Laws

Ath. If any citizen in any craft engages in ungentlemanly peddling, whoso will shall indict him for shaming his family before a bench of those adjudged to be the first in virtue, and if it be held that he is sullying his paternal hearth by an unworthy calling, he shall be imprisoned for a year and so restrained therefrom; if he repeats the offence, he shall get two years’ imprisonment, and for each subsequent conviction the period of imprisonment shall go on being doubled. Now comes a second law:—Whosoever intends to engage in retail trade must be a resident alien or a foreigner. And thirdly, this third law:—In order that such an one may be as good as possible, or as little as possible bad, he being a resident in our State, the Law-wardens must bear in mind that they are guardians not only of those who, being well-trained both by birth and nurture, are easy to guard from lawless and evil ways, but also of those who are otherwise, and who follow pursuits which greatly to urge them on the road to vice; and these must regard the more. Accordingly, with respect to retail trading, which is a multifarious occupation, embracing many callings of a similar nature,—with respect (I mean) to so many branches as are allowed to exist, as being deemed absolutely necessary to the State, concerning these the procedure shall be the same as that previously described in the case of the kindred matter of adulteration:[*]( Cp. Plat. Laws 917e.) the Law-wardens must meet in consultation with experts in every branch of retail trade, and at their meetings they must consider what standard of profits and expenses produces a moderate for the trader, and the standard of profits and expenses thus arrived at they must prescribe in writing; and this they must insist on—the market-stewards, the city-stewards, and the rural stewards, each in their own sphere. So possibly, by this means, retail trade would be of benefit to all classes, and would do but little damage to those in the States who practise it. Touching agreements, whenever a man undertakes and fails to fulfil his agreement—unless it be such as is forbidden by the laws or by a decree, or one made under forcible and unjust compulsion, or when the man is involuntarily prevented from fulfilling it owing to some unforeseen accident,—in all other cases of unfulfilled agreements, actions may be brought before the tribal courts, if the parties are unable to come to a previous settlement before arbitrators or neighbors. Sacred to Hephaestus and Athena is the class of craftsmen who have furnished our life with the arts, and to Ares and Athena belong those who safeguard the products of these craftsmen by other defensive arts; rightly is this class also sacred to these deities. These all continually serve both the country and the people: the one class are leaders in the contests of war, the others produce for pay instruments and works;

Ath. and it would be unseemly for these men to lie concerning their crafts, because of their reverence for their ancestors. If any craftsman fail to execute his work within the time named, owing to baseness—he not revering the god who gives him his livelihood, but deeming him (in his blindness of mind) to be merciful because of his kinship,—he shall, in the first place, pay a penalty to the god, and, secondly, there shall be a law enacted to suit his case:—He shall owe the price of the works regarding which he has lied to the person who gave him the order, and within the stated time he shall execute them all over again gratis. And as it counselled the seller, so the law counsels the contractor who undertakes a work not to give in too high an estimate for it, but to estimate it simply at its real worth; this same charge the law gives, I say, to the contractor, for he as a craftsman certainly knows what its worth is. In States composed of gentlemen it is wrong for a craftsman to try by his art (which is essentially truthful and sincere) to impose artfully upon lay persons; and in such cases the wronged shall be entitled to prosecute the wrongdoer. If, on the other hand, a man who has given an order to a craftsman fails to pay him his wage duly according to the legal agreement, and sets at naught Zeus, the Patron of the State, and Athena, who are partners in the constitution,—thereby dissolving great partnerships through love of a little gain,—then, with the help of the gods, this law shall lend aid to the bonds that unite the State:—Whosoever has previously received the work ordered and fails to pay the price within the period agreed shall be bound to pay double the price; and if a year have elapsed, although all other monies on loan are barren,[*]( i.e. bear no interest. Cp. Plat. Laws c; Plat. Rep. a; Aristot. Pol. 1258b 5 ff.) this man shall pay as interest one obol on each drachma for every month[*]( As a drachma = 6 obols, the interest would amount to 200 p.c. per annum.) of arrears; and actions for these cases shall take place before the tribal courts. And now that we have made mention of craftsmen in general, it is right to allude in passing to those whose craft is military security, that is to say, military commanders and all experts in such matters. As to the former craftsmen, so to these men, as craftsmen of another sort,—whenever any of them, either voluntarily or under orders, undertakes any public work and executes it well,—whosoever shall duly pay to these men those honors which are the soldier’s wages, him the law will never weary of lauding;

