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. Now that our children, of both sexes, are born, our proper course will be to deal in the next place with their nurture and education. This is a subject which it is wholly impossible to pass over; but obviously it can be treated more suitably by way of precept and exhortation than by legislation. For in the private life of the family many trivial things are apt to be done which escape general notice,—things which are the result of individual feelings of pain, pleasure, or desire, and which contravene the instructions of the lawgiver; and these will produce in the citizens a multiplicity of contradictory tendencies. This is bad for a State. For while, on the one hand, it is improper and undignified to impose penalties on these practices by law, because of their triviality and the frequency of their occurrence, on the other hand, it detracts from the authority of the law which stands written when men grow used to breaking the law in trivial matters repeatedly. Hence, while it is impossible to pass over these practices in silence, it is difficult to legislate concerning them. The practices I refer to I will try to make clear by bringing some specimens, as it were, to the light; for at present my words rather resemble a dark speech.

Clin. That is quite true.

Ath. When we said[*](Plat. Laws 643d.) that right nurture must be manifestly capable of making both bodies and souls in all respects as beautiful and good as possible, we spoke, I presume, truly?

Clin. Certainly we did.

Ath. And I suppose that (to take the simplest point) the most beautiful bodies must grow up from earliest infancy as straight as possible.

Clin. Most certainly.

Ath. Well then, do we not observe that in every living creature the first shoot makes by far the largest and longest growth; so that many people stoutly maintain that in point of height men grow more in the first five years of life than in the next twenty?

Clin. That is true.

Ath. But we know, don’t we, that when growth occurs rapidly, without plenty of suitable exercise, it produces in the body countless evils?

Clin. Certainly.

Ath. And when bodies receive most food, then they require most exercise?

Clin. What is that, Stranger? Are we to prescribe most exercise for new-born babes and tiny infants?

Ath. Nay, even earlier than that,—we shall prescribe it for those nourished inside the bodies of their mothers.

Clin. What do you mean, my dear sir? Is it unborn babes you are talking of?

Ath. It is. Still it is by no means surprising that you know nothing of this pre-natal gymnastic; but, strange though it is, I should like to explain it to you.

Clin. By all means do so.

Ath. In our country it is easier to understand a practice of this kind, because there are people there who carry their sports to excess. At Athens we find not only boys but sometimes old men rearing birds and training such creatures to fight one another. But they are far from thinking that the training they give them by exciting their pugnacity provides sufficient exercise; in addition to this, each man takes up his bird and keeps it tucked away in his fist, if it is small, or under his arm, if it is large, and in this way they walk many a long mile in order to improve the condition, not of their own bodies, but of these creatures. Thus clearly do they show to any observant person that all bodies benefit, as by a tonic, when they are moved by any kind of shaking or motion, whether they are moved by their own action—as in a swing or in a rowing-boat—or are carried along on horseback or by any other rapidly moving bodies; and that this is the reason why bodies can deal successfully with their supplies of meat and drink and provide us with health and beauty, and strength as well. This being the state of the case, what does it behove us to do in the future? Shall we risk ridicule, and lay down a law that the pregnant woman shall walk, and that the child, while still soft, shall be molded like wax, and be kept in swaddling clothes till it is two years old? And shall we also compel the nurses by legal penalties to keep carrying the children somehow, either to the fields or to the temples or to their relatives, all the time until they are able to stand upright; and after that, still to persevere in carrying them until they are three years old, as a precaution against the danger of distorting their legs by over-pressure while they are still young?

Ath. And that the nurses shall be as strong as possible? And shall we impose a written penalty for every failure to carry out these injunctions? Such a course is quite out of the question; for it would lead to a superabundance of that consequence which we mentioned a moment ago.

Clin. What was that?

Ath. The consequence of our incurring ridicule in abundance, in addition to meeting with a blank refusal to obey on the part of the nurses, with their womanish and servile minds.

Clin. What reason, then, had we for saying that these rules ought to be stated?

Ath. The reason was this: the minds of the masters and of the freemen in the States may perhaps listen, and so come to the right conclusion that, unless private affairs in a State are rightly managed, it is vain to suppose that any stable code of laws can exist for public affairs; and when he perceives this, the individual citizen may of himself adopt as laws the rules we have now stated, and, by so doing and thus ordering aright both his household and his State, may achieve happiness.

Clin. Such a result seems quite probable.

Ath. Consequently we must not desist from this kind of legislation until we have described in detail the treatment suited for the souls of young children in the same manner as we commenced our advice regarding their bodies.

Clin. You are quite right.

Ath. Let us take this, then, as a fundamental assumption in both cases,—that for both body and soul of the very young a process of nursing and moving, that is as continuous as possible both by day and by night, is in all cases salutary, and especially in the case of the youngest: it is like having them always rocked— if that were possible—on the sea. As it is, with new-born infants one should reproduce this condition as nearly as possible. Further evidence of this may be seen in the fact that this course is adopted and its usefulness recognized both by those who nurse small children and by those who administer remedies in cases of Corybantism.[*](Corybantism is a technical term for a state of morbid mental excitement (cp. tarantism) derived from Corybantes, the name given to the frenzied worshippers of Bacchus.) Thus when mothers have children suffering from sleeplessness, and want to lull them to rest, the treatment they apply is to give them, not quiet, but motion, for they rock them constantly in their arms; and instead of silence, they use a kind of crooning noise; and thus they literally cast a spell upon the children (like the victims of Bacchic frenzy) by employing the combined movements of dance and song as a remedy.

