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. The way I am describing is, I believe, that in which supervision of all things is most easy for the gods. For if one were to shape all things, without a constant view to the Whole, by transforming them (as, for instance, fire into water), instead of merely converting one into many or many into one, then when things had shared in a first, or second, or even third generation,[*](This seems to refer to three stages of the soul’s incarnation; see p. 367, n. 2.) they would be countless in number in such a system of transformations; but as things are, the task before the Supervisor of the All is wondrous easy.

Clin. How do you mean?

Ath. Thus:—Since our King saw that all actions involve soul, and contain much good and much evil, and that body and soul are, when generated, indestructible but not eternal,[*](Cp.Plat. Tim 37c ff.) as are the gods ordained by law (for if either soul or body had been destroyed, there would never have been generation of living creatures), and since He perceived that all soul that is good naturally tends always to benefit, but the bad to injure,—observing all this, He designed a location for each of the parts, wherein it might secure the victory of goodness in the Whole and the defeat of evil most completely, easily, and well. For this purpose He has designed the rule which prescribes what kind of character should be set to dwell in what kind of position and in what regions;[*](Cp.Plat. Tim 42b ff. where it is said that the soul of the good man returns at death to its native star, while that of the bad takes the form of a woman in its second, and that of a beast in its third incarnation.) but the causes of the generation of any special kind he left to the wills of each one of us men.[*](Cp. Plat. Rep. 617e.) For according to the trend of our desires and the nature of our souls, each one of us generally becomes of a corresponding character.

Clin. That is certainly probable.

Ath. All things that share in soul change, since they possess within themselves the cause of change, and in changing they move according to the law and order of destiny; the smaller the change of character, the less is the movement over surface in space, but when the change is great and towards great iniquity, then they move towards the deep and the so-called lower regions, regarding which—under the names of Hades and the like—men are haunted by most fearful imaginings, both when alive and when disparted from their bodies. And whenever the soul gets a specially large share of either virtue or vice, owing to the force of its own will and the influence of its intercourse growing strong, then, if it is in union with divine virtue, it becomes thereby eminently virtuous, and moves to an eminent region, being transported by a holy road to another and a better region; whereas, if the opposite is the case, it changes to the opposite the location of its life’s abode.

Ath.

  1. This is the just decree of the gods who inhabit Olympus,
Hom. Od. 19.43O thou child and stripling who thinkest thou art neglected by the gods,—the decree that as thou becomest worse, thou goest to the company of the worse souls, and as thou becomest better, to the better souls; and that, alike in life and in every shape of death, thou both doest and sufferest what it is befitting that like should do towards like.[*](Cp. Plat. Laws 728b., Plat. Laws 837a.) From this decree of Heaven neither wilt thou nor any other luckless wight ever boast that he has escaped; for this decree is one which the gods who have enjoined it have enjoined above all others, and meet it is that it should be most strictly observed. For by it thou wilt not ever be neglected, neither if thou shouldest dive, in thy very littleness, into the depths of the earth below, nor if thou shouldest soar up to the height of Heaven above; but thou shalt pay to the gods thy due penalty, whether thou remainest here on earth, or hast passed away to Hades, or art transported to a region yet more fearsome. And the same rule, let me tell thee, will apply also to those whom thou sawest growing to great estate from small after doing acts of impiety or other such evil,—concerning whom thou didst deem that they had risen from misery to happiness, and didst imagine, therefore, that in their actions, as in mirrors, thou didst behold the entire neglect of the gods, not knowing of their joint contribution and how it contributes to the All. And surely, O most courageous of men, thou canst not but suppose that this is a thing thou must needs learn. For if a man learns not this, he can never see even an outline of the truth, nor will he be able to contribute an account of life as regards its happiness or its unhappy fortune. If Clinias here and all our gathering of elders succeed in convincing thee of this fact, that thou knowest not what thou sayest about the gods, then God Himself of His grace will aid thee; but shouldest thou still be in need of further argument, give ear to us while we argue with the third unbeliever, if thou hast sense at all. For we have proved, as I would maintain, by fairly sufficient argument that the gods exist and care for men; the next contention, that the gods can be won over by wrongdoers,[*](Cp. Hom. Il. 9.497 ff., τοὺς θεοὺς . . . λοιβῇ τε κνίσῃ τε παρατρωπῶς’ ἄνθρωποι κτλ.) on the receipt of bribes, is one that no one should admit, and we must try to refute it by every means in our power.

