Plato: Laws (Books 1-6)

526 Pages·1961·13.251 MB·English

by  Plato, R. G. Bury (translator)

PLATO
WITH AN ENGLISH TRANSLATION
IX
LAWS
BY
R. G. BURY, Lirr.D.
POR3fXIU.Y SCHOIAROPTBIiOTT COIXKOK, CAMBRIDGE
IN TWO VOLUMES
I
CAMBRIDGE, MASSACHUSETTS
HARVARD UNIVERSITY PRESS
LONDON
WILLIAM HEINEMANN LTD
ilCMLSI
PA
427<1
Ai
q
V.
J^iVitprinted1926
Reprinted1942,1952,1961
SfD 2 IMl
PrintedinGreatBritain
CONTENTS
rAox
INTRODUCTION VU
BOOK I 3
BOOK n 89
BOOK III 165
BOOK IV 255
BOOK V 323
BOOK VI 303

INTRODUCTION
According to tradition, Plato was born in 427 B.C.
and died in 347 b.c, leaving behind him as his last
work the Lmvs. We may, therefore, suppose that
the last decade of his life was mainly occupied with
its composition. The internal evidence of the work
itself sufficiently confirms tradition. Not only does
it lack the charm and vigourofthe earlier dialogues,
but it is marked also by much uncouthness of style,
and by a tendency to pedantry, tautology and dis-
cursive garrulity which seems to point to the
failing powers of the author. Moreover, the author
himself indicates his own advanced age by the
artistic deviceofrepresenting thethree interlocutors
in the dialogue as old men, and by the stress he
repeatedly lays upon the fact of their age, as well
as upon the reverence due from the young to
the old.
The scene is laid in Crete, and it is during a walk
from Cnosus to the grotto of Zeus on Mount Ida, on
a long midsummer day, that the conversation here
related is supposed to have taken place. Of the
three old men, one is an Athenian, one (Clinias) a
Cretan^ one (Megillus) a Spartan. The protagonist
is the Athenian, and nearly all the talking is done
by him. His companions are little more than
listeners, rather dull of wit, and incapable of adding
vii
INTRODUCTION
anything original to the discussion. The choice of
their nationality, however, is significant, since the
main body of the laws framed for the Model City is
derived from the codes actually in force in Athens,
Sparta and Crete.
Voluminous and discursive as the Laws is, and
framed, apparently, on no artistic plan, it is difficult
for a reader to find hisway through the maze and to
see what connexion exists between the various parts
and the relevance of each part to the argument as a
whole. To help towards an understanding it may
be well to give a brief analysis of the argument,
book by book.
Book I.— Divine though their lawgivers were, the
laws of Sparta and Crete are deficient, inasmuch as
they aim solely at Courage, which is but one fraction
of Virtue. A more important virtue is Temperance,
or the right attitude towards pleasure and pain.
For the promotion oftemperance we need tests, and
drinking-partiesform admirable tests, although their
educational value in this connexion has not hitherto
been recogn—ised.
Book II. Anotheruseofstrongdrink is toinspire
age with something of the fire of youth, so that the
old may take an active part in Music and may direct
the musical training of the young on the right lines.
A discussion of music and dancing leads up to the
conclusion that we must form a "Dionysiac Chorus"
of old men to act as an Academy of Music and to
maintain a correct standard of taste in all that
concerns Dra—ma and the Arts.
Book III. Beginning with primitive man, the
survivors ofthe Flood,an historicalsurveyismade of
theorigin and developmentofcivic communities and
viii
INTRODUCTION
their laws. The Dorian Confederacy, the Persian
Empire, and the Athenian Democracy are examined
in turn, and the seeds of political decay in each of
them are pointed out. It is shown, from these ex-
amples, how the extremes of liberty and of tyranny
are alike dis—astrous.
Book IV. Clinias, it appears, has been appointed
a joint-founder of a new Magnesian Colony. This
gives a practical turn—to the discussion, and hence-
forth the question is how is such a colony to be
rightly shaped? The conditions of the colony, as
describedbyClinias, suggesttotheAthenianobserva-
tions on the danger of a seaboard and foreign trade,
andon the advantagesofaheterogeneouspopulation.
If a "true polity" is to be successfully established,
chance must aid skill, and a wise despot must co-
"
operate with a divine lawgiver; for a '•true polity
is one wherein Law reigns with undisputed sway,
and where all the laws are framed in the interests of
the community as a whole. To the Law, as also to
God and to all superior powers, man is bound to
render duty and service in all humility. In order
to inculcate this attitude of voluntary and intelli-
gent obedience, laws must be provided with pre-
ambles or preludes of an explanatory and hortatory
description.—
Book \. As an example ot such a hortatory pre-
lude, the duty of paying due honour to the Soul, as
the most divine part ofman,is expounded at length.
Then follow a number of detailed regulations re-
garding the selection of citizens, the number of
households in the State, allotments and their
arrangements—, and property-holdings.