Clin. And what, Stranger, are we to suppose is the main cause of this?

Ath. It is easy enough to see.

Clin. How so?

Ath. Both these affections are forms of fright; and frights are due to a poor condition of soul. So whenever one applies an external shaking to affections of this kind, the external motion thus applied overpowers the internal motion of fear and frenzy, and by thus overpowering it, it brings about a manifest calm in the soul and a cessation of the grievous palpitation of the heart which had existed in each case. Thus it produces very satisfactory results. The children it puts to sleep; the Bacchants, who are awake, it brings into a sound state of mind instead of a frenzied condition, by means of dancing and playing, with the help of whatsoever gods they chance to be worshipping with sacrifice. This is—to put it shortly—quite a plausible account of the matter.

Clin. Most plausible.

Ath. Seeing, then, that these causes produce the effects described, in the case of the people mentioned one should observe this point,—that every soul that is subjected to fright from youth will be specially liable to become timid: and this, as all would aver, is not to practice courage, but cowardice.

Clin. Of course it is.

Ath. The opposite course, of practicing courage from youth up, consists, we shall say, in the conquering of the frights and fears that assail us.

Clin. That is true.

Ath. Let us say, then, that this factor—namely, the exercise of quite young children by the various motions—contributes greatly towards developing one part of the soul’s virtue.

Clin. Certainly.

Ath. Moreover, cheerfulness of soul and its opposite will constitute no small part of stoutheartedness and faintheartedness.

Clin. Of course.

Ath. What way can we find, then, for implanting at once in the new-born child whichever of these qualities we desire? We must endeavor to indicate how and to what extent we have them at our command.

Clin. By all means.

Ath. The doctrine held amongst us, I may explain, is this,—that whereas luxurious living renders the disposition of the young morose and irascible and too easily moved by trifles, its opposite (which is uttermost and cruel enslavement) makes them lowly and mean-spirited and misanthropic, and thus unfit to associate with others.

Clin. In what way, then, should the State at large rear up infants that are still incapable of understanding speech or receiving other kinds of education?

Ath. In this way: it is usual for every creature that is born—and the human child as much as any— to utter at once a loud outcry; and, what is more, the child is the most liable of them all to be afflicted with tears as well as outcries.

Clin. Quite true.

Ath. When nurses are trying to discover what a baby wants, they judge by these very same signs in offering it things. If it remains silent when the thing is offered, they conclude that it is the right thing, but the wrong thing if it weeps and cries out. Thus infants indicate what they like by means of weepings and outcries—truly no happy signals!—and this period of infancy lasts not less than three years, which is no small fraction of one’s time to spend ill or well.

Clin. You are right.

Ath. When a man is peevish and not cheerful at all, do you not regard him as a doleful person and more full, as a rule, of complaints than a good man ought to be?

Clin. I certainly regard him as such.

Ath. Well then, suppose one should try to secure by every available means that our nursling should experience the least possible amount of grief or fear or pain of any kind, may we not believe that by this means the soul of the nursling would be rendered more bright and cheerful?

Clin. Plainly it would, Stranger; and most of all if one should provide him with many pleasures.

Ath. There, my good sir, I must part company with Clinias. For in our eyes such a proceeding is the worst possible form of corruption, for it occurs in every instance at the very beginning of the child’s nurture.[*](Cp. Plat. Rep. 377b.) But let us consider whether I am right.

Clin. Explain your view.

Ath. I believe that the issue before us is one of extreme importance. You also, Megillus, consider the matter, I pray, and lend us the aid of your judgment. What I maintain is this: that the right life ought neither to pursue pleasures nor to shun pains entirely; but it ought to embrace that middle state of cheerfulness (as I termed it a moment ago), which—as we all rightly suppose, on the strength of an inspired utterance—is the very condition of God himself. And I maintain that whosoever of us would be godlike must pursue this state of soul, neither becoming himself prone at all to pleasures, even as he will not be devoid of pain, not allowing any other person—old or young, man or woman—to be in this condition and least of all, so far as possible, the new-born babe. For because of the force of habit, it is in infancy that the whole character is most effectually determined.[*](Cp. Aristot. Nic. Eth. 1103 a 17:ἡ δὲ ἠθικὴ ἀρετὴ ἐξ ἔθους περιγίνεται, ὅθεν καὶ τοὔνομα ἔσχηκε μικρὸν παρεγκλῖνον ἀπὸ τοῦ ἔθους (ethical virtue is the result of habit, and its name ethical is also derived from ethos (habit)).) I should assert further—were it not that it would be taken as a jest—that women with child, above all others, should be cared for during their years of pregnancy, lest any of them should indulge in repeated and intense pleasures or pains, instead of cultivating, during the whole of that period, a cheerful, bright and calm demeanor.

