Laws

Ath. First, let us once more state, as best we can, how many these causes are likely to be. The greatest is lust, which masters a soul that is made savage by desires; and it occurs especially in connection with that object for which the most frequent and intense craving afflicts the bulk of men,—the power which wealth possesses over them, owing to the badness of their nature and lack of culture, to breed in them countless lustings after its insatiable and endless acquisition. And of this lack of culture the cause is to be found in the ill-praising of wealth in the common talk of both Greeks and barbarians; for by exalting it as the first of goods,[*](Cp. Plat. Laws 697b, Plat. Laws 831c; Aristot. Pol. 1323a.25 ff; Aristot. Nic. Eth. 1098 b 13 ff.) when it should come but third, they ruin both posterity and themselves. The noblest and best course of all in all States is that the truth should be stated about wealth,—namely, that it exists for the sake of the body, and the body for the sake of the soul; so that, while the objects for which it really exists are goods, yet wealth itself will come third, after goodness of body and of soul. So this law will serve as an instructor, to teach that the man who intends to be happy must seek not to be wealthy, but to be justly and temperately wealthy; and if this were so, no murders that needed purging by murders would occur in States. But, as things now stand, this love of riches is—as we said[*](Plat. Laws 831c; cp. Aristot. Pol. 1271a.17.) when we began this subject—one cause, and a very great cause, which produces the most serious of trials for willful murder. A second cause is the temper of the ambitious soul, which breeds envies that are dangerous associates for the man that feels the envy, in the first place, and dangerous also for the best citizens in the State. Thirdly, fears bred of cowardice and iniquity have wrought many murders,—in cases where men do or have done things concerning which they desire that no one should share their secret; consequently, if there are any who might expose their secret, they remove them by death, whenever they can do so by no other means. Concerning all these matters, the preludes mentioned shall be pronounced, and, in addition to them, that story which is believed by many when they hear it from the lips of those who seriously relate such things at their mystic rites,—that vengeance for such acts is exacted in Hades,[*](Cp. Plat. Laws 722d: whereas the law coerces, its prelude seeks to persuade.) and that those who return again to this earth[*](This implies the (Pythagorean) doctrine of re-incarnation: cp. Plat. Laws 904c, Plat. Rep. 614e ff., Plat. Tim. 90e ff.) are bound to pay the natural penalty,—each culprit the same, that is, which he inflicted on his victim,—and that their life on earth must end in their meeting a like fate at the hands of another.

Ath. To him who obeys, and fully dreads such a penalty, there is no need to add to the prelude by reciting the law on the subject; but to the disobedient this is the law which shall be stated in the written code:—Whosoever of deliberate intent and unjustly slays with his own hand any of the tribesmen shall, in the first place, be debarred from the lawful assemblies, and shall not defile either temples or market or harbors or any other place of meeting, whether or not any person warns off the doer of such deeds—for he is warned off by the law, which is, and always will continue, warning him thus publicly, on behalf of the whole State; and the man who fails to prosecute him when he ought, or fails to warn him of the fact that he is thus debarred, if he be of kin to the dead man on either the male or female side, and not further removed than a cousin,[*](Cp. Plat. Laws 877c Plat. Laws 877d.) shall, first, receive upon himself the defilement and the wrath of the gods, since the curse of the law brings also upon him that of the divine voice, and, secondly, he shall be liable to the action of whosoever pleases to punish him on behalf of the dead man. And he that wishes to punish him shall duly perform all that concerns the observance of the purifications proper therefore, and whatsoever else the god prescribes as lawful in these cases, and he shall recite the pronouncement of warning; and thus he shall go and compel the culprit to submit to the execution of the penalty according to law. That it is necessary that these proceedings should be accompanied by certain invocations and sacrifices to those gods whose concern it is that murders should not occur in States, it is easy for the lawgiver to demonstrate: who these gods are, and what method for bringing such prosecutions would be the most correct in point of ritual,—this the Law-wardens, in conjunction with the interpreters and seers and with the god, shall ordain; and so they shall bring these prosecutions. And the judges in these cases shall be the same persons who form—as we described[*](Plat. Laws 855c.)—the final court of trial for robbers of temples. He that is convicted shall be punished by death, and he shall not be buried in the land of the victim, because of the shamelessness as well as impiety of his act. If the culprit flees and refuses to come up for judgment, he shall be exiled with an unending exile; and if any such person sets foot in the country of the murdered man, he of the dead man’s relatives or of the citizens that first meets with him shall slay him with impunity, or else bind him and hand him over to those magistrates who have judged the case, to be slain. The prosecutor, in a murder-charge, must at once demand bail from the defendant; and the latter shall provide three substantial securities—as approved by the court of the judges in such cases—, who guarantee to produce him at the trial; and if a man be unwilling or unable to provide these sureties, the court must take, bind and keep him, and produce him at the trial of the case.

