Difference between Leges and Republic, illustrated by reference to the Politikus.
Comparing the Platonic Leges with the Platonic Republic the difference between them will be illustrated by the theory laid down in the Politikus. We read therein,[22] that the process of governing mankind well is an art, depending upon scientific principles; like the art of the physician, the general, the steersman: that it aims at the attainment of a given End, the well-being of the governed — and that none except the scientific or artistic Ruler know either the end or the means of attaining it: that such rulers are the rarest of all artists, never more than one or a very few, combining philosophical aptitude with philosophical training: but that when they are found, society ought to trust and obey their directions without any fixed law: that no peremptory law can be made to fit all contingencies, and that their art is the only law which they ought to follow in each particular conjuncture. If no such persons can be found, good government is an impossibility: but the next best thing to be done is, to establish fixed laws, as good as you can, and to ensure that they shall be obeyed by every one. Now the Platonic Republic aims at realising the first of these two ideal projects: everything in it turns upon the discretionary orders of the philosophical King or Oligarchy, and even the elaborate training of the Guardians serves only to make them perfect instruments for the execution of those orders. But the Platonic Leges or Treatise on Laws corresponds only to the second or less ambitious project — a tolerable imitation of the first and best.[23] Instead of philosophical rulers, one or a few invested with discretionary power, we have a scheme of political constitution — an alternation of powers temporary and responsible, an apportionment of functions and duties — a variety of laws enacted, with magistrates and dikasteries provided to apply them. Plato, or his Athenian spokesman, appears as adviser and as persuader; but the laws must be such as the body of citizens can be persuaded to adopt. There is moreover a scheme of education embodied in the laws: the individual citizen is placed under dominion at once spiritual and temporal: but the infallibility resides in the laws, and authority is exercised over him only by periodical magistrates who enforce them and determine in their name. It is the Laws which govern — not philosophical Artists of King-Craft.
[22] See above, [vol. iii. ch. xxx. p. 273], seq.
[23] Plato, Politikus, pp. 293 C-297 C.
Large proportion of preliminary discussions and didactic exhortation in the Leges.
The three first books of the Leges are occupied with general preliminary discussions on the ends at which laws and political institutions ought to aim — on the means which they ought to employ — and on the ethical effects of various institutions in moulding the character of the citizens. “For private citizens” (the Athenian says), “it is enough to say, in reply to the criticism of strangers, This is the law or custom with us. But what I propose to examine is, the wisdom of the lawgiver from whom the law proceeds.”[24] At the end of book three, Kleinias announces that the Kretans are about to found a new colony on a deserted site at one end of the island, and that they have confided to a committee of ten Knossians (himself among the number), the task of establishing a constitution and laws for the colony. He invites the Athenian to advise and co-operate with this committee. In the fourth book, we enter upon the special conditions of this colonial project, to which the constitution and laws must conform. It is not until the fifth book that the Athenian speaker begins to declare what constitutional provisions, and what legal enactments, he recommends. His recommendations are continued throughout all the remaining Treatise — from the fifth book, to the twelfth or last. They are however largely interspersed with persuasive addresses, expositions, homilies, and comminations, sometimes of extreme prolixity and vehemence,[25] on various topics of ethics and religion: which indeed occupy a much larger space than the laws themselves.
[24] Plato, Legg. i. p. 637 C-D. πᾶς γὰρ ἀποκρινόμενος ἐρεῖ θαυμάζοντι ξένῳ, τὴν παρ’ αὐτοῖς ἀήθειαν ὁρῶντι, Μὴ θαύμαζε, ὦ ξένε· νόμος ἔσθ’ ἡμῖν οὗτος, ἴσως δ’ ὑμῖν περὶ αὐτῶν τούτων ἕτερος· ἡμῖν δ’ ἐστὶ νῦν οὐ περὶ τῶν ἀνθρώπων τῶν ἄλλων ὁ λόγος, ἀλλὰ περὶ τῶν νομοθετῶν αὐτῶν κακίας τε καὶ ἀρετῆς.
[25] This is what Plato alludes to in the Politikus (p. 304 A) as “rhetoric enlisted in the service of the Ruler,” — ὅση βασιλικῇ κοινωνοῦσα ῥητορεία ξυγδιακυβερνᾷ τὰς ἐν ταῖς πόλεσι πράξεις.
Scope of the discussion laid down by the Athenian speaker — The Spartan institutions are framed only for war — This is narrow and erroneous.
The Athenian speaker avails himself of the privilege of old age to criticise the Spartan and Kretan institutions more freely than is approved by his two companions; who feel bound to uphold against all dissentients the divine origin of their respective polities.[26] On enquiring from them what is the purpose of their peculiar institutions — the Syssitia or public mess-table — the gymnastic discipline — the military drill — he is informed by both, that the purpose is to ensure habits of courage, strength, and skill, with a view to superiority in war over foreign enemies: war being, in their judgment, the usual and natural condition of the different communities into which mankind are distributed.[27] Such is the test according to which they determine the good constitution of a city. But the Athenian — proclaiming as the scope of his enquiry,[28] What is it which is right or wrong by nature, in laws? — will not admit the test as thus laid down. War against foreign enemies (i.e. enemies foreign to the city-community) is only one among many varieties of war. There exist other varieties besides:— war among the citizens of the same town — among the constituent villages of the same city-community — among the brethren of the same family — among the constituent elements of the same individual man.[29] Though these varieties of war or discord are of frequent occurrence, they are not the less evils, inconsistent with that idéal of the Best which a wise lawgiver will seek to approach.[30] Whenever any of them occur, he ought to ensure to the good and wise elements victory over the evil and stupid. But his idéal should be, to obviate the occurrence of war altogether — to adjust harmoniously the relation between the better and worse elements, disposing the latter towards a willing subordination and co-operation with the former.[31] Though courage in war is one indispensable virtue, it stands only fourth on the list — wisdom, justice, and temperance, being before it. Your aim is to inculcate not virtue, but only one part of virtue.[32] Many mercenary soldiers, possessing courage in perfection, are unjust, foolish, and worthless in all other respects.[33]