Clin. There is no need for you, Stranger, to ask Megillus which of us two has made the truer statement. For I myself grant you that all men ought to shun the life of unmixed pain and pleasure, and follow always a middle path. So all is well both with your statement and with my reply.

Ath. You are perfectly right, Clinias. So then let the three of us together consider this next point.

Clin. What is that?

Ath. That all the regulations which we are now expounding are what are commonly termed unwritten laws. And these as a whole are just the same as what men call ancestral customs. Moreover, the view which was recently[*](Plat. Laws 788b.) impressed upon us, that one should neither speak of these as laws nor yet leave them without mention, was a right view. For it is these that act as bonds in every constitution, forming a link between all its laws (both those already enacted in writing and those still to be enacted), exactly like ancestral customs of great antiquity, which, if well established and practiced, serve to wrap up securely the laws already written, whereas if they perversely go aside from the right way, like builders’ props that collapse under the middle of a house, they bring everything else tumbling down along with them, one thing buried under another, first the props themselves and then the fair superstructure, once the ancient supports have fallen down. Bearing this in mind, Clinias, we must clamp together this State of yours, which is a new one, by every possible means, omitting nothing great or small in the way of laws, customs and institutions; for it is by all such means that a State is clamped together, and neither kind of law is permanent without the other. Consequently, we need not be surprised if the influx of a number of apparently trivial customs or usages should make our laws rather long.

Clin. What you say is quite true, and we will bear it in mind.

Ath. If one could carry out these regulations methodically, and not merely apply them casually, in the case of girls and boys up to the age of three, they would conduce greatly to the benefit of our infant nurslings.

Ath. To form the character of the child over three and up to six years old there will be need of games: by then punishment must be used to prevent their getting pampered,—not, however, punishment of a degrading kind, but just as we said before,[*](Cp. Plat. Laws 777a.) in the case of slaves, that one should avoid enraging the persons punished by using degrading punishments, or pampering them by leaving them unpunished, so in the case of the free-born the same rule holds good. Children of this age have games which come by natural instinct; and they generally invent them of themselves whenever they meet together. As soon as they have reached the age of three, all the children from three to six must meet together at the village temples, those belonging to each village assembling at the same place. Moreover, the nurses of these children must watch over their behavior, whether it be orderly or disorderly; and over the nurses themselves and the whole band of children one of the twelve women already elected must be appointed annually to take charge of each band, the appointment resting with the Law-wardens. These women shall be elected by the women who have charge of the supervision of marriage,[*](Cp. Plat. Laws 784a.) one out of each tribe and all of a like age. The woman thus appointed shall pay an official visit to the temple every day, and she shall employ a State servant and deal summarily with male or female slaves and strangers, but in the case of citizens, if the person protests against the punishment, she shall bring him for trial before the city stewards; but if no protest is made, she shall inflict summary justice equally on citizens. After the age of six, each sex shall be kept separate, boys spending their time with boys, and likewise girls with girls; and when it is necessary for them to begin lessons, the boys must go to teachers of riding, archery, javelin-throwing and slinging, and the girls also, if they agree to it, must share in the lessons, and especially such as relate to the use of arms. For, as regards the view now prevalent regarding these matters, it is based on almost universal ignorance.

Clin. What view?

Ath. The view that, in the case of hands, right and left are by nature different in respect of their utility for special acts; but, as a matter of fact, in the case of the feet and the lower limbs there is plainly no difference in working capacity; and it is due to the folly of nurses and mothers that we have all become limping, so to say, in our hands. For in natural ability the two limbs are almost equally balanced; but we ourselves by habitually using them in a wrong way have made them different.

Ath. In actions of trifling importance this does not matter—as for example, whether a man uses the left hand for the fiddle and the right hand for the bow, and things of that sort; but to follow these precedents and to use the hands in this way on other occasions, when there is no necessity, is very like foolishness. This is shown by the Scythian custom not only of using the left hand to draw the bow and the right to fit the arrow to it, but also of using both hands alike for both actions. And there are countless other instances of a similar kind, in connection with driving horses and other occupations, which teach us that those who treat the left hand as weaker than the right are confuted by nature. But this, as we have said, matters little in the case of fiddle-bows of horn and similar implements; but when it is a case of using iron instruments of war—bows, darts and the like—it matters a great deal, and most of all when weapon is to be used against weapon at close quarters. There is a vast difference here between the taught and the untaught, the trained and the untrained warrior. For just as the athlete who is thoroughly practiced in the pancratium or in boxing or wrestling is capable of fighting on his left side, and does not move that side as if it were numb or lame, whenever he is compelled to bring it into action through his opponent shifting to the other side,—in precisely the same way, I take it, in regard to the use of weapons of war and everything else, it ought to be considered the correct thing that the man who possesses two sets of limbs, fit both for offensive and defensive action, should, so far as possible, suffer neither of these to go unpracticed or untaught. Indeed, if a man were gifted by nature with the frame of a Geryon or a Briareus, with his hundred hands he ought to be able to throw a hundred darts. So all these matters must be the care of the male and female officers, the women overseeing the games and the feeding of the children, and the men their lessons, to the intent that all the boys and girls may be sound of hand and foot, and may in no wise, if possible, get their natures warped by their habits. The lessons may, for practical convenience, be divided under two heads—the gymnastical, which concern the body, and the musical, which aim at goodness of soul. Of gymnastic there are two kinds, dancing and wrestling. Of dancing there is one branch in which the style of the Muse is imitated, preserving both freedom and nobility, and another which aims at physical soundness, agility and beauty by securing for the various parts and members of the body the proper degree of flexibility and extension and bestowing also the rhythmical motion which belongs to each, and which accompanies the whole of dancing and is diffused throughout it completely.

