Laws

Ath. Their conference and discourse shall deal always with the subject of laws and of their own State, and with anything important they may have learnt elsewhere which bears on this subject, or any branches of knowledge which are thought likely to assist in their enquiry, in that the learning of them helps towards a clearer view of legal matters, whereas ignorance of them conduces to a view that is dim and blurred. Whatsoever of these matters are approved by the elder members the younger shall learn with all diligence; and should any of the young men invited to attend be deemed unworthy, the person who has invited him shall be censured by the whole synod, but such of them as are held in good repute shall be watched over by the rest of the citizens, who shall regard and observe them with special care, honoring them when they do right, but dishonoring them more than other men if they turn out worse than most. To this synod he that has inspected the legal institutions of other peoples shall repair immediately after his return home; and if he has discovered any persons able to declare any oracle regarding legislation or education or nurture, or if he has brought back any personal observations of his own, he shall communicate them to the whole synod; and if it appear that he has come back in no respect worse (nor yet any better) than when he went, still because of his extreme zeal he shall be commended; while if it appear that he has come back much better, he shall be much more highly commended during his life, and when dead, due honors shall be paid to him by the synod’s authority. But if, on the other hand, such an inspector appear to be corrupted on his return, in spite of his pretensions to wisdom, he shall be forbidden to associate with anyone, young or old; wherein if he obeys the magistrates, he shall live as a private person, but if not, he shall be put to death—if, that is to say, he be convicted in a court of law of being a meddler in respect of education and the laws. And if, when such an one deserves to be summoned before a court, none of the magistrates summons him, the magistrates shall be censured at the adjudication of awards of merit. Such, then, shall be the character and the procedure of him that travels abroad. Next to him we must deal in friendly wise with the visitor from abroad. There are four types of stranger which call for mention. The first and inevitable immigrant is the one who chooses summer,[*](Cp. Plat. Laws 915d.) as a rule, for his annual visits, in the fashion of migratory birds— and, like birds, the most of these cross the sea, just as if they had wings, for the sake of making gain by their trading, and fly over to foreign cities during the summer season;

Ath. this stranger must be received, when he comes to the city, at the markets, harbors, and public buildings outside the city, by the officials in charge thereof; and they shall have a care lest any such strangers introduce any innovation, and they shall duly dispense justice to them, and shall hold such intercourse as is necessary with them, but to the least extent possible. The second type of stranger is he who is an inspector, in the literal sense, with his eyes, and with his ears also of all that appertains to musical exhibitions: for all such there must be lodgings provided at the temples, to afford them friendly accommodation, and the priests and temple-keepers must show them care and attention, until they have sojourned for a reasonable length of time and have seen and heard all that they intended; after which, if no harm has been done or suffered by them, they shall be dismissed. And for these the priests shall act as judges, in case anyone injures one of them or one of them injures anyone else, if the claim does not exceed fifty drachmae; but if any greater claim is made, the trial for such strangers must take place before the market-stewards. The third type which requires a public reception is he who comes from another country on some public business: he must be received by none but the generals, hipparchs and taxiarchs, and the care of a stranger of this kind must be entirely in the hands of the official with whom he lodges, in conjunction with the prytaneis. The fourth type of stranger comes rarely, if ever: should there, however, come at any time from another country an inspector similar to those we send abroad, he shall come on these conditions:—First, he shall be not less than fifty years old; and secondly, his purpose in coming must be to view some noble object which is superior in beauty to anything to be found in other States, or else to display to another State something of that description. Every visitor of this kind shall go as an unbidden guest to the doors of the rich and wise, he being both rich and wise himself; and he shall go also to the abode of the General Superintendent of Education, believing himself to be a proper guest for such a host, or to the house of one of those who have won a prize for virtue; and when he has communed with some of these, by the giving and receiving of information, he shall take his departure, with suitable gifts and distinctions bestowed on him as a friend by friends. Such are the laws in conformity with which they must receive all strangers, of either sex, from another country, and send out their own citizens; thus doing honor to Zeus, Patron of Strangers, instead of expelling strangers by means of meats and ceremonies[*](i.e. by forbidding their presence at ceremonial feasts; or, because (as Grote says) the Egyptian habits as to eating and sacrifice were intolerably repulsive to a foreigner.) (as is now done by the nurslings of the Nile), or else by savage proclamations.[*](Cp. Plat. Laws 950a, Plat. Laws 950b.)