Book VI. ^The SUte officials to be appointed
——
INTRODUCTION
are enumei'ated, and the methods of their appoint-
—
ment pr—escribed Law-warde—ns, Military Officers,
Council, Religious—Officials, Stewards for Market,
City and Country, Presidents of Music and Gym-
nastics (chi—ef of whom is the Superintendent of
Education), Judges. Then comes legislation deal-
i—ngwith the organisationofthe—households in tribes,
festivals and social functions, marriage (which is
a civic duty) and the cere—monies which attend it,
slaves—andtheir treatment, publicandprivatebuild-
ings, the regulation of private life and domestic
affairs (disc—ussing how far these should be legally
controlled), the time-limits proper for marriage,
and for militaiy service and the holding of public
office. —
Book VII. Regulations for the education of the
young. Up to the age ofthree continual movement
is to be prescribed for children; from three to six,
regulatedplay aftersix,regular instruction inmusic
;
and gymnastic, combined with play. Emphasis is
laid on the need of left-hand training, and the value
of ambidexterity. Then follows a discussion on the
subjects of right selection in regard to dance and
song, and the relation of Art and Religion to the
ultimate aim of human life. It is laid down that
the education of females must be identical with that
of males, and that the supreme task for all is self-
perfection. But the Lawgiver's work in regulating
education is rendered specially difficult owing to the
natural intractability of the child. Rules are given
respecting instruction in reading, writing and lyre-
playing, together with supplementary observations
on gymnastic and dancing. A discourse on "mathe-
matical necessity" serves as a preface to advice
—
INTRODUCTION
concerning arithmetic and geometry; and this is
followed by re—gulations for field-sports.
Book VIII. Regulations for military exercises
and sham-fights, with a disquisition on the defects
in the characters of States, such as the commercial
spirit, which hinder due military training: and fur-
ther observations regarding detail—s of militarytrain-
ing. Next to be dealt with a—re the sex-instinct,
with advice for its r—egulation, the production and
distribu—tion of foo—d, laws for the—control of agri-
culture, artisans, foreign t—rade, the distribution
ofhome and—foreign produce, markets.
Book IX. Legal actions and penalties for the
crimes of sacrilege and high treason, followed by a
digression dealing with the art of legislation, the
motives of crime, and the use of the terms "volun-
tary" and "involuntary" as applied to criminal
actions. Cases of "Crimes against the person"
murder, wo—unding and assault.
Book X. A discussion of atheism and irreligion,
and how they are caused and promulgated, is
followed by a threefold argument directed against
three types of misbelievers, viz. (a) those who deny
tghoedsextiaskteenncoeionftegroesdtsi;n(m6)etnhoosrethwehior aafsfsaierrst(twhhaetretahes
it is a duty incumbent on all to believe firmly in a
supreme Providence) (c) those who hold that the
;
gods are corruptible by bribes. Laws are enacted to
suppress these various forms of impiety, and also
to prohibit p—rivate cults.
Book XI. Regulations and observat—ions concern-
—
ingproper—ty-rights, buyingandselling,—commercial
honesty,—retail trade and in—n-keeping, breachesof
contract, military rewards, last wills and testa-
zi
———
INTRODUCTION
— — — —
merits, orphans, —family disputes, divorce, the
honour due—to age, injuries by means—of drugs and
witchcraft, theftsand acts ofviolence, insanity,
— —
abusive language, public ridicule, mendicancy,
the re—sponsibility of masters for—the acts of their
slaves, witnessesin courtsoflaw, the employment
ofprofessiona—l advocates.
Book XII. Regulationsando—bservationsconcern-
ing the duties of ambassadors, th—e wickedness of
theft, especially of State property, the benefit to
the State of habits of discipline in the citizens,
hence military service, with carefully adjudged
rewards—and penalties, must be universally com-
pulsory the Cou—rt ofExaminers, their appointment
a—nd their duties, oaths forbidden in the la—w-courts,
promptness in executing sentences, foreign
travel by the citizens,when permissible, and in what
respect beneficial to the State. Various minor
regulations are added respecting stolen goods, rights
of search, property-holdings, etc. Then follows a
review of the judicial arrangements, including
appeals, with further observations on the importance
ofthe study ofLaw, and on executions. Aftersome
supplementary rules have been given concerning
funerals and tombs, we come to a description of the
Nocturnal Synod, its function and constitution, and
the training ofits members; and with this the work
concludes.
It will be clear from this analysis that the title
of L—aws is a very insufficient—not to say mislead-
ing description of its contents. Barely one-third
ofthe work consists of"laws" in the literal senseof
the term ; the rest is a far-ranging discussion of all