Ath. As to the devices introduced by Antaeus or Cercyon[*](Mythical giants and wrestlers, to whom were ascribed such devices as the use of the legs in wrestling. Epeius is mentioned as a boxer in Hom. Il. 23.668; and the mythical Amycus is said to have invented the use of ἱμάντες (boxing-gloves).) in the art of wrestling for the sake of empty glory, or in boxing by Epeius or Amycus, since they are useless in the business of war, they merit no eulogy. But the exercises of stand-up wrestling, with the twisting free of neck, hands and sides, when practiced with ardor and with a firm and graceful pose, and directed towards strength and health,—these must not be omitted, since they are useful for all purposes; but we must charge both the pupils and their teachers— when we reach this point in our legislation—that the latter should impart these lessons gently, and the former receive them gratefully. Nor should we omit such mimic dances as are fitting for use by our choirs,—for instance, the sword-dance of the Curetes[*](Priests of the Idaean Zeus.) here in Crete, and that of the Dioscori[*](Castor and Pollux.) in Lacedaemon; and at Athens, too, our Virgin-Lady[*](Athene.) gladdened by the pastime of the dance deemed it not seemly to sport with empty hands, but rather to tread the measure vested in full panoply. These examples it would well become the boys and girls to copy, and so cultivate the favor of the goddess, alike for service in war and for use at festivals. It shall be the rule for the children, from the age of six until they reach military age, whenever they approach any god and form processions, to be always equipped with arms and horses, and with dance and march, now quick, now slow, to make their supplications to the gods and the children of gods. Contests, too, and preliminary trials must be carried out with a view to the objects stated, if at all; for these objects are useful both in peace and war, alike for the State and for private families; but all other kinds of work and play and bodily exercise are not worthy of a gentleman. And now, O Megillus and Clinias, I have pretty fully described that gymnastic training which—as I said[*](Plat. Laws 672d, Plat. Laws 673a ff.; cp. also Plat. Laws 813d ff.) early in our discourse—requires description: here it is in its full completeness. So if you know of a better gymnastic than this, disclose it.

Clin. It is no easy thing, Stranger, to reject your account of gymnastic training and competition, and produce a better one.

Ath. The subject which comes next to this, and deals with the gifts of Apollo and the Muses, is one which we previously[*](Plat. Laws 673b.) thought we had done with, and that the only subject left was gymnastic; but I plainly see now, not only what still remains to be said to everybody, but also that it ought to come first. Let us, then, state these points in order.

Clin. By all means let us do so.

Ath. Give ear to me now, albeit ye have already done so in the past. None the less, one must take great heed, now as before, both in the telling and in the hearing of a thing that is supremely strange and novel. To make the statement that I am going to make is an alarming task; yet I will summon up my courage, and not shrink from it.

Clin. What is the statement you refer to, Stranger?

Ath. I assert that there exists in every State a complete ignorance about children’s games—how that they are of decisive importance for legislation, as determining whether the laws enacted are to be permanent or not. For when the program of games is prescribed and secures that the same children always play the same games and delight in the same toys in the same way and under the same conditions, it allows the real and serious laws also to remain undisturbed; but when these games vary and suffer innovations, amongst other constant alterations the children are always shifting their fancy from one game to another, so that neither in respect of their own bodily gestures nor in respect of their equipment have they any fixed and acknowledged standard of propriety and impropriety; but the man they hold in special honor is he who is always innovating or introducing some novel device in the matter of form or color or something of the sort; whereas it would be perfectly true to say that a State can have no worse pest than a man of that description, since he privily alters the characters of the young, and causes them to contemn what is old and esteem what is new. And I repeat again that there is no greater mischief a State can suffer than such a dictum and doctrine: just listen while I tell you how great an evil it is.

Clin. Do you mean the way people rail at antiquity in States?

Ath. Precisely.

Clin. That is a theme on which you will find us no grudging listeners, but the most sympathetic possible.

Ath. I should certainly expect it to be so.

Clin. Only say on.