Ath. If a man does not slay another with his own hand, but plots death for him, and after killing him by design and plotting resides in the State, being responsible for the murder and not innocent or pure of heart in respect of it,—in his case the prosecutions on this charge shall proceed in the same way, except in the matter of bail. And the person convicted shall be allowed to have burial at home; but all else shall be carried out in his case in the same way as in the case last described. And these same regulations shall govern all cases where Strangers are at law with Strangers, or citizens and Strangers at law with each other, or slaves with slaves, in respect both of actual murder and of plotting to murder, except as regards bail; and as to this, just as it has been said that the actual murderers must be secured by guarantors, so these persons too must provide security to the person who proclaims the murder. If a slave willfully slay a free man, either by his own hand or by plotting, and be convicted at the trial, the public executioner of the State shall drag him in the direction of the tomb of the dead man to a spot from which he can see the tomb, and there scourge him with as many stripes as the prosecutor shall prescribe; and if the murderer be still alive after the beating, he shall put him to death. And if a man kill a slave when he is doing no wrong, actuated by fear lest the slave should expose his own foul and evil deeds, or for any other such reason, just as he would have been liable to a charge of murder for slaying a citizen, so likewise he shall be liable in the same way for the death of such a slave. Should cases occur of a kind for which it is a formidable and most unwelcome task to legislate, and yet impossible not to legislate,—such as murders of kinsfolk, either by a man’s own hand or by plotting, which are wholly willful and wicked,—crimes that occur for the most part in States with bad organization and nurture, but may occur at times even in a country where one would not expect them,—we must again recite the story we uttered[*](Plat. Laws 870d, Plat. Laws 870e.) a moment ago, if haply anyone, on hearing us, may become more strongly disposed in consequence voluntarily to abstain from murders of the most impious kind. The myth or story (or whatever one should call it) has been clearly stated, as derived from ancient priests, to the effect that Justice, the avenger of kindred blood, acting as overseer, employs the law just mentioned, and has ordained that the doer of such a deed must of necessity suffer the same as he has done: if ever a man has slain his father, he must endure to suffer the same violent fate at his own children’s hands in days to come; or if he has slain his mother, he must of necessity come to birth sharing in the female nature, and when thus born be removed from life by the hands of his offspring in afterdays;