Clin. Admirably spoken: let us do as you say.

Ath. Come now, in the name of these gods themselves I ask—in what way would they come to be seduced by us, if seduced they were? Being what in their essence and character? Necessarily they must be rulers, if they are to be in continual control of the whole heaven.

Clin. True.

Ath. But to which kind of rulers are they like? Or which are like to them, of those rulers whom we can fairly compare with them, as small with great? Would drivers of rival teams resemble them, or pilots of ships? Or perhaps they might be likened to rulers of armies; or possibly they might be compared to physicians watching over a war against bodily disease, or to farmers fearfully awaiting seasons of wonted difficulty for the generation of plants, or else to masters of flocks. For seeing that we have agreed[*](Cp. Plat. Laws 904a ff., Plat. Laws 896c ff., Plat. Rep. 379c.) among ourselves that the heaven is full of many things that are good, and of the opposite kind also, and that those not good are the more numerous, such a battle, we affirm, is undying, and needs a wondrous watchfulness,—the gods and daemons being our allies, and we the possession[*](Cp.Plat. Phaedo 62b.) of the gods and daemons; and what destroys us is iniquity and insolence combined with folly, what saves us, justice and temperance combined with wisdom, which dwell in the animate powers of the gods, and of which some small trace may be clearly seen here also residing in us. But there are certain souls that dwell on earth and have acquired unjust gain which, being plainly bestial, beseech the souls of the guardians—whether they be watch-dogs or herdsmen or the most exalted of masters—trying to convince them by fawning words and prayerful incantations that (as the tales of evil men relate) they can profiteer among men on earth without any severe penalty: but we assert that the sin now mentioned, of profiteering or over-gaining, is what is called in the case of fleshly bodies disease,[*](Cp.Plat. Rep. 609 ff, Plat. Sym. 188a ff., where the theory is stated that health depends upon the harmony, or equal balance, of the constituent elements of the body (heat and cold, moisture and dryness,); when any of these (opposite) elements is in excess (πλεονεκτεῖ), disease sets in. So, too, in the body politic, the excess of due measure by any element, or member, is injustice.) in that of seasons and years pestilence, and in that of States and polities, by a verbal change, this same sin is called injustice.

Clin. Certainly.

Ath. Such must necessarily be the account of the matter given by the man who says that the gods are always merciful to unjust men and those who act unjustly, provided that one gives them a share of one’s unjust gains; it is just as if wolves were to give small bits of their prey to watch-dogs, and they being mollified by the gifts were to allow them to go ravening among the flocks. Is not this the account given by the man who asserts that the gods are open to bribes?

Clin. It is.

Ath. To which of the guardians aforementioned might a man liken the gods without incurring ridicule? Is it to pilots, who, when warped themselves by wine’s

flow and flavor,
[*](Hom. Il. 9.500 (quoted above, p. 371, n. 1).) overturn both ships and sailors?

Clin. By no means.

Ath. And surely not to drivers ranged up for a race and seduced by a gift to lose it in favor of other teams?

Clin. If that was the account you gave of them, it would indeed be a horrible comparison.

Ath. Nor, surely, to generals or physicians or farmers or herdsmen; nor yet to dogs charmed by wolves?

Clin. Hush! That is quite impossible.

Ath. Are not all gods the greatest of all guardians, and over the greatest things?

Clin. Yes, by far.