Ath. Come now, let us listen to one another and address one another on this subject with greater care than ever. Nothing, as we shall find, is more perilous than change in respect of everything, save only what is bad,—in respect of seasons, winds, bodily diet, mental disposition, everything in short with the solitary exception, as I said just now, of the bad. Accordingly, if one considers the human body, and sees how it grows used to all kinds of meats and drinks and exercises, even though at first upset by them, and how presently out of these very materials it grows flesh that is akin to them, and acquiring thus a familiar acquaintance with, and fondness for, all this diet, lives a most healthy and pleasant life;

Ath. and further, should a man be forced again to change back to one of the highly-reputed diets, how he is upset and ill at first, and recovers with difficulty as he gets used again to the food,—it is precisely the same, we must suppose, with the intellects of men and the nature of their souls. For if there exist laws under which men have been reared up and which (by the blessing of Heaven) have remained unaltered for many centuries, so that there exists no recollection or report of their ever having been different from what they now are,—then the whole soul is forbidden by reverence and fear to alter any of the things established of old. By hook or by crook, then, the lawgiver must devise a means whereby this shall be true of his State. Now here is where I discover the means desired:—Alterations in children’s games are regarded by all lawgivers (as we said above[*](Plat. Laws 797b, Plat. Laws 797C.)) as being mere matters of play, and not as the causes of serious mischief; hence, instead of forbidding them, they give in to them and adopt them. They fail to reflect that those children who innovate in their games grow up into men different from their fathers; and being thus different themselves, they seek a different mode of life, and having sought this, they come to desire other institutions and laws; and none of them dreads the consequent approach of that result which we described just now as the greatest of all banes to a State. The evil wrought by changes in outward forms would be of less importance; but frequent changes in matters involving moral approval and disapproval are, as I maintain, of extreme importance, and require the utmost caution.

Clin. Most certainly.

Ath. Well, then, do we still put our trust in those former statements of ours,[*](Plat. Laws 654e ff., Plat. Laws 668a.) in which we said that matters of rhythm and music generally are imitations of the manners of good or bad men? Or how do we stand?

Clin. Our view at least remains unaltered.

Ath. We assert, then, that every means must be employed, not only to prevent our children from desiring to copy different models in dancing or singing, but also to prevent anyone from tempting them by the inducement of pleasures of all sorts.

Clin. Quite right.

Ath. To attain this end, can any one of us suggest a better device than that of the Egyptians?[*](Cp. Plat. Laws 656d.)

Clin. What device is that?

Ath. The device of consecrating all dancing and all music. First, they should ordain the sacred feasts, by drawing up an annual list of what feasts are to be held, and on what dates, and in honor of what special gods and children of gods and daemons; and they should ordain next what hymn is to be sung at each of the religious sacrifices, and with what dances each such sacrifice is to be graced; these ordinances should be first made by certain persons, and then the whole body of citizens, after making a public sacrifice to the Fates and all the other deities, should consecrate with a libation these ordinances—dedicating each of the hymns to their respective gods and divinities. And if any man proposes other hymns or dances besides these for any god, the priests and priestesses will be acting in accordance with both religion and law when, with the help of the Law-wardens, they expel him from the feast; and if the man resists expulsion, he shall be liable, so long as he lives, to be prosecuted for impiety by anyone who chooses.

Clin. That is right.

Ath. Since we find ourselves now dealing with this theme, let us behave as befits ourselves.[*](i.e. with the caution proper to old men.)

Clin. In what respect?

Ath. Every young man—not to speak of old men—on hearing or seeing anything unusual and strange, is likely to avoid jumping to a hasty and impulsive solution of his doubts about it, and to stand still; just as a man who has come to a crossroads and is not quite sure of his way, if he be travelling alone, will question himself, or if travelling with others, will question them too about the matter in doubt, and refuse to proceed until he has made sure by investigation of the direction of his path. We must now do likewise. In our discourse about laws, the point which has now occurred to us being strange, we are bound to investigate it closely; and in a matter so weighty we, at our age, must not lightly assume or assert that we can make any reliable statement about it on the spur of the moment.

Clin. That is very true.

Ath. We shall, therefore, devote some time to this subject, and only when we have investigated it thoroughly shall we regard our conclusions as certain. But lest we be uselessly hindered from completing the ordinance which accompanies the laws with which we are now concerned, let us proceed to their conclusion. For very probably (if Heaven so will) this exposition, when completely brought to its conclusion, may also clear up the problem now before us.

Clin. Well said, Stranger: let us do just as you say.

Ath. Let the strange fact be granted, we say, that our hymns are now made into nomes (laws),[*](A play on the double sense of νόμος,—law and chant or tune: cp. 700 B, 722 D, 734 E.) just as the men of old, it would seem, gave this name to harp-tunes,— so that they, too, perhaps, would not wholly disagree with our present suggestion, but one of them may have divined it vaguely, as in a dream by night or a waking vision: anyhow, let this be the decree on the matter:—In violation of public tunes and sacred songs and the whole choristry of the young, just as in violation of any other nome (law), no person shall utter a note or move a limb in the dance. He that obeys shall be free of all penalty; but he that disobeys shall (as we said just now) be punished by the Law-wardens, the priestesses and the priests. Shall we now lay down these enactments in our statement?

Clin. Yes, lay them down.

Ath. How shall we enact these rules by law in such a way as to escape ridicule? Let us consider yet another point concerning them. The safest plan is to begin by framing in our discourse some typical cases,[*](ἐκμαγεῖον(mold or impression) is here used, much like εἶδος, of a class or type of cases needing legal regulation.) so to call them; one such case I may describe in this way. Suppose that, when a sacrifice is being performed and the offerings duly burned, some private worshipper—a son or a brother —when standing beside the altar and the offering, should blaspheme most blasphemously, would not his voice bring upon his father and the rest of the family a feeling of despair and evil forebodings?

