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Plato: Laws (Books 1-6) PDF

526 Pages·1961·13.251 MB·English
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Preview Plato: Laws (Books 1-6)

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

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