Ath. for of the pollution of common blood there is no other purification, nor does the stain of pollution admit of being washed off before the soul which committed the act pays back murder for murder, like for like, and thus by propitiation lays to rest the wrath of all the kindred. Wherefore, in dread of such vengeances from Heaven a man should refrain himself; if, however, any should be overtaken by a disaster so lamentable that they have the audacity deliberately and of free will to reave soul from body for father, mother, brethren or children, in such cases the ordinance of the law of the mortal lawgiver stands thus:— The warnings of exclusion from customary places, and the sureties, are the same as those prescribed for former cases; and if any man be convicted of such a murder, and of having slain any of the persons named, the officers of the judges and magistrates shall kill him and cast him out naked at an appointed cross-roads outside the city; and all the magistrates, acting on behalf of the whole State, shall take each a stone and cast it on the head of the corpse, and thus make atonement for the whole State; and after this they shall carry the corpse to the borders of the land and cast it out unburied, according to law. Now he that slays the person who is, as men say, nearest and dearest of all,—what penalty should he suffer? I mean the man that slays himself,—violently robbing himself of his Fate-given share of life, when this is not legally ordered by the State, and when he is not compelled to it by the occurrence of some intolerable and inevitable misfortune, nor by falling into some disgrace that is beyond remedy or endurance,—but merely inflicting upon himself this iniquitous penalty owing to sloth and unmanly cowardice. In this case, the rest of the matters—concerning the rules about rites of purification and of burial—come within the cognizance of the god, and regarding these the next of kin must seek information from the interpreters and the laws dealing with these matters, and act in accordance with their instructions: but for those thus destroyed the tombs shall be, first, in an isolated position with not even one adjacent, and, secondly, they shall be buried in those borders of the twelve districts which are barren and nameless, without note, and with neither headstone nor name to indicate the tombs. If a mule or any other animal murder anyone,— except when they do it when taking part in a public competition,—the relatives shall prosecute the slayer for murder, and so many of the land-stewards as are appointed by the relatives shall decide the case, and the convicted beast they shall kill and cast out beyond the borders of the country.

Ath. If a lifeless thing rob a man of life—except it be lightning or some bolt from heaven,—if it be anything else than these which kills someone, either through his falling against it or its falling upon him, then the relative shall set the nearest neighbor to pass judgment on it, thus making atonement on behalf of himself and all his kindred, and the thing convicted they shall cast beyond the borders, as was stated in respect of animals. If anyone be found evidently dead, and if his slayer be unknown and undiscoverable after careful search, then the warnings shall be the same as in the other cases, including the warning of death to the doer of the deed, and the prosecutor, when he has proved his claim, shall give public warning in the market-place to the slayer of So-and-so, convicted of murder, not to set foot in holy places nor anywhere in the country of the victim, since, if he appears and is known, he shall be put to death and be cast out from the country of the victim without burial. So let this stand as one section of our code of law dealing with murder. Thus far we have dealt with crimes of the kind described; in what follows we shall describe the cases and the circumstances under which the slayer will rightly be pronounced guiltless. If a man catch and slay a thief who is entering his house by night to steal goods, he shall be guiltless; and if a man in self-defence slay a footpad, he shall be guiltless. The man who forcibly violates a free woman or boy shall be slain with impunity by the person thus violently outraged, or by his father or brother or sons. And should a man discover his wedded wife being violated, if he kills the violator he shall be guiltless before the law. And if a man slay anyone when warding off death from his father (when he is doing no wrong), or from his mother or children or brethren, or from the mother of his own children, he shall be wholly guiltless. Thus let it be laid down by law respecting the nurture and training of living souls,—which when gained make life livable, but when missed, unlivable,—and respecting the punishments which ought to be imposed in cases of violent death. The regulations regarding the nurture and training of the body have been stated[*](Plat. Laws 813d.): but what comes next, namely, violent actions, both voluntary and involuntary, done by one against another,—these we must define as clearly as we can, stating their character and number and what punishment each duly deserves: such enactments, as it seems, will rightly follow on the foregoing. Next in order after cases of death even the least competent of those who essay legislation would place cases of wounds and maiming. Wounds, just like murders, must be classed under several heads,—the involuntary, those done in passion, those done in fear, and all those that are voluntary and deliberate.