Clin. It would.

Ath. Well, in our part of the world this is what happens, one may almost say, in nearly every one of the States. Whenever a magistrate holds a public sacrifice, the next thing is for a crowd of choirs— not merely one—to advance and take their stand, not at a distance from the altars, but often quite close to them; and then they let out a flood of blasphemy over the sacred offerings, racking the souls of their audience with words, rhythms and tunes most dolorous, and the man that succeeds at once in drawing most tears from the sacrificing city carries off the palm of victory. Must we not reject[*](Music should he used as an ennobling educational instrument, promoting self-control, not as a means of exciting vulgar sentiment and passion.) such a custom as this? For if it is ever really necessary that the citizens should listen to such doleful strains, it would be more fitting that the choirs that attend should be hired from abroad, and that not on holy days but only on fast-days— just as a corpse is escorted with Carian music by hired mourners. Such music would also form the fitting accompaniment for hymns of this kind; and the garb befitting these funeral hymns would not be any crowns nor gilded ornaments, but just the opposite, for I want to get done with this subject as soon as I can. Only I would have us ask ourselves again[*](Cp. Plat. Laws 800b.) this single question,—are we satisfied to lay this down as our first typical rule for hymns?

Clin. What rule?

Ath. That of auspicious speech; and must we have a kind of hymn that is altogether in all respects auspicious? Or shall I ordain that it shall be so, without further questioning?

Clin. By all means ordain it so; for that is a law carried by a unanimous vote.

Ath. What then, next to auspicious speech, should be the second law of music? Is it not that prayers should be made on each occasion to those gods to whom offering is made?

Clin. Certainly.

Ath. The third law, I suppose, will be this,—that the poets, knowing that prayers are requests addressed to gods, must take the utmost care lest unwittingly they request a bad thing as though it were a good thing; for if such a prayer were made, it would prove, I fancy, a ludicrous blunder.

Clin. Of course.

Ath. Did not our argument convince us, a little while ago,[*](Plat. Laws 742d. Plutus is the god of wealth.) that no Plutus either in gold or in silver should dwell enshrined within the State?

Clin. It did.

Ath. What then shall we say that this statement serves to illustrate? Is it not this,—that the tribe of poets is not wholly capable of discerning very well what is good and what not? For surely when a poet, suffering from this error, composes prayers either in speech or in song, he will be making our citizens contradict ourselves in their prayers for things of the greatest moment; yet this, as we have said,[*](Plat. Laws 801b.) is an error than which few are greater. So shall we also lay down this as one of our laws and typical cases regarding music?

Clin. What law? Explain it to us more clearly.

Ath. The law that the poet shall compose nothing which goes beyond the limits of what the State holds to be legal and right, fair and good; nor shall he show his compositions to any private person until they have first been shown to the judges appointed to deal with these matters, and to the Law-wardens, and have been approved by them. And in fact we have judges appointed in those whom we selected to be the legislators of music and in the supervisor of education. Well then, I repeat my question,—is this to be laid down as our third law, typical case, and example? What think you?

Clin. Be it laid down by all means.

Ath. Next to these, it will be most proper to sing hymns and praise to the gods, coupled with prayers; and after the gods will come prayers combined with praise to daemons and heroes, as is befitting to each.

Clin. To be sure.

Ath. This done, we may proceed at once without scruple to formulate this law:—all citizens who have attained the goal of life and have wrought with body or soul noble works and toilsome, and have been obedient to the laws, shall be regarded as fitting objects for praise.

Clin. Certainly.

Ath. But truly it is not safe to honor with hymns and praises those still living, before they have traversed the whole of life and reached a noble end. All such honors shall be equally shared by women as well as men who have been conspicuous for their excellence. As to the songs and the dances, this is the fashion in which they should be arranged. Among the compositions of the ancients there exist many fine old pieces of music, and likewise dances, from which we may select without scruple for the constitution we are founding such as are fitting and proper. To examine these and make the selection, we shall choose out men not under fifty years of age; and whichever of the ancient songs are approved we shall adopt, but whichever fail to reach our standard, or are altogether unsuitable, we shall either reject entirely or revise and remodel. For this purpose we shall call in the advice of poets and musicians, and make use of their poetical ability, without, however, trusting to their tastes or their wishes, except in rare instances; and by thus expounding the intentions of the lawgiver, we shall organize to his satisfaction dancing, singing, and the whole of choristry. In truth, every unregulated musical pursuit becomes, when brought under regulation, a thousand times better, even when no honeyed strains are served up: all alike provide pleasure.[*](i.e. a regulated style of music pleases the educated just as much as the other sort pleases the uneducated. Cp. Plat. Laws 658e.) For if a man has been reared from childhood up to the age of steadiness and sense in the use of music that is sober and regulated, then he detests the opposite kind whenever he hears it, and calls it vulgar; whereas if he has been reared in the common honeyed kind of music, he declares the opposite of this to be cold and unpleasing. Hence, as we said just now, in respect of the pleasure or displeasure they cause neither kind excels the other; where the superiority lies is in the fact that the one kind always makes those who are reared in it better, the other worse.