Ath. Shall we say that those who watch over the fairest things, and who are themselves eminently good at keeping watch, are inferior to dogs and ordinary men, who would never betray justice for the sake of gifts impiously offered by unjust men?

Clin. By no means; it is an intolerable thing to say, and whoever embraces such an opinion would most justly be adjudged the worst and most impious of all the impious men who practice impiety in all its forms.

Ath. May we now say that we have fully proved our three propositions,—namely, that the gods exist, and that they are careful, and that they are wholly incapable of being seduced to transgress justice?

Clin. Certainly we may; and in these statements you have our support.

Ath. And truly they have been made in somewhat vehement terms, in our desire for victory over those wicked men; and our desire for victory was due to our fear lest haply, if they gained the mastery in argument, they should suppose they had gained the right to act as they chose—those men who wickedly hold all those false notions about the gods. On this account we have been zealous to speak with special honor; and if we have produced any good effect, however small, in the way of persuading the men to hate themselves and to feel some love for an opposite kind of character, then our prelude to the laws respecting impiety will not have been spoken amiss.

Clin. Well, there is hope; and if not, at any rate no fault will be found with the lawgiver in respect of the nature of the argument.

Ath. After the prelude it will be proper for us to have a statement of a kind suitable to serve as the laws’ interpreter, forewarning all the impious to quit their ways for those of piety. For those who disobey, this shall be the law concerning impiety:—If anyone commits impiety either by word or deed, he that meets with him shall defend the law by informing the magistrates, and the first magistrates who hear of it shall bring the man up before the court[*](Cp. Plat. Laws 767c, Plat. Laws 767d, Plat. Laws 855c.) appointed to decide such cases as the laws direct; and if any magistrate on hearing of the matter fail to do this, he himself shall be liable to a charge of impiety at the hands of him who wishes to punish him on behalf of the laws.

Ath. And if a man be convicted, the court shall assess one penalty for each separate act of impiety. Imprisonment shall be imposed in every case; and since there are three prisons in the State (namely, one public prison near the market for most cases, to secure the persons of the average criminals; a second, situated near the assembly-room of the officials who hold nightly assemblies,[*](Cp. Plat. Laws 909a, Plat. Laws 961a.) and named the reformatory; and a third, situated in the middle of the country, in the wildest and loneliest spot possible, and named after retribution[*](Cp. Plat. Laws 704b.)), and since men are involved in impiety from the three causes which we have described, and from each such cause two forms of impiety result—consequently those who sin in respect of religion fall into six classes which require to be distinguished, as needing penalties that are neither equal nor similar. For while those who, though they utterly disbelieve in the existence of the gods, possess by nature a just character, both hate the evil and, because of their dislike of injustice, are incapable of being induced to commit unjust actions, and flee from unjust men and love the just, on the other hand, those who, besides holding that the world is empty of gods, are afflicted by incontinence in respect of pleasures and pains, and possess also powerful memories and sharp wits—though both these classes share alike in the disease of atheism, yet in respect of the amount of ruin they bring on other people, the latter class would work more and the former less of evil. For whereas the one class will be quite frank in its language about the gods and about sacrifices and oaths, and by ridiculing other people will probably convert others to its views, unless it meets with punishment, the other class, while holding the same opinions as the former, yet being specially gifted by nature and being full of craft and guile, is the class out of which are manufactured many diviners and experts in all manner of jugglery; and from it, too, there spring sometimes tyrants and demagogues and generals, and those who plot by means of peculiar mystic rites of their own, and the devices of those who are called sophists. Of these there may be many kinds; but those which call for legislation are two, of which the ironic[*](i.e. hypocritical, hiding impiety under a cloak of religion.) kind commits sins that deserve not one death only or two, while the other kind requires both admonition and imprisonment.