Ath. Concerning all such cases we must make a prefatory pronouncement to this effect:—It is really necessary for men to make themselves laws and to live according to laws, or else to differ not at all from the most savage of beasts. The reason thereof is this,—that no man’s nature is naturally able both to perceive what is of benefit to the civic life of men and, perceiving it, to be alike able and willing to practice what is best. For, in the first place, it is difficult to perceive that a true civic art necessarily cares for the public, not the private, interest,—for the public interest bind States together, whereas the private interest rends them asunder,—and to perceive also that it benefits both public and private interests alike when the public interest, rather than the private, is well enacted. And, secondly, even if a man fully grasps the truth of this as a principle of art, should he afterwards get control of the State and become an irresponsible autocrat, he would never prove able to abide by this view and to continue always fostering the public interest in the State as the object of first importance, to which the private interest is but secondary; rather, his mortal nature will always urge him on to grasping and self-interested action, irrationally avoiding pain and pursuing pleasure; both these objects it will prefer above justice and goodness, and by causing darkness within itself it will fill to the uttermost both itself and the whole State with all manner of evils. Yet if ever there should arise a man competent by nature and by a birthright of divine grace to assume such an office, he would have no need of rulers over him; for no law or ordinance is mightier than Knowledge,[*](Cp. Plat. Prot. 352b ff.; Aristot. Nic. Eth. 1145 b 24 ff.) nor is it right for Reason to be subject or in thrall to anything, but to be lord of all things, if it is really true to its name and free in its inner nature. But at present such a nature exists nowhere at all, except in small degree; wherefore we must choose what is second best, namely, ordinance and law, which see and discern the general principle, but are unable to see every instance in detail. This declaration has been made for the sake of what follows: now we shall ordain what the man who has wounded, or in some way injured, another must suffer or pay. And here, of course, it is open to anyone, in regard to any case, to interrupt us, and quite properly, with the question—What wounds has the man you speak of inflicted, and on whom, and how and when? For cases of wounding are countless in their variety, and they differ vastly from one another. So it is impossible for us either to commit all these cases to the law courts for trial, or to commit none of them.

Ath. Yet in regard to them all there is one point that we must of necessity commit for decision,—the question of fact, whether or not each of the alleged acts took place; and it is practically impossible for the lawgiver to refuse in all cases to commit to the courts the question regarding the proper penalty or fine to be inflicted on the culprit, and himself to pass laws respecting all such cases, great and small.

Clin. What, then, is to be our next statement?

Ath. This,—that some matters are to be committed to the courts, while others are not to be so committed, but enacted by the lawgiver.

Clin. What are the matters to be enacted, and what are to be handed over to the law courts for decision?

Ath. It will be best to make the following statement next,— that in a State where the courts are poor and dumb and decide their cases privily, secreting their own opinions, or (and this is a still more dangerous practice) when they make their decisions not silently but filled with tumult, like theaters, roaring out praise or blame of each speaker in turn,—then the whole State, as a rule, is faced with a difficult situation. To be compelled by some necessity to legislate for law courts of this kind is no happy task; but when one is so compelled, one must commit to them the right of fixing penalties only in a very few cases, dealing oneself with most cases by express legislation—if indeed one ever legislates at all for a State of that description. On the other hand, in a State where the courts have the best possible constitution, and the prospective judges are well-trained and tested most strictly, there it is right, and most fitting and proper, that we should commit to such judges for decision most of the questions regarding what penalties convicted criminals should suffer or pay. On the present occasion we may well be pardoned if we refrain from ordaining for them by law the points that are most important and most numerous, which even ill-educated judges could discern, and could assign to each offence the penalty merited by the wrong as suffered and committed; and seeing that the people for whom we are legislating are themselves likely, as we suppose, to become not the least capable of judges of such matters, we must commit most of them to them. None the less, that course which we frequently adopted[*](Cp. Plat. Laws 770b, Plat. Laws 846b, Plat. Laws 846c.) when laying down our former laws, both by word and action— when we stated an outline and typical cases of punishments, and gave the judges examples, so as to prevent their ever overstepping the bounds of justice,—that course was a perfectly right one then, and now also we ought to adopt it, when we return again at last to the task of legislation.