Clin. Finely spoken!

Ath. Further, it will be right for the lawgiver to set apart suitable songs for males and females by making a rough division of them; and he must necessarily adapt them to harmonies and rhythms, for it would be a horrible thing for discord to exist between theme and tune, meter and rhythm, as a result of providing the songs with unsuitable accompaniments. So the lawgiver must of necessity ordain at least the outline of these. And while it is necessary for him to assign both words and music for both types of song as defined by the natural difference of the two sexes, he must also clearly declare wherein the feminine type consists. Now we may affirm that what is noble and of a manly tendency is masculine, while that which inclines rather to decorum and sedateness is to be regarded rather as feminine both in law and in discourse.

Ath. Such then is our regulation of the matter. We have next to discuss the question of the teaching and imparting of these subjects—how, by whom, and when each of them should be practiced. Just as a shipwright at the commencement of his building outlines the shape of his vessel by laying down her keel, so I appear to myself to be doing just the same—trying to frame, that is, the shapes of lives according to the modes of their souls, and thus literally laying down their keels, by rightly considering by what means and by what modes of living we shall best navigate our barque of life through this voyage of existence. And notwithstanding that human affairs are unworthy of earnest effort, necessity counsels us to be in earnest; and that is our misfortune. Yet, since we are where we are, it is no doubt becoming that we should show this earnestness in a suitable direction. But no doubt I may be faced—and rightly faced—with the question, What do I mean by this?

Clin. Certainly.

Ath. What I assert is this,—that a man ought to be in serious earnest about serious things, and not about trifles; and that the object really worthy of all serious and blessed effort is God, while man is contrived, as we said above,[*](Plat. Laws 644d.) to be a plaything of God, and the best part of him is really just that; and thus I say that every man and woman ought to pass through life in accordance with this character, playing at the noblest of pastimes, being otherwise minded than they now are.

Clin. How so?

Ath. Now they imagine that serious work should be done for the sake of play; for they think that it is for the sake of peace that the serious work of war needs to be well conducted. But as a matter of fact we, it would seem, do not find in war, either as existing or likely to exist, either real play or education worthy of the name, which is what we assert to be in our eyes the most serious thing. It is the life of peace that everyone should live as much and as well as he can. What then is the right way? We should live out our lives playing at certain pastimes—sacrificing, singing and dancing—so as to be able to win Heaven’s favor and to repel our foes and vanquish them in fight.

Ath. By means of what kinds of song and dance both these aims may be effected,—this has been, in part, stated in outline, and the paths of procedure have been marked out, in the belief that the poet is right when he says—

  1. Telemachus, thine own wit will in part
  2. Instruct thee, and the rest will Heaven supply;
  3. For to the will of Heaven thou owest birth
  4. And all thy nurture, I would fain believe.
Hom. Od. 3.26It behoves our nurslings also to be of this same mind, and to believe that what we have said is sufficient, and that the heavenly powers will suggest to them all else that concerns sacrifice and the dance,— in honor of what gods and at what seasons respectively they are to play and win their favor, and thus mold their lives according to the shape of their nature, inasmuch as they are puppets[*](Cp. Plat. Laws 644d-e.) for the most part, yet share occasionally in truth.

Meg. You have a very mean opinion, Stranger, of the human race.

Ath. Marvel not, Megillus, but forgive me. For when I spoke thus, I had my mind set on God, and was feeling the emotion to which I gave utterance. Let us grant, however, if you wish, that the human race is not a mean thing, but worthy of serious attention. To pursue our subject,—we have described[*](Plat. Laws 764c, Plat. Laws 779d.) buildings for public gymnasia as well as schools in three divisions within the city, and also in three divisions round about the City training-grounds and race-courses for horses, arranged for archery and other long-distance shooting, and for the teaching and practicing of the youth: if, however, our previous description of these was inadequate, let them now be described and legally regulated. In all these establishments there should reside teachers attracted by pay from abroad for each several subject, to instruct the pupils in all matters relating to war and to music; and no father shall either send his son as a pupil or keep him away from the training-school at his own sweet will, but every man jack of them all (as the saying goes) must, so far as possible, be compelled to be educated, inasmuch as they are children of the State even more than children of their parents. For females, too, my law will lay down the same regulations as for men, and training of an identical kind. I will unhesitatingly affirm that neither riding nor gymnastics, which are proper for men, are improper for women.

Ath. I believe the old tales I have heard, and I know now of my own observation, that there are practically countless myriads of women called Sauromatides, in the district of Pontus, upon whom equally with men is imposed the duty of handling bows and other weapons, as well as horses, and who practice it equally. In addition to this I allege the following argument. Since this state of things can exist, I affirm that the practice which at present prevails in our districts is a most irrational one—namely, that men and women should not all follow the same pursuits with one accord and with all their might. For thus from the same taxation and trouble there arises and exists half a State only instead of a whole one, in nearly every instance; yet surely this would be a surprising blunder for a lawgiver to commit.

Clin. So it would seem; yet truly a vast number of the things now mentioned, Stranger, are in conflict with our ordinary polities.