Ath. but if he has previously received some noble work of a military kind and fails to pay for it, the law will blame him. So, touching this matter, let there be laid down this law, coupled with laudation,—a law which counsels rather than compels the mass of citizens to honor as second in merit those brave men who, either by bold deeds or by military devices, are protectors of the State; for first in merit come those on whom the greatest reward must be bestowed—namely, those who have proved themselves able pre-eminently to honor the written code of the good lawgivers.[*]( Cp. Plat. Laws 919d, Plat. Laws 919e.) We have now made regulations for most of the more important business dealings between man and man, excepting those regarding orphans and the care of orphans by their guardians; so, after those now dealt with, these matters must necessarily receive some kind of regulation. All these have their starting-points either in the desire of those at the point of death to devise their property, or in the accidental cases of those who die without making a testament; and it was in view of the complex and difficult nature of these cases, Clinias, that I made use of the word necessarily. And it is, indeed, impossible to leave them without regulation; for individuals might set down many wishes both at variance with one another and contrary to the laws as well as to the dispositions of the living, and also to their own former dispositions in the days before they proposed making a will, if any will that a man makes were to be granted absolute and unconditional validity, no matter what his state of mind at the end of his life. For most of us are more or less in a dull and enfeebled state of mind, when we imagine that we are nearly at the point of death.

Clin. What do you mean by this, Stranger?

Ath. A man at the point of death, Clinias, is a difficult subject, and overflowing with speech that is most alarming and vexatious to a lawgiver.

Clin. How so?

Ath. Since he claims to be lord of all he has, he is wont to speak angrily.

Clin. What will he say?

Ath.Good heavens! he cries, what a monstrous shame it is, if I am not to be allowed at all to give, or not give, my own things to whomsoever I will—and more to one, less to another, according as they have proved themselves good to me or bad, when fully tested in times of sickness, or else in old age and in other happenings of every kind.

Clin. And do you not think, Stranger, that what they say is right?

Ath. What I think, Clinias, is this—that the old lawgivers were cowardly, and gave laws with a short view and a slight consideration of human affairs.

Clin. How do you mean?

Ath. It was through fear, my dear sir, of that angry speech that they made the law allowing a man unconditionally to dispose by will of his goods exactly how he pleases. But you and I will make a more suitable answer to those in your State who are at the point of death.

Clin. In what way?

Ath. O friends, we will say, for you, who are literally but creatures of a day, it is hard at present to know your own possessions and, as the Pythian oracle declares,[*]( Alluding to the dictum Know thyself; cp. Plat. Prot. 343b ff) your own selves, to boot. So I, as lawgiver, make this ruling—that both yourself and this your property are not your own, but belong to the whole of your race, both past and future, and that still more truly does all your race and its property belong to the State; and this being so, I will not willingly consent if anyone persuades you to make a will contrary to what is best, by fawning on you and helping you when afflicted by disease or age; rather will I legislate with a general view to what is best for your whole race and State, justly accounting of minor importance the interest of the individual. May it be that you will feel kindly disposed and at peace with us as you journey towards that bourne whither, by the natural law of our human life, you now are traveling: the rest of your affairs shall be our care, and we will watch over them all, without exception, to the best of our power. This shall serve, Clinias, alike for consolation and for prelude for both the living and the dying, and the law shall run as follows:— Whosoever writes a will disposing of his property, if he be the father of children, he shall first write down the name of whichever of his sons he deems worthy to be his heir, and if he offers any one of his other children to another man to be adopted by him, this also he shall write down; and if he has any son besides that is not adopted for any lot,[*]( i.e. one of the 5040 allotments, cp. Plat. Laws 737c.) of whom he has hopes that he will be sent out by law to a colony, to him the father shall be allowed to give so much of his other property as he wishes, saving only the ancestral lot and all the equipment of that lot; and if there be several more sons, the father shall divide among them the surplus, over and above the lot, in whatever way he chooses. And if a son already possesses a house, he shall not assign him goods, and so likewise in the case of a daughter, if she is betrothed to a husband, he shall not assign goods, but if not so betrothed, he shall assign. And if, after the will is made, it is discovered that one of the sons or daughters owns a lot in the district, then that person shall resign his legacy in favor of the heir of him that made the will. If the testator leave no male children, but females, he shall bequeath to whichever daughter he chooses a husband, and to himself a son, and write him down as his heir;[*]( i.e. he shall select a citizen to become his heir by marrying one of his daughters.)