Ath.So let our written law concerning wounding run thus—If any man purposing of intent to kill a friendly person—save such as the law sends him against,—wounds him, but is unable to kill him, he that has thus purposed and dealt the wound does not deserve to be pitied; rather he is to be regarded exactly as a slayer, and must be compelled to submit to trial for murder; yet out of respect for his escape from sheer ill-fortune and for his Genius [*](For daemon in this sense of tutelary Genius or Guardian-angel, cp. Plat. Laws 732c, Plat. Rep. 619d ff, Plat. Rep. 619e.)—who in pity alike for him and for the wounded man saved the wound of the one from proving fatal and the fortune and crime of the other from proving accursed,—in gratitude to this Genius, and in compliance therewith, the wounder shall be relieved of the death-penalty, but shall be deported for life to a neighboring State, enjoying the fruits of all his own possessions. If he has done damage to the wounded man, he shall pay for it in full to him that is damaged; and the damage shall be assessed by the court which decides the case, which court shall consist of those who would have tried the culprit for murder if the man had died of the wound he received. If in like manner, deliberately, a son wound his parents or a slave his master, death shall be the penalty; and if a brother wound in like manner a brother or sister, or a sister wound a brother or sister, and be convicted of wounding deliberately, death shall be the penalty. A wife that has wounded her husband, or a husband his wife, with intent to kill, shall be exiled for life: if they have sons or daughters who are still children, the guardians shall administer their property, and shall take charge of the children as orphans; but if they be already grown men, the offspring shall be compelled to support their exiled parent, and they shall possess his property. If any person overtaken by such a disaster be childless, the kinsfolk on both sides, both male and female, as far as cousins’ children, shall meet together and appoint an heir for the house in question—the 5040th in the State,—taking counsel with the Law-wardens and priests; and they shall bear in mind this principle, that no house of the 5040 belongs as much, either by private or public right, to the occupier or to the whole of his kindred as it belongs to the State; and the State must needs keep its own houses as holy and happy as possible.

Ath. Therefore, whenever any house is at once unhappy and unholy, in that the owner thereof leaves no children, but—being either unmarried or, though married, childless—dies, after having been convicted of willful murder or of some other offence against gods or citizens for which death is the penalty expressly laid down in the law; or else if any man who is without male issue be exiled for life;—then they shall be in duty bound, in the first place, to make purifications and expiations for this house, and, in the next place, the relatives, as we said just now, must meet together and in consultation with the Law-wardens consider what family there is in the State which is pre-eminent for goodness, and prosperous withal, and containing several children. Then from the family selected they shall adopt one child on behalf of the dead man’s father and ancestors to be a son of theirs, and they shall name him after one of them, for the sake of the omen—with a prayer that in this wise he may prove to them a begetter of offspring, a hearth-master and a minister in holy and sacred things, and be blest with happier fortune than his (official) father; him they shall thus establish legally as lot-holder, and the offender they shall suffer to be nameless and childless and portionless, whenever such calamities overtake him. It is not the fact, as it would seem, that in the case of all objects boundary is contiguous with boundary; but where there is a neutral strip, which lies between the two boundaries, impinging on each, it will be midway between both. And that is precisely the description we gave[*](Plat. Laws 867a.) of the passionate action as one which lies midway between involuntary and voluntary actions. So let the law stand thus respecting wounding committed in anger:—If a person be convicted, in the first place he shall pay double the damage, in case the wound prove to be curable, but four times the damage in case of incurable wounds. And if the wound be curable, but cause great shame and disgrace to the wounded party, the culprit shall pay three times the damage. And if ever a person, in wounding anyone, do damage to the State as well as to the victim, by rendering him incapable of helping his country against its enemies, such a person, in addition to the rest of the damages, shall pay also for the damage done to the State: in addition to his own military service, he shall do service also as a substitute for the incapacitated man, and carry out his military duties in his place, or, if he fails to do so, he shall by law be liable to prosecution for shirking military service, at the hands of anyone who pleases. The due proportion of the damage payable—whether two, three, or four times the actual amount—shall be fixed by the judges who have voted on the case. If a kinsman wound a kinsman in the same way as the person just mentioned, the members of his tribe and kin, both males and females, as far as cousins’ children on both the male and female side, shall meet together and, after coming to a decision, shall hand over the case to the natural parents for assessment of the damage; and if the assessment be disputed, the kindred on the male side shall be authorized to make a binding assessment; and if they prove unable to do so, they shall refer the matter finally to the Law-wardens.