Ath.If anyone gives a security, he shall give it in express terms, setting forth the whole transaction in a written record; and this he shall do before not less than three witnesses, if the amount be under 1,000 drachmae, and before not less than five, if it be over 1,000. The broker in a sale shall act as security for the seller should the latter have no real right to the goods sold or be quite unable to guarantee their possession; and the broker shall be legally liable equally with the seller. If anyone wishes to make a search[*](Cp. Aristophanes Nub. 500, 966.) on any man’s premises, he shall strip to his shirt and wear no girdle, and when he has first taken an oath by the appointed gods that of a truth he expects to find the object, he shall make his search; and the other man shall grant him the right to search his house, including things both sealed and unsealed. But if, when a man desires to search, the other party refuses leave, the man so prevented shall take legal proceedings, assessing the value of the object sought; and any man thus convicted shall pay as damages twice the value of the object assessed. And if the master of the house happens to be away from home, the occupants shall allow the claimant to search what is unsealed, and he that searches shall counter-seal what is sealed, and shall set any man he chooses to stand guard over it for five days; and if the master be absent longer, the claimant shall call in the city-stewards, and so make his search, in which he shall open also what is sealed, and he shall seal this up again in the same way in the presence of the household and of the city-stewards. In cases of disputed claims there must be a limit of time, after which it shall be no longer possible to dispute the claim of the person in possession. In our State no dispute is possible in respect of lands or houses; but in respect of anything else which a man has acquired, if the possessor be seen to be using it in the city, market, and temple, and if no one lays claim to it,—then if some man asserts that he has been looking for it all this time, while it is plain that its possessor has made no concealment of it, and if this goes on for a year, the possessor still keeping the article and the other man still seeking, at the expiration of the year no one shall be allowed to lay claim to its possession. And if a man uses an article openly in the country—although not in the city or market,—and if no claimant confronts him within five years, after the expiration of the five years no claim to such a possession shall be allowed. And if a man uses an article indoors in the city, the time-limit shall be three years; if he uses it in a concealed place in the country, it shall be ten years; while if it he in a foreign country, there shall be no limit of time set to making a claim, whenever it is found.

Ath.If any man forcibly prevent any person from appearing at an action at law—whether it be the person himself or his witnesses,—in case that person be a slave of his own or of another man, the action shall be null and void; and in case the person so prevented be a free man, in addition to the annulment of the action, the offender shall be imprisoned for a year and shall be liable to a charge of kidnapping at the hands of anyone who chooses. And if anyone forcibly prevents a rival competitor at a gymnastic, musical or other contest from appearing, whoso wishes shall report the fact to the Presidents of the Games, and they shall allow him that wishes to contend to enter for the contest free; but should they prove unable, in case he who prevented the competitor wins, they shall give the prize to the man prevented and shall inscribe his name as victor in whatever temples he chooses, whereas the preventer shall be forbidden to put up any tablet or inscription regarding such a contest, and he shall be liable to pay damages, whether he be defeated at the contest or be victorious. If anyone knowingly receive any stolen article, he shall be liable to the same penalty as the thief; and for the crime of receiving an exile the penalty shall be death. Everyone shall regard the friend or enemy of the State as his own personal friend or enemy; and if anyone makes peace or war with any parties privately and without public consent, in his case also the penalty shall be death; and if any section of the State makes peace or war on its own account with any parties, the generals shall summon the authors of this action before the court, and the penalty for him who is convicted shall be death. Those who are performing any act of service to the State must do it without gifts; and it shall be no excuse nor laudable plea to argue that for good deeds a man ought to receive gifts, though not for bad: to decide wisely, and firmly to abide by one’s decision, is no easy thing, and the safest course is for a man to listen and obey the law, which says, Perform no service for gifts. Whoso disobeys, if convicted by the court, shall be put to death once for all. Touching money-contributions to the public treasury, not only must the property of every man be valued, for many reasons, but the tribesmen also must furnish an annual record of the year’s produce to the land-wardens, so that the Treasury may adopt whichever it may prefer of the two existing methods of contribution, and may determine year by year whether it will require a proportion of the whole assessed value, or a proportion of the current yearly income, exclusive of the taxes paid for the common meals.

