Accordingly, from hence to the end of the Treatise De Legg., Plato proceeds upon the principle here laid down. He either prefixes a prologue to each of his laws — or blends the law with its proëm — or gives what may be called a proëm without a law, that is a string of hortatory or comminatory precepts. There are various points (he says) on which the lawgiver cannot propose any distinct and peremptory enactment, but must confine himself to emphatic censure[146] and declaration of opinion, with threats of displeasure on the part of the Gods: the rather as he cannot hope to accomplish his public objects, without the largest interference with private habits — nor without bringing his regulations to bear upon individual life, where positive law can hardly reach.[147] The Platonic prologues are sometimes expositions of the reasons of the law — i. e. of the dangers which it is intended to ward off, or the advantages to be secured by it. But far more frequently, they are morsels of rhetoric — lectures, discourses, or homilies — addressed to the emotions and not to the reason, insisting on the ethical and religious point of view, and destined to operate with persuasive or intimidating effect upon an uninstructed multitude.[148]
[146] Cicero (De Legg. ii. 6) professes to follow Plato in this practice of prefixing proëms to his Laws. He calls the proëm an encomium upon the law, which in most cases it is — “ut priusquam ipsam legem recitem, de ejus legis laude dicam”.
[147] Plato, Legg. vi. p. 780 A.
[148] Plato, Legg. iv. p. 722 B. πρὸς τούτῳ δὲ οὐδεὶς ἔοικε διανοηθῆναι πώποτε τῶν νομοθετῶν, ὡς ἐξὸν δυοῖν χρῆσθαι πρὸς τὰς νομοθεσίας, πειθοῖ καὶ βίᾳ, καθ’ ὅσον οἷόν τε ἐπὶ τὸν ἄπειρον παιδείας ὄχλον τῷ ἑτέρῳ χρῶνται μόνον.
Great value set by Plato himself upon these prologues. They are to serve as type for all poets. No one is allowed to contradict them.
It seems that Plato took credit to himself for what he thought a beneficial innovation, in thus blending persuasive exhortation with compulsory command. His assurance, that no Grecian lawgiver had ever done so before, is doubtless trustworthy:[149] though we may remark that the confusion of the two has been the general rule with Oriental lawgivers — the Hindoos, the Jews, the Mahommedan Arabs, &c. But with him the innovation serves a farther purpose. He makes it the means of turning rhetoric to account; and of enlisting in his service, as lawgiver, not only all the rhetoric but all the poetry, in his community. His Athenian speaker is so well satisfied with these prologues, that he considers them to possess the charm of a poetical work, and suspects them to have been dictated by inspiration from the Gods.[150] He pronounces them the best and most suitable compositions for the teaching of youth, and therefore prescribes that teachers shall cause the youth to recite and learn them, instead of the poetical and rhetorical works usually employed. He farther enjoins that his prologues shall serve as type and canon whereby all other poetical and rhetorical compositions shall be tried. If there be any compositions in full harmony and analogy with this type, the teachers shall be compelled to learn them by heart, and teach them to pupils. Any teacher refusing to do so shall be dismissed.[151] Nor shall any poet be allowed to compose and publish works containing sentiments contradictory to the declaration of the lawgiver.[152]
[149] The testimony of Plato shows that the προοίμια τῆς νομοθεσίας ascribed to Zaleukus and Charondas (Diodor. xii. 12-20) are composed by authors later than his time, and probably in imitation of his προοίμια: which indeed is probable enough on other grounds. See Heyne, Opuscula, vol. ii., Prolus i. vi., De Zaleuci et Charondæ Legibus.
Cicero read the proëms ascribed to Zaleukus and Charondas as genuine (Legg. ii. 6); so did Diodôrus, xii. 17-20; Stobæus, Serm. xlii.
[150] Plato, Legg. vii. p. 811 C. οὐκ ἄνευ τινὸς ἐπιπνοίας θεῶν, ἔδοξαν δ’ οὖν μοι παντάπασι ποιήσει τινὶ προσομοίως εἰρῆσθαι.
[151] Plato, Legg. vii. p. 811 D-E.