Ath. Likewise also the belief that the gods are neglectful breeds two other kinds of impiety; and the belief in their being open to bribes, other two. These kinds being thus distinguished, those criminals who suffer from folly,[*](Cp. Plat. Laws 863b, Plat. Laws 863c.) being devoid of evil disposition and character, shall be placed by the judge according to law in the reformatory for a period of not less than five years, during which time no other of the citizens shall hold intercourse with them, save only those who take part in the nocturnal assembly,[*](Cp. Plat. Laws 908a.) and they shall company with them to minister to their souls’ salvation by admonition; and when the period of their incarceration has expired, if any of them seems to be reformed, he shall dwell with those who are reformed, but if not, and if he be convicted again on a like charge, he shall be punished by death. But as to all those who have become like ravening beasts, and who, besides holding that the gods are negligent or open to bribes, despise men, charming the souls of many of the living, and claiming that they charm the souls of the dead, and promising to persuade the gods by bewitching them, as it were, with sacrifices, prayers and incantations,[*](Cp. Plat. Laws 933a,, Plat. Rep. 364b ff.) and who try thus to wreck utterly not only individuals, but whole families and States for the sake of money,—if any of these men be pronounced guilty, the court shall order him to be imprisoned according to law in the mid-country jail, and shall order that no free man shall approach such criminals at any time, and that they shall receive from the servants a ration of food as fixed by the Law-wardens. And he that dies shall be cast outside the borders without burial; and if any free man assist in burying him, he shall be liable to a charge of impiety at the hands of anyone who chooses to prosecute. And if the dead man leaves children fit for citizenship, the guardians of orphans shall take them also under their charge from the day of their father’s conviction, just as much as any other orphans. For all these offenders one general law must be laid down, such as will cause the majority of them not only to offend less against the gods by word and deed, but also to become less foolish, through being forbidden to trade in religion illegally. To deal comprehensively with all such cases the following law shall be enacted:—No one shall possess a shrine in his own house: when any one is moved in spirit to do sacrifice, he shall go to the public places to sacrifice, and he shall hand over his oblations to the priests and priestesses to whom belongs the consecration thereof; and he himself, together with any associates he may choose, shall join in the prayers.

Ath. This procedure shall be observed for the following reasons—It is no easy task to found temples and gods, and to do this rightly needs much deliberation; yet it is customary for all women especially, and for sick folk everywhere, and those in peril or in distress (whatever the nature of the distress), and conversely for those who have had a slice of good fortune, to dedicate whatever happens to be at hand at the moment, and to vow sacrifices and promise the founding of shrines to gods and demi-gods and children of gods; and through terrors caused by waking visions or by dreams, and in like manner as they recall many visions and try to provide remedies for each of them, they are wont to found altars and shrines, and to fill with them every house and every village, and open places too, and every spot which was the scene of such experiences. For all these reasons their action should be governed by the law now stated; and a further reason is this—to prevent impious men from acting fraudulently in regard to these matters also, by setting up shrines and altars in private houses, thinking to propitiate the gods privily by sacrifices and vows, and thus increasing infinitely their own iniquity, whereby they make both themselves and those better men who allow them guilty in the eyes of the gods, so that the whole State reaps the consequences of their impiety in some degree—and deserves to reap them. The lawgiver himself, however, will not be blamed by the god; for this shall be the law laid down:—Shrines of the gods no one must possess in a private house; and if anyone is proved to possess and worship at any shrine other than the public shrines—be the possessor man or woman,—and if he is guilty of no serious act of impiety, he that notices the fact shall inform the Law-wardens, and they shall give orders for the private shrines to be removed to the public temples, and if the owner disobeys the order, they shall punish him until he removes them. And if anyone be proved to have committed an impious act, such as is not the venial offence of children, but the serious irreligion of grown men, whether by setting up a shrine on private ground, or on public ground, by doing sacrifice to any gods whatsoever, for sacrificing in a state of impurity he shall be punished with death. And the Law-wardens shall judge what is a childish or venial offence and what not, and then shall bring the offenders before the court, and shall impose upon them the due penalty for their impiety.