Ath.As regards votive offerings to the gods, it is proper for a reasonable man to present offerings of reasonable value. The soil and the hearth are in all cases sacred to all the gods; wherefore no one shall consecrate afresh what is already sacred. Gold and silver, which in other States are used both privately and in temples, are objects liable to cause envy; and ivory, which comes from a body bereft of soul, is not a pure offering;[*](Cp. Levit. 19. 11: He that toucheth the dead body of any man shall be unclean seven days.) while iron and bronze are instruments of war; of wood forming a single piece a man may offer in the public temples whatsoever he wishes, and of stone likewise, and of woven stuff an amount not exceeding a month’s output by one woman. For woven stuff and other materials, white will be a color befitting the gods; but dyes they must not employ, save only for military decorations. Birds and statues make most godlike gifts, and they should be no larger than what one sculptor can complete in a single day; and all other votive offerings shall be modelled on similar lines. And now that we have stated in detail what and how many the divisions of the State as a whole must be, and have also stated to the best of our power the laws regarding all the most important business transactions,[*](Cp. Plat. Laws 922a.) it will be proper to deal next with judicial procedure.[*](Cp. Plat. Laws 766d.) Of law courts the first will be composed of selected judges, selected jointly by both plaintiff and defendant, and these will be called arbitrators, as being a more suitable name than judges. The second court shall be formed of the villagers and tribesmen (the tribes being divided into twelve parts); and if the cause be not decided in the first court, they shall come before these judges to fight a case involving a greater injury, and if at the second trial the defendant is defeated, he shall pay as an extra penalty the fifth part of the assessed amount of the penalty recorded; and if, dissatisfied with his judges, he desires to fight his case before a court a third time, he shall bring it before the select judges, and if he be again worsted, he shall pay one and a half times the assessed amount. Again, if the plaintiff, when worsted in the first court, does not rest satisfied, but goes to the second court, in case he wins, he shall receive the fifth part, but in case he loses, he shall pay the same fraction of the penalty. And if, through dissatisfaction with the previous verdict, they proceed to the third court, the defendant (as we have said) shall pay, if worsted, one and a half times the penalty, and the prosecutor one-half of it. As regards the allotting of courts, the filling of vacancies, the appointing of sergeants for the several boards of magistrates, the times prescribed for performing each of these duties, the recording of votes, adjournments, and all other necessary judicial arrangements,—such as the fixing by lot of the order of trials, rules about counter-pleadings and counter-attendances, and all matters cognate thereto,— all these we have dealt with previously,[*](Cp. Plat. Laws 766d ff., Plat. Laws 846b ff.) but nevertheless it is a proper thing to reiterate twice,—yea, thrice,—the truth.[*](Cp. Plat. Laws 754c.)