Ath. Well, but I said[*](Cp. Plat. Laws 746c, Plat. Laws 799e.) that we should allow the argument to run its full course, and when this is done we should adopt the conclusion we approve.

Clin. In this you spoke most reasonably; and you have made me now chide myself for what I said. So say on now what seems good to you.

Ath. What seems good to me, Clinias, as I said before,[*](Plat. Laws 805a.) is this,—that if the possibility of such a state of things taking place had not been sufficiently proved by facts, then it might have been possible to gainsay our statement; but as it is, the man who rejects our law must try some other method, nor shall we be hereby precluded from asserting in our doctrine that the female sex must share with the male, to the greatest extent possible, both in education and in all else. For in truth we ought to conceive of the matter in this light. Suppose that women do not share with men in the whole of their mode of life, must they not have a different system of their own?

Clin. They must.

Ath. Then which of the systems now in vogue shall we prescribe in preference to that fellowship which we are now imposing upon them? Shall it be that of the Thracians, and many other tribes, who employ their women in tilling the ground and minding oxen and sheep and toiling just like slaves? Or that which obtains with us and all the people of our district? The way women are treated with us at present is this—we huddle all our goods together, as the saying goes, within four walls, and then hand over the dispensing of them to the women, together with the control of the shuttles and all kinds of wool-work.

Ath. Or again, shall we prescribe for them, Megillus, that midway system, the Laconian? Must the girls share in gymnastics and music, and the women abstain from wool-work, but weave themselves instead a life that is not trivial at all nor useless, but arduous, advancing as it were halfway in the path of domestic tendance and management and child-nurture, but taking no share in military service; so that, even if it should chance to be necessary for them to fight in defence of their city and their children, they will be unable to handle with skill either a bow (like the Amazons) or any other missile, nor could they take spear and shield, after the fashion of the Goddess,[*](For Athene as a warrior, cp. Plat. Laws 796b.) so as to be able nobly to resist the wasting of their native land, and to strike terror—if nothing more—into the enemy at the sight of them marshalled in battle-array? If they lived in this manner, they certainly would not dare to adopt the fashion of the Sauromatides, whose women would seem like men beside them. So in regard to this matter, let who will commend your Laconian lawgivers: as to my view, it must stand as it is. The lawgiver ought to be whole-hearted, not half-hearted,—letting the female sex indulge in luxury and expense and disorderly ways of life,[*](Cp. Aristot. Pol. 1269b 12 ff.) while supervising the male sex; for thus he is actually bequeathing to the State the half only, instead of the whole, of a life of complete prosperity.

Meg. What are we to do, Clinias? Shall we allow the Stranger to run down our Sparta in this fashion?

Clin. Yes: now that we have granted him free speech we must let him be, until we have discussed the laws fully.

Meg. You are right.

Ath. May I, then, endeavor without more delay to proceed with my exposition?

Clin. By all means.

Ath. What manner of life would men live, supposing that they possessed a moderate supply of all the necessaries, and that they had entrusted all the crafts to other hands, and that their farms were hired out to slaves, and yielded them produce enough for their modest needs? Let us further suppose that they had public mess-rooms—separate rooms for men, and others close by for their households, including the girls and their mothers—

Ath. and that each of these rooms was in charge of a master or mistress, to dismiss the company and to watch over their behavior daily; and, at the close of the meal, that the master and all the company poured a libation in honor of those gods to whom that night and day were dedicated, and so finally retired home. Supposing them to be thus organized, is there no necessary work, of a really appropriate kind, left for them, but must every one of them continue fattening himself like a beast?[*](Cp. Aristot. Pol. 1334a.13 ff.) That, we assert, is neither right nor good; nor is it possible for one who lives thus to miss his due reward; and the due reward of an idle beast, fattened in sloth, is, as a rule, to fall a prey to another beast—one of those which are worn to skin and bone through toil hardily endured. Now it is probable that if we look to find this state of leisure fully realized exactly as described, we shall be disappointed, so long as women and children and houses remain private, and all these things are established as the private property of individuals; but if the second-best State,[*](i.e. the (Magnesian) State described in the Laws, in contrast to the Ideal (communistic) State of the Republic.) as now described, could exist, we might be well content with it. And, we assert, there does remain for men living this life a task that is by no means small or trivial, but rather one that a just law imposes upon them as the weightiest task of all. For as compared with the life that aims at a Pythian or Olympian victory and is wholly lacking in leisure for other tasks, that life we speak of—which most truly deserves the name of life—is doubly (nay, far more than doubly) lacking in leisure, seeing that it is occupied with the care of bodily and spiritual excellence in general. For there ought to be no other secondary task to hinder the work of supplying the body with its proper exercise and nourishment, or the soul with learning and moral training: nay, every night and day is not sufficient for the man who is occupied therein to win from them their fruit in full and ample measure. So this being nature’s law, a program must be framed for all the freeborn men, prescribing how they shall pass their time continuously, from dawn to dawn and sunrise on each successive day. It would be undignified for a lawgiver to mention a host of petty matters connected with the domestic arrangements—such as, in particular, the rules about that wakefulness at night which is proper for men who propose to guard a whole State adequately and continuously.