Ath. and if a man has a son, whether his own or adopted, who dies in childhood before reaching man’s estate, in this case also, when making his will, he shall state in writing who is to be his son’s successor, and with happier luck. If any testator be wholly childless, he shall take out a tenth part of his surplus property and shall give it to any person, if he so chooses; but all the rest he shall hand over to his adopted heir, and him he shall make his son with mutual good-will and the blessing of the law. When a man’s children need guardians, if he die after making a will and naming what persons and how many he desires to act as guardians to his children, and if they are willing and consent act, then the choice of guardians in this document shall be final; but if a man dies either wholly intestate or having omitted from his will the choice of guardians, then the nearest of kin on both the father’s and the mother’s side, two from each side, together with one of the friends of the deceased, shall act as official guardians, and these the Law-wardens shall appoint in the case of each orphan that requires them. All that appertains to guardianship and the orphans shall be supervised by fifteen of the Law-wardens, who shall be the eldest of the whole body, and shall divide themselves into threes according to seniority, three acting one year and another three a second year, until five yearly periods have passed in rotation; and this process shall go on, so far as possible, without a break. And if any man die wholly intestate, leaving children that require guardianship, his unfriended children shall share in these same laws. And if a man meets with some unforeseen mischance and leaves daughters, he shall pardon the lawgiver if he regulates the betrothal of the daughters with an eye to two points out of three—namely, nearness of kinship and the security of the lot—and omits the third point, which a father would take into consideration,—namely, the selecting out of all the citizens of a person suited by character and conduct to be a son to himself and a spouse for daughter,—if, I say, the lawgiver passes this over owing to the impossibility of taking it into consideration. Accordingly, the law that we shall enact, as the best in our power touching such matters, will be this:—If a man dies intestate and leaves daughters, that brother who is born of the same father or of the same mother and who is without a lot shall take the daughter[*]( i.e. in marriage: the lot is to pass on always to the next of kin, cf. Plat. Laws 925d, Plat. Laws 925e.) and the lot of the deceased; failing a brother, if there be a brother’s son, the procedure shall be the same, provided that the parties be of an age suited the one to the other; failing one of these, the same rule shall hold for a sister’s son; then, fourthly, for a father’s brother; and, fifthly, for his son; and, sixthly, for the son of a father’s sister.