Ath. The old lawgiver, however, may pass over all such legal observances as are trivial and easy of discovery, and the young lawgiver shall fill up his omissions. In dealing with the private law courts this method would be reasonable, but in connection with the public courts of the State, and all those which the officials have to use in managing the affairs which belong to their several offices, there exist in many States quite a number of admirable ordinances of worthy men;[*](Alluding, probably, to Athenian law in particular.) and from these the Law-wardens must construct a code which is suitable to the polity we are now framing, partly by comparing and amending them, partly by submitting them to the test of experience, until each such ordinance be deemed satisfactory; and when they have been finally approved, and have been sealed as absolutely unchangeable, then the magistrates shall put them into practice all their life long. All rules regarding silence and discreet speech, and the opposite of these, on the part of the judges, and all else that differs from the rules which obtain in the other States concerning justice and goodness,—all these have been stated in part,[*](Cp. Plat. Laws 766d, Plat. Laws 855d.) and in part they will be stated at the end. To all these matters he that purposes to be a righteous and just judge must attend, and that written exposition of them which he possesses he must learn. For of all studies, that of legal regulations, provided they be rightly framed, will prove the most efficacious in making the learner a better man; for were it not so, it would be in vain that our divine and admirable law bears a name akin to reason.[*](νόμος=νοῦς; cp. Plat. Laws 714a.) Moreover, of all other speeches— whether they be of personal praise or blame, composed in verse or prose, written down or uttered from day to day at some gathering by way of controversy or by way of consent (often of a very futile character),—of all such speeches the writings of the lawgiver[*](Cp. Plat. Laws 811d, Plat. Laws 858c.) will serve as a test; and inasmuch as he possesses these within himself, as a talisman against other speeches, the good judge will guide both himself and the State aright; for the good he will secure both the permanence and the increase of what is just, and for the bad a change as great as possible from their ignorance, intemperance and cowardice, and, in short, from their general iniquity,—that is to say, for all the bad whose opinions are curable;

Ath. but for those whose opinions are really fixed by Fate,[*](i.e. men whose false beliefs are ineradicable, beyond hope of conversion.)—if they assigned death as a cure for souls in this condition (a statement that deserves to be often repeated), such judges and leaders of judges would merit praise from the whole State. When all the lawsuits for the year have been finally adjudged, we must have laws for the execution of the verdicts to this effect:—First, the magistrate who is acting as judge shall assign to the victorious party all the goods of the party convicted, excepting such as the latter must necessarily retain in his possession; and this he shall do in each case immediately after the voting has taken place by means of a herald’s proclamation made in the hearing of the judges; and unless the loser settle with the victor to their mutual satisfaction by the end of the month next to those in which the courts are sitting, the magistrate who has tried the case shall, at the instance of the victor, hand over to him the goods of the loser. And if the means are not forthcoming, and there be a deficiency of not less than a drachma, the loser in question shall be precluded from suing anyone else until he has paid to the full his whole debt to the victor; but others may bring valid actions against him. If anyone, when condemned, obstructs the court which condemned him, the officials thus wrongfully obstructed shall summon him before the court of the Law-wardens, and anyone who is cast in such an action, as being guilty of subverting the whole State and its laws, shall be punished by death. Next, when a man has been born and reared, and has himself begotten and reared up children, and has engaged reasonably in the transactions of business, giving or receiving (as the case may be) compensation for wrongs done,—when he has thus duly grown old in a law-abiding life, his end will come in the course of nature. Touching the dead, male or female, what the sacred rites are which require to be performed in respect of the gods of the underworld, or of this world, shall be declared by the Interpreters as the final authorities: no tombs, however, shall be put in places that are tilled,—whether the monument be small or great,—but they shall fill up those places where the soil is naturally fitted for this purpose only,— namely, to receive and hide the bodies of the dead with the least hurt to the living; but as regards all the places which of their own nature desire to produce food for mankind, of these no one, living or dead, shall deprive us who are alive.

