they say, shares to a small extent in nature, but mostly in art; and in like manner all legislation which is based on untrue assumptions is due, not to nature, but to art.

Clin. What do you mean?

Ath. The first statement, my dear sir, which these people make about the gods is that they exist by art and not by nature,—by certain legal conventions[*](A view ascribed to Critias.) which differ from place to place, according as each tribe agreed when forming their laws. They assert, moreover, that there is one class of things beautiful by nature, and another class beautiful by convention[*](Cp. Aristot. Nic. Eth. 1094 b 14 ff.); while as to things just, they do not exist at all by nature, but men are constantly in dispute about them and continually altering them, and whatever alteration they make at any time is at that time authoritative, though it owes its existence to art and the laws, and not in any way to nature. All these, my friends, are views which young people imbibe from men of science, both prose-writers and poets, who maintain that the height of justice is to succeed by force; whence it comes that the young people are afflicted with a plague of impiety, as though the gods were not such as the law commands us to conceive them; and, because of this, factions also arise, when these teachers attract them towards the life that is right according to nature, which consists in being master over the rest in reality, instead of being a slave to others according to legal convention.[*](This antithesis between Nature (φύσις) and Convention (νόμος) was a familiar one in ethical and political discussion from the time of the Sophists. The supremacy of Nature, as an ethical principle, was maintained (it is said) by Hippias and Prodicus; that of Convention, by Protagoras and Gorgias: Plato goes behind both to the higher principle of Reason (νοῦς), cp. Introduction. p. xiv.)

Clin. What a horrible statement you have described, Stranger! And what widespread corruption of the young in private families as well as publicly in the States!

Ath. That is indeed true, Clinias. What, then, do you think the lawgiver ought to do, seeing that these people have been armed in this way for a long time past? Should he merely stand up in the city and threaten all the people that unless they affirm that the gods exist and conceive them in their minds to be such as the law maintains[*](Cp. Plat. Laws 634d, Plat. Laws 634e; Plat. Laws 859b, al.) and so likewise with regard to the beautiful and the just and all the greatest things, as many as relate to virtue and vice, that they must regard and perform these in the way prescribed by the lawgiver in his writings; and that whosoever fails to show himself obedient to the laws must either be put to death or else be punished, in one case by stripes and imprisonment, in another by degradation, in others by poverty and exile? But as to persuasion, should the lawgiver, while enacting the people’s laws, refuse to blend any persuasion with his statements, and thus tame them so far as possible?

Clin. Certainly not, Stranger; on the contrary, if persuasion can be applied in such matters in even the smallest degree, no lawgiver who is of the slightest account must ever grow weary, but must (as they say) leave no stone unturned[*](Literally, utter every voice (leave nothing unsaid).) to reinforce the ancient saying that gods exist, and all else that you recounted just now; and law itself he must also defend and art, as things which exist by nature or by a cause not inferior to nature, since according to right reason they are the offspring of mind, even as you are now, as I think, asserting; and I agree with you.

Ath. What now, my most ardent Clinias? Are not statements thus made to the masses difficult for us to keep up with in argument, and do they not also involve us in arguments portentously long?

Clin. Well now, Stranger, if we had patience with ourselves when we discoursed at such length on the subjects of drinking and music,[*](In Books I and II.) shall we not exercise patience in dealing with the gods and similar subjects? Moreover, such a discourse is of the greatest help for intelligent legislation, since legal ordinances when put in writing remain wholly unchanged, as though ready to submit to examination for all time, so that one need have no fear even if they are hard to listen to at first, seeing that even the veriest dullard can come back frequently to examine them, nor yet if they are lengthy, provided that they are beneficial. Consequently, in my opinion, it could not possibly be either reasonable or pious for any man to refrain from lending his aid to such arguments to the best of his power.[*](Cp. Plat. Laws 811d.)

Meg. What Clinias says, Stranger, is, I think, most excellent.

Ath. Most certainly it is, Megillus; and we must do as he says. For if the assertions mentioned had not been sown broadcast well-nigh over the whole world of men, there would have been no need of counter-arguments to defend the existence of the gods; but as it is, they are necessary. For when the greatest laws are being destroyed by wicked men, who is more bound to come to their rescue than the lawgiver?

Meg. No one.

Ath. Come now, Clinias, do you also answer me again, for you too must take a hand in the argument: it appears that the person who makes these statements holds fire, water, earth and air to be the first of all things, and that it is precisely to these things that he gives the name of nature, while soul he asserts to be a later product therefrom. Probably, indeed, he does not merely appear to do this, but actually makes it clear to us in his account.

Clin. Certainly.

Ath. Can it be then, in Heaven’s name, that now we have discovered, as it were, a very fountain-head of irrational opinion in all the men who have ever yet handled physical investigations? Consider, and examine each statement. For it is a matter of no small importance if it can be shown that those who handle impious arguments, and lead others after them, employ their arguments not only ill, but erroneously. And this seems to me to be the state of affairs.