Ath. In like manner, if a man leaves female children, the right of kinship shall proceed always by degrees of consanguinity, going up through brothers and brother’s children, first the males, and secondly the females in one line. The suitability or otherwise of the time of marriage the judge shall decide by inspection, viewing the males naked and the females naked down to the navel. And if there be in the family a lack of kinsmen as far as brother’s grandchildren, and likewise as far as grandfather’s children, whomsoever of the other citizens the girl, aided by her guardians, shall choose, that man (if both he and the girl are willing) shall become the heir of the deceased and the spouse of his daughter. But obstacles often occur, and there might be times when there was an unusual dearth of such men in the city itself: so if any girl, being at a loss to find a spouse on the spot, sees one that has emigrated to a colony and desires that he should become heir to her father’s property, if so be that he is related, he shall proceed to the lot, according to the ordinance of the law; but if he be outside the kin, and there be no one of near kin in the State, then by the choice of the guardians and of the daughter of the deceased he shall be entitled to marry and to take the lot of the intestate man on his return home. Whosoever dies intestate, being without any issue, male or female, in his case all other matters shall be governed by the previous law; and a man and woman from the family shall in each such instance go into the deserted house as joint assignees, and their claim to the lot shall be made valid; and the female claims to inheritance shall come in this order—first, a sister; second, a brother’s daughter; third, a sister’s daughter; fourth, a father’s sister; fifth, a father’s brother’s daughter; sixth, a father’s sister’s daughter; and these shall share the home with the male kinsmen according to the degree of relationship and right, as we previously enacted. Now we must not fail to notice how burdensome such a law may prove, in that sometimes it harshly orders the next of kin to the deceased to marry his kinswoman, and that it appears to overlook the thousands of impediments which in human life prevent men from being willing to obey such orders and cause them to prefer any other alternative, however painful, in cases where either of the parties ordered to marry is suffering from diseases or defects of mind or body. Some might suppose that the lawgiver is paying no heed to these considerations, but they would be wrong.

Ath. On behalf, therefore, of the lawgiver as well as of him to whom the law applies let a kind of general prelude be uttered, requesting those to the order is given to pardon the lawgiver because it is impossible for him, in his care for the public interests, to control also the private misfortunes which befall individuals, and requesting pardon also for the subjects of the law, inasmuch as they are naturally unable at times to carry out ordinances of the lawgiver laid down by him in ignorance.

Clin. As regards this, Stranger, what would be the most rational course of action to adopt?

Ath. It is necessary, Clinias, that for laws of this kind, and those whom they affect, arbitrators should be chosen.

Clin. How do you mean?

Ath. It might happen that a nephew, who has a rich father, would be loth to take to wife his uncle’s daughter, giving himself airs and being minded to make a grander match. Or again, when what the lawgiver enjoins would be a fearful calamity, a man might be compelled to disobey the law—for instance, when the law would force him to enter into an alliance with madness or some other dire affliction of body or soul, such as makes life intolerable for the person so allied. This statement of ours shall now be laid down as a law in the following terms:—If any man have a complaint against the ordained laws concerning testaments in respect of any detail, and especially of those relating to marriage; and if he affirms on oath that of a truth the lawgiver himself, were he alive and present, would never have compelled the parties to act as they are now being compelled to act in respect of marrying and giving in marriage; and if, on the other hand, some relative or guardian supports the compulsion of the law; what we declare is that the lawgiver has left us the fifteen Law-wardens to act for the orphans, male and female, as both arbitrators and parents, and to these all who dispute about any such matters shall go for judgment, and their verdict shall be carried out as final. If, however, anyone maintains that this is to confer too much power on the Law-wardens, he shall summon his opponents before the court of select judges[*]( Cp. Plat. Laws 775d., Plat. Laws 855c.) and secure a decision regarding the points in dispute. On him that is defeated there shall be imposed by the lawgiver censure and disgrace,—a penalty heavier than a large fine in the eyes of a man of right mind. Accordingly, orphan children will undergo a kind of second birth.[*]( i.e. be born again as children of the State, with the Law-wardens as their new official parents, as explained below.) How in each case they should be reared and trained after their first birth we have already described;[*]( In Books II. and VII.) and now we must contrive some means whereby, after their second birth in which they are destitute of parents, their orphan condition may be as free as possible from piteous misery for those who have become orphans. In the first place, to act in the room of their begetters, as parents of no inferior kind, we must legally appoint the Law-wardens; and we charge three of these, year by year[*]( Cp. Plat. Laws 924c.), to care for the orphans as their own, having already given both to these men and to the guardians a suitable prelude of directions concerning the nurture of orphans.