Ath. When woundings of this kind are inflicted by children on parents, the judges shall be, of necessity, men over sixty years of age who have genuine, and not merely adopted, children of their own; and if a person be convicted, they shall assess the penalty—whether such a person ought to be put to death, or ought to suffer some other punishment still more severe, or possibly a little less severe: but none of the relatives of the culprit shall act as a judge, not even if he be of the full age stated in the law. If a slave wound a free man in rage, his owner shall hand over the slave to the wounded man to be dealt with just as he pleases; and if he do not hand over the slave, he shall himself make good the damage to the full. And if any man alleges that the deed was a trick concocted by the slave in collusion with the wounded party, he shall dispute the case: if he fail to win it, he shall pay three times the damage, but if he win, he shall hold liable for kidnapping the man who contrived the trick in collusion with the slave. Whoever wounds another involuntarily shall pay a single equivalent for the damage (since no lawgiver is able to control fortune), and the judges shall be those designated to act in cases of the wounding of parents by children; and they shall assess the due proportion of damage payable. All the cases we have now dealt with are of suffering due to violence, and the whole class of cases of outrage involve violence. Regarding such cases, the view that should be held by everyone,—man, woman and child,—is this, that the older is greatly more revered than the younger, both among the gods and among those men who propose to keep safe and happy. An outrage perpetrated by a younger against an older person is a shameful thing to see happening in a State, and a thing hateful to God: when a young man is beaten by an old man, it is meet that, in every case, he should quietly endure his anger, and thus store up honor for the time of his own old age. Therefore let the law stand thus:—Everyone shall reverence his elder both by deed and word; whosoever, man or woman, exceeds himself in age by twenty years he shall regard as a father or a mother, and he shall keep his hands off that person, and he shall ever refrain himself, for the sake of the gods of birth, from all the generation of those who are potentially his own bearers and begetters. So likewise he shall keep his hands off a Stranger, be he long resident or newly arrived; neither as aggressor nor in self-defence shall he venture at all to chastise such an one with blows. If he deems that a Stranger has shown outrageous audacity in beating him and needs correction, he shall seize the man and take him before the bench of the city-stewards (but refrain from beating him), so that he may flee the thought of ever daring to strike a native. And the city-stewards shall take over the Stranger and examine him—with due respect for the God of Strangers;[*](For the respect due to Strangers as a religious duty, cp. Plat. Laws 729e.) and if he really appears to have beaten the native unjustly, they shall give the Stranger as many strokes of the scourge as he himself inflicted, and make him cease from his foreign forwardness; but if he has not acted unjustly, they shall threaten and reprove the man who arrested him, and dismiss them both.

Ath. If a man of a certain age beat a man of his own age, or one above his own age who is childless,— whether it be a case of an old man beating an old man, or of a young man beating a young man,—the man attacked shall defend himself with bare hands, as nature dictates, and without a weapon. But if a man over forty ventures to fight, whether as aggressor or in self-defence, he shall be called a knave and a boor, and if he finds himself incurring a degrading sentence, he will be getting his deserts. Any man who lends a ready ear to such exhortations will prove easy to manage; but he that is intractable and pays no regard to the prelude will hearken readily to a law to this effect:—If anyone beats a person who is twenty or more years older than himself, in the first place, whoever comes upon them, if he be neither of equal age nor younger, shall try to separate them, or else be held to be a coward in the eyes of the law; and if he be of a like age with the man assaulted or still younger, he shall defend him who is wronged as he would a brother or a father or a still older progenitor. Further, he that dares to strike the older man in the way described shall be liable also to an action for outrage, and if he be convicted, he shall be imprisoned for not less than a year; and if the judges assess the penalty at a longer period, the period so assessed shall be binding on him. And if a Stranger or a resident alien beat a man older than himself by twenty or more years, the same law regarding help from bystanders shall be equally binding; and he that is cast in a suit of this kind, if he be a non-resident Stranger, shall be imprisoned for two years and fulfil this sentence; and he that is a resident alien and disobeys the laws shall be imprisoned for three years, unless the court assess his penalty at a longer period. And the man who is a bystander in any of these cases of assault, and who fails to give help as the law prescribes, shall be penalized by a fine of a mina, if he be a man of the highest property-class; of fifty drachmae, if he be of the second class; of thirty drachmae, if of the third; and of twenty drachmae, if of the fourth class. And the court for such cases shall consist of the generals, taxiarchs, phylarchs, and hipparchs. Laws, it would seem, are made partly for the sake of good men, to afford them instruction as to what manner of intercourse will best secure for them friendly association one with another, and partly also for the sake of those who have shunned education, and who, being of a stubborn nature, have had no softening treatment[*](Cp. Plat. Laws 853d.) to prevent their taking to all manner of wickedness. It is because of these men that the laws which follow have to be stated,—laws which the lawgiver must enact of necessity, on their account, although wishing that the need for them may never arise.