Clin. Well said; but try to explain wherein the error lies.

Ath. We shall probably have to handle rather an unusual argument.

Clin. We must not shrink, Stranger. You think, I perceive, that we shall be traversing alien ground, outside legislation, if we handle such arguments. But if there is no other way in which it is possible for us to speak in concert with the truth, as now legally declared, except this way, then in this way, my good sir, we must speak.

Ath. It appears, then, that I may at once proceed with an argument that is somewhat unusual; it is this. That which is the first cause of becoming and perishing in all things, this is declared by the arguments which have produced the soul of the impious to be not first, but generated later, and that which is the later to be the earlier; and because of this they have fallen into error regarding the real nature of divine existence.

Clin. I do not yet understand.

Ath. As regards the soul, my comrade, nearly all men appear to be ignorant of its real nature and its potency, and ignorant not only of other facts about it, but of its origin especially,—how that it is one of the first existences, and prior to all bodies, and that it more than anything else is what governs all the changes and modifications of bodies. And if this is really the state of the case, must not things which are akin to soul be necessarily prior in origin to things which belong to body, seeing that soul is older than body?[*](Cp.Plat. Tim. 34d ff.)

Clin. Necessarily.

Ath. Then opinion and reflection and thought and art and law will be prior to things hard and soft and heavy and light; and further, the works and actions that are great and primary will be those of art, while those that are natural, and nature itself which they wrongly call by this name—will be secondary, and will derive their origin from art and reason.

Clin. How are they wrong?

Ath. By nature they intend to indicate production of things primary; but if soul shall be shown to have been produced first (not fire or air), but soul first and foremost,—it would most truly be described as a superlatively natural existence. Such is the state of the case, provided that one can prove that soul is older than body, but not otherwise.

Clin. Most true.

Ath. Shall we then, in the next place, address ourselves to the task of proving this?

Clin. Certainly.

Ath. Let us guard against a wholly deceitful argument, lest haply it seduce us who are old with its specious youthfulness, and then elude us and make us a laughing-stock, and so we get the reputation of missing even little things while aiming at big things. Consider then. Suppose that we three had to cross a river that was in violent flood, and that I, being the youngest of the party and having often had experience of currents, were to suggest that the proper course is for me to make an attempt first by myself—leaving you two in safety—to see whether it is possible for you older men also to cross, or how the matter stands, and then, if the river proved to be clearly fordable, I were to call you, and, by my experience, help you across, while if it proved impassable for such as you, in that case the risk should be wholly mine,—such a suggestion on my part would have sounded reasonable. So too in the present instance; the argument now in front of us is too violent, and probably impassable, for such strength as you possess;

Ath. so, lest it make you faint and dizzy as it rushes past and poses you with questions you are unused to answering,[*](Cp. Plat. Laws 886b.) and thus causes an unpleasing lack of shapeliness and seemliness, I think that I ought now to act in the way described—question myself first, while you remain listening in safety, and then return answer to myself, and in this way proceed through the whole argument until it has discussed in full the subject of soul, and demonstrated that soul is prior to body.[*](Cp. Plat. Laws 896b, Plat. Laws 896c.)

Clin. Your suggestion, Stranger, we think excellent; so do as you suggest.

Ath. Come then,—if ever we ought to invoke God’s aid, now is the time it ought to be done. Let the gods be invoked with all zeal to aid in the demonstration of their own existence. And let us hold fast, so to speak, to a safe cable as we embark on the present discussion. And it is safest, as it seems to me, to adopt the following method of reply when questions such as this are put on these subjects; for instance, when a man asks me—Do all things stand still, Stranger, and nothing move? Or is the exact opposite the truth? Or do some things move and some remain at rest? My answer will be, Some things move, others remain at rest.[*](Cp.Plat. Soph. 255 ff.; Timaeus 57 ff.) Then do not the standing things stand, and the moving things move, in a certain place? Of course. And some will do this in one location, and others in several. You mean, we will say, that those which have the quality of being at rest at the center move in one location, as when the circumference of circles that are said to stand still revolves? Yes. And we perceive that motion of this kind, which simultaneously turns in this revolution both the largest circle and the smallest, distributes itself to small and great proportionally, altering in proportion its own quantity; whereby it functions as the source of all such marvels as result from its supplying great and small circles simultaneously with harmonizing rates of slow and fast speeds—a condition of things that one might suppose to be impossible. Quite true. And by things moving in several places you seem to me to mean all things that move by locomotion, continually passing from one spot to another, and sometimes resting on one axis[*](i.e. with a forward gliding motion, as opposed to rolling forward (like a car wheel).) and sometimes, by revolving, on several axes. And whenever one such object meets another, if the other is at rest, the moving object is split up; but if they collide with others moving to meet them from an opposite direction, they form a combination which is midway between the two. Yes, I affirm that these things are so, just as you describe.