Ath. And they shall not pile up a mound to a height greater than can be made by five men in five days; nor shall they erect stone pillars of a size more than is required to hold, at the most, a eulogy of the dead man’s life consisting of not more than four heroic lines. And as to the laying-out of the corpse, first, it shall remain in the house only for such a time as is required to prove that the man is not merely in a faint, but really dead; and accordingly, in a normal case, the third will be the proper day for the carrying out to burial. As in other matters it is right to trust the lawgiver, so too we must believe him when he asserts that the soul is wholly superior to the body, and that in actual life what makes each of us to be what he is is nothing else than the soul, while the body is a semblance which attends on each of us, it being well said that the bodily corpses are images of the dead, but that which is the real self of each of us, and which we term the immortal soul, departs to the presence of other gods,[*](Cp.Plat. Phaedo 63b ff.) there (as the ancestral law declares) to render its account,—a prospect to be faced with courage by the good, but with uttermost dread by the evil. But to him who is dead no great help can be given; it was when he was alive that all his relatives should have helped him, so that when living his life might have been as just and holy as possible, and when dead he might be free during the life which follows this life from the penalty for wickedness and sin. This being so, one ought never to spend extravagantly on the dead, through supposing that the carcass of flesh that is being buried is in the truest sense one’s own relative; but one ought rather to suppose that the real son or brother—or whoever else it may be that a man fancies himself to be mournfully burying—has departed in furtherance and fulfillment of his own destiny, and that it is our duty to make a wise use of what we have and to spend in moderation,[*](Cp. Plat. Laws 717e Plat. Laws 719d.) as it were on a soulless altar to the gods below:[*](i.e. the corpse is like an altar which has no real presence to sanctify it; hence it is less worthy of costly offerings.) and what constitutes moderation the lawgiver will most properly divine. Let this, then, be the law:—An expenditure on the whole funeral not exceeding five minas for a man of the highest property-class, three minas for one of the second class, two for one of the third, and one mina for one of the fourth class, shall be held to be moderate amounts. The Law-wardens must of necessity perform many other duties and supervise many other matters, but by no means the least of their duties is to live keeping a constant watch over children and men and people of every age; and at the end of his life above all everyone must have some one Law-warden to take charge of him—that one who is called in as overseer by the relatives of the dead man; and it shall stand to his credit if the arrangements about the dead man are carried out in a proper and moderate way, but if improperly, to his discredit.

Ath. The laying-out of the corpse and the other arrangements shall be carried out in accordance with the custom concerning such matters, but it is right that custom should give way to the following regulations of State law:—Either to ordain or to prohibit weeping for the dead is unseemly, but we shall forbid loud mourning and lamentation outside the house, and we shall prohibit the carrying out of the dead on to the open roads and making lamentation while he is borne through the streets, and the funeral party must be outside the city-bounds before day-break. These shall be the legal regulations regarding such matters: he that obeys them shall be free from penalty, but he that disobeys a single one of the Law-wardens shall be penalized by them all with the penalty adjudged by all in common. All other interments of the dead, or disposal of corpses without interment in the cases of parricides, temple-robbers, and all such criminals,—have been previously[*](Cp. Plat. Laws 854d., Plat. Laws 873c.) dealt with and laid down by law, so that our task of legislation has nearly come to an end. But in every case, the full end does not consist in the doing, gaining or founding of an object; rather our view should be that it is only when we have discovered a means of salvation, endless and complete, for our creation, that we are at length justified in believing that we have done all that ought to be done: until then, we must believe, the whole of our creation is incomplete.

Clin. You say well, Stranger; but explain to us yet more clearly the purport of your last observation.

Ath. O Clinias, many of the sayings of old time have been nobly uttered, and of these not the least, I may say, are the titles given to the Fates.

Clin. What titles, pray?

Ath. That the first of them is Lachesis, the second Clotho, and Atropos the savior-third [*](Cp. Plat. Rep. 620e. Atropos is called the savior-third (cp.τὸ τρίτον τῷ Σωτῆρι) because she completes the work of the other fates by making the thread of life (doom) spun by them irreversible. (ἄ-τροπος=unturnable.))—she that bestows on the dooms ratified by Clotho the quality of irreversibility. She it is that must furnish also to the State and its citizens, not merely health and salvation for their bodies, but also right legality in their souls, or rather the salvation of the laws. And this, as it seems clear to me, is what our laws still lack—namely, a right mode of naturally implanting in them this irreversible quality.

Clin. The point you mention is a serious one, if it is really impossible to discover a means whereby everything may acquire some such quality.

Ath. Nay, but it is possible, as I now perceive quite clearly.

Clin. Then let us by no means desist until we have secured this very quality for the laws we have stated; for it would be ridiculous for us to have wasted all this labor on an object, and then not base it on any firm foundation.

Ath. You are right in your exhortation, and you will find me as ready as yourself to proceed.

Clin. Very good. Then what is it you say will prove a means of salvation to our polity and its laws, and how will it do so?