Ath. Whosoever shall dare to lay hands on father or mother, or their progenitors, and to use outrageous violence, fearing neither the wrath of the gods above nor that of the Avengers (as they are called) of the underworld, but scorning the ancient and worldwide traditions (thinking he knows what he knows not at all), and shall thus transgress the law,—for such a man there is needed some most severe deterrent. Death is not a most severe penalty; and the punishments we are told of in Hades for such offences, although more severe than death and described most truly, yet fail to prove any deterrent to souls such as these,—else we should never find cases of matricide and of impiously audacious assaults upon other progenitors. Consequently, the punishments inflicted upon these men here in their lifetime for crimes of this kind must, so far as possible, fall in no way short of the punishments in Hades. So the next pronouncement shall run thus:—Whosoever shall dare to beat his father or mother, or their fathers or mothers, if he be not afflicted with madness,—in the first place, the bystander shall give help, as in the former cases, and the resident Stranger who helps shall be invited to a first-row seat at the public games, but he who fails to help shall be banished from the country for life; and the non-resident Stranger shall receive praise if he helps, and blame if he does not help; and the slave who helps shall be made free, but if he fails to help he shall be beaten with 100 stripes of a scourge by the market-stewards, if the assault occur in the market, and if it occur in the city, but outside the market-place, the punishment shall be inflicted by the city-steward in residence, and if it occur in any country district, by the officers of the country-stewards. And the bystander who is a native—whether man, woman, or boy—shall in every case drive off the attacker, crying out against his impiety; and he that fails to drive him off shall be liable by law to the curse of Zeus, guardian-god of kinship and parentage. And if a man be convicted on a charge of outrageous assault upon parents, in the first place he shall be banished for life from the city to other parts of the country, and he shall keep away from all sacred places and if he fails to keep away, the country-stewards shall punish him with stripes, and in any other way they choose, and if he returns again he shall be punished with death. And if any free man voluntarily eat or drink or hold any similar intercourse with such an one, or even give him merely a greeting when he meets him, he shall not enter any holy place or the market or any part of the city until he be purified, but he shall regard himself as having incurred a share of contagious guilt;

Ath. and should he disobey the law and illegally defile sacred things and the State, any magistrate who notices his case and fails to bring him up for trial shall have to face this omission as one of the heaviest charges against him at his audit. If it be a slave that strikes the free man—stranger or citizen—the bystander shall help, failing which he shall pay the penalty as fixed according to his assessment;[*](Cp. Plat. Laws 880d.) and the bystanders together with the person assaulted shall bind the slave, and hand him over to the injured person, and he shall take charge of him and bind him in fetters, and give him as many stripes with the scourge as he pleases, provided that he does not spoil his value to the damage of his master, to whose ownership he shall hand him over according to law. The law shall stand thus:—Whosoever, being a slave, beats a free man without order of the magistrates,—him his owner shall take over in bonds from the person assaulted, and he shall not loose him until the slave have convinced the person assaulted that he deserves to live loosed from bonds. The same laws shall hold good for all such cases when both parties are women, or when the plaintiff is a woman and the defendant a man, or the plaintiff a man and the defendant a woman.

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

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

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

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

Clin. What is it?

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

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

Ath. How so?

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

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

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

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

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

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

Clin. What do you mean?

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

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

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

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

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

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

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

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

Clin. What is it you mean?

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

Clin. Explain more clearly.

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

Clin. Is it not a right statement?

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

Clin. By all means let us do so.

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

Clin. How do you mean?

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

Clin. What do you mean?

